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AG 19-221 - KC Sheriff RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I. ORIGINATING DEPT./DIV: POLICE DEPARTNIEN'1- 2. ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY: ASAP 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR,SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#). ❑ INTERLOCAL x OTHER AGREEMENT 5. PROJECTNAME: KC RSO OVt:IZ17M1:COST REINIIIt RNI_nll.�I A(Afl:1:)IF.NT 6. NAME OF CONTRACTOR: ICI\c;C OLIlT}`5iii'itli F'S(�I�M i�I ADDRESS:W-1El Kltit;C(f[ I} C'vE [t I I I'�L tii:. 16 T:Ii;2.M':1'•I:�I i 4I�1 11'! I 9h'.a y7 U i TELEPHONE 206-263-2122 E-MAIL: TINA.Ki_LLF.R(a'NINGCOUN`I1.60% (TIN l lil:I.I i=.R,pim.n.cr I1%�ti:1C;la:} SIGNATURE NAME: MITZI JOHANKNECHT T I I I.I Sili 11+11:F• 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION G INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS C PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: JULY 1,2019 COMPLETION DATE: JUNE 30,2020 9. TOTAL REISiIiI'EiSF:'f0'I iIl Cl it l l' I'( `ti 19 1120.11 IN OFI ICER ON Lit l loll: l lf�:e_LUI iL EXPENSES AND SALES TAX,IF ANY) (I F CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ONO IF YES,MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED ❑YES ❑NO IF YES,S ,,PAIID BY:❑CONTRACTOR El CITY El PURCHASING: PLEASE CHARGE TO: -© 0 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED IN IT]ALIDATE APPROVE D ❑ PROJECT MANAGER ❑ DIRECTOR - ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW s,. I Iell_l FFll ll. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE:MLO `e) COUNCIL APPROVAL DATE: U�I 12. CONTRACT SIGNATURE ROUTING E] SENTTO VENDOR/CONTRACTOR DATE SENT: DATE RECD: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED ❑ LAW DEPARTMENT 51(i N ATORY(MAYOR()<E ') DIRECTOR) �t ti t ` CI I1 (.-I A4­,IG F)A(i0 AG# SIGNED COP1' RETURNED DATE SENT ))u� l" COMMENTS: r- i i C:t�st ltici:r;burscs�7vs�i AE,rcement Executed By King County Sheriffs 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; j NOW THEREFORE,the parties hereto agree as follows: , KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address f and Residency Verification Program funding to reimburse for expenditures associated 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 TVJC, rC.'.` 11S 'I VC 10 P,:CCiVe "C''I I 16111:SC 111 t"t for grant-related expenditures. 13oth forms :}r :1u l A .;i as ,- I il:: 1 1 this .I r�.�.11�cnt. "1 ri.il�it A" is the Offender Wartch genernta{ ``RcL!.I",te]d C.X ()1'CCIId".I VcnII�:I:io'n ELt.1t1G::i (N;t)" that the sex or kidnapping offender coral l tt , 97:d .�Tn= daring a f'lL.4-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 he complete and receive[[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 orb August 11,2019 Cost Reimbursement Agreement I Phone: 206-263-2122 Email: tina.ketler@kingcounty.gov i ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCS0 by the 101"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 a1)l7r-Dri rte srlpcwisor of the ciepartlnent that the request has been personally reviewed, lrc.lt the in : l m'ction described in the request is accurate,and the personnel for%%'Item: is clainl:.d were working on an overtime basis forthe Regis[eced :Sex and Kidtic,ppi11L� ()ffe.11de.r Address and Residency Verification Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1. 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 ol'6 August 11,2019 i Cost Reimbursement Agreement i i 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 E 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 Piga 4 of 6 August 11,2019 P i i Cost Reimbursement Agreement r Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian I' Affairs fluids 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 HARMLESS/INDEMNIFICATION 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 oi'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 his-Ar�allce Or tiG°]1'iP�4tlPrtPl�c s.rams mailimincd by Ilrc Coti(ractor cnmwed ); r_vork i:,,mti e n al f ih its this lAgieelncni shall respund to clattrs vv;thit: Il,U it 'Inti ni.�� etri �. lxp(: i Cost Reimbursement Agreement i 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 hitless in writing and signed by authorized representatives of the parties hereto, The parties hereto expressly reserve the right to nwdify this Agreement,by mutual agreement. IN WIT-NESS WHFREOF,the parties have executed this Agreement by having their representatives affix their signatures below. Federal Way Police Department KING COUNTY SHERIFF'S OFFICE 7'4 Andy Hwang, Chief of Police Mitzi Jr�h1:, :l;x ktit, Sheriff 0 24 1,9 A/- ell, Date / Date Prigs 6 ol'6 August 11,2019 i I Verification Request Agency: King County WA Sheriffs Office Adminlslrator: King County Sheriff's Office RSCPhone: (206)263-2120 Date: 6/16/2016 Offender Information Offender Photo Name test,test Registration# 2353765 POB SSN DOB 01101/1990 Age 28 Alt Reg# Sex Orient Drv.Llc./State PHOTO NOT AVAILABLE Race Nat. No Selection FBI Height Halr State ID Weight Eyes Last Verified: Risk Type Date Comm. Aetivo Officer Alert LOOK HERE FOR OFFICER SAFETY INFORMATION Employment/School Name Address Supervisor Phone Residence (Bold-Primary Home Address) Street �{ I t A4as -- F Phone (Bold-Primary Contact'4umbars) Scars/Tattoos Number TV is &oscrllrtlon location Tylrt DeecriptlDn Vehicle Make Modul Calor Year Stals VIII Canimenls Offense Dalo RS CodoiDescriptfon Convicted Released Case# Crime Detalls I do hereby attest,under penalties of perjury,that any and all Information contained here Is current and accurate on this day or 2O Offender Signature: Officer Signature: date: Produced by OrrenderWald,•vAvw.walduyslnn,a.conl 4 i i i E I O t z � j � W WA ` z Q� HCN H o x Qom ¢ w z � P4w W d ❑ wiz W A U N �r f=, W Q O O x � oQ H A T4 o o �a❑ ❑ a Q � oV r� da V O AQOU z � F E� oovozo W O �i W •- N cn d CIO � a Q i EXHIBIT C Date Agency/OClicer Incident number . Witness Statement—Failure to Register f Suspect's Name: _ Suspect's Last Registered Address: + Witness' Name: I Witness's Home Address: I Witness' Home Phone Number Cell: Other: How do they know the suspect(please be as detailed as possible)? I *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? i 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? Ii 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? I 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___,__ ____________ _ date _ EXHIBIT D WASPC GRANT FILING i NON-DISCOVERABLE TO: KCPAO—Special Assault Unit—Seattle DATE: FROM: INCIDENT#: AGENCY: SUSPECT#1: � DOB: RACE: SEX: M ❑ F❑ FGT: 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 FILING OF CHARGES: -Comments: 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: COUNCIL MEETING DATE: September 17,2019 ITEM#: 5n ................ CITY 1- 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 Office (KCSO)? COMMITTEE: PRHS&PSC MEETING DATE: Sept. 10,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Lynette Allen, Chiefs 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: Cu mitt coun I 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 fo approval. " ommittee Chair Committee tuber CoI ttee Member PROPOSED COUNCIL MOTION: "I move to accept the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriff's Office and authorize the Chief of Police to execute said Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) C UNCIL ACTION: APPROVEr- RE:D�/N�0 COUNCIL BILL# DENIED 1sT reading TABLEDID ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# 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 hii pacts: 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$19,020.1 lfor 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