Loading...
AG 21-141 - KING COUNTY SHERIFF'S OFFICERETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Police Department 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 © OTHER Agreement 5. PROJECT NAME: KC RSO Overtime Cost Reimbursement Agreement 6. NAME OF CONTRACTOR: King County Sheriff's Office ADDRESS: W-150 King County Courthouse, 516 Third Avenue, Seattle, WA 98104 TELEPHONE 206-263-2122 E-MAIL: Tina.Keller@kingcounty.gov (Tina Keller, Project Manager) FAX: SIGNATURENAME: Mitzi Johanknecht TITLE Sheriff 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: July 1, 2021 COMPLETION DATE: June 30, 2022 9. TOTAL COMPENSATION $ Reimburse to the City up to $16,841.98 in Officer Overtime (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED OYES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: "I^ 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER © DIRECTOR Andy J. Hwang 07-19-21 ❑ RISK MANAGEMENT (IF APPLICABLE) LAW JE 07/21/2021 11. COUNCILAPPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'Dt ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG Q COMMENTS: 8118 - Please make sure to use the most updated agenda bill document for contracts in lawfonns. Your form was outdated. I made changes to match our current form. mp 2/2017 Cost Reimbursement Agreement 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 J. 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 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, 2021 and shall end on June 30, 2022 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 0 level I offenders, once every twelve months, of level II offenders, once every six months. 0 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, 2021. 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 June 26, 2021 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 10sh of the nionth following the billing period. Please note the following terms will be adhered to for the 2021-2022 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 ho.urs 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: 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 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, Page 3 of 6 June 26, 2021 Cost Reimbursement Agreement 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@kingeounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Sixteen Thousand Eight Hundred Forty One Dollars and Ninety Eight Cents ($16,841.98). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2022 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 Rine 26, 2021 Cost Reimbursement Agreement Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian Affairs fiords 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 in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. o 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 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 SO] f-is1surancc pro in work cantempla[ec! 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. Page 5 Of O June 26, 2021 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 A,r--7 Andy J. l twang, Chief of Police Date Page 6 of 6 KING COUNTY SHERIFF'S OFFICE Mitzi awl heriff Date June 26, 2021 EX4WT 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 Offender Photo Name test , test Registration # 2363765 POS SSN DOB 01/01/1990 Age 2e Alt Reg # Sex Orient Drv. 1-lc,/State Race Nat. No Selection FBI Height Hair State ID Weight Eyes Last Verified: Risk Type ❑ate 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 Descrilstlon Location Type Dosorlpllvn Vehicle Make Model Color Year License State VIN Comments Offense Date RS CodelDescrlptlon Convicted Released Case # Crime Details I do hereby attest, under penalties of perjury, that any and all Information contalned here Is current and accurate on this day of 20 Offender Signature: Officer Signature; Date: ProdUcad by orfandorWalch-\hwv.walchsyalama,corn I L, v �d 7 00 u �b 6 d H a OW• roll- EXHIBIT C Date Agency/Officer— Incident number Witness Statement — Failure to Register Suspect's Name: 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 When did the witness start seeing him/her 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 date COUNCIL MEETING DATE: September 21, 2021 ITEM #: 51 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 I 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. 14, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ,❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Andy J.Hwang, Chief of Police DEPT: Police Attachments: 1. Staff Report 2. KCSO Cost Reimbursement Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 7 `I IRECTOR APPROVAL: 7/Z�/Z/ 'Coil IWLce Cuuncil � Imhal COMMITTEE RECOMMENDATION: "I move to forward the proposed agreement to the September 21, 2021 consent agenda for approval. " 3� f � 4 � s�.��- ,�� S �,►� Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed agreement and authorize Chief of Police Andy J. Hwang to execute said agreement. Milli (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) APPROVED 10� C4lit COUNCIL BILL # DENIED First reading ❑ TABLED/DEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 14, 2021 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 for 2021-2022 Financial Impacts: There will be no negative impact to City funds or to the police department's operating budget. The revenue to the City for the King County Sheriffs Office (KCSO) Registered Sex Offender (RSO) Cost Reimbursement Agreement will be up to a maximum amount of $16,841.98 for officer overtime reimbursement. The overtime our officer(s) work will be billed to KCSO 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 Sheriffs Department to support the Federal Way Police Department's Registered Sex Offender (RSO) and Kidnapping Offender Address and Residency Verification Program. The grant will reimburse FWPD for overtime expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders, up to a maximum amount of $16,841.98. FWPD has participated in the King County RSO grant funding since at least 2009. FWPD will partner with the King County Government to implement multiple program elements to ensure sex offenders comply with current legal requirements.