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PRHSPSC PKT 09-10-2019City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee September 10, 2019 City Hall 5:00 p.m. H lebos Conference Room MEETING AGENDA *REVISED* 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of July 9, 2019 Minutes B. Portable Toilet Services Contract Amendment Presenter Page Action or Info 3 Action Gerwen 7 Action C. Monthly Report on PAEC Operations *Handout at end of Gressett Meeting Packet D. University of Washington Extra Duty Police Services Hwang Agreement E. Amendment to the Interlocal Agreement with the City of Hwang Auburn for Leasing Space for the Puget Sound Auto Theft Task Force F. Ballistic Vest Partnership (BVP) Grant Hwang G. King County Registered Sex Offender Cost Reimbursement Agreement H. Edward Byrne Memorial Justice Assistance Grant (JAG) Program for FY 2017 I. Severe Weather Shelter Update J. After School Funding Committee Members Jesse Johnson, Chair Mark Koppang Martin Moore K:\PRHSPS Committee\2019\09-10-2019 Agenda.doc 91 Update 11 Action 21 Action 25 Action Hwang 29 Hwang 41 Bridgeford N/A Bridgeford N/A Action Action Update Update Council Date N/A Consent 9/17/19 N/A Consent 9/17/19 Consent 9/17/19 Consent 9/17/19 Consent 9/17/19 Consent 9/17/19 N/A N/A City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II 5. EMERGING ISSUES/PENDING ITEMS Topic Title/ Description Presenter Info Time A. EI Centro de la Raza Estela Ortega Introduction 20 mins. B. Homelessness Task Force Recommendation Review Johnson Discussion 10 mins. 6. ADJOURNMENT NEXT REGULAR MEETING: October 8, 2019 Committee Members City Staff Jesse Johnson, Chair John Hutton, Parks Director Mark Koppang Mary Jaenicke, Administrative Assistant II Martin Moore K:\PRHSPS Committee\2019\09-10-2019 Agenda.doc City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee September 10, 2019 City Hall 5:00 p.m. H lebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of July 9, 2019 Minutes B. Portable Toilet Services Contract Amendment Presenter Page Action or Info 3 Action Gerwen 7 Action C. Monthly Report on PAEC Operations Gressett D. University of Washington Extra Duty Police Services Hwang Agreement E. Amendment to the Interlocal Agreement with the City of Hwang Auburn for Leasing Space for the Puget Sound Auto Theft Task Force F. Ballistic Vest Partnership (BVP) Grant Hwang G. King County Registered Sex Offender Cost Reimbursement Agreement H. Edward Byrne Memorial Justice Assistance Grant (JAG) Program for FY 2017 I. Severe Weather Shelter Update J. After School Funding Committee Members Jesse Johnson, Chair Mark Koppang Martin Moore 1 K:\PRHSPS Committee\2019\09-10-2019 Agenda.doc N/A Update 11 Action 21 Action 25 Action Hwang 29 Action Hwang 41 Action Bridgeford N/A Update Bridgeford N/A Update City staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II 5. EMERGING ISSUES/PENDING ITEMS Topic Title/ Description Presenter Info Time A. EI Centro de la Raza Estela Ortega Introduction 20 mins. B. Homelessness Task Force Recommendation Review Johnson Discussion 10 mins. 6. ADJOURNMENT NEXT REGULAR MEETING: October 8, 2019 Committee Members Jesse Johnson, Chair Mark Koppang Martin Moore 2 K:\PRHSPS Committee\2019\09-10-2019 Agenda.doc City staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant 11 City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday July 9, 2019 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Johnson, Committee members Koppang and Moore Council Members in Attendance: Deputy Mayor Honda Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, Deputy Chief Kyle Sumpter, Commander Kurt Schwan, John Hutton, Parks Director, Steve Ikerd, Parks Deputy Director, Autumn Gressett, Community Relations/Contract Administrator, and Mary Jaenicke, Administrative Assistant II. Guests: None Chair Johnson called the meeting to order at 5:00pm Commission Comment: None Public Comment: Lana Bostic, a 38 year resident of Federal Way spoke about the homeless situation. She stated that there needs to be permanent housing; people will not get clean and sober if they're homeless. Ms. Bostic would like to see more permanent housing and less storage units. BUSINESS ITEMS Approval of Minutes Committee member Koppang motioned to approve the June 11, 2019 minutes as written. Committee member Moore seconded. Motion passed. Monthly Report on PAEC Operations — Information Only Staff Gressett updated the Committee on events that took place at the PAEC for the month of June. The month of June was a little bit slower than previous months; the PAEC was rented / utilized 13 out of 30 days. Staff Gressett reviewed the Theater and event space rentals. The General Manager and staff attended several outside meetings and events. Staff Hutton and Staff Gressett were able to meet with the Regional Director of Spectra to discuss PAEC operations and the upcoming season. The upcoming season announcement will be released on July 15 at 10:00am. It is a media announcement and it is not for the public. A public event will be held at the end of August. There will be approximately 8-10 shows for the upcoming season. Spectra is consistently adding one-off events; at the end of the season they will have had an upwards of 20 shows. Deputy Mayor Honda inquired about the financials, staff Gressett stated that a report on the financials will be given at the FEDRAC meeting. Committee requested to have a month over month report to compare 2018 to 2019. Saehalie Soccer Field Synthetic Turf Replacement Staff Ikerd reported that staff has selected FieldTurf USA, Inc. to replace the synthetic turf at Saghalie. The FieldTurf product has been used at all of the fields and staff feels that they have a better product. Because of the $250,000 grant that was received we are able to upgrade the turf which includes a cushion pad that will increase safety and it comes with a ten year warranty. The FieldTurf cost replacement is estimated at $712,649.91 including tax; adding a 10% contingency, the total cost is not to exceed $783,914.57. Funding sources include a King County Grant and a donation from the Federal Way Soccer Association. The city's share is $483,914.57; there is $600,000 in reserve CIP funds for field replacement. The Federal Way School District (FWSD) through an Interlocal Joint Use Agreement is responsible for half of the replacement cost and they have told city staff that they do not have the funds available at this time and will not know if they will have funds available until the end of July. Staff has given them the option of committing to paying for half of the turf replacement at a later date, or pay the K:\PRHSPS Committee\2019\07-09-2019 Mins.doc 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, July 9, 2019 Summary Page 2 cost for the replacing the turf at Sacajawea when it's due for replacement. Committee member Koppang requested that we get a formal commitment from the FWSD, he would also like to know the CIP funding source for the city's share in the project. Deputy Mayor Honda requested that Council receive a copy of the new Interlocal Agreement. Committee member Moore moved to forward option 1 to the July 16, 2019 consent agenda for approval. Committee member Koppang seconded. Motion passed. Federal Way Soccer Association The Federal Way Soccer Association (FWSA) is donating $50,000 to be used for the replacement of the synthetic turf at Saghalie. Committee member Moore moved to forward option 1 to the July 16, 2019 consent agenda for approval. Committee member Koppang seconded. Motion passed. Deputy Mayor requested that the FWSA be invited to a Council meeting to be recognized for their contribution. Committee member Moore requested that staff research the total amount of money the FWSA has donated to the city. Police Department Pilot Internship Program Commander Schwan reported that the Police Department has created a Pilot Internship Program that will focus on college age and high school students who may be interested in a career in law enforcement. This will give them an experience in the agency and they will be able to learn what the Department is about and what it has to offer. Two college aged students and two high school students aged 16 and over will be invited and the program would occur during the summer months. This will give them the opportunity to create a partnership with the students, and could also be used for future recruitment. The name of the pilot program may be changed from internship to mentorship. Jail Services Contract — Kent City Jail Commander Schwan reported that this contract is similar to the other jail contracts that have previously been presented. The cost of the jail services is approximately $300,000 and will be the primary booking location. Committee member Koppang moved to forward the Jail Services Contract with the Kent City Jail to the July 16, 2019, Council consent agenda for approval. Committee member Moore seconded. Motion passed. 2"d Quarter Public Safety Report Deputy Chief Sumpter provided an overview on the early crime stats for the second quarter. Overall second quarter crime is down 4% from 2 second quarter 2018 to second quarter 2019. There has been a drop in aggravated assault, robbery, auto theft and residential burglary theft; there has been an increase in commercial burglary theft. The average response time in the second quarter is a little bit quicker than the average for all of 2018. Discussion took place on the length of time it is taking for new recruits to go thru the academy; it's currently taking 1.5 years. There are currently two in the academy and three that are waiting to start. There are 134 authorized commissioned positions and 22 of those are not in service due to various reasons. There is the normal attrition and the department is not able to keep up with it in spite of them recruiting and hiring people. Deputy Chief Sumpter also reviewed the crime statistics for the whole state of Washington for 2018. Crime across the state was up 16% from 2017 to 2018. WA State Department of Corrections Master Agreement — Class V Community Restitution Programs Staff Hutton stated that staff has been trying to find a solution to the cleanup of homeless camps. The WA State Department of Corrections (DOC) offers a program that can help with homeless encampment cleanup and the additional needs across multiple city departments. The participants in this program are not inmates, they are people that have been court ordered to pay off a fine or provide community service. Those services include stream enhancement and restoration, carpentry/construction, tree planting, salmon restoration and landscaping. The term of the contract is valid thru June 30, 2022. The city will provide the DOC information on the job site and garbage receptacles, the workers will not cleanup biohazards or PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, July 9, 2019 Summary Page 3 needles; the supervisor is trained to pick up needles. Currently Parks staff is cleaning up one camp a month. Committee member Koppang moved to forward the proposed Agreement to the July 16, 2019 consent agenda for approval. Committee member Moore seconded. Motion passed. COUNCIL DISCUSSION ON EMERGING ISSUES Emergency Shelter Guidelines / Criteria — Discussion Only This item will be discussed at a future meeting. Prioritization of Task Force Recommendations Chair Johnson stated that the goal is for the committee to review the recommendations and adopt some if not all of the recommendations and recommend to the full Council in the fall. The purpose of the discussion for today is to share initial thoughts on the recommendations and then discuss what they would like to move forward so that staff can be invited back to present on the recommendations. Deputy Mayor Honda requested a cost estimate on the recommendations, and where the funding will come from. The four buckets that Chair Johnson has looked at are service providers, law enforcement, funding and zoning. It was suggested to talk to staff Bridgeford, she would know what recommendations would be the most successful. There was a long discussion on the recommendations. Committee member Moore would like a recommendation on street outreach / panhandlers added to the report. Chair Johnson requested that each committee member pick five to ten recommendations on the report and send them to him and he will forward them onto staff Bridgeford. Staff Bridgeford will be asked to present the information at a future meeting. Flag Discussion Committee member Moore stated that a constituent attended a Council meeting and requested that the City display the pride flag; after that request, committee member Moore asked Chair Johnson to add this item to the agenda. He would like the committee to discuss the possibility of Council creating a policy to fly a flag of any kind at City Hall. Committee member Koppang responded that this issue is an important but when taken into consideration the long list of priorities that Council has already asked staff to look into, this is a low priority; he is concerned with the current workload on staff. A long discussion was held and it was decided that this subject will be revisited in January. There were some cities that displayed the pride flag in June, committee member Moore will research the policies of those cities and provide an update at the January PRHSPSC meeting. Cancellation of August Meeting The August meeting has been cancelled NEXT REGULAR MEETING September 10, 2019 ADJOURNMENT Meeting adjourned at 6:58p.m. This Page Left Blank Intentionally COUNCIL MEETING DATE: September 17th, 2019 ITEM #: .................. ...................................................................................._.... .............................. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PORTABLE TOILET SERVICES CONTRACT AMENDMENT POLICY QUESTION: Should the City Council amend the contract by adding compensation with Headquarters Portable Toilet services and authorize the Mayor to execute the contract? COMMITTEE: PRHSPS MEETING DATE: September 10th, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen DEPT.. Parks ............ ................................................... __......................................................_.................................._............................................................................................................................................._.............................._............_...................... Attachments: Contract Amendment Options Considered: Option 1. Award the contract amendment in the amount of $23,000 for Portable Toilet services for total contract amount of $41,750 to Headquarters and authorize the Mayor to execute the contract. Option 2. Do not award the contract amendment and provide staff with direction. MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL: S DIRECTOR APPROVAL: Coi itt e C nil Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the September 17, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Portable Toilet Services Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 7 Clip OF CITY HALL ''` �.�.. Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wvvw cityoffedera vvay corn AMENDMENT NO. 1 TO GOODS AND SERVICES AGREEEMENT FOR PORTABLE TOILETS This Amendment ("Amendment No. I") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Temporary Storage of Washington, Inc., dba Head Quarters a Washington corporation or ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Portable Toilets ("Agreement") dated effective January 18, 2018 as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF CITY HALL 33325 8th Avenue South A�k Federal Way Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederahvay. cam IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: imt Jim Ferrell, Mayor DATE TEMPORARY STORAGE OF WASHINGTON, INC. DBA HEAD QUARTERS: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of AMENDMENT 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 9 -2- 3/2017 CIYY OF A4%� Federal Way EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 88003-6325 (253)835-7000 w,vw+o"ffederatwray corn 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Eighteen Thousand Seven Hundred Fifty and NO/100 Dollars ($18,750.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Forty -One Thousand Seven Hundred Fifty and NO/100 Dollars ($41,750.00). 10 AMENDMENT -3 - 3/2017 COUNCIL MEETING DATE: September 17, 2019 ITEM #: ...... .......... ....... _ ......... ............ ........ .......... ......... _.... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: University of Washington Extra Duty Police Services Agreement POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department enter into an agreement with the University of Washington (UW) for extra duty police services? COMMITTEE: PRHS&PSC MEETING DATE: Sept. 10, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: K le Sumpter, Deputy Chief of Police DEPT: Police Department ................. Attachments: 1. PRHS&PS Memo 2. UW Police Services Agreement Options Considered: 1. Enter into an extra duty police services agreement with UW 2. Do not enter into an agreement. .......... MAYOR'S RECOMMENDATION: 1 Enter into an agreement for extra duty police services with UW MAYOR APPROVAL:�-F^L11161 IRECTOR APPROVAL: • Ini a �J,il/l� �[7 J COMMITTEE RECOMMENDATION: I move to forward the University of Washington extra duty police services agreement to the September 17, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the University of Washington extra duty police services agreement, and authorize the Police Chief to sign such agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 11 . CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 10, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: University of Washington Extra Duty Police Services Agreement Financial Impacts: Costs for this agreement are reimbursed by the University of Washington. Overall there should be no negative impact to City funds or to the police department's operating budget. Background Information: FWPD Officers have been working extra duty for the University of Washington (UW) since 2014. This year UW requested that we complete a Services Agreement. The term of this agreement is August 15, 2019 through December 31, 2021. The University of Washington has agreed to pay an overtime rate of $72.50 per hour for each officer working in 2019. Beginning January 1, 2020, the hourly rates shall be increased by the same percentage of pay increase in the Federal Way Police Guild bargaining agreement with the City. The extra duty hours will be worked for UW Football games. Officers work this job during their off-duty hours, so this does not impact regular police services for the Federal Way Police Department. 12 City of Federal Way EXTRA DUTY POLICE SERVICES AGREEMENT This agreement is made and entered into this V2 day of 2019 by and between the City of Federal Way, Washington (hereafter "City") and Uir 1Tversity of Washington (UW). WHEREAS, the University of Washington operations occur in and around the City of Seattle; WHEREAS, the University of Washington seeks to contract with the City for police related services or assistance to support University of Washington sporting events; and WHEREAS, the City normally has resources available and is able to provide duly commissioned law enforcement officers to provide police related services to the University of Washington subject to the terms and conditions set forth in this Agreement and the approval of the City's Chief of Police or Designee; and WHEREAS, the duly commissioned officers who may provide such service will be assigned to extra duty under this contract during their off-duty hours which will not conflict with their law enforcement obligation to the City; and WHEREAS, the parties intend that the City be reimbursed, as nearly as possible for its cost of providing policing services to the University of Washington and that there shall be neither profit nor subsidy in the rates for such services; and WHEREAS, the parties are authorized to enter into this agreement by virtue of RCW 39.34 and 35.02.225; NOW, THEREFORE, the parties agree as follows: 1. PURPOSE. The purpose of this agreement is for the City to provide the University of Washington with law enforcement services through the Federal Way Police Department (FWPD). It is the intent of all parties that the services provided herein shall be provided in conjunction with the University of Washington's Police Department to provide law enforcement services to support University of Washington. 2. SCOPE OF PERFORMANCE. The City shall provide the University of Washington with extra duty police officer services upon request by the University of Washington Police Department. The parties acknowledge that the number of officers and number of hours requested by the University of Washington may fluctuate depending on the University of Washington needs, and the City's Chief of Police and University of Washington's Chief of Police shall work together to Page 1 of 7 UW — Federal Way PD 13 determine the appropriate staffing level. Service provided by the City will be as generally described below: (a) Number of officers: As requested by the University of Washington subject to the approval of the City's Chief of Police. For planning purposes in the first year of this Agreement, the City's Chief of Police has agreed to no more than 6 officers. (b) Hours and dates to be worked: will vary depending on the dates and times of the University of Washington games. (c) Specific location of service. As requested by the University of Washington, subject to the approval of the City's Chief of Police. The University of Washington requests service at the University of Washington (3939 151h Avenue NE, Seattle, WA.). (d) Duty of Officers: The officers assigned to support the University of Washington in this agreement shall provide law enforcement services for various football games, at the discretion of the City's Chief of Police. Such services shall include but are not limited to addressing issues of safety and security. Service also includes ensuring the safety and security of the patrons, employees, staff and visitors to the University of Washington games. FWPD officers are expected to be at the University of Washington game locations serving as a visual deterrent and liaison to the patrons and employees for a majority of the work shift. These services shall be provided in full uniform and shall be accompanied by a marked or other authorized police vehicle. It is the expectation of the parties that the officers scheduled for a pre- determined shift will be present to complete his/her shifts, except for the following circumstances: agency callback, late call/report from primary employment, family emergency, personal illness, all of which will be considered excused. The officers understand that it is their responsibility to make appropriate notification to FWPD management and attempt to find a replacement for their shifts. (e) The City shall furnish and supply all necessary personnel, supervision, equipment, uniforms, communication equipment, vehicles and supplies necessary to maintain the level of service to be rendered hereunder, and shall pay all salaries and employee benefits and other costs in connection therewith. (f) The City shall maintain all records relating to the administration of Page 2 of 7 UW - Federal Way PD 14 this agreement and staffing for same. 3. ADMINISTRATION OF PERSONNEL. All personnel assigned to the University of Washington shall be employed by the City and governed by the City and FWPD laws, rules, policies and collective bargaining agreements. Recruitment, replacement, and performance of all personnel shall be in accordance with such City laws, rules, policies, and agreement; provided however, that the University of Washington may communicate performance concerns of City personnel to the City. Any assignment or re -assignment of personnel will be at the sole discretion of the City's Chief of Police. 4. CONTRACT TERM. The term of performance of the contract shall be from August 15, 2019 through December 31, 2021. Either party may terminate this Agreement for any reason and at any time when, in its sole discretion, it is in the best interest of the terminating party, by giving one hundred twenty (120) days prior written notice to the other party. 5. COMPENSATION. The University of Washington shall pay the City full reimbursement for all police services furnished under this contract, a fee of $72.50 per hour, per officer; $75.71 per hour, per Corporal; and $94.25 per hour, per Lieutenant in calendar year 2019. On the following holidays the hourly rate shall be $96.67 for officer, $100.94 for Corporal and $125.67 for Lieutenant; January 1 (New Year's Day), July 4 (Independence Day), Thanksgiving Day, the day after Thanksgiving, December 24, December 25 (Christmas Day) and December 31. The hourly rates shall be increased by the same percentage of pay increase in the Federal Way police Guild and Lieutenants bargaining agreements with the City. 6. PAYMENT. The University of Washington shall reimburse the City for law enforcement services described herein pursuant to the all-inclusive payment rate shown above. The City shall invoice The University of Washington on or about the 30th of the month following the service and include detailed service information, including actual service hours. Payment shall be made by a check payable to the City of Federal Way and sent to the City within thirty (30) calendar days after receipt of invoice. Payments will include a processing fee of $10.00 per month. Payments to the City that are received later than thirty (30) days following the invoice dates shall accrue interest at the rate of twelve percent (12%) per annum on the balance due. All payments shall first be applied to the Page 3 of 7 UW - Federal Way PD 15 accrued interest. The University of Washington shall not be financially liable for scheduled law enforcement services which are not actually performed if non-performance occurred because an officer was unable to complete his shift. However, the University of Washington is financially liable for scheduled law enforcement services at the designated hourly minimum in all other circumstances. 7. COORDINATION WITH CHIEF OF POLICE. The UW Chief of Police or designee will be tasked with coordinating all law enforcement efforts along with the City's FWPD officers. It shall be the responsibility of the UW Chief of Police to determine the appropriate coverage, amount of hours, and type of work needed by FWPD officers to support the University of Washington sporting events. The UW Chief of Police will coordinate with the City's Chief of Police as needed, to ensure appropriate levels of law enforcement coverage. 8. DUTY STATUS. Each police officer assigned to work, pursuant to this contract, is subject to call or assignment elsewhere by the City's Chief of Police or the Chief's designee, at any time for emergencies, special assignment, or overtime duty. Extra duty employment shall not infringe or interfere with the officer's primary obligations associated with his or her employment obligations to the City. 9, ADHERENCE TO CITY POLICIES AND PROCEDURES -SCOPE OF WORK Police officers engaged in extra duty employment are obligated to discharge all duties of their office and adhere to the City's police department policies and procedures at all times. Such officers shall obey, uphold and enforce the laws of the City and State of Washington and the Constitutions of the State of Washington and the United States of America at all times. Such officers shall understand that while they are on duty or engaged in extra duty assignment under this contract, they may remain subject to the supervision, direction, and/or discipline by the City, and subject to any applicable collective bargaining agreement in effect with the City. Police officers performing work pursuant to this contract shall only provide law enforcement/peacekeeping services as specified in Section 2(d) of this contract and they are at all times while performing said services subject to the direction and control of the City police department only. 10. NO SPECIAL DUTY TO CONTRACTOR OR OTHERS. Police officers on extra duty assignment have a primary obligation to the City, not the University of Washington. They are expected to discharge all duties of their office while performing pursuant to this contract and are not required to perform any non -law Page 4 of 7 UW - Federal Way PD 16 enforcement/peacelceeping functions for the University of Washington. Furthermore, this contract and performance thereof by City police officers shall not create any special relationship with any person or duties to protect any specific persons from harm or injury including the party signing this contract. The law enforcement/peacelceeping duties to be performed pursuant to this contract are the same in extent and scope as those provided by police officers to every member of the public. 11. NONDISCRIMINATION. The parties shall not discriminate on the basis of race, color, sex, religion, national origin, creed, age or the presence of any sensory, mental or physical handicap. The City and the University of Washington certify that they are Equal Opportunity Employers. 12, INDEPENDENT CONTRACTOR. The City is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship pf employer and employee, or principal and agent, between the University of Washington and the City or any of the City's agents or employees. The City shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by the City pursuant to this Agreement. Nothing in this agreement shall make any empld'�ee of the University of Washington a City employee or any employee of the City a University of Washington employee for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Titles l RCW, or any other rights or privileges accorded City or University of Washington employees by virtue of their employment. 13. INSURANCE COVERAGE. The City shall maintain at all times during the course of this agreement a general liability insurance policy or other comparable coverage with a self-insured retention of no more than $500,000.00 and a policy limit of no less than $5,000,000.00 dollars. 14. LIABILITY AND INDEMNIFICATION. Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees or officers. While providing services hereunder, the acts or omissions of extra duty officers in the course and scope of supporting or otherwise providing services to the University of Washington under this Agreement shall be deemed to be acts or omissions of City employees which shall be the sole responsibility of the City. Each party shall be responsible for its own negligence and that of its employees. Each party shall defend, indemnify and save harmless, the other Page 5 of 7 UW - Federal Way PD 17 party or the other party's officers, employees and agents from any and all costs, claims, judgments or awards of damages, resulting or arising from the acts or omissions of the indemnifying party, its officers or employees arising out of or in connection with the performance of this agreement. This indemnity provision shall survive the expiration or termination of this Agreement. 15. DISPUTE RESOLUTION. In the event of a dispute in the administration of this agreement, the UW Chief of Police or designee shall discuss the dispute with the City's Chief of Police in an attempt to resolve the problem. If the University of Washington and the City are unable to resolve a claim or dispute stemming from this Agreement, the parties agree to participate in non-binding mediation before a third party professional mediator, whose selection will be mutually agreed upon. The cost of mediating the dispute will be borne equally by both parties, and mediation should occur within thirty (30) days of a request by either party to engage in mediation. No claim or suit may be brought until the dispute resolution procedures as set forth in this section have been exhausted. If dispute resolution efforts under this section are not successful, either party may institute legal action to enforce the terms and conditions of this agreement. 16. NOTICES All notices and other material to be delivered under this contract shall be in writing and shall be delivered or mailed to the following address: City of Federal Way 33325 81h Ave. S. Federal Way, WA 98003 Attn: Kyle Sumpter, Deputy Chief kyle.sumpter@cityoffederalway.com University of Washington 3939 15`x` Ave, NE Seattle, WA 98105 Attn: Steve Rittereiser, Major ritters@uw.edu Or such other addresses as either party may, from time to time, designate in writing. 17. SIGNATURES. The parties agree that all signatures, whether original, copy or faxed on this agreement will be considered originals. Page 6 of 7 UW - Federal Way PD 18 18. SEVERABILITY. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. 19. CONFLICTS. In the event of a conflict between any other agreements between the parties including, this Agreement shall govern. 20. ENTIRE AGREEMENT. No modification or amendment of this contract shall be effective unless in writing and signed by authorized representatives of the parties after approval of their respective governing body. This contract contains the entire agreement between the parties and may not be enlarged, modified or altered except in writing signed by the parties. In WITNESS hereof, the parties have executed this Agreement on this date, the day of , 2019. City of Federal Way pp 11 / Date C�i2� o IGli�e �.J Approved as to legal form only: Ryan Call, City Attorney / Date Page 7 of 7 UW - Federal Way PD 19 Universi#y of Washington 0411 a, erim Chief of Police / Date Approved as to legal form only: -~'-University of Washington / Date This Page Left Blank Intentionally 20 i SUBJECT: AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF FEDERAL WAY ESTABLISHING AND MAINTAINING OFFICE SPACE FOR THE PUGET SOUND AUTO THEFT TASK FORCE POLICY QUESTION: Should the City enter into an amended interlocal agreement that reduces the monthly cost of the lease from $5,000.00 to $2,916.66 per month? COMMITTEE: PRHS&PSC CATEGORY: MEETING DATE: 9/10/19 ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Chris Norman DEPT.: Police Department .................................................................................................................................................................................................................................................................................................................................................................................._..__. Attachments: 1. PRHS&PSC Staff Memo 2. Amended Interlocal Agreement Options Considered: 1. Accept the amendment. 2. Reject the recommendation to accept the amendment. .................. --- .................................... ..... ..................... .... MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL• DIRECTOR APPROVAL: t CA; C.' tree Counci Initial ate o • InitiaMate InitialIDate COMMITTEE RECOMMENDATION: I move to forward the proposed amended interlocal agreement to the September 17, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the amended interlocal agreement with an effective date of July 1, 2019 and authorize Mayor Ferrell to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 21 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 17, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Amended Interlocal Agreement with City of Auburn to Reduce Costs of Leased Space for PSATT Operations. Financial Impacts: There is no financial impact to the City of Federal Way or the Federal Way Police Departments budget. The lease agreement costs are covered by Washington Auto Theft prevention Authority (WATPA) Grants. Backitround The Federal Way Police Department (FWPD) is the lead administrative agency of the Puget Sound Auto Theft Task Force (PSATT). The task force, 11 detectives and 2 sergeants, are housed in office space leased from the City of Auburn. PSATT is grant funded by the Washington Auto Theft Prevention Authority (WATPA). Due to a shortfall in the 2019-2021 grant funding award Federal Way asked Auburn to reduce the cost of the office space. Auburn agreed to reduce the monthly cost for rent and utilities from $5,000.00 per month to $2,916.66 per month and drafted the attached amended interlocal establishing the new rates. Staff Recommendation The rate reduction provided in the amendment reduces the cost by $50,000 over the two-year grant cycle which allows PSATT to continuing using the office space. Staff recommends the amendment is accepted and approved. 22 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF FEDERAL WAY ESTABLISHING AND MAINTAINING OFFICE SPACE FOR THE PUGET SOUND AUTO THEFT TASK -FORCE THIS AMENDMENT TO THE INTERLOCAL AGREEMENT ("Agreement") is made and entered into this day of , 2019, between the CITY OF AUBURN, a municipal corporation of the State of Washington ( "Auburn"), and the CITY OF FEDERAL WAY ( "Federal Way") ("Parties"). RECITALS: A. Federal Way is the Lead Administrative Agency for the Puget Sound Auto Theft Task -Force (PSATT), established through an Interlocal agreement, adopted by Auburn City Council under Resolution 5303 between the cities of Federal Way, Auburn, Bonney lake, Lakewood, Tacoma, and Tukwila, the Washington State Patrol, the Pierce County Sheriff's Office, the King County Prosecutor's Office, and the Pierce County Prosecutor's Office, to combat automobile theft in the Puget Sound area through coordinated law enforcement; and B. As the Lead Administrative Agency, Federal Way is authorized to expend Washington Auto Theft Prevention Authority grant funds for eligible expenses associated with the operation of the PSATT, including the leasing of office space for the operations of the PSATT; and C. On November 6th, 2017 the Parties entered into an Agreement adopted by Auburn City Council under Resolution 5324 for the establishment of office and vehicle parking space; and WHEREAS, Federal Way has notified the City that the grant amount has been reduced for the next funding cycle, and has asked the City to reduce the cost of the facility; and WHEREAS, The City of Auburn believes it to be in the best interest of the public to amend the Agreement. AGREEMENT: 1. Section 3 is amended by adding a new section F to read as follows: F. For the grant cycle beginning July 1, 2019 and ending June 30, 2021, Federal Way agrees to pay a total of Two Thousand, Nine Hundred Sixteen Dollars and Sixty -Six Cents ($2,916.66) per month for base rent and utilities. 2. Section 8 is amended by adding a new section J. Execution in Counterpart to read as follows: J. Execution in Counterpart. This Agreement may be executed in any number of counterparts, each of which deemed to be an original against any party whose signature appears thereon, and all of which together constitute one and the same instrument. This Agreement will become First Amendment to Interlocal Agreement between City of Auburn and the City of Federal Way Original Agreement for Office and Parking space under Resolution 5324 Page 1 23 binding when one or more counterparts, individually or taken together bear the signatures of the parties reflected hereon as the signatories. ALL OTHER TERMS AND CONDITIONS AGREED TO IN THE AGREEMENT INCLUDING THE TERMINATION PROVISON IDENTIFIED IN PARAGRAPH TWO SHALL REMAIN THE SAME. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF AUBURN Nancy Backus, Auburn Mayor Attest: Shawn Campbell, MMC, City Clerk Approved as to form: Steven L. Gross, Auburn City Attorney CITY OF FEDERAL WAY Jim Ferrell, Federal Way Mayor Attest: Stephanie Courtney, Federal Way City Clerk Approved as to form: J. Ryan Call, Federal Way City Attorney First Amendment to Interlocal Agreement between City of Auburn and the City of Federal Way Original Agreement for Office and Parking space under Resolution 5324 Page 2 24 SUBJECT: Ballistic Vest Partnership (BVP) Grant. POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department apply for the 2019 Ballistic Vest Partnership (BVP) Grant; and, if awarded, accept the Grant with matching City funds? COMMITTEE: PRHS&PSC MEETING DATE: Sept. 10, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: K. Gregory, Quartermaster/L. Allen, Office Mgr DEPT: Police Department 11..1....1 . ............... .......111.1.......................... ..... ........ ........... ._ .................1................1..11. Attachments: 1. PRHS&PS Memo 2. Letter to the Chief Options Considered: 1. Approve the Federal Way Police Department application for the 2019 BVP Grant, and acceptance of the Grant if awarded. 2. Deny Application .................................................................................... _.._.............................................................................................................._........................................................._._..........................._............................_._..............................................................................._...........__......................................... _....... _............... _............. .. MAYOR'S RECOMMENDATION: 1 Approve the 2018 BVP Grant MAYOR APPROVAL: DIRECTOR APPROVAL: "y C�j � C nmit e bun Initial COMMITTEE RECOMMENDATION: 1 move to forward the 2019 Ballistic Vest Partnership (BVP) Grant application and acceptance request to the September 17, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2019 Ballistic Vest Partnership (BVP) Grant application with matching City funds, and authorize the Police Chief to sign such Agreement if awarded. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ "TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 25 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 10, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: 2019 Ballistic Vest Partnership (BVP) Grant Funds. The Federal Way Police Department has a ballistic vest mandatory wear policy for all officers. As the vests expire (every 5 years), the department purchases replacement vests. By 6/1/2021, it is estimated that the Federal Way Police Department will need to purchase 65 ballistic vests. Each vest will cost approximately $1200.00. The total cost to the City of Federal Way is estimated to be $78,000.00. The purpose of the Bulletproof Vest Partnership (BVP) Program is to reimburse up to 50% of the cost of body armor vests purchased for law enforcement officers. The 2019 BVP award amount will be announced and available in the 3rd quarter of 2019. Awarded funds will expire on 8/31/2021; City matching funds will be taken from the Police Uniform budget (001-2100-111-521-21-330). The Federal Way Police Department is seeking approval to apply for the Ballistic Vest Partnership Grant during the 2019 application period and that matching funds be set aside if awarded. M. IV CITY OF FEDERAL WAY Federal Way Police Department MEMORANDUM To: Andy J. Hwang, Chief of Police From: Kristen Gregory, Quartermaster Date: July 26, 2019 Subject: Recommendation for 2018 Ballistic Vest Program Grant application The Federal Way Police Department has a ballistic vest mandatory wear policy for all officers. As the vests expire (every 5 years), the department purchases replacement vests. By 6/1/2021, it is estimated that the Federal Way Police Department will need to purchase 65 ballistic vests. Each vest will cost approximately $1200.00. The total cost to the City of Federal Way is estimated to be $78,000.00. The purpose of the Bulletproof Vest Partnership (BVP) Program is to reimburse up to 50% of the cost of body armor vests purchased for law enforcement officers. The 2019 BVP award amount will be announced and available in the 3rd quarter of 2019. Awarded funds will expire on 8/31/2021; City matching funds will be taken from the Police Uniform budget (001-2100-111-521-21-330). I am seeking approval to accept and set aside 2019 Ballistic Vest Partnership matching funds if awarded by the Department of Justice. 27 This Page Left Blank Intentionally COUNCIL MEETING DATE: September 17, 2019 ITEM #: .................................................................................................................................................................................................................................................._._._..................-...........................- -........................_._..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KING COUNTY REGISTERED SEX OFFENDER COST REIMBURSEMENT AGREEMENT POLICY QUESTION: Should the City Of Federal Way /Federal Way Police Department accept the Registered Sex Offender (RSO) Overtime Cost Reimbursement Agreement from the King County Sheriff's Offtce (KCSO)? COMMITTEE: PRHS&PSC MEETING DATE: Sept. 10, 2019 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY1 Lynette.Al.len, Chief's Office Manager _._..._..............._DEPT:...Police..._.........._........_._............_........._.._........._..._...._..__._..._......._. Attachments: 1. PRHS&PS Staff Memo 2. KCSO Cost Reimbursement Agreement Options Considered: 1. Accept the KCSO RSO Overtime Cost Reimbursement Agreement 2. Reject the KCSO RSO Cost Overtime Reimbursement Agreement MAYOR'S RECOMMENDATION: 1. Accept the KCSO RSO Overtime Cost Reimbursement Agreement . MAYOR APPROVAL•DIRECTOR APPROVAL: r ,.�115Initial COMMITTEE RECOMMENDATION: "I move to forward the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriff's Office to the September 17, 2019 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriffs Office and authorize the Chief of Police to execute said Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNT IL BILL # ❑ I reading DENIED ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 29 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 10, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: King County Sheriff's Office (KCSO), Registered Sex Offender (RSO) Cost Reimbursement Agreement Financial Impacts: Overall, there should be no negative impact to the City funds or to the police department's operating budget. The revenue to the City for the King County Sheriff's Office (KCSO) Registered Sex Offender (RSO) Cost Reimbursement Agreement will be up to a maximum amount of $19,020.11 for officer overtime reimbursement. The overtime our officer(s) work will be billed to KCSO for the Police Department in account number 001-0000-090-337-07-004. Background Information: The Federal Way Police Department (FWPD) will receive grant funding from the King County Sheriff's Department in support of the Federal Way Police Department's Registered Sex Offender and Kidnapping Offender Address and Residency Verification Program. The grant is for reimbursement of overtime expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders, up to a maximum amount of $19,020.11. FWPD will be partnering with the King County Government in implementing multiple program elements to ensure that sex offenders are in compliance under the guidelines of current laws. A strong enforcement effort to apprehend and prosecute offenders will help improve the quality of life for our citizens. We have been participating in the King County RSO Grant Funding since at least 2009. 1 30 Cost Reimbursement Agreement Executed By King County Sheriff s Office, a department of King County, hereinafter referred to as "KCSO," Department Authorized Representative: Mitzi Johanknecht, Sheriff King County Sheriff's Office W-150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Federal Way Police Department, a department of the City of Federal Way, hereinafter referred to as ""Contractor," Department Authorized Representative: Andy Hwang, Chief of Police 33325 8 Avenue South Federal Way, Washington 98003 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders; and WHEREAS, the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE, the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated 31 Cost Reimbursement Agreement with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eleven (11) Articles: ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1, 2019 and shall end on June 30, 2020 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face-to-face verification of a registered sex and kidnapping offender's address at the place of residency. In the case of level I offenders, once every twelve months. of level II offenders, once every six months. of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant -related expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is the Offender Watch generated "Registered Sex Offender Verification Request (WA)" that the sex or kidnapping offender completes and signs during a face-to-face contact. "Exhibit B" is an "Officer Contact Worksheet" completed in full by an officer/detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2019. Quarterly progress reports shall be delivered to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM -SO -0200 Seattle, WA 98104 Page 2 of 6 August 11, 2019 32 Cost Reimbursement Agreement Phone: 206-263-2122 Email: tina.keller@kingcounty.gov ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCSO by the 10th of the month following the billing period. Please note the following terms will be adhered to for the 2019-2020 Registered Sex Offender Address Verification Program: Any agency not meeting at least 90% of required verifications will not receive that quarter's grant payment. Any agency not using Offender Watch to track verifications will not receive that quarter's grant payment. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual's' time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed, that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods; and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Page 3 of 6 August 11, 2019 33 Cost Reimbursement Agreement Any non -overtime related expenditures must be pre -approved by KCSO. Your request for pre -approval must include: 1) The item you would like to purchase, 2) The purpose of the item, 3) The cost of the item you would like to purchase. You may send this request for pre -approval in email format. Requests for reimbursement from KCSO for the above non -overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor's invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. Requests for reimbursement must be sent to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 Seattle, WA 98104 Phone: 206-263-2122 Email: tina.keller@kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Nineteen Thousand Twenty Dollars and Eleven Cents ($19,020.11). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2020 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C" is a "Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony "Failure to Register as a Sex Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating circumstances the witness is incapable of writing out their own statement, the contacting officer/detective will have the witness write and sign the statement in their own handwriting to contain, verbatim, the information on the witness form. ARTICLE VI. FILING NON -DISCOVERABLE FACE SHEET "Exhibit D" is the "Filing Non -Discoverable Face Sheet." This form shall be attached to each "Felony Failure to Register as a Sex Offender" case that is referred to the King County Prosecuting Attorney's Office. ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING Page 4 of 6 August 11, 2019 34 Cost Reimbursement Agreement Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Overtime - To meet this grant condition, you must ensure that: Overtime exceeds expenditures that the grantee is obligated or funded to pay for registered sex and kidnapping offender address and residency verification in the current budget. Funds currently allocated to pay for registered sex and kidnapping offender address and residency verification overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant. ARTICLE VIII. HOLD HARMLESSANDEMNIFICATION Contractor shall protect, defend, indemnify, and save harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of Contractor, its officers, employees, contractors, and/or agents related to Contractor's activities under this Agreement. Contractor agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by, or on behalf of any of its employees or agents. For this purpose, Contractor, by mutual negotiation, hereby waives, as respects King County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event King County incurs any judgment, award, and/or cost arising therefrom including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from Contractor. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE IX. INSURANCE Contractor shall maintain insurance policies, or programs of self-insurance, sufficient to respond to all of its liability exposures under this Agreement. The insurance or self-insurance programs maintained by the Contractor engaged in work contemplated in this Agreement shall respond to claims within the following coverage types and amounts: General Liability. Coverage shall be at least as broad as Insurance Services Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY. $5,000,000 combined single limit per occurrence, and for those policies with aggregate limits, a $5,000,000 aggregate limit. King County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the City. Additional Insured status shall include Products -Completed Operations -CG 20 10 11/85 or its equivalent. Pags�of 6 August 11, 2019 Cost Reimbursement Agreement By requiring such liability coverage as specified in this Article IX, King County has not, and shall not be deemed to have, assessed the risks that may be applicable to Contractor. Contractor shall assess its own risks and, if deemed appropriate and/or prudent, maintain greater limits or broader coverage than is herein specified. Contractor agrees to maintain, through its insurance policies, self-funded program or an alternative risk of loss financing program, coverage for all of its liability exposures for the duration of this Agreement. Contractor agrees to provide KCSO with at least thirty (30) days prior written notice of any material change or alternative risk of loss financing program. ARTICLE X. NO THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this agreement. This agreement shall not impart any right enforceable by any person or entity that is not a party hereto. ARTICLE XI. AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. Federal Way Police Department Andy Hwang, Chief of Police Date KING COUNTY SHERIFF'S OFFICE Mitzi Johanknecht, Sheriff Date PagAof 6 August 11, 2019 Vx K MIT he Page: 1 Verification Request Agency: King County WA Sheriffs Office Administrator: King County Sheriffs Office RSCPhone: (206)263-2120 Date: 6/16/2016 Offender Information Name test , test Registration # 2353765 POB SSN DOB 01/01/1990 Age 26 Alt Reg # Sex Orient Drv. Lic./State Race Nat. No Selection FBI Height Hair State ID Weight Eyes Last Verified: Risk Type Comm. Date Offender Photo PHOTO NOT AVAILABLE Active Officer Alert LOOK HERE FOR OFFICER SAFETY INFORMATION Employment/School Name Address Supervisor Phone Residence (Bold - Primary Home Address) Street Alias Phone (Bold - Primary Contact Numbers) Scars/Tattoos Number Type Description Location Type Description Vehicle Make Model Color Year License State VIN Comments Offense Date RS Code/Description Convicted Released Case # Crime Details I do hereby attest, under penalties of perjury, that any and all information contained here is current and accurate on this day of 20 Offender Signature: Officer Signature: Date: Produced by OffenderWatch - www.watchsystems.com 37 _. II m F O a W � W a a a N ww z ww QH Q� QH w � a OA z C�-+AaO QH Q� QH �O V � w A V N W z �A O O w w � � z z a � Z x W a wcnwww ❑ a ❑ W O wawaw a w A w � w O�OWO � V1 m F O W � W a a a ww ww ww QH Q� QH w a a z z QH Q� QH m F O z w � w z O w �A O � � z oQuj Ho ❑ a ❑ El ❑ � V1 a O Q 'off W Q w w z WQ F� C) z w QoO0 z¢xz U H 0mzzu EXHIBIT C Date Suspect's Name: Agency/Officer Incident number Witness Statement — Failure to Register Suspect's Last Registered Address: Witness' Name: Witness's Home Address: Witness' Home Phone Number Cell: Other: How do they know the suspect (please be as detailed as possible)? *If suspect rented an apartment or a room from the witness, please have them provide a copy of any documentations to this effect and any documentations the suspect moved out. Did the witness ever see the suspect at his/her last registered address? How often would they see him/her there? When did the witness start seeing him/her there? When did they stop? Why did the suspect stop staying at the address? Did the suspect keep any personal belongings there? In general, when is the last time they saw the suspect ? Do they know where the suspect moved to or their current whereabouts? Can they provide the names and contact information of any other witnesses who would have seen the suspect staying at his/her last registered address? Is the witness willing to assist in prosecution? Under penalty of perjury of the laws of the State of Washington, I certify that the foregoing is true and correct. Witness' Signature 39 date EXHIBIT D WASPC GRANT FILING NON -DISCOVERABLE TO: KCPAO —Special Assault Unit— Seattle DATE: FROM: INCIDENT #: AGENCY: SUSPECT #1: DOB: RACE: SEX: M ❑ F❑ HGT: WGT: SUSP #1 ADDRESS: CHARGE: Failure to Register as a Sex Offender DATE OF CRIME: VICTIM #1: State of Washington DOB: VICTIM #2: DOB: INTERVIEWED BY: NO ONE DPA NAME: TYPE OF CASE: FTR - Failure To Register OTHER TYPE: THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS I I I FILING OF CHARGES: - Comments: I DECLINE: - Comments: WASPC STATISTICAL REPORTING TO KCSO Case Referral Received by KCPAO on this date: Case filed by KCPAO: YES ❑ NO ❑ Cause Number Assigned: If no, please indicate why: Other Explanation: M COUNCIL MEETING DATE: September 17, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FY 2017 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the Edward Byrne Memorial Justice Assistance Grant (JAG) Grant for FY 2017? Acceptance of grant requires no matching funds. COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE — (PRHS&PSC) September 10, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DIANE C. SHINES, CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. PRHS & PS Staff Report 2. Resubmittal Cover Letter 3. Grantee Certifications and Assurances 4. JAG 2017 Grant Award 5. JAG 2017 Budget Worksheet Options Considered: 1. Accept the FY 2017 JAG Grant 2. Reiect the FY 2017 JAG Grant MAYOR'S RECOMMENDAWON: Option 1. MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: Initial Date COMMITTEE RECOMMENDATION: I move to forward the FY 2017 JAG Grant to the September 17, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the FY 2017 JAG Grant 41 (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # 41 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 10, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Financial Impacts: Funds are requested to provide temporary support personnel in the Information Technology Department to support GIS improvement for address verification and enhanced GIS mapping. The salary is based upon an average hourly rate of $18 per hour and 1907 hours worked. Background The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. 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. The City of Seattle is identified as the Fiscal Agent, submitting the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions. The City of Seattle ("City") is resubmitting its Grant Award Document and Certifications Document for the Fiscal Year (FY) 2017 Byrne Justice Assistance Grant (JAG) Award per the guidance provided by the Department of Justice ("DOJ"), but continues its strong objection to certain conditions, specifically Paragraph 7 of the Certifications and Assurances by the Chief Executive regarding the compliance with 8 U.S.C. § 1373 and conditions 52 through 56. The DOJ's authority to require compliance with Award Conditions 52 through 56 in FY 2017 JAG awards is the subject of pending litigation. DOJ has determined that it will not use or enforce those conditions in FY 2017 JAG awards to the ("City"). Proposal The Department proposes to use its share of the grant to fund temporary IT support staff. The JAG Program allows for investment in technology and equipment improvements to enhance efficiencies, and service to the Community through the Police Department. Staffing levels in the Information Technology Department have fallen short of expectations, delaying much needed upgrades and enhancements to law enforcement programs, specifically GIS systems. The lack of upgrades/enhancements have resulted in significant staff hours scrubbing data and utilizing time consuming verification processes to produce critical data needed for regional information sharing. IT Support personnel will serve to support a number of planned technology improvements in 2018; to include; enhanced geographical verification, improved validity of crime data, increase mapping capability, and improve necessary infrastructure upgrades to support a number of data sharing and data driven analysis initiatives. Deliverables include increased accuracy of real-time incidents that are being traced and reported into regional databases to combat gun violence, violent gangs, and support collaborative data driven prosecution. Specific projects are described in the attached financial and narrative summary document. Project Award: $34,331. 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. The Federal Way Police Department and Information Technology Department will provide a project management matrix that identifies the scope of work, timelines, target dates, and milestones. 2 City of Seattle Mayor Jenny A. Durkan May 9, 2019 Mr. Matt Dummermuth Principal Deputy Assistant Attorney General U.S. Department of Justice Bureau of Justice Assistance/Office of Justice Assistance 810 Seventh Street, NW Washington, DC 20531s RE: FY 2017 Byrne JAG Award #2017 -DJ -BX -0496 Dear Mr. Dummermuth, The City of Seattle ("City") is resubmitting its Grant Award Document and Certifications Document for the FY 2017 Byrne Justice Assistance Grant (JAG) Award per the guidance provided by the Department of Justice ("DOJ"). In so doing, the City accepts this award but rejects certain conditions, as outlined below. The City continues to maintain its strong objection to certain conditions, specifically Paragraph 7 of the Certifications and Assurances by the Chief Executive regarding compliance with 8 U.S.C. § 1373 and Conditions 52 through 56, inclusive in the Grant Award and Special Conditions document. Although the City has not modified or crossed out the Special Conditions 52 through 56, please note the prominent disclaimer the City has appended to the text of these documents. Nothing in Seattle's acceptance of this award shall be construed as a certification of compliance with Paragraph 7 of the certification document or as an acceptance of Award Special Conditions 52, 53, 54, 55, or 56 in the Grant Award and Special Conditions documents. Without waiving any other arguments, claims, or defenses, the City asserts the Special Conditions placed upon the award and disbursement of rY 2017 JAG funds are unlawful, unconstitutional, unenforceable, and ultra vires. Please do not hesitate to contact me at (206) 684-5452 or via email at Michelle .Chen @Seattle.gov, if you have any questions. Sincerely, ichelle S. Chen Legal Counsel, Mayor of Seattle cc: Pete Holmes, Seattle City Attorney Kenny Pittman, Office of Intergovernmental Relations office of the Mayor 1600 Fourth Avenue, P.O. Box 94749, Seattle_, WA 98124 1 206-684-4000 1 seattle.gov/mayor 44 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2017 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY 2017 Edward Byrne Justice Assistance Grant ("JAG') Program, and further to 34 U.S.C. § 10153(a . I initial certify to the Office of Justice Programs ("OJP"), U.S. Department of Justice (°USDOJ"), that all of the following are true and correct: 1. 1 am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. 1 certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant 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. 3. 1 assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. 1 assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public, and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure made such an opportunityavailabie. 5. 1 assure that, for each fiscal year of the award (if any) that OJP makes based on the application described initial above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. 1 have carefully reviewed 34 U.S.C. § 10153(a)(5) sand, with respect to the programs to be funded by the initial award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. 7. 1 have fication entitled "State or Local Government: FY 2017 Certifi ' e wim o U.S.C. § 1373* ecuted by the chis a wi respect to the FY 2017 JAG program an su itted in su ion described a ov t I have no reason to initial b a ion to6 a fats or othe ncorrect. 1 f"2`,�. Signat f Chiefi=�tecjivve of the Applicant Unit of Date of� erti ation Local o rnment Je A. Durkan Mayor Printed Name of Chief Executive Title of Chief Executive City of Seattle, Washington Name of Applicant Unit of Local Government *Acceptance of Byrne -JAG 2017 funds by Plaintiffs New York, Connecticut, New Jersey, Rhode Island, Washington, and the Commonwealths of Massachusetts and Virginia—and by the politica? subdivisions of Plaintiff states—shall not be construed as acceptance of Special Conditions $$52-56. Nor shall these initial conditions be enforced against these grantees given Judge Ramos`s ruling in New York er al., v. U.S. Department oflusticeetal.; 18 Civ. 6471 (EP) (ECF 114 and 122) (S.D.N.Y.) where these disputed conditions were enjoined for the reasons stated therein, including that 8 U.S.C. § 1373 was unconstitutional and not within the purview of "all applicable Iaws"' as referenced in 34 U.S.C. § 10153(x). Rev. August 10, 2078 45 U.S. Department of.lustice - 1 _f Office of Justice Programs Office of the Assistant Attorney General Wwhingion, D.C. 20531 October 10, 2018 The Honorable Ed Murray City of Seattle 700 5th Avenue, Suite 5800 Seattle, WA 98124-4708 Dear Mayor Murray: On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Locai Solicitation in the amount of $657,975 for City of Seattle. 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, Matt Dummermuth Principal Deputy Assistant Attorney General Enclosures 46 OFFICE FOR CIVIL RIGHTS �' Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.*.usdoj.gov/ocr OCR Letter to All Recipients October 10, 2018 The Honorable Ed Murray City of Seattle 700 5th Avenue, Suite 5800 Seattle, WA 98124-4708 Dear Mayor Murray: 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 (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization tneet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of agc in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Wonten Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OV W have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at https://ojp.gov/aboutiocr/vawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the numbcr of etnployees ir, the workforce, are subject to prohibitions against unlawful discrimination,. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the 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 opportunity standards. 47 Providing Services to Limited Eaghsk Proficiency (LEP) Individuals In accordance with DOJ 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). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website haps:/./wwvr.Lp.gov. Ensuring Equal Treatment of Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016. prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, cdacational institutions, houses of worship, or faith -based organizations. from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non -funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in thein. The regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith -based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith -based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https://ojp.gov/abcut/ocr/pwtnerships.htin. SAAB and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 2011 0(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, tl,e DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an Wvisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration gfArrest and Conviction Records in Employment Decisions Under Title V11 of the Civil Rights Act of 1964 (lune 2013), available at httpsl/ojp.gov/about/ocr/pdfs/UseofConviction_Adviscry.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. if warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EFOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an ESOP (see 28 C.F.R. pt. 42. subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). 48 Meeting the EEOP Requirement An ESOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of DOJ funding, you may he required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see hitps://ojp.gov/aboutioer/eeop.him. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EE0Pf0rms@u-doj.gov. Meeting the Requirement to Submit Findings of Discrimination Ifin the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipieats SAAB must have standard assurances to notify subrecipierns of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipientc' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SARs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see https://ojp.gov/funding/Explore/StatcMethodsAdmin-FY2017update.htm. if the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, Michael L_ Alston Director cc: Grant Manager Financial Analyst 49 U.S, Department of Justice Office of Justice Programs ,r ? Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Coda) City of Seattle 700 54 Avenue, Suite 59DO Seattle, WA 98124-4705 PAGE I OF 21 Grant 1 4. AWARD NUMBER: 2017 -DJ -BX -0496 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM !0/01/2016 TO 09/302020 1010112016 TO 09/30/2020 6. AWARD DATE 10/1012018 7. ACTION 2a. GRANTEE IRS/VENDOR NO. S. SUPPLEMENT NUMBER Initial 916001303 o0 2b. GRANTEE DUNS NO. 1-- - 7"597814 9. PREVIOUS AWARD AMOUNT so 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $657.975 FY 2017 Edward Byrne Memorial Justice Assima-ace (JAG) Graaf _ Formula Progmrn I1. TOTAL AWARD $657,975 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 FYI7(BJA -JAG State and JAG Local) Title 1 of Pub. L. No. 90-351 (gmvmfly codiftcd at 42 U.S.C. 3 7 11 -3 79111-5), including subpart I of port E (codified at 42 U.S.C. 3730 - 3758); see also 28 U.S.C. 530C(a). 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Numbar) 16.739 - Edt�ad Byrne Memorial Justice Assistance Grant PrugraIa 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Matt Dummormulk Principal Deputy Assistant Attorney Genera: 17. SIGNATURE OF APPROVING OFFICIAL �— GRANTEE ACCEPTANCE 19. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL :.d I �dtla`i Mayor �J 19. SICa'NA E AVTHO I RECIPIENT OFFICIAL 39A. DATE AGENCY USE ONLY - 20. ACCOUNTING CLASSIFICATION CODES _ 21. SDJUGTOW7 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT I X B DJ So 00 DO 657975 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. *Acceptance of Byrne -JAG 2017 funds by Plaintiffs New York, Connecticut, New Jersey, Rhode Island. Washington. and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions of OJP FORM 4DW/2 (REV. 4-88) Plaintiff states—shall not be construed as acceptance of Special Conditions 1152-56. Nor shall these conditions be enforced against these grantees given Judge Rammos's ruling in New York et at.. v. U.S.. Department of Justice et al., 18 Civ. 6471 (ER) (ECF 114 and 122) (S.D.N.Y.) where these disputed conditions were enjoined for the reasons stated therein.. including that 8 U.S.C. § 1373 was unconstitutional and not within the purview of 'all applicable laws" as referenced in 34 U.S.C. § 10153(a). 50 initial initis initial U.S. Department of Justice Office of Justice Programs ,= Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 2 OF 21 Grant I PROJECT NUMBER 2017 -DJ -BX -0496 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 1. Requirements of the award, remedies for moll -compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any cetlifncations or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period — may result in the Office of Justice Programs ("OJP") taking appropriate action xith respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 42 U.S.C. 3795a), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shat] first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Pari 200 Uniform Requirements") apply to this FY 2017 award from OJP. The Pati 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2017 award supplements fonds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that aA and number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2017 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2OOUniforyrRequirernents.htm. In the event that an award -related question atises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 3. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the ON website (currently, the "2015 DOJ Grants Financial Guide" available at haps://ojp.gov/ftnanciaiguide/DOJ/index.hmt), including any updated version that may be posted during the period of performance. OJP FORM 40000 (REV. 4-98) 51 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION ' Bureau of Justice Assistance SHEET PAGE 3 of 21 Grant i PROJECT NUMBER 2017 -Di -BX -0496 AWARD DATE 1 0/1012019 I SPECIAL CONDITIONS 4. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or atter January 1, 2016, will satisfy this condition. A list of OJP trainings that 01P will consider "OJP financial management and grant administration training' for purposes of this condition is available at https://www.ojp.gov/training/fTnts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipients failure to comply also may lead OJP to impose additional appropriate conditions on this award. 5. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rale, must advise 01P in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 6. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance; for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. if so, the recipient must promptly notify the DOJ awarding agency (Olr or O V W, as appropriate) in writing of the potential duplication, and, if so requested by the DQJ awarding agency, must seek a budget -modification or change -of -project -scope grant adiustment notice (GAN) to eliminate any inappropriate duplication of funding. QIP FORM 4000." (REV. 4-38) 52 initial U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant PROJECTTNMBER 2017 -DJ -BX -0416 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 7. Requirements related to System for Award Management and Universal Identifier Requirements PAGE 4 OF 21 The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.vam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of infonnation in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrec:ipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/F-xplore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements — OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 9. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to tae a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that— for purposes of federal grants administrative requirements — OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to rule a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov,funding/Explore/NoncoinpctitiveProcurement.htTn (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. OJP FORM 40002 (REV. 4-99) 53 " U.S. Department of Justice w Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE s OF 21 W�,_o Grant j PROJECTNL7t1BER 2017 -DI -BY -04% AWARD DATE 1M10/20t8 SPECIAL CONDITIONS 10. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) I ` The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient I The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at haps://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htrr4 (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP j authority to terminate award)), and are incorporated by reference here. i I 11. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and i other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. i Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaw•ard Requirements" in the "2015 DOJ Grants Financial Guide"). i 12. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. ! The data must be provided to ON in the manner (including within the timeframes) specified by ON in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of2010, and other applicable laws. 13. OJP Training Guiding Principles i Any training or training materials that the recipient --or any subrecipicnt ("subgrantoe") at any tier -- develops or delivers with OJP award funds mast adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/ojptrainingguidingprinciples.htm. i I( 14. Et%d of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. j 15. Potential imposition of additional requirement i The recipient agrees to comply with any additional requirements that may be imposed by DOJ awarding agency 5 (OJP or OV W, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. ON FORM 40ON2 (REV. 4-88) 54 initial U.S. Department of Justice i Office of Justice Programs AWARD CONTINUATION ' Bureau of Justice Assistance SHEET PAGE 6 OF 21 Grant i I � PROIFCTNUMBER 2017 -DI -BX -0496 AWARD DATE 10/W2018 i SPECIAL CONDITIONS 16. Compliancewith DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 17. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrocipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, a. well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://w,Nvw.ecfr.gov/cgi- bin/ECFR^page—browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under a -CFR "current" data. 19. Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See l8 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S,C, 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. OJP FORM 40M (REN'. 4-88) 55 <�V_ - Or—illitial U.S. Deparmxw of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 7 Of 21 V Grant 1 PROJECT NUMBER 2017-DJ-BX-0996 AWARD DATE 10/102018 SPECIAL CONDITIONS 20. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2017) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriation.- statutes. Pertinent restriction`, including from various "general provisions" in the Consolidated Appropriations Act, 2017, are set out at https:/Iojp.gov/funding/Explore/FY 17AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OR for guidance, and may not proceed without the express prior written approval of OJP. 21. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates 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. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG bv— (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 2&530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at hitps://oig.jwtice.gov/hotline. OJP FORM 4000/2 (REV. 4-88) 6V ` initial U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT N'U1v10ER 2017 -DJ -M-049( AWARD CONTINUATION SHEET Grant AWARD DATE 10/1W2018 SPECIAL CONDITIONS 22. Restrictions and certifications regarding non -disclosure agreements and related matters PAGE 8 OF 21 No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds carder this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns oris notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud. or abuse as described above, it will immediately stop any further obligations of award furnds, will provide prompt written notification to the federal agency making this award, and will resurne (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both— a. it represents that— (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has trade appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its emplovees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 400W2 (REV. 4-88) 57 IZIU initial U.S. Department of justice Office of Justice Programs AWARD CONTINUATION ' Bureau of Justice Assistance SHEET r s Grant i PROJECT NUMBER 2017 -DJ -BX -0496 AWARD DATE 1000/2018 SPECIAL CONDITIONS 23. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) PAGE 9 OF 21 The recipient (and any subrecipient at any tier) must comply with, and i8 subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 24. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DO] encourages recipients and subrecipients ("subgrantee:") to adopt mid enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 25. Cooperating with OJP Monitoring The recipient agrees to cooperate with ON monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for ON to complete its monitoring tasks, including documentation related to any subawsrds made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJ?s monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOI High Risk grantee; or termination of an award(s). 26. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subreeipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at hitps:/1ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subaward-s and Executive Compensation), and are incorporated by reference hero. This condition, including its reporting requirement, does not apply to— (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OIF FORM 4WY2 (REV. 488) 58 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance i I PROJECTNUMBER 2017 -DJ -BX -0496 27. Use of program income AWARD CONTINUATION SHEET Grant AWARD DATE i0/i0R0iR SPECIAL CONDITIONS PAGE 10 OF 21 Program income (as defined in the Part 200 Uniform Regrirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 28. Justice Information Sharing In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, the recipient (and any subrecipient at any tier) must comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular award. The recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/gsp_granicondition. The recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 29. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity tn:twcen jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, tmless the recipient 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. 30. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (acrd any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. ShouHI 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). The recipient may not satisfy such a fine with federal funds. 31. Protection of human research subjects The recipient (and any subrcctpient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 32. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of42 U.S.C. 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. OJP FORM 40lgl2 (REV, a_BR) 59 initial U.S. Depwunent of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2017 -DJ -BX -0496 AWARD CONTINUATION SHEET Grant AWARD DATE 10/14120is SPECIAL CONDITIONS 33. Verification and updating of recipient contact information The recipient must verify its 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. 34. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (intemet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force integrity and Leadership (www.ctfli.org). 11c 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. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.etfli.org). 35. Required attendance at WA -sponsored events The recipient (and its subrecipietns at any tier) must participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. 36. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of 5650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. OR FO"I 40002 (REV. 4-98) initial U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION j Bureau of Justice Assistance SHEET PAGE 12 OF 21 I Grant s PROJECT NUMBER 2017 -DJ -BX -0496 AWARD DATE 10/10/2018 SPECIAL CONDITIONS 37. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at. any tier) must 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 award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient 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. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this 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 recipient 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 recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https:/Ibja.gov/Furiding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipicrrts' existing programs or activities that will be funded by these award funds, the recipient, 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. 33. Establishment of trust fund if award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) 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 the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. OJP FORM 4000/2 (MI. 4-88) 1� U.S. Department of Justice Office of Justice Programs yP Bureau of Justice Assistance PROJECrNUb1BER 2017 -DJ -DX -0496 AWARD CONTINUATION SHEET Grant AWARD DATE IO/1J/2019 SPECIAL COhDMOAS 39. Prohibition on use of award funds for [Hatch under BVP program PAGE 13 OF 21 JAG funds may be used to purchase vests for an agency, btx they may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 40. Certification of body armor "mandatory wear" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planniag to utilize funds from this award for ballistic -resistant and stab - resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 41. Body armor - compliance with N13 standards Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nii.gov/). In addition, ballistic -resistant and stab -resistant body armor purchased must be American-made. The latest NIJ standard information can be found here: https:i/riij.govAopies/tecbnology,l)ody- armor/pages/safety-in k iative. aspx. 42. Required monitoring of subawards The recipient must monitor subawards under this JAG award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 43. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.uscloi-sov). Con.istent with de Department's resporwibilities under *x G'u=xnmt Performance and Results Act (GPRA) and the GPRA Modernization Act of2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports 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. 44. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. OJP FORM 4000/2 (REV. 449) 62 initial U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT WUljBER 2017-DJ-EX.0496 45. Prohibited Expenditures List AWARD CONTINUATION SHEET Grant AWARD DATE 10/10(2918 SPECIAL CON'DITIOA'S Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure List may be acceceed here: https://www.bja.govifunding/JAGControlledPurchaseLict.pdf 46. Controlled expenditures -prior written approval required Award funds may not be used for itcros than arc lited on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions are set out at https://www.bja.gov/fmding/JAGControlledPurchasvList.pdf 47. Controlled expenditures - incident reporting If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, the agency trust collect and retain (for at least 3 years) certain information about the we of-- (1) any federally -acquired Controlled Equipment in the agency's inventory, and (2) any other controlled equipment in the same category as the federally -acquired cotatrolled equipment in the agency's inventory, regardless of source-, and the agency must make that information available to BJA upon request. Details about what information must be collected and retained are set out at https://ojp.gov/docs/I E- Equiprnent-W G-Final-Report.pdf. 48. Sale of items on Controlled Expenditure Lia Notwithstanding the provision of the Part 200 Utriform Requirements set out at 2 C.F.R. 200.313, no equipment listed on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party, except as described below: a, Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or se11 any riot helmets or riot shiet& purchased under this award. C, Agencies may not transfer or sell any Controlled Equipment purchased tender this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with award funds, and must abide by any applicable laws (including regulations) in such disposal. 49. Prohibited or controlled expenditures -Effect of failure to comply Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any further approvals of controlled expenditures under this or other federal awards. OJP FORM 40002 (REV. 4-33) 63 U.S. Department of Justice r Office of Justice Prograrns AWARD CONTINUA'T'ION Bureau of JurtTCe Assistance SHEET PAGE IS OF 21 j Grant I PROJECT NUM BER :017 -DJ -BX -0446 AWARD DATE Imanols SPECIAL CONDITIONS 50. Controlled expenditures - Standards Consistent with recommendation 2.1 of Executive Order 13688, a law enforcement agency that acquires controlled equipment with award funds must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (e) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the recipient must provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 51. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2016 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2016), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice), (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award fisuis until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - OIP FORM 400042 (REV. "9) 'Acceptance of Syme -JAG 2417 funds by Plaintiffs New York, Connecticut, New Jersey.. Rhode island, Washington: and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions of Plaintiff states—shalt not be construed as acceptance of Special Conditions ¶¶52-56. Nor shall these conditions be enforced against these grantees given Judge Ramos's ruling in New York et al.. v. U. S. Department of Justice et al., 18 Civ. 6471 (ER) (ECF 114 and 122) (S.D.N.Y.) where these disputed condi . were enjoined for the reasons stated therein, including that 8 U.S.C. § 1373 was unconstitutional and not initial within the purview of `all applicable laws"as referenced in 34 U.S.C. § 10153(a). 64 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PAGE 16 OF 21 Grant PRomcr dUMBER 2017 -DJ -BX -04% AWARD DATE ID/10/201A SPECIAL CONDMONS 53. Ongoing compliance with 8 U.S.C. 1373 is required 1. With respect to the "program or activity" funded in whole or part under this award (including any such "program or activity" of any subrecipient at any tier), throughout the period of performance for the award, no State or local government emity, -agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(2); or initial (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in 8 U.S.C. 1373(b). For purposes of this award, any prohibition (or restriction) that violates this condition is an "information -communication restriction." 2. CLnifteations from subrecipients. The recipient may not make a subaward to a State or local government or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the jurisdiction or institution that would receive the subaward, using the appropriate form available at httpsJ/ojp.gov/funding/Explore/SatnpleCertifications-8USC1373.htm. Similarly, the recipient must require that no subrecipient (at any tier) may snake a further subaward to a State or local government or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward, using the appropriate OJP form. 3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of j this condition. t 1 4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State or local government or a "public" institution of higher education, incurs to implement this condition. i 5. Rules of Construction A. For purposes of this condition: (1) "State" and "local governmenV include any agency or other entity thereof, but not any institution of higher education or any Indian tribe, (2) A "public" institution of higher education is one that is owned, controlled, or directly funded by a State or local government. (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. M00d4a). (4) "Immigration status" [Weans what it means for purposes of 8 U.S.C. 1373 (Illegal Immigration Reform and Immigrant Responsibility Act of 1996); and terms that are defined in 8 U.S.C. 1101 (immigration and Nationality Act) mean what they mean under that section 1101, except that the term "State" also shall include American Samoa (cf. 42 U.S.C. 901(x)(2)). (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any "public" institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. OrP FORM 40ua2 (REV. 4 -ss) 'Acceptance of Byrne -,IAC- 2017 funds by Plaintiffs New York, Connecticut, New jersey, Rhode island. Washington, and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions ofinitial Plaintiff states --shall not be construed as acceptance of Species Conditions I¶52-58. Nor shall these conditions be enforced against these grantees given ,fudge Ramos's ruling in New York at ai., v. U.S. Department of Justice at al., 18 Civ. 6471 (ER) (ECF 114 and 122) (S.D.N.Y ) where these disputed conditions were enjoined for the reasons stated therein, including that 8 U.S.C. § 1373 was unconstitutional and not within the purview of `all applicable laws' as referenced in 34 U.S.C. § 10153(a). 65 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 17 of 21 Grant PROJECT NUMBER 2017-DJ-BX-0496 AWARD DATE 10/IO2r18 SPECIAL CONDITIONS IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 54. Authority to obligate award funds contingent on compliance with 8 U.S.C. 1373; unallowable costs: obligation to notify 1. if the recipient is a State or local government -- A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a either a State or unit of local govemment or a "public" institution of higher education) that is funded in whole or in part with award funds is subject to any "inforn ation-communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award fiends to reimburse itself if -- at the time it incurs such costs — the "program or activity" of the recipient (or of any subrecipient at any tier that is a either a State or unit of local government or a "public" institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any "information -communication restriction." C. Anv drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJF that, as of the date the recipient requests the drawdown, the recipient and all subrecipients (regardless of tier) are in compliance with 8 U.S.C. 1373. D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded "program or activity" of the recipient, or of any subrecipient at any tier that is either a State or it local government or a "public" institution of higher education, may be subject to any "information -communication restriction." In addition, any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient such credible evidence regarding an "information -communication restriction." 2. Any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of higher education must provide that the subrecipiew may not obligate award funds if, at the time of the obligation, the "program or activity" of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subiect to any "information -communication restriction." 3. Abscnt an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a smsll amount of award funds obligated by the recipient at the time of a subrecipienes minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award fund that, under this condition, may not be made shall be unallowable costs for purposes of this award. In snaking any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required." 4. Ruks of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required." B. Both the "Rales of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. I initial Initial `Acceptance of Byme-JAG 2017 funds by Plaintiffs New York, Connecticut, New Jersey, Rhode Island, Washington, DJP FORM 400012 (REV. "11) 'Acceptance the Commonwealths of Massachusetts and Virginia --and by the political subdivisions of Plaintiff states --shall not be construed as acceptance of Special Conditions ¶¶52-56. Nor shall these conditions be enforced against these grantees given Judge Ramos's ruling in New York et aL. v. U.S. Department of Justice et at., 18 Civ. 6471 (ER) (ECF 114 and 122) (S.D.N.Y.) where these disputed conditions were enjoined for the reasons stated therein, including that 8 U.S.C. § 1373 was unconstitutional and not within the purview of `all applicable laws' as referenced in 34 U.S.C. § 10153(a). 66 U.S. Department of Justice Office of Justice Programs I Bureau of Justice Assistance i — PROJECT NUMBER 2017 -DJ -BX -0496 AWARD CONTINUATION SHEET CsrSBt AWARD DATE 10/10/2018 PAGE 18 OF 21 SPECIAL CONDITIONS SS. Required State -level rules or practices related to aliens, allowable costs The following provisions apply to the recipient of this award, if the recipient is a State government, and also apply to 1a1 any State -government subrecipient at any tier (whether or not the recipient is a State government). 1. Requirements With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award -- A. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State (or State -contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to he or remain in the United States. i t B. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that, when a State (or State -contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and — as early as practicable (see para. 4.B. of this condition) — provide the requested notice to DHS. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3, Allowable costs i Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may he obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of— (1) developing and putting into place statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in para. I.A. above, and (3) honoring any request from DHS that is encompassed by para. I.B. above. i 4. Rules of construction { A. For purposes of this condition -- (1) the tern "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. j 1101(a)(3)). I (2) the term "correctional facility" means what it means under the Title I of the Omnibus Crime Control and Safe Stmets Act of 1968 (see 42 U.S.C. 3791(a)(7)). B. Nothing at this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual would have been released in the absence of this condition. Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form 1-247A (3/17)). In the event that (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to permit the advance notice that DHS has requested, it shall not be a violation of this condition to provide only as much advance notice as practicable. ;;iinitial oJP FORM 400D/2 (REV. 4-88) *Acceptance of Byrne -JAG 2017 funds by Plaintiffs New York, Connecticut. New ,jersey. Rhode island, Washington, and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions of Plaintiff states—shall not be construed as acceptance of Special Conditions IM52-56. Nor shall these conditions be enforced against these grantees given Judge Ramos's ruling in New York et al.. v. U. S. Department of Justice et al., 18 Civ. 6471 (ER) (ECF 114 and 122) (S.D.N.Y.) where these disputed conditions were enjoined for the reasons stated therein, including that 8 U.S.C. § 1373 was unconstitutional and not within the purview of "all applicable laws" as referenced in 34 U.S6C7 § 101 53(a). U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2017-DJ-BX-0496 AWARD CONTINUATION SHEET Grant AWARD DATE 10/10/2019 PACE 19 OF 21 SPECIAL CONDITIONS NOTE: Current DHS practice is to use one form (DHS Form I -247A (3/17)) for two distinct purposes — to request advance notice of scheduled release, and to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition imposes NO requirements as to such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. 56. Required local -government -level rules or practices related to aliens; allowable costs The following provisions apply to the recipient of this award, if the recipient is a unit of local government, and also initial apply to any local -government subrecipient of this award at any tier (whether or not the recipient itself is a unit of local government). 1. Requirements With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award -- A. A Focal ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, - I policy, or -practice) must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact arc given access a local -government (or local -government -contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain it, the United States. B. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, - policy, or -practice) must be in place that is designed to ensure that, when a local -government (or local-govemment- contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and -- as early as practicable (see "Rules of Construction" incorporated by para. 4.B. of this condition) -- provide the requested notice to DHS. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place statutes, ordinances, rules, regulations, policies, and practices to satisfy this condition, (2) permitting access as described in para. I.A. above, and (3) honoring any request from DHS that is encompassed by para. I.B. above. 4. Rules of construction A. The "Rules of Construction" and the "lmportant Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full. B. The "Rules of Construction" set out in the award condition entitled "Required State -level rules or practices related to aliens; allowable costs" are incorporated by reference as though set forth here in full. initial OJ? FORM 4000/2 (REV. 4-99) 'Acceptance of Byme-.JAG 2017 funds by Plaintiffs New York, Connecticut, New Jersey, Rhode Island. Washington, and the Commonwealths of Massachusetts and Virginia—and by the political subdivisions of Plaintiff states—shall not be construed as acceptance of Special Conditions X52-56. Nor shall these conditions be enforced against these grantees given Judge Ramos's ruling in New York et at'.. v U.S. Department of Justice et al., 18 Civ. 6471 (ER) (ECF 114 and 122) (S.D.N.Y.) where these disputed conditions were enjoined for the reasons stated therein, including that 8 U.S.C. § 1373 was unconstitutional and not within the purview of "all applicable laws" as referenced in 34 U.S.C. § 101 53(a). 68 U.S. Department of Justice Office of Justice Programs A"'ARD CONTINUATION 0 Bureau of Justice Assistance SHEET I PAGE V. OF 21 t Grant r PROJECTM:MBER 2017 -DJ -BX -04% AWARD DATE ]0/1012015 SPECIAL CONDITIONS 57. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 58. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https://www.bja.govfLogin.a.Px to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at ittps://www.bja.govfprofile.&Tx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at haps://www.bje.gov/SuccessStoryList.aspx. 59. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.us do_i.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 60. Reclassification of various statutory provisions to anew Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editoriatly reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code, Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 61. Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits; the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. ON FORbf 4000/2 (REY. 4-U) W initial U.S. Department of Justice Office of Justice Programs ANNARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 21 of zt Grant PROJECTNUMBER 2017 -DJ -BX -4496 _-�_�--AWARD DATE 10/102019 SPECIAL CONDITIONS 62. Withholding of fund: Memorandum of Understanding The recipient may not obligate, expend, or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and it Grant Adjustment Notice (GAN) has been issued to remove this condition. 63. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proccedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or eotnmected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required repotting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the ON website at https:/Iojp.gov/funding/FAPIIS.htin (Award condition: Recipient integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. OJP FORM 4001YY (REV. 4-49) 70 U.S. department of Justice Office of Justice Programs Bureau of'Justice Assistance Wachingmn, D C 10531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Seattle 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, 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. 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, pease see httpc.;//ywu,h�a_aonv/Fiir3din�a�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. 71 U.S. Dewrtment of Justice GRANT MANAGER'S MEMORANDUM, PT. 1: Office ofltutice Pmgrmrs I PROJECT SUMMARY i Bureau of Justice Assistance i Grant PROJECT NUMBER i PAGE 1 OF 1 f 2017 -DJ -BX -0496 This project is supported under FY17(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (gaterAy codified of 42 L'.S.C. 37)1 - 3797ff-5), including j subpart 1 of part E (coded at 42 U.S.C. 3750 - 3759); we also 28 U.S.C. 53UC(a). i i i ! t. STAFF CONTACT (Nano & telephone number) 2. PROJECT DIRECTOR (Name, address & telepho a nunrbor) Jeffrey S. Fe4cn-Green ' Diane Pilon (202) 514-8874 i Strategic Advisor 610 5th Avenue 1 P.O. Box 34986 i Seattle, WA 98124-9986 i (206)38(-1996 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS { BJA FY 17 Edward Bvme h,Icmorial Justice Assistance Gram (JAG) Program - I-ocA Solicitation i ON REVERSE) i j i 4. TITLE OF PROJECT FY 2017 Edward Byrne Memorial Justice Assistance (JAG) Grant Forrrada Program S. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE i City of Scattic 700 5th Avrns e, Suite 5800 ! Seattle, WA 98124A7U8 i 7. PROGRAM PERIOD I 8, BUDGET PERIOD FROM: 10!012016 T0: 09/302020 i FROM' 10/01!2016 TO: 09 M-/2020 i A 9. AMOUNT OF AWARD 10. DATE OF AWARD I $ 657,975 1 10/102018 i 11. SECOND YEARS BUDGET 12. SECOND YEAR'S BUDGET AMOUNT i 13. THIRD YEAR'S BUDGET PERIOD I 14, THIRD YEARS BUDGET AMOUNT I 1 Ifj 15, SUMMARY DESCRIPTION OF PROJECT (See instruction on raverse) The Edward Byrne Memorial Justice Assistance Grant Program +; JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own stoic and Meal tme& and conditions. Grant funds can be used for state and local initiatives, (cchnical assistance, "ming, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose I areas: 1) law enforcement programs; 2) prosecution and cowl programs; 3) prevention and education programs; 4) corrections and community correction.. programs: ! 5) drug treatment and mforcemem programs: 6) planning, evaluation, and teehnnology fin♦ roveruent programs; 7) crime victim and witness programs (other than compensation); and S) mental health programs and related taw enforcement and corrections programs, including behavioral programs and crisis intervention teams. I This Local JAG award will be shared by the County and one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list (w w.bja.gov/Jag;. JAG funding will be used to support criminal justice initiatives that flail under one or more of the allowable progntn areas above. Any -, OJP FORM 40002 (REV. 4-88) 72 iIlitial equipmern purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, dc. wiU be agncd ai reducing crime and/or enhancing public/officer safely. NCA/NCF 73 FY 2017 JAG City of Seattle Joint Application — Budget Worksheet & Narrative A. Personnel CITY OF SEATTLE: Name/Position Computation Cost Crime Prevention Coordinator Salary weekly salary # of weeks # of positions (3 positions) $1,731 38 3 $197,334 TOTAL: $197,334 B. Fringe Benefits CITY OF SEATTLE: Name/Position Computation Cost Crime Prevention Coordinator Salary weekly benefits # of weeks # of positions (3 positions) G. Consultants/Contracts CITY OF AUBURN: $480.90 38 3 $54,823 # of OT Rate Hours TOTAL: $54,823 Seattle SubTotal: $252,157 Teen Late Night Program Officer OT $86.18 47 $4,050 Citizen's Police Academy Program Officer OT $86.18 29 $2,499 Fireworks Emphasis Program Officer OT $86.18 278 $23,958 Misc. Supplies for Teen Late Night vendor estimate $60 Auburn SubTotal: $30,568 CITY OF BELLEVUE: Purpose Location Item Computation Officer Safety Training Airfare 8 x $500 each $4,000.00 Officer Safety Training Lodging 8 x $400 each $3,200.00 Officer Safety Training Per Diem 8 x $250 each $2,000.00 Officer Safety Training Conf. fee 8 x $500 each $4,000.00 Officer Safety Training Misc. Travel 8 x 114.75 each $918.00 Bellevue SubTotal: $14,118 CITY OF BURIEN: Purpose Location Computation Cost WSSO SRO Annual Conff, Registration WA State 1 SRO x $350 $350 WSSO Conference Travel WA State 500 miles x .56/mile $280 WSSO Conference Hotel/Per Diem WA State 4 days x $175/day $700 Bicycle Repair School Re`istration 1 Officer x $250 $250 Overtime for Training 40 hours x $90/hour $3,600 Security Cameras and Installation for City Hall/Library 4 cameras x $2,500/each $10,000 Less Lethal Shotguns 7 @ $600 each $4,200 74 Page 1 of 9 FY 2017 JAG City of Seattle Joint Application — Budget Worksheet & Narrative Bicycle Racks 3 @ $250 each $750 Misc. Police Equipment $948 Barien SubTotal: $21,078 CITY OF DES MOINES: Item One (1) Sergeant Instructor Overtime One (1) Sergeant Backfill Overtime Two (2) Officer Instructor Overtime Reality Based Officer Safety Equipment Computation Cost 24 hours x $82 $1,968 24 hours x $82 $1,968 96 hours x $70 $6,720 vendor estimate $466 vendor estimate Des Moines SubTotal: $11,122 CITY OF FEDERAL WAY: Item Computation Cost (average hourly Temporary IT Support rate) $18 x 1907 Hours $34,331 Federal Way SubTotal: $34,331 CITY OF KENT: Item Computation Cost Officer OT - Racer Emphasis/Hot Spot Policing - 2018 $65 x 72 hours $4,680 Officer OT - Racer Emphasis/Hot Spot Policing - 2019 Social Security (OT) Retirement (OT) Microsoft Surface Pro Tablets for use by FTOs Civil Disturbance Team Upper Body Protective Equipment Enhancements to FATS Use of Force Training Simulator Graffiti Removal Kits $67 x 72 hours $4,824 $9636 x.0765 $736 $9636 x.065 $626 $1,000 x 4 tablets $4,000 vendor estimate $5,132 vendor estimate $12,000 $100 x 20 Kits $2,000 Kent SubTotal: $33,998 KING COUNTY: Item Computation Cost Patty Noble-Desy - Salary 75% of grant $150,848 Recidivism Reduction/Reentry Coordinator (Senior Project Manager) Patty Noble-Desy - Benefits 25% of grant Recidivism Reduction/Reentry Coordinator (Senior Project Manager) CITY OF RENTON: $50,283 King County SubTotal: $201,131 Purpose Computation Cost End Violence Against Women Conf Registration Dallas TX 6 ofc x $250 $1,500 End Violence Against Women Annual Conf Travel Dallas TX 6 @ 391 $2,346 Page 2 of 9 75 FY 2017 JAG City of Seattle Joint Application — Budget Worksheet & Narrative End Violence Against Women Conf Hotel/PerDiem Technology Training Purchase of airfare and taxi voucher Gift Cards (emergency groceries, supplies, and clothing) Hotel Vouchers for Victims Human Trafficking investigations (hotel rooms, Web access) Human Trafficking Victim Support - Transportation to and from Court Technology equipment — improvements and purchase new hardware Technology improvements (Software — New forensics program) Miscellaneous Supplies WA State 5 days x $175/day $5,250 Registration 1 @ 3500 $3,500 WA State 40 @ $25 $1,000 80 @ 25 $2,000 10 @ 100 $1,000 2 @ 500 $1,000 40 trips x $12.50 each $500 2@ 2224 $4,448 1 @ 4000 $3,192 $404 Renton SubTotal: $26,140 CITY OF SEATAC: Item Computation Cost $100 per hour x 140 Police Officer Overtime hours $14,000 Ballistic Blankets 2 @ $1,500 each $3,000 Training Development/Implementation Supplies 415 $415 SeaTac SubTotal: $17,415 CITY OF TUKWILA: Items Computation Cost Leadership Training 3 @ $1,667 (Location TBD) $5,001 Treadmill 1 @ $5,916 $5,916 Monitor and mount 1 @ $1,000 $1,000 Clothing ensemble for Firearms Instructors 2 @ $2,000 $4,000 Tukwila SubTotal: $15,917 BUDGET SUMMARY Overall Summar Total Budget Category Budget A. Personnel $197,334 B. Fringe Benefits $54,823 C. Travel $0 D. Equipment $0 E. Supplies $0 76 Page 3 of 9 FY 2017 JAG City of Seattle Joint Application — Budget Worksheet & Narrative F. Construction $0 G. Contractual $405,818 H. Other $o Total Direct Costs: $657,975 TOTAL PROJLCT COSTS: $657,975 TOTAL JOINT ALLOCATION: $657,975 Page 4 of 9 77 FY 2017 JAG City of Seattle Joint Application – Budget Worksheet & Narrative Budget Narrative A. Personnel ($197,334) A request of $197,334 is included for City of Seattle for salary costs associated with preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department. This amount will pay for 38 weeks in 2018. B. Fringe Benefits ($54,823) A request of $54,823 is included for City of Seattle for fringe benefit costs associated with preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department. Fringe benefits are City of Seattle standard fringe benefits for civilian personnel, and include FICA, Health Care Medicare, Life Insurance, Retirement, Workers Comp, EAP, Disability Insurance, and Death Benefits, and are calculated at a rate of approximately 28% of base salary. G. Consultants/Contracts ($405,818) As the fiscal agent, City of Seattle will enter into Interagency Agreements with all of the sub -agencies listed below. Sub -Agencies will be required to spend their funds, and then request reimbursement from City of Seattle. Therefore, we are listing all of the costs associated with their programs under Consultants/Contracts: City of Auburn ($30,568) A request of $30,568 will cover Auburn Police Officer overtime costs associated with three programs requested by City of Auburn: Teen Late Night, Citizen's Police Academy, and Fireworks Emphasis Patrols. At an average overtime rate of $86.18 per hour, approximately 354 hours of overtime will be worked. Additionally, $60 is requested for miscellaneous office supplies for Teen Late Night. City of Bellevue ($14,118) All of the proposed Bellevue allocation of $14,118 shall be allocated to Travel/Training for the Investigations Unit, to include Special Operations Group and Crime Analysis as well. Costs will be expended in the traditional categories—Airfare, lodging, conference fees, per diem, and miscellaneous travel (baggage, transportation to/from airport, etc.). All trips shall be used toward conferences/courses that emphasis Officer Safety/Wellness. City of Burien ($21,078) 78 Page 5 of 9 FY 2017 JAG City of Seattle Joint Application — Budget Worksheet & Narrative Training/Travel ($1,580): Besides basic academy and ongoing required training, the City of Burien has no budget dedicated towards the enhanced training of its officers. Having the ability to send officers to enhanced training will make our officers more effective towards reducing crime and improving officer safety. Travel costs are included if the annual class is not located nearby. Training classes proposed include school resource officer training, and a bicycle repair class so repairs to the 2 new police bikes can be done in-house, rather than sent to a bicycle shop. Overtime for training ($3,600): In addition, our total number of officers generally only allows us to meet minimum staffing requirements. Overtime backfill is required most of the time when we send officers to training, and funds from this grant would be used to fulfill our staffing requirements when sending officers to important training. Security cameras and installation ($10,000): Increased social disorder crimes are occurring in the downtown Town Square area near the City Hall/Library. Security cameras and installation are proposed as a way to help manage these crimes. Less lethal shotguns ($4,200): Less lethal shotguns are proposed as a potential way to handle escalated incidents from longer distance than Taser guns allow. Bicycle Racks/Mise. Police Equipment ($1,698): Two new police bikes were purchased with an earlier JAG grant, so bicycle racks and other miscellaneous bicycle/police equipment is proposed. City of Des Moines ($11,122) Funds from the JAG Grant will allow the Des Moines Police Department to pay instructor overtime to provide reality -based training utilizing simulations as a means to optimize future performance and enhance officer safety. In addition, the grant funds will allow the department to pay overtime to backfill a sergeant position thus allowing the sergeant instructor to conduct the training during his scheduled work day. There will be at least 4-12 hour long days of instruction requiring three (3) instructors for each day. The participant officers attending this training will be on their normal duty time. Reality -Based / Officer Safety Training Program One (1) Sergeant Instructor Overtime: 24 hours x $82.00 = $1,968 One (1) Sergeant Backfill Overtime: 24 hours x $82.00 = $1,968 Two (2) Officer Instructor Overtime: 96 hours x $70.00 = $6,720 Total Overtime Cost $10,656 Funds from the JAG Grants will allow the Des Moines Police Department the ability to purchase necessary safety equipment to assure the participant officers and scenario actors arc safe. This safety equipment includes headgear, gloves, eyewear or other protective equipment. Reality -Based / Officer Safety Equipment = $466 Page 6 of 9 79 FY 2017 JAG City of Seattle Joint Application — Budget Worksheet & Narrative City of Federal Way ($34,331) Funds are requested to provide temporary support personnel in the Information Technology Department to support GIS improvement for address verification and enhanced GIS mapping. The salary is a based upon an average overtime rate of $18 per hour and 1,907 hours worked. City of Kent ($33,998) 2017 JAG funds will include a total of $9,504 in overtime wages. On the budget worksheet, each year is divided out — 2018 we estimate 72 hours of overtime at an average overtime rate of $65 per hour. We increase the overtime rate for 2019 rates to include collective bargaining contracts wage increases. In 2018 we estimate 72 hours of overtime at a rate of $67 per hour. We included fringe benefits for the overtime. Fringe benefits include Social Security calculated at .0765 and Retirement calculated at .065. We estimate the Microsoft Surface Pro Laptops/Tablets to cost $1,000 each based upon the quote given to us from our Information Technology Department. We are requested four of these for a total of $4,000. We will use $5,132 to purchase upper body protective equipment for members of our Civil Disturbance team. These items will include elbow pads, thinner less combative looking vests. We will work with our department uniform distributor to get the best pricing possible at the time these JAG funds become available. We will use $12,000 to purchase technology which will enhance our Fire Arms Training Simulator. We will work with the vendor to get the best pricing possible at the time these JAG funds become available. We budgeted $2,000 to equip 20 additional graffiti removal kits with a cost of $100 per kit. These kits include spray paint, roller pads, rollers, and graffiti wipes and are used by volunteers and community groups for graffiti clean-up. King County ($2015131) Patty Noble-Desy: Recidivism Reduction/Reentry Coordinator (Senior Project Manager) 75% of grant: $150,848 (Salary Costs) Patty Noble-Desy: Recidivism Reduction/Reentry Coordinator (Senior Project Manager) 25% of grant: $50,283 (Benefit Costs) 80 Page 7 of 9 FY 2017 JAG City of Seattle Joint Application — Budget Worksheet & Narrative City of Renton ($26,140) Training is an ongoing challenge for all small police agencies. Finding the best and most relevant training can be a struggle. This agency has a history of insuring members of the organization receive the best possible training. However, since training can be costly, officer who attend outside training are required to bring this information back to their respective workgroups. Additionally, any new tactics or technics for investigating a crime are put into department wide training and regularly implemented department wide. This is the best way to maximize the use of this training money, effectively more than tripling its effectiveness. Funds will also be utilized to send Renton Police personnel to Technology related Training. Funds allocated for Training: $12,596 Equipment funds will primarily be used for technological advances for the department. The added advantage here is that the Renton Police Department is utilizing its new expertise to our smaller law enforcement partners. This prevents them from having to ask larger, already overworked, agencies for their help. Additionally, we purchase updated investigative equipment that are often used to assist our partners in regional investigations such as our Valley Investigative Team, a regional use of force investigations group. Funds allocated for Equipment: $7,640 Our projects require a certain amount of regular and ongoing supplies to keep them working. Such supplies include training and educational materials, printing materials, public display materials and repair or replacement materials for prints, copiers and fax systems. Funds in the supply category are additionally requested to support services for victims and for investigative supplies. Funds allocated for Supplies: $5,904 City of SeaTac ($17,415) A request of $14,000 is included for officer overtime. At an average overtime rate of approximately $100 per hour, 140 hours of overtime will be worked. SeaTac Police will use the $14,000 for 140 hours of overtime to develop /implement training and education programs related to In -Progress Violence Response Training and Education for _first responders and community members; Law Enforcement Programs; Multiple -Assault Counter Terrorism Action Capability (MACTAC) Training; Civilian Response to Active Shooter Events (CRASE). This will include overtime for course/program development and implementation and backfill overtime while officers are in training. A request of $3,000 is included for the purchase of Ballistic Blankets. At $1,500 each, two blankets will be purchased. A request of $415 is included for training development and implementation supplies. Supplies will be purchased to assist with development, implementation and maintenance of the training/education efforts. Page 8 of 9 81 FY 2017 JAG City of Seattle Joint Application — Budget Worksheet & Narrative City of Tukwila ($15,917) Training and Professional Development: $5001 The Tukwila Police Department will use these funds to send department members to professional leadership development courses, such as the Leadership in Police Organizations course offered by the IACP. The Tukwila Police Department's strategic plan includes providing leadership training department wide, and the LPO course is one of nationally sought training courses due to the content and value of what is provided in the cost of the training. The cost for each attendee is $1667 per attendee, for a three-week training course that is conducted one week at a time over three month time period. Gym Equipment: $5916 The Tukwila Police Department will use these funds to purchase a treadmill for the city owned gym facility. Our agency has identified an officer as a leader regarding employee health and physical fitness; this officer has conducted research to determine the most cost and quality effective treadmill that can be purchased with these funds. Firearms Training Cadre Equipment: $1,000 The Tukwila Police Department will use these funds to purchase a monitor and mount for the trailer that is used by the Firearms Cadre. A Firearms Cadre Instructor has conducted research to determine the size of monitor needed to maximize training efficiency, to include the corresponding sized mount. The cost for these two items is $1,000. Additionally, as our agency has grown, so has the size of our Firearms Instructor Cadre. Currently, there are two instructors who need to be fully outfitted with an instructor's uniform and corresponding gear. The cost for these two instructors to be fully outfitted is $2,000 per instructor, for a total of $4,000 to outfit both instructors. The uniform for each instructor will include: two pairs of range pants ($250), two polo shirts ($150), two pairs of shorts ($150), cold weather gear ($350), rain gear ($350), equipment/armorer bags ($150), storage containers ($200), range vest carriers ($400) 82 Page 9 of 9 Memorandum of Understanding Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2017 Local Solicitation Executed by City of Seattle Department Authorized Representative: Faye Landskov 610 51h Avenue PO Box 34986 Seattle, WA 98124-4986 and City of Federal Way, hereinafter referred to as "Subrecipient" JAG Grant Manager: Diane C. Shines 33325 8 Ave S Federal Way, WA 98003 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. 83 FY 17 JAG Interagency Agreement, Page 1 of 7 City of Federal Way City of Seattle Jim Ferrell, Mayor Mark R. Baird Chief Operating Officer, Seattle Police Department Date: Date: Authorized by: Edward Byrne Memorial Justice Assistance Grant (JAG) Program WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS, the JAG Program supports all components of the criminal justice system, from multi -jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives; and WHEREAS, the United States Congress authorized $657,975 in the Justice Assistance Grant (JAG) Program for jurisdictions in King County; and WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award with a single, joint application; and WHEREAS, the City of Seattle ("City"), as the identified Fiscal Agent, submitted the joint application to the Bureau of justice Assistance on September 5, 2017 to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of justice Assistance has awarded $657,975 to the City from these JAG Program funds; and WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal Agent for this award, is to distribute grant funds to co -applicants, the City intends to transfer some of the JAG funds it receives to those co -applicants; and WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG Program once grant funds have lapsed; and WHEREAS, Subrecipients of JAG funds from the City should not anticipate the City will assume responsibility for any program costs funded by JAG once JAG funds are spent; NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains seven Articles: 84 FY 17 JAG Interagency Agreement, Page 2 of 7 ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect from the date it is executed, until September 30, 2020 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes 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. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement; prosecution and court programs; prevention and education programs; corrections and community corrections; drug treatment and enforcement; crime victim and witness initiatives; and planning, evaluation, and technology improvement programs. ARTICLE III: SPECIAL CONDITIONS 1. Funds are provided by the U.S. Department of justice, Office of Justice Programs, Bureau of justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Subrecipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. 2. The Subrecipient acknowledges that because this Agreement involves federal funding, the period of performance described herein will likely begin prior to the City's receipt of appropriated federal funds. The Subrecipient agrees that it will not hold the City or the Department of Justice liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to the City's receipt and distribution of federal funds. In the event that the Department of Justice requires the City to repay awarded funds for failure to comply with Special Conditions 52-56 listed in Attachment A, the Subrecipient will repay the City any funds it received under this Agreement that the City is required to repay to the federal government. q>>hreripient further acknowledges and agrees that the City may reject federal funds if it is required to comply with Special Conditions 52-56 as a prerequisite for receiving these funds. Subrecipient will not pursue the City for such funds but may be able to pursue the federal government. 3. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY 2017 Justice Assistance Grant Program Award # 2017 -DJ -BX -0496. All federal financial and grant management rules and regulations must be adhered to in the execution of this contract. Exhibit Attachment A is a copy of the federal award documents. All special conditions stated in the award documents apply to the execution of this contract. All Subrecipients are assumed to have read, understood, and accepted the Award as binding. 4. The Subrecipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial Justice Assistance 85 FY 17 JAG Interagency Agreement, Page 3 of 7 Grant (JAG) Program: FY 2017 Local Solicitation. Allocation and use of grant funding must be coordinated with the goals and objectives included in the Local Solicitation. All Subrecipients are assumed to have read, understood, and accepted the Local Solicitation as binding. Subrecipient agrees to obtain a valid DUNS profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Subrecipient's first quarterly report after a subaward is made. 6. The Subrecipient shall comply with all applicable laws, regulations, and program guidance. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2017 award from the Office of Justice Programs (OJP). 7. The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principals, and Audit Requirements. a. Non -Federal entities that expend $500,000 or more in one fiscal year in Federal awards shall have a single or program -specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A -133 - Audits of States, Local Governments, and non -Profit Organizations. Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO). b. Subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. c. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub -recipients also maintain auditable records. d. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Subrecipient must respond to requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. 86 FY 17 JAG Interagency Agreement, Page 4 of 7 e. If applicable, once any single audit has been completed, the Subrecipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Subrecipient must send the audit and the letter no later than nine months after the end of the Subrecipient's fiscal year(s) to: Faye Landskov, JAG Program Manager Seattle Police Department 610 Sth Avenue PO Box 34986 Seattle, WA 98124-4986 206-733-9163 In addition to sending a copy of the audit, the Subrecipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subrecipient shall include the above audit requirements in any subcontracts. g. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requirements, including, but not limited to, the provision of any information required for assessment or evaluation of activities within this agreement, and for compliance BJA reporting requirements. h. Suspension and Debarment: The Subrecipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subrecipient is providing the signed certification set out below. The certification this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subrecipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and/or debarment. The Subrecipient shall provide immediate written notice to the City if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subrecipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. The Subrecipient shall include the requirement in this section in any subcontracts. ARTICLE IV: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment B: JAG Budget Worksheet, as approved by BJA. Attachment B is attached to and made part of this agreement. 87 FY 17 JAG Interagency Agreement, Page 5 of 7 The work shall, at all times, be subject to the City's general review and approval. The Subrecipient shall confer with the City periodically during the progress of the Work, and shall prepare and present such information and materials (e.g. a detailed outline of completed work) as may be pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or Subrecipient's progress. ARTICLE V: PAYMENT 1. Compensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $34,331. The Subrecipient shall incur authorized allowable expenses in accordance with the Project Budget, as detailed in Attachment B. The Subrecipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award. The City will provide quarterly statements to the Subrecipient, once the interest balance accrued equals at least $1,000. Reimbursements will not be made for interest accrued that is less than $1,000. Reimbursements can be requested, up to the total amount of interest accrued, after the initial quarterly statement has been sent, to perform tasks in accordance with the Project Budget, as detailed in Attachment B. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates, which can be found at: http://www.gsa.gov. 2. Manner of Payment The Subrecipient shall submit reimbursement requests not more than monthly, and at least quarterly. After the first quarter, monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed. Reimbursement request forms are provided. Substitute forms are acceptable. XAT vv Iteh each reimiursemen* request, the Subrecipient shall submit: ■ Detailed spreadsheet of expenditures by task and related financial documents (timesheets, invoices) ■ These documents and invoices must be kept on file by the Subrecipient and be made available upon request by the City or to state or federal auditors, for at least six years after the closure of the grant. Reimbursement will not be processed without accompanying documentation for the corresponding costs. Once the above conditions are met, payment shall be made by the City to the Subrecipient. 88 FY 17 JAG Interagency Agreement, Page 6 of 7 Submit invoicing to Submit Documentation to Fiscal Accounts Payable Faye Landskov, JAG Program Manager Seattle Police Department Seattle Police Department 610 5th Avenue 610 5th Avenue PO Box 34986 PO Box 34986 Seattle, WA 98124-4986 Seattle, WA 98124-4986 SPDAP@seattle.gov 206-733-9163 Article VI. COOPERATION IN MONITORING AND EVALUATION. 1. SPD Responsibilities: SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. SPD has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. SPD may require Subrecipient to take corrective action if deficiencies are found. SPD will not monitor Subrecipient's adherence to Special Conditions 5 2-5 6 in the Grant Award and Special Conditions documents. 2. Subrecipient Responsibilities. a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. b. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of SPD, DOJ, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents, employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. ARTICLE VII: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. 89 FY 17 JAG Interagency Agreement, Page 7 of 7 Agency Name: Seattle Police Department 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 Sub Recipient: (Reimbursement is payable to) Diane Shines City of Federal Way 33325 8 AV S Federal Way, WA 98003 City of Seattle Invoice Voucher JAG 2017 invoice #: Sub Recipient Certification: I hereby certify under penalty of perjury that the items & totals listed herein are proper charges for materials, merchandise, or services furnished, and that all goods furnished and/or services rendered have been provided in accordance with the approved JAG Program Narrative and Project Budget, and comply with all requirements set forth in the JAG Interagency Agreement. Submitted by: Diane Shines, Sub Recipient Project Director Date: Approved by: CFDA # 16.738 Grant# 2017 D1 BX 0496 Faye Landskov, Seattle JAG Program Manager Project Project Title: Date: Activity FY 2017 Justice Assistance Grant Program Grant Term Dates: 10/1/2016 - 9/30/2020 Submitted herewith for payment are expenditures made for services performed and/or supplies and materials received during the above period. Duplicate copies of time sheet summary, invoices, proof of payment, proof of receipt, and signature are attached. A Project Status Report, as outlined in the Interagency agreement, is also attached to this voucher. Original documentation are maintained on file. 90 Revised 3/11/10 Current Past Cumulative Project Budget Expenditures Expenditures Expenditures Balance Personnel $ 34;331.00 $ $ $ $ 34,331.00 Fringe Benefits $ $ $ $ - $ - Travel/Training $ $ $ - $ - $ - Equipment/Supplies $ - $ - $ - $ Consultants/Contracts $ - $ $ - $ - $ Other $ - $ $ - $ - $ - TOTAL $ 34,331.00 $ - $ - $ - $ 34,331.00 90 Revised 3/11/10 Performing Arts and Event Center Presenter: Autumn Gressett Monthly Report —July & August 2019 Presented at Parks, Recreation, Human Services & Public Safety Committee September 10, 2019 5:00 pm • Days facility rented/utilized ■ 5 total days within both months o (July 2018 — 5 Events, August 2018 —13 events : only 2 of 18 were paid events) • Theater Rentals/PAEC Presents Held in July & August ■ August 27 — Magician Lance Burton — 425 attendees ■ August 28 — The Guess Who — 298 attendees • Event Space Rentals Held in March ■ July 27, Banquet reception 325 attendees. ■ July 28, Christmas in July Event held, 10 vendors selling items, Movie "How the Grinch Stole Christmas" shown in the Theatre. ■ August 12 — Federal Way Public Schools Teacher orientation Luncheon —125 attendees. • Announced 2019/2020 season, brochures completed and mailed out • Finalized 2019/2020 Arts 4 Youth Program performances • GM — attended monthly Chamber Luncheon • GM attended weekly PAEC Foundation Gala Committee Meetings • GM attended monthly PAEC Foundation Board Meeting • Spectra Bi -Weekly booking calls • Corporate Visits: • Jacque Holowaty VP Ticketing and client relations 2 day visit to discuss Audience View and meet with Staff and Contract Administrator Autumn Gressett. • Karen Cioala Director of HR onsite visit early August. • Community Events participated in: ■ Red White and Blues 4th of July Event ■ Salmon Bake 7/26 ■ Rhythm and Blues Festival 7/20 ■ Steel Lake Kids Day 8/7 ■ Flavor of Federal Way 8/10 • Upgrades to Bar Area with two new vertical monitors • Annual inspections done with Pit lift, Fire Curtain and Rigging System • Electrical trouble shooting complete with parking lot lights and exterior landscaping lighting • Plumbing maintenance ongoing — 75% complete throughout the facility • Hiring PT — Stage Crew, Ushers, Box Office Clerks, Bartenders and Servers 1 Performing Arts and Event Center Monthly Report—July & August 2019 July Marketing Recap Website Metrics Unique Pageviews 6,895 Total Pageviews 8,828 Email Statistics Messages Sent 48,089 Open Rate 19.00% Click Rate 7.33% Social Media (Facebook/Instagram) Facebook Follower's 2,704 Facebook Reach 15,854 Instagram Follower's 107 Instagram Reach 1582 Radio KISW 99.9 KSWD 94.1 TV KCTS 9 Print Showcase Media South Sound Federal Way Mirror Digital KCTS 9 South Sound KSWD 94.1 Presenter: Autumn Gressett Performing Arts and Event Center Monthly Report —July & August 2019 August Marketing Recap Website Metrics Unique Pageviews 9,669 Total Pageviews 12,267 Email Statistics Messages Sent 32,426 Open Rate 17.38% Click Rate 6.35% Social Media (Facebook/Instagram) Facebook Follower's 2,733 Facebook Reach 12,842 Instagram Follower's 108 Instagram Reach 1399 Radio KISW 99.9 KSWD 94.1 TV KCTS 9 Print Showcase Media South Sound Federal Way Mirror Digital KCTS 9 South Sound KSWD 94.1 Presenter: Autumn Gressett