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AG 20-542 - Washington State Patrol RETURN TO: Lieutenant Bryan Klingele(Police) EXT: 6878 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Police 2. ORIGINATING STAFF PERSON: Lieutenant Bryan Klingele EXT: 6878 3, DATE REQ.BY:Julys,2020 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#): A INTERLOCAL ❑ OTHER 5. PROJECT NAME: WSP Marijuana Eradication Grant 2020 6. NAME OF CONTRACTOR: Washington State Patrol ADDRESS: Attention Investigative Assistance Division PO Box 42634 Olympia,WA 985c4-2634 TELEPHONE (360)704-2422 E-MAIL:James.Prouty@wsp wa gov FAX: SIGNATURENAME: James Prouty TITLE Lieutenant 7. EXHIBITS AND ATTACHMENTS:© SCOPE,WORK OR SERVICES O COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES O PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: July 1,2020 COMPLETION DATE: September 30,2020 9. TOTAL COMPENSATION$$5,000 to the City of Federal Way (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:O YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: S 5,000 IS SALES TAX OWED BYES ONO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: G RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: NIA 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER _ ❑ DIRECTOR Hwang June,17 2020 ❑ RISK MANAGEMENT (1F APPLICABLE) _ ❑ LAW 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE- 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES,EXHIBITS E ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feet free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED ❑ LAW DEPARTMENT DK June 17,2020 ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK 6 ❑ ASSIGNED AG# A(,;; COMNlENi'S: ?/2017 COUNCIL MEETING DATE: July 21,2020 ITEM#: 5b- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL _ SUBJECT: WASHINGTON STATE PATROL(WSP)FOR MARIJUANA ERADICATIONX dW C) POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department accept a maximum of $5,000 from the Washington State Patrol for Marijuana Eradication 2020? COMMITTEE: PRHS&PSC MEETING DATE: July 14, 2020 CATEGORY: ® Consent ❑ Ordinance 0 Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:LIEUTENANT BRYAN KLINGELE DEPT: Police Attachments: 1. Staff Report 2. WSP Marijuana Agreement and Amendment Options Considered: 1. Accept the WSP Agreement and Amendment 2. Reject the WSP Agreement and Amendment MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: v �JI�+/,,[)IRECTOR APPROVAL: .,�Ao I cr:ruit e / unc:` Initial/Date Ini11n11I7dtC hututl/Date COMMITTEE RECOMMENDATION: I move to forward WSP Agreement to the July 21, 2020 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval to accept the WSP Agreement for Mar�uana Eradication, and authorize the Chief of Police to execute said agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) QUNCIL A4T10. APPROVE I �D`w- COUNCIL BILL# DENIED 1ST reading ❑ TABLED/DEFERRED/NO.ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-11/2016 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 14, 2020 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Washington State Patrol (WSP) Interagency Agreement for Marijuana Eradication 2020 Financial Impacts: The Washington State Patrol (WSP) is providing funding to local law enforcement agencies to support locating and eradicating illicit cannabis plants, unlawful marijuana grows located in unauthorized areas, and the prosecution of cases involving controlled substances. WSP will be awarding the Federal Way Police Department a maximum of S5,000 for the Marijuana Eradication 2020. Back„round Information: The Washington State Patrol received federal funding for marijuana eradication activities in FY 2020. This funding is generally used to secure pilots and aircraft for aerial observation that ultimately results in successful eradication of illegal marijuana crops. Due to the large number of unlawful marijuana grows being located in residential neighborhoods, WSP is allowing these funds to be used for the elimination of these unlawful marijuana grows. The Federal Way Police Department was contacted in the early part of September 2018 as our activities in eliminating illegal marijuana growing operations in our city have not gone unnoticed. An offer was made to reimburse the City up to $5,000 for labor, some equipment, and other associated costs. This grant will be used primarily to pay for the labor used to dismantle the large-scale marijuana grows located by the Federal Way Police Department. r WSP Contract No. WASHINGTON STATE PATROL K16086 INTERAGENCY AGREEMENT Marijuana Eradication 2020 Other Contract No. This Agreement is between the State of Washington, Washington State Patrol and the Public Agency identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, PUBLIC AGENCY NAME Statewide Vendor Registration Number Federal Way Police Department SWV# SWV0015957-01 Public Agency Location Address Public Agency Mailing Address (if different from 33325 8`Avenue South location) Federal Wav, WA 98003 Public Agency Contact Name Public Agency Contact Telephone Lieutenant Bryan Klin ele (253) 835-6878 (Desk) or (253) 4.55-0021 (Cell) Public Agency Contact E-mail Address Billing Contact (Name/Email) Bryan.K_linpele.Cbr iuyolrE-der:tl r.. ,y.com WSP CONTACT INFORMATION WSP Project Manager Name & Title WSP Project Manager Address Lt. James Prouty, Narcotics Commander Investigative Assistance Division PO Box 42634, Olympia WA 98504-2634 Telephone E-mail Address _(360 704-2422 James.Prout ws .wa. ov WSP Administrative/Contracts Contact Name &Title WSP Administrative Contact Address Rebecca Kirby, Budget and Fiscal Services Contracts Specialist PO Box 42602 Olympia WA 98504-2602 Telephone E-mail Address _(360 596-4071 Rebecca.Kirby@,,wsp.wa.gov FEDERAL ASSISTANCE INFORMATION fs the Public Agency a subrecipient of fede ..s i.,ance for the purposes of CFDA Number(s) this agreement? R Yes _ ❑ No_ See Exhibit B, State Trackit1g,Number Federal Grant Award Name Federal Grant Award Number Domestic Cannabis Eradication/Suppression— 2020-122 Is this agreement funded by a federal award for research and d_,ve .p enl? Federal Award Year ❑Yes ® No 2020 Agreement Start Date Agreement End Date Maximum Agreement Amount May 1, 2020 September 30; 2020 $5,000 This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Agreement and have the authorit to enter into this A reement. FOR THE WASHINGTON STATE PATROL: FOR THE PUBLIC AGENCY: VVSP Signature Date Public Agency Signature Daly F--I 2 A V-42---- — W_;::2) Prided %tn6 and f itie, Printed Name and Title John R. Batiste' Andy J. Hwang, Chief of Police APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 4/26/2011 WSP Interagency Agreementy Page 1 of 8 SOP WSP INTERAGENCY AGREEMENT (Continued) 1. Definitions. "Agreement" means this Interagency Agreement, including all documents attached or incorporated by reference. "Public Agency" means the entity performing services to this Agreement and includes the Public Agency's officers, directors, trustees, employees and/or agents unless otherwise stated in this Agreement. For the purposes of this agreement, the Public Agency shall not be considered an employee or agent of WSP. "WSP" means the State of Washington, Washington State Patrol, and its officers, directors, trustees, employees and/or agents. 2. Statement of Work. The Public Agency shall perform the services as set forth in Exhibit A, Statement of Work, which is attached hereto and incorporated herein. 3. Payment. WSP shall pay the Public Agency an amount not to exceed the Maximum Agreement Amount specified on Page 1 of this Agreement, minus any matching requirements held by the Public Agency as specified in this Agreement. 4. Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A, Statement of Work, for work performed to the satisfaction of the WSP Project Manager Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted not more often than monthly to the WSP Project Manager. The invoices shall describe and document to WSP's satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees and expenses. All invoices submitted for payment by the Public Agency shall reference WSP's agreement number and the Public Agency's Statewide Vendor registration number. The Public Agency shall submit the final invoice in accordance with Exhibit A, Statement of Work, Section 3, Reporting Requirements, of this agreement. 5. Agreement Alterations and Amendments. WSP and the Public Agency may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind WSP and the Public Agency. 6. Assignment. The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express written consent of the other party. 7. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws 8. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: The Chief of WSP shall appoint a member to the Dispute Board. The Public Agency shall appoint a member to the Dispute Board. The Chief of WSP and the Public Agency shall jointly appoint a member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding to all parties to this Agreement. As an alternative to this process and if WSP Interagency Agreement Page 2 of 8 WSP INTERAGENCY AGREEMENT (Continued) applicable, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 9. Indemnification. The Public Agency shall be responsible for and shall indemnify and hold WSP harmless for all claims resulting from the acts or omissions of the Public Agency and its subcontractors. WSP shall be responsible for and shall indemnify and hold the Public Agency harmless for all claims resulting from the acts or omissions of WSP and its subcontractors. 10. Independent Capacity. The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 11. Inspection; Maintenance of Records. During the term of this Agreement and for one year following termination or expiration of this Agreement, the Public Agency shall give reasonable access to the Public Agency's place of business and records to WSP and any other employee or agent of the State of Washington or the United States of America for the purpose of inspecting the Public Agency's place of business and its records, and monitoring, auditing and evaluating the Public Agency's performance and compliance with applicable laws, regulations, rules and this Agreement. During the term of this Agreement and for six years following termination or expiration of this Agreement, the Public Agency shall maintain records sufficient to document (i) performance of all acts required by statute, regulation, rule, or this Agreement; (ii) substantiate the Public Agency's statement of its organization's structure, tax status, capabilities and performance; and (iii) demonstrate accounting procedures, practices and records which sufficiently and properly document the Public Agency's invoices to WSP and all expenditures made by the Public Agency to perform as required by this Agreement. 12. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule the inconsistency shall be resolved by giving precedence in the following order to: Applicable federal and state law, regulations and rules; Exhibit A, Statement of Work, Exhibit B, State Tracking Number, Exhibit C, Cultivation Seizure Report, Exhibit D, NIDA Form - Univ. of Mississippi Any other provision of this Agreement; and Any document incorporated by reference. 13. Personnel. WSP officers performing work under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee, and shall perform duties required under this Agreement in a manner consistent with WSP policy and regulations, and applicable federal, state and local laws. The assignment of WSP personnel under this Agreement shall be at the discretion of the Chief of WSP or designee. WSP Interagency Agreement Page 3 of 8 WSP INTERAGENCY AGREEMENT (Continued) 14. Rights in Data. Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by WSP. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyrights, patent, register, and the ability to transfer these rights. 15. Savings. In the event that funds WSP relied upon to establish this Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, WSP may immediately terminate this Agreement by providing written notice to the Public Agency. This termination shall be effective on the date specified in the notice of termination. 16. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 17. Single Audit Act Compliance. If the Public Agency is a subrecipient of a federal award as identified on Page 1 of this Agreement, the Public Agency shall comply with Office of Management and Budget (OMB) Circular A-133, Audits of States. Local Governments and Non-Profit Organizations. 18. Statewide Vendor Payment Registration. The Public Agency is required to be registered as a Statewide Payee prior to submitting a request for payment under this Agreement. The Washington State Office of Financial Management (OFM) maintains the Statewide Payee Registration System; to obtain registration materials go to: https.//ofm wa.0Dov/it-systeins/statewide-yencJot-l)ayee-5E,,ryices 19. Subcontracting. Except as otherwise provided in this Agreement, the Public Agency may subcontract for any of the services provided under this Agreement with the prior, written approval of WSP. The Public Agency shall be responsible for the acts and omissions of any subcontractor. 20. Termination. Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) calendar days written notification. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination 21. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by an authorized representative of the party and attached to the original Agreement. WSP Interagency Agreement Page 4 of 8 EXHIBIT A STATEMENT OF WORK 1. Purpose. There is evidence that trafficking in controlled substances exists and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Washington. The purpose of this Agreement is to provide funding to local law enforcement agencies to support the locating and eradication of illicit cannabis plants, and the investigation and prosecution of cases involving controlled substances before state and federal courts in the State of Washington. 2. Statement of Work. The Public Agency, with its own law enforcement personnel and employees, shall perform activities supporting the locating and eradication of illicit cannabis plants, such as: a. Gathering and reporting intelligence data relating to the illicit possession and distribution of marijuana, including information on individuals arrested, weapons seized, plants removed, location of gardens, and techniques used. b. Investigating and charging individuals involved in the domestic production of marijuana. Investigations should seek to identify and charge criminal organizations involved in the illicit production of marijuana. c. Providing, upon request, case-specific information to the Pacific Northwest High-Intensity Drug Trafficking Area (HIDTA) analyst designated by HIDTA to support marijuana investigations statewide. Case-specific information provided to this analyst will be handled in accordance with Western Information System Network (WSIN) policy. Whenever appropriate, the Public Agency will utilize HIDTA intelligence analysts; these analysts support the criminal investigation process by providing direct support as an investigation unfolds, conducting data analysis and research. The value of these services is also found in the technology HIDTA uses to produce analytical charts and graphs depicting all aspects of an investigation. d. Providing law enforcement personnel staffing for illicit marijuana eradication within the State of Washington. e Arresting and bringing to prosecution defendants charged with the violation of controlled substances laws. f. Submitting cultivation forms for each grow operation seized to the WSP research analyst. g. Sending required samples of eradicated marijuana to the National Institute on Drug Abuse (NIDA) Marijuana Potency Monitoring Program, at the University of Mississippi. 3. Reporting Requirements. a. Financial Reports. The Public Agency shall submit monthly billing and financial reports to the WSP Project Manager on Page 1 of this Agreement using the current 'DCESP ReimbUrsement Spreadsheet. Monthly reports are due by the 15th of the following month. The current DCESP Spreadsheet will be emailed to the designated Billing Contact the Public Agency indicates on Page 1, Billing Contact Section. WSP shall not reimburse the Public Agency for any activity or associated cost that has not been identified in a Public Agency's monthly report. All reports and billings must be received by WSP no later than September 30,_ 020, for all reimbursable activities during the period of performance for this Agreement. b. Marijuana Cultivation Seizure Reports. The Public Agency shall report all seizures to the WSP Project Manager on Page 1 of this Agreement, utilizing the Marijuana Cultivation Seizure Report form (attached and incorporated herein as Exhibit C) for each gardei�seized within 48 hours of the WSP Interagency Agreement Page 5 of 8 seizure. Seizure Reports are to be submitted to the following email: DCESP.MJ swi--rires!r!vvsp Awa gov GPS coordinates are desired for all grow locations and are re_quired for outdoor grow locations. Indoor grow locations require physical addresses and, if available, GPS coordinates. c. Cannabis Potency Momtoring Program Reports. The Public Agency shall send required samples of eradicated marijuana to the National Institute on Drug Abuse (NIDA) Marijuana Potency Monitoring Program at the University of Mississippi. Each recipient agency will submit a rninimum of fOUr samples utilizing the form and instructions (attached and incorporated herein as Exhibit D). Potency monitoring is critical for monitoring the increasing potency of marijuana produced in the United States. 4. Allowable Costs. a. Agreement funds may be used to reimburse the Public Agency for the following without prior approval by WSP: 1) Law enforcement officer(s) overtime salaries during the time they are engaged in activities directly supporting the program. Fringe benefits associated with oveibme salaries are no longer allowable. 2) Mileage, subsistence and lodging costs for law enforcement officers during the time they are engaged in the eradication process or attending associated training and planning meetings. All mileage, subsistence and lodging costs shall be reimbursed at current State of Washington travel reimbursement rates. b. Agreement funds may be used to reimburse the Public Agency for the following if approved in advance by_the WSP Project Manager: 1) Rental, leasing, maintenance and operation costs for equipment used directly for marijuana eradication. All aircraft used pursuant to this Agreement shall meet all applicable Federal Aviation Administration rules and regulations. 2) Purchases of equipment used directly for marijuana eradication. The Public Agency shall request approval of the purchase in advance by WSP in a detailed letter or email to the WSP Project Manager identified on Page 1 of this Agreement. Details shall include type and quantity of equipment, the cost of equipment, requested reimbursement amount and how this equipment supports your marijuana eradication efforts. The authorization request letter or email to the Project Manager must be received by the WSP no later than June 30. 2020. The WSP shall return a letter or email to the Public Agency granting or denying authorization. The Public Agency must attach a copy of the equipment vendor's invoice and/or packing slip to its billing submitted to WSP for reimbursement of equipment costs. c. The Public Agency shall expend all Agreement funds no later than September 30, 2020. 5. Unallowable Costs. Reimbursement to the Public Agency under this Agreement is limited to those cost items identified in Section 4, Allowable Costs. Additionally, the use of Agreement funds is expressly prohibited for defraying the costs related to herbicidal eradication of marijuana without the written consent of WSP in advance. The Public Agency understands and agrees that Federal funds will not be used to perform any of the following functions: (i) issuing licenses, permits, or other forms of authorization permitting the holder to manufacture, distribute, sell, or use marijuana in contravention of the CSA; (ii) conducting ancillary activities related to the issuance of such licenses and permits, such as background checks on applicants; (iii) collecting state or local tax or licensing revenue related to the manufacture, distribution, or sale of marijuana in contravention of the CSA; (iv) preparing or issuing regulations governing the manufacture, distribution, sale, or possession of marijuana in contravention of the CSA; or (v) monitoring compliance with state or local laws or regulations that permit the manufacture, distribution, sale, or use marijuana in WSP Interagency Agreement Page 6 of 8 contravention of the CSA. The result of expended funds (e.g. equipment, supplies and other resources) must be directly related to and must only be used for marijuana eradication activities. 6. Use of Funds by Other Law Enforcement Agencies. The Public Agency may elect to use Agreement funds to reimburse other law enforcement agencies for their marijuana eradication efforts. If Agreement funds are used in this fashion, the Public Agency remains responsible for ensuring all costs submitted for payment by other law enforcement agencies are allowable under this Agreement. The Public Agency must also report the activities of other law enforcement agencies reimbursed under this Agreement in the Public Agency's monthly report to WSP. 7. Reallocation of Funds. As expeditiously as possible, the Public Agency shall notify the WSP Project Manager if the Public Agency will not be able to expend any portion of funds provided under this Agreement. Subject to the Agreement Alterations and Amendments section of this Agreement, WSP shall reallocate unexpended funds to other law enforcement agencies that have demonstrated a need for additional funding. 8. Hold Harmless. In addition to the Indemnification section of this Agreement, the Public Agency shall hold the U. S. Drug Enforcement Administration, its agents and employees, and the United States Government harmless from any and all claims, demands, suits, liabilities and cases of action, or whatever kind and designation, and where-ever located in the State of Washington, resulting from activities funded through this Agreement. 9. Certifications. The Public Agency shall execute and return to WSP the OJP Form 4061/6, Certifications RecL, c7 Lobbying; Debarment. Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The Public Agency acknowledges that this Agreement shall not take effect and that no funds shall be reimbursed until the completed OJP Form 4061/6 is received by WSP. 10. Equipment Management. The Public Agency shall comply with the property management requirements contained in the Financial Guide published by the Office of Justice Programs, U.S. Department of Justice, concerning the use, tracking/inventory, and disposition of any equipment purchased with Agreement funds. WSP Interagency Agreement Page 7 of 8 EXHIBIT B STATE REPORTING TRACKING NUMBER The Domestic Cannabis Eradication/Suppression Program (DCE/SP), DEA does not have an assigned Catalog of Federal Domestic Assistance (CFDA) number. Audits can be conducted without a CFDA number. The auditor must send an email to the Federal Audit Clearinghouse erdJac,�census gov with their agency's name and EIN number and the information will be forwarded to them. In conjunction with the beginning date of the award, the audit report period of the WSP under the single audit requirement is FY20 (10/1/19 — 9/30/20). NOTE: The WSP receives the funds for this program from the Drug Enforcement Administration (DEA) through a Letter of Agreement (LOA) which is a reimbursable agreement, not a grant; therefore for purposes of the DCE/SP, DEA requires an audit completed regardless of the threshold amount listed in 2 CFR 200. WSP Interagency Agreement Page 8 of 8 U.S DEPARTMENT OF JUSTICE _0 OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352,Title 31 of the U.S.Code, and public(Federal, State, or local)transaction or contract under a Public transaction;violation of Federal or State antitrust statutes implemented at 28 CFR Part 69,for persons entering into a or commission grant or cooperative agreement over$100,000, as defined at bribery,falsification embezzlement, theft, forgery, on or destruction of records, making false 28 CFR Part 69,the applicant certifies that: statements, or receiving stolen property; (a) No Federal appropriated funds have been paid or will be (c)Are not presently indicted for or otherwise criminally or paid, by or on behalf of the undersigned, to any person for in- civilly charged by a governmental entity(Federal,State, or fluencing or attempting to influence an officer or employee of any local)with commission of any of the offenses enumerated in agency, a Member of Congress, an officer or employee of paragraph (1)(b) of this certification; and Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into (d) Have not within a three-year period preceding this applica- of any cooperative agreement, and the extension, continuation, tion had one or more public transactions(Federal, State,or renewal, amendment, or modification of any Federal grant or local)terminated for cause or default;and cooperative agreement; B.Where the applicant is unable to certify to any of the (b) If any funds other than Federal appropriated funds have statements in this certification, he or she shall attach an been paid or will be paid to any person for influencing or at- explanation to this application. tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this 3.DRUG-FREE WORKPLACE Federal grant or cooperative agreement, the undersigned shall (GRANTEES OTHERTHAN INDIVIDUALS) complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988, and (c)The undersigned shall require that the language of this cer- implemented at 28 CFR Part 67, Subpart F,for grantees, as tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620— at all tiers(including subgrants,contracts under grants and A.The applicant certifies that it will or will continue to provide cooperative agreements, and subcontracts)and that all sub- a drug-free workplace by: recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession,or 2.DEBARMENT,SUSPENSION,AND OTHER use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against RESPONSIBILITY MATTERS employees for violation of such prohibition; (DIRECT RECIPIENT) (b) Establishing an on-going drug-free awareness program to As required by Executive Order 12549, Debarment and inform employees about— Suspension, and implemented at 28 CFR Part 67,for prospec- (1)The dangers of drug abuse in the workplace; tive participants in primary covered transactions, as defined at (2)The grantee's policy of maintaining a drug-free workplace; 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and its principals: (3)Any available drug counseling, rehabilitation, and employee assistance programs;and (a)Are not presently debarred, suspended, proposed for debar- (4) The penalties that may be imposed upon employees for ment, declared ineligible, sentenced to a denial of Federal drug abuse violations occurring in the workplace; benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department (c) Making it a requirement that each employee to be engaged or agency; in the performance of the grant be given a copy of the state- (b) Have not within athree-year period preceding this applica- ment required by paragraph (a); tion been convicted of or had a civil judgment rendered against (d) Notifying the employee in the statement required by para- them for commission of fraud or a criminal offense in connec- graph (a)that, as a condition of employment under the grant, tion with obtaining, attempting to obtain,or performing a the employee will— OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4061/3 AND 406114 WHICH ARE OBSOLETE. (1)Abide by the terms of the statement; and Federal Way Police Department 33325 8th Avenue South (2) Notify the employer in writing of his or her conviction for a Federal Way, WA 98003 violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Check ❑ if there are workplaces on file that are not indentified (e) Notifying the agency, in writing,within 10 calendar days here. after receiving notice under subparagraph(d)(2)from an Section 67, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal Employers of convicted employees must provide notice, including fiscal year.A copy of which should be included with each ap- position title,to: Department of Justice, Office of plication for Department of Justice funding. States and State Justice Programs,ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7. N.W.,Washington,D.0 20531. Notice shall include the iden- tification number(s) of each affected grant; Check ❑ if the State has elected to complete OJP Form (f)Taking one of the following actions,within 30 calendar 4061/7. days of receiving notice under subparagraph (d)(2),with respect to any employee who is so convicted— DRUG-FREE WORKPLACE (1)Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS) employee, up to and including termination, consistent with the As required by the Drug-Free Workplace Act of 1988,and requirements of the Rehabilitation Act of 1973, as amended; or implemented at 28 CFR Part 67, Subpart F,for grantees, as (2) Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67; Sections 67.615 and 67.620— drug abuse assistance or rehabilitation program approved for A.As a condition of the grant, I certify that I will not engage such purposes by a Federal, State, or local health, law enforce- in the unlawful manufacture,distribution, dispensing, posses- ment, or other appropriate agency; sion, or use of a controlled substance in conducting any (g) Making a good faith effort to continue to maintain a drug- activity with the grant; and free workplace through implementation of paragraphs(a), (b), B. If convicted of a criminal drug offense resulting from a (c), (d), (e), and (f), violation occurring during the conduct of any grant activity, I B.The grantee may insert in the space provided below the will report the conviction, in writing,within 10 calendar days site(s)for the performance of work done in connection with of the conviction,to: Department of Justice, Office of Justice the specific grant: Programs,ATTN: Control Desk, 810 Seventh Street NW., Place of Performance(Street address, city,county, state,zip Washington, DC 20531. code) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Federal Way Police Department 91-1462550 2.Application Number and/or Project Name 3. Grantee IRS/Vendor Number Andy J. Hwang Chief of Police 4.Typed Name and Title of Authorized Representative 5.Signature 6. Date U.S.Government Printing Office:1996- 405-037/40014 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract �. ia. bid/offer/application a. initial filing b. grant - -b. initial award - b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name ❑ Prime ❑Subawardee and Address of Prime: Tier , if known Congressional District, if known Congressional District, if known. 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): 11Information requested through this form is authorized by title 31 U.S.0 section .1352. This disclosure of lobbying activities is a material representation of fact Signature: upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352, This Print Name: information will be reported to the Congress semi-annually and will be available for public inspection Any person who fails to file the required disclosure shall be Title: subject to a civil penalty of not less that$10,000 and not more than$100,000 for each such failure. Telephone No., Date: Federal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev.7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,ora material change to a previousfiling,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employeeof Congress,or an employeeof a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action 2 Identify the status of the covered Federal action 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitation for Bid (I FB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.,'RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503.