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01-11-2022 PRHSPSC PacketCity of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee January 11, 2022 5:00 p.m. Remote MEETING AGENDA Notice: Pursuant to Governor Inslee's Proclamation 20-28, this meeting will be held remotely with public attendance and participation available as follows: Click Here to Watch Online Live Streaming Video of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 691 054 979 Sign -Up* here to give citizen comment during the meeting (via calling -in) Click Here to submit written comments to the PRHSPS Committee Meeting Watch from the Zoom mobile app with meeting: 691054979 and password: 442570 To ensure your comments are received and processed your request must be submitted at least 1-hour prior to the start of the meeting 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page Action Council A. Approval of November 15, 2021 Minutes B. Arts Commission 2022 Work Plan C. Arts Commission 2022 Contract for Services D. Jail Services Contract - Puyallup City Jail E. Washington State Department of Commerce Grant Committee Members Linda Kochmar, Chair Lydia Assefa-Dawson Greg Baruso or Info Date 3 Action N/A Geddes 5 Action Consent 1/18/22 Geddes 9 Action Consent 1/18/22 Hwang 13 Action Consent 1/18/22 Hwang 25 Action Consent 1/18/222 City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2022\01-11-2022 Agenda Revised.doc Topic Title/Description Presenter Page Action Council or Info Date F. Public Safety Testing Subscriber Agreement — Hwang 77 Action Consent Amendment #1 1/18/22 G. 2022 Diversity Commission Work Plan Bridgeford 83 Action Consent 1/18/22 4. OTHER 5. FUTURE MEETING: The next PRHSPS meeting will be February 8, 2022 at 5:00 p.m. 6. ADJOURNMENT The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.citvoffederalway.com. Committee Members Linda Kochmar, Chair Lydia Assefa-Dawson Greg Baruso City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2022\01-11-2022 Agenda Revised.doc City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, November 15, 2021 5:00 p.m. SUMMARY Committee Members Participating Via Zoom: Chair Kochmar, Committee members Baruso and Assefa-Dawson Council Member Participating Via Zoom: Council President Honda Staff Members Participating Via Zoom: Joanna Eide, City Attorney, Deputy Chief Stephan Neal, John Hutton, Parks Director, Jason Gerwen, Parks Deputy Director and Mary Jaenicke, Administrative Assistant II. Guest Via Zoom: Fire Chief Vic Pennington, South King Fire District Chair Kochmar called the meeting to order at 5:01 pm Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Assefa-Dawson motioned to approve the October 12, 2021 minutes as written. Chair Kochmar seconded. Motion passed. South King Fire District — Information Only Chief Pennington provided an update on what has been happening with SKFD. They are getting a new fire boat and four new fire engines. Fire Station 65 is being remodeled for safety and seismic upgrades. Firefighters will be transitioning away from the Covid Center at the Aquatic Center to the Auburn testing site. The Federal Way site will remain as a testing site and will be staffed by the Franciscan group. They are also in the process of hiring ten additional Firefighters. Calls for service are up 12% over what they were last year. Police Gate Replacements — City Hall Bid Acceptance Staff Gerwen provided the background information. The total cost for the police gate replacement is $54,499.50. John R. Leskajan, LLC dba Tacoma Iron Works was the lowest responsible bidder. Committee member Assefa-Dawson moved to forward the bid acceptance and authorization to execute the contract for the Police Gate Replacement at City Hall to the December 7, 2021 consent agenda for approval. Committee member Baruso seconded. Motion passed. Puget Sound Energy Electrical Easement Staff Gerwen provided the background information. Lakehaven Utility District is working to construct a new pump station off of 359"' Street on City owned "Spring Valley Open Space Property". This will. replace an existing older pump station on the same property. The original easement was granted in 1986. The granting of the easement and the relocation of the electrical equipment onto City Parks property will have no impact to the property's current use or functions. Committee member Baruso moved to forward the proposed PSE Electrical Easement to the December 7, 2021 consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Jail Services Contract Amendment — SCORE Jail Deputy Police Chief Neal provided the background information. The Department entered into an agreement with SCORE Jail in 2021 for three beds as a contract service. They would like to amend the K:\PRHSPS Committee\2021\11-15-2021 Minutes.doc 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, November 15, 2021 Summary Page 2 contract for seven guaranteed beds. The current Puyallup Jail Agreement has been cancelled because they were paying for guaranteed beds that were not being used. There will be a new contract with Puyallup so they can continue to utilize the jail when necessary, but there will not be any guaranteed beds: Committee member Assefa-Dawson moved to forward the proposed SCORE contract amendment to the December, 2021, consent agenda for approval. Committee member Baruso seconded. Motion passed. Purchase of Electric Motorcycles Deputy Chief Neal provided the background information. There are many advantages to moving to electric motorcycles. They are smaller in size, have better acceleration and nimble maneuverability compared to regular patrol vehicles. These particular motorcycles can travel throughout the city and trails and will allow the officers to travel around the city more readily and be as green as possible. Each motorcycle costs $24,019.30 and they would like to purchase two of them. They will evaluate them after six months. The funding for these motorcycles will come from the drug asset forfeiture funds. These will not replace the regular motorcycles. Committee member Baruso moved to forward the police department's proposal to purchase electric motorcycles to the December 7, 2021, consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Agreement Between the Washington Traffic Safety Commission (WTSC) and the Federal Way Police Department and the Federal Way Police Department to Provide Grant Funding for Traffic Enforcement Deputy Chief Neal provided the background information. The total amount of this grant is $14,900.00. The purpose of this grant is used for emphasis on impaired driving, speeding, motorcycle safety and distracted driving enforcement. The department receives this grant every year from the WTSC. Committee member Assefa-Dawson moved to forward the proposed agreement and grant fund acceptance to the December 7, 2021 consent agenda for approval. Committee member Baruso seconded. Motion passed. Amendment to the Pierce Transit Extra Duty Police Service Agreement Deputy Chief Neal provided the background information. The City entered into an agreement with Pierce County Transit in 2018 for Federal Way police officers to work extra duty at the Transit Station and other areas in the City as needed. The department is asking to amend the agreement for extra duty police services. There is an increase in the amount of reimbursement; the current overtime rate is $76.63 and will be increased as needed by the same percentage of pay increase in the Federal Way Police Guild bargaining agreement with the City. Committee member Baruso moved to forward the proposed Amendment to the December 7, 2021. Committee member Assefa-Dawson seconded. Motion passed. Other Committee Chair Kochmar thanked Council member Baruso for all of his hard work on behalf of the citizens. Council member Baruso thanked Council, committee members and staff for everything. NEXT REGULAR MEETING January 11, 2022 ADJOURNMENT Meeting adjourned at 5:40 p.m. 4 COUNCIL MEETING DATE: January 18, 2022 ITEM N: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION 2022 WORK PLAN POLICY QUESTION: Should the City Council approve the 2022 Arts Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: January 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT Bv: Cow Geddes,, Recreation Manager — DEPT: Parks Attachments: 1. Staff Report 2. 2022 Arts Commission Work Plan Options Considered: 1. Approve the proposed 2022 Arts Commission Work Plan. 2. Do not approve proposed 2022 Arts Commission Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL' (6 DIRECTORAPPROVAL: la L cnm a lJ" ca mina e minawac msiaima COMMITTEE RECOMMENDATION: I move to forward the proposed 2022 Arts Commission Work Plan to the January 18, 202Z consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2022 Arts Commission Work Plan." BELOW To BE COMPLETED B Y CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCILIBLEN ❑ DENIED First reatling ❑ TABLEDMEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinancas only) ORDINANCE s REVISED - 42019 RESOLUTION S CITY OF FEDERAL WAY MEMORANDUM DATE: 12/ 14/2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: Arts Commission — Work Plan 2022 Financial Impacts: The Arts Commission Work Plan does not have a direct flnanciai impact. Background Information: The Arts Commission Work Plan sets the priorities and projects for the Arts Commission for the coming year. At the December 2, 2021, meeting, the Arts Commission reviewed and voted to approve this workplan to guide them in 2022. 6 Rev. 7/ 18 x t E @ d U T @ o T O b E m E d Y i Y > T N 'C AGO � hiv m N oop@mm .a .� w eta ma 5 Imo @ F o of o E`p$ _ 88 -`mog UgE Maw m EE S5 4;C o m Cm �E anm 0 ayOy.dER{ dE 5cm mx d go N EmE UmA�-Ed 2 E°iq LC{�Yw� U,q � @_ nd dW EO a Nn NC YI�y C €O �i nga@ NE i`o3a HC °m`� mnEm C ', � Nd°UCL EaC 21. o %dyy'c yy� d dAd¢ 0a. of d � -R. 20 O''Uwo r2` mmn mmaEud �$y K@dwn q2 m @i F°EmdOn 2'2 0 UWm65 Amv>ti m Lp iT ry a- & a 9m rno on.. 'i � .�E c. ¢LL a@ �m E E'peHa d�� a � ''C �a W� aE N mCai E ¢ m.. R.Em K o U@'o 00 E 3 o5 IE fO dm.0 ode- N S E N Q Nx V NQ MLLa Q m ry m E c 0. E0 U V O a E o U a x y°% d E u E �U E @ E O U U U @ U 0 y 7 a Q T E C Q ]' (a O C O m o O O c E c ai (D Y c E c Y c Y > O Y U Y Y � Y o > U c ai > > (D U) Y cn ` Ocn c m N E CL CL cn = p f6 10 .-. N c0 c Q O p O j O = 7 0 N .o CL L d u0 Z) C (0 . c3 U O_'C w m 'O O. 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COMMITTEE: PRHSPS MEETING DATE: January 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: CodyGeddes, Recreation Mana er DEPT: Parks ---.... --— '-------8—'--..__ _.__.. _-....._ .......—. Attachments: 1. Staff Report 2. 2022 Arts Commission Contract for Services Funding Recommendations Options Considered: 1. Approve the proposed 2022 Arts Commission Contract for Services Funding Recommendations. 2. Do not approve proposed 2022 Arts Commission Contract for Services Funding Recommendations and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Wl,,1/,1,/0/ (S9 DIRECTOR COMMITTEE RECOMMENDATION: I move to forward the proposed 2022 Arts Commission Contract for Services Funding Recommendations to the January 18, 2022, consent agenda for approval. Committee Char Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2022 Arts Commission Contract for Services Funding Recommendations. " /BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCILACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED Pint eading ❑ TABLEDMEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances w(y) ORDINANCE # REVISED- 4R019 RESOLUTION CITY OF FEDERAL WAY MEMORANDUM DATE: 12/14/2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: Arts Commission — Contract for Services 2022 Financial Impacts: Arts Commission Contract for Services was included within the approved budget under the Parks and Recreation Budget 001-7200-352-573-23-410. In accordance with the approved budget, this item is funded in the amount of $42,500 from the General Fund. This has been a similar amount annually for the last ten years Background Information: Contract for Services is a grant program for local arts group in Federal Way. Arts groups must perform in Federal Way to be eligible. Examples of funding support are Federal Way Symphony performances, art work at South King County Tool Library, and Rosebud Children's Theatre performances. Each Contract for Service group submits an application and a grant request to be considered for grant funding. All groups are assigned an interview time with the Arts Commission and present their grant requests. The Arts Commission uses that the application and interview information to determine the funding amounts for each group within the Commission's allotted budget. 10 Rev. 7/18 r)! !! r! !!!| ! ! !! ! !! \! ]!! |! !! !!!\ ! ! !! ! !! f! ;!!} !4!§ Q!p#R!! ■R |�! ! ! # # ■ ■ # � § | !]|; ,< ! | {\| . , �• ,. ! � ! • 11 CIT Federal Way Centered on opportunity This page was intentionally left blank. 12 COUNCH. MEETING DATE: ITEM N: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT- PUYALLUP CITY JAIL POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department enter into a new agreement with the Puyallup City Jail? COMMITTEE: PRHS&PSC MEETINGDATE: Januaryl 1, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Curtis Tucker, Jail Coordinator _ _ DEFT: Police Attachments: 1. Staff Report 2. Puyallup Jail Service Agreement Options Considered: 1. Approve the proposed agreement and authorize execution of the contract. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYORAPPROVAL: COMMITTEE RECOMMENDATION: Intone ro forward the proposed agreement to the January 18, 2022, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed agreement and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY C/TY CLERK'S OFFICE) COUNCILACTION: ❑ APPROVED COUNCILBILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED -122012 - RESOLUTION# 13 CITY OF FEDERAL WAY MEMORANDUM DATE: January 11, 2022 TO: Federal Way City Council VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Puyallup City Jail Financial Impacts: By changing our Puyallup contract from a guaranteed 3 bed to an "as -needed" bed rate, it will potentially save us $137,000 a year (2022 rate). Due to its location and prisoner restrictions, last year, we only used the facility 44 times. This savings would be put towards the SCORE contract for the additional beds. Background Information: In 2020, we separated from SCORE Jail as an Owner City because the financial burden became unsustainable. Puyallup City Jail was chosen as one of the replacement facilities with a 3 guaranteed bed contract. In the two years that we have used the facility, our booking patterns have indicated that it isn't being used enough to justify the number of beds that we are "pre -paying" for. Many reasons were identified to include; restrictions on prisoners that can be booked -due to mental illness/injury, the time spent booking due to their limited staffing, and requirement of picking up prisoners released during off hours of the transport units. In 2021, a contract was started with SCORE for 3 guaranteed beds. Given the increasing number of prisoners with mental health issues, we are relying on SCORE to accept them at initial booking, when the smaller jails would refuse. We are averaging 14 beds a day at SCORE, with half of them classified as Mental Health. We have proposed to increase the bed count at SCORE to 7 to better reflect our yearly booking average (8.1). Puyallup has agreed to keep a "zero bed" agreement in place to provide us an option if our current facilities get full once the courts have returned to full service. We would pay $158 per day (2022 rate). 14 Rev. 7/18 INTERAGENCY AGREEMENT BETWEEN THE CITY OF PUYALLUP, WASHINGTON AND CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE PUYALLUP CITY JAIL This agreement is between the City of Puyallup, a municipal corporation of the State of Washington (hereinafter "Puyallup") and the City of Federal Way, a municipal corporation of the State of Washington (hereinafter "Federal Way"). Rteitais WHEREAS, RCW 39.34 and RCW 70.48, allows local governmental units to make the most efficient use of their powers by enabling them to cooperate and enter agreements with each other for providing jail services; and WHEREAS, Federal way wishes to designate the Puyallup Jail as a place of confinement for the incarceration through the use of three (3) guarantee beds; and WHEREAS, in an effort to streamline administrative procedures and ensure that the daily rate of $125.28 for three guarantee non -gender specific beds to house inmates at the Puyallup Jail is consistent with the current operating costs, it is necessary to enter into a standardized interagency agreement; and WHEREAS, the governing bodies of each of the parties hereto have decided to enter into this Agreement as authorized by RCW 39.34, RCW 70.48 and other Washington law, as may be amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable considerations, the parties hereto agree as follows: Agreement 1. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the applicable laws and administrative rules and regulations of the State of Washington shall control. Any actions, suit, or judicial or administrative proceeding for the enforcement of this agreement shall be brought and tried in the Federal or Superior Court for the State of Washington in Pierce County. 2. EFFECTIVE DATE This Agreement shall be effective on January 1, 2021 and this document has been listed on Puyallup's website in accordance with RCW 39.34.040. This Agreement shall be in place for one (1) year with automatic one (1) year renewals for each year after unless terminate in compliance with section 3 of this agreement. 14 3. TERMINATION (a) By either party. This Agreement may be terminated at any time by written notice from either party to the other party delivered by regular mail to the contact person identified in §4, provided that termination shall become effective sixty (60) calendar days after receipt of such notice. Notice will be presumed received 3 working days after the notice is posted in the mail. Within said sixty (60) days, Federal Way agrees to remove its inmates(s) from the Puyallup Jail. (b) In the event of termination of this Agreement for any reason, Federal Way shall compensate Puyallup for inmates housed by the Puyallup Jail after notice of termination until Federal Way retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated and the provisions of this Agreement, including by way of illustration and not limitation, §24 Indemnity, shall remain in force until such time as all inmates from Federal Way have been retaken. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Puyallup: Chief of Police Puyallup Police Department 311 W Pioneer Puyallup, Washington 98371 Contact: Corrections Lieutenant City of Federal Way: Chief of Police Federal Way Police Department 3325 Bch Ave South Federal Way, WA 98003 Contact: Commander Kurt Schwan 5. COMPENSATION a) Guaranteed Bed Rate. Puyallup agrees to accept and house one (1) female inmate and two (2) male inmates at the daily guaranteed bed rate of $125.28 per bed per day. The guaranteed rate is limited to the first three (3) contracted beds by Federal Way. This rate shall be paid for each bed and each day that this agreement is in place whether or not the beds are used by Federal Way. b) Non -Guaranteed Bed Rate. Federal Way may purchase beds, as available, at the daily rate of $158.28 per bed per day. However, Puyallup shall have the right to refuse to accept custody or house Federal Way inmates in excess of Federal Way's guaranteed bed commitment. 1 �' c) Administrative Booking Rate. Puyallup will authorize Federal Way Police Officers to transport misdemeanor level suspects to its jail for administrative booking. Administrative booking shall include booking suspects into the jail pursuant to Puyallup Jail policies and standard operating procedures and detaining those suspects until booking information, including fingerprints and photographs, are obtained. Following the booking process, suspects shall be transported by Federal Way Officers back to the City of Federal way where they will be released. As compensation for the administrative booking services, Federal Way shall pay Puyallup sixty-two dollars ($62.00) for each administratively booked individual. Any other costs associated with the administrative booking process shall be the sole responsibility of the City of Puyallup. d) Bed Rate and Administrative Booking Rate will be increased at a rate of 100% of the Seattle -Tacoma -Bellevue CPI-U first half index for the year prior with a minimum of 0% to a maximum of 2.25%. The rate increase will occur on January 1 of each year unless otherwise negotiated and agreed by the parties. (For example, the 2022 Seattle -Tacoma -Bellevue CPI-U first half index will set the amount of the January 1, 2023 increase to Bed Rate and Administrative Booking Rate.). e) Billing and Pa my_ ent_Puyallup agrees to provide Federal Way with an itemized bill listing all names of inmates who are administratively booked or housed, the number of days housed (including date of booking and date of releases), and the dollar amount due for each. Puyallup agrees to provide said bill by the last day of each following month. Federal Way agrees to make payment to Puyallup within 3 0 days of receipt of such bill for the amount billed for the previous calendar month. 6. SERVICES PROVIDED Puyallup agrees to provide jail services or administrative booking for gross misdemeanor/misdemeanor inmates for those offenses that have been committed by adults within Federal Way's jurisdiction. 7. Bookin Inmates shall be booked pursuant Puyallup's booking policies and procedures. Inmates transported by Federal Way that are not acceptable at booking, will be the responsibility of Federal Way to transport back to Federal Way. Pursuant to RCW 70.48.130, and as part of the booking procedure, Puyallup shall obtain general information concerning the inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which the inmate is entitled. The information is to be used for third party billing. 8. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Puyallup to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for inmates' physical needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special i� privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Puyallup, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Puyallup shall provide facilities for consultation and communication between inmates and their legal counsel. It shall also be the responsibility of Puyallup to calculate "good time" accrued in and subsequent release of the inmate in accordance with the Puyallup's standard practice and procedure. Federal Way agrees to be bound by Puyallup's standard practice and procedures related to inmates housed in the Puyallup Jail. 9. RIGHT TO REFUSAL To the greatest extent permitted by law, Puyallup shall have the right to refuse to accept Federal Way inmates or to return a Federal Way inmate to Federal Way if in the judgment of Puyallup, the inmate has a current illness or injury which may adversely affect the operations of the Puyallup Jail, has history of serious medical problems, presents a substantial risk of escape, or „1'PQ11"tQ a ,„bctantial risk of injury to other persons or property or themselves. Further, Puyallup may refuse to accept an inmate if the jail is at or near capacity or if in the judgement of Puyallup that accepting an inmate may create a risk to the safety of persons or property. 10. RETAKING OF INMATES Upon request from Puyallup, Federal Way shall, at its expense, retake any Federal Way inmate within twelve (12) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way, shall, at its expense, retake such inmate from Puyallup. 11. COPY OF ARREST WARRANT OR CITATION AND BAIL SCHEDULE Federal Way law enforcement officers placing Federal Way misdemeanants in the Puyallup Jail shall, in every instance, first furnish an arrest warrant, citation, court order, or judgment and sentence, to the Puyallup Jail upon booking of an inmate. Federal Way is also responsible for providing Puyallup Jail with a complete bail schedule no later than January 1 of each year. 12. NON -ASSIGNABILITY. This Agreement may not be assigned by either party. 13. TRANSPORTATION Federal Way inmates incarcerated in Puyallup pursuant to this Agreement shall be transported to Puyallup by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Puyallup is not responsible for transportation of Federal Way inmates under this Agreement and shall be reimbursed by Federal Way for any actual expense incurred in transport of an inmate if, in fact, transportation of an inmate by Puyallup becomes necessary including if the transport was a result of a warrant, or medical appointment. Such transportation shall be calculated based upon 184 the time required for transport at the correction officer over time rate of $55.00 per hour. 14. RECORDS AND REPORTS (a) Federal Way shall forward to Puyallup before or at the time of delivery of each inmate a copy of all inmate records pertaining to the inmate's present incarceration at other correctional facilities. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information. (b) Puyallup shall keep all necessary and pertinent records concerning such inmates incarcerated in Puyallup Jail. During an inmate's confinement in Puyallup, Federal Way shall upon request, be entitled to receive and be furnished with copies of any report or record associated with said inmates(s) incarceration, as may be permitted by law. 15. MEDICAL TREATMENT (a) Inmates shall receive medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while housed in the Puyallup jail. Puyallup shall provide for routine minor medical services in the Puyallup jail. Examples of medical services which may be provided in the Puyallup Jail but which are not routine, and for which Federal Way shall be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. Federal Way shall be responsible for any and all medical, dental or mental health costs incurred by or on behalf of a Federal Way prisoner including but not limited to prescriptions, appliances, supplies, emergency transport associated with the delivery of any emergency and/or medical service provided to Federal Way inmates. (b) An adequate record of all such services shall be kept by Puyallup in accordance with HIPAA regulations for Federal Way's review at its request. Any medical or dental services of major consequence shall be reported to Federal Way as soon as time permits. (c) Federal Way shall be responsible for any and all costs incurred by or on behalf of a Federal Way prisoner regarding hospitalization. If necessary, Federal Way shall reimburse Puyallup dollar for dollar any amount expanded or cost incurred by Puyallup in providing the same; provided that, except in emergencies, Federal Way will be notified by contacting an Active Commander and/or on -duty -Patrol Lieutenant at the Federal Way Police Department prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate. In the event a Federal Way inmate is taken by emergency to a hospital, Puyallup shall notify Federal Way within eight (8) business hours (i.e. Monday through Friday 8 a.m. to 5 p.m., excluding state -observed holidays) of transport. Federal Way is responsible for providing security during any period of hospitalization. 16. DISCIPLINE Puyallup shall have physical control over and power to exercise disciplinary authority over all inmates of Federal Way. However, nothing contained herein shall be construed to authorize or permit the imposition of any type of discipline prohibited by the constitution and laws of the State of Washington or the constitution and laws of the United States. i; 17. STANDARD OF RELEASE Federal Way shall adopt Administrative Order No. 2013-01 Puyallup Municipal Court Standards of Release. 18. VIDEO ARRAIGNMENT Upon request, Puyallup will provide video arraignment services at the rate of $55.00 per hours with a (4) four-hour minimum charge. 19. REMOVAL FROM THE JAIL An inmate from Federal Way legally confined in Puyallup shall not be removed from there by any person except: a) When requested by Federal Way Police Department in writing authorizing such release; or b) Upon court order in those matters in which said court has jurisdiction over such inmate; or c) For appearance in the court in which a Federal Way inmate is charged; or d) In compliance with a Writ of Habeas Corpus; or e) If the prisoner has served his sentence, or the charge pending against said inmate has been dismissed, or bail or other recognizance has been posted as required by the courts; or f) For other scheduled court appearances, including those for which they are not being held, or g) Upon the execution of the Standards of Release Administrative Order No. 2013- 01, or h) For medical care (see §15) and court ordered evaluations. In the event any Federal Way inmate shall escape from Puyallup's custody, Puyallup will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Puyallup shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connection therewith shall be chargeable to and borne by Puyallup, however, Puyallup shall not be required to expend unreasonable amounts to pursue escaped inmates beyond its jurisdiction. 21. DEATH OF AN INMATE a) In the event of the death of a Federal Way inmate, Puyallup shall notify the Pierce County Medical Examiner. Federal Way shall receive copies of any records made at or in connection with such notification, unless prohibited by law or court order. Reasonable copying costs for such copies shall be borne by Federal Way. b) Puyallup shall immediately notify Federal Way of the death of a Federal Way inmate, furnish reasonable and necessary information as reasonably requested and follow 6 20 reasonable instructions of Federal Way with regard to the disposition of the body. The body shall be released to the Medical Examiner. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the responsibility or liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 22. DISPUTE BETWEEN FEDERAL WAY AND PUYALLUP Should a dispute arise as to the application, compensation, enforcement, or interpretation of this Agreement between Federal Way and Puyallup, the parties shall first attempt to resolve such disputes through good faith and reasonable negotiations. However, if a dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. Following mediation, or upon mutual written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through binding arbitration which shall be conducted under JAMS rules or policies. The arbitrator may be selected by agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration shall be borne by the parties equally, however, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. 23. INSURANCE (a) Each party agrees to provide the other with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool, which is sufficient to address the insurance and indemnification obligation set forth in the Agreement; (b) Each party shall obtain and maintain coverage in minimum liability limits of five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. 24. HOLD HARMLESS AND INDEMNIFICATION a) Puyallup shall indemnify and hold harmless Federal Way and its officers, agents, officials, employees and volunteers from any and all claims, actions, suits, liability, loss, expenses, and damages, including reasonable attorney fees, of any nature whatsoever, by reason of or arising out of any act or omission of Puyallup, its officers, agents, officials, employees and volunteers, provided said claim does not arise out of or in any way result from any intentional, willful or negligent act or omission on the part of Federal Way or any officer, agent or employee thereof. b) Federal Way shall indemnify and hold harmless Puyallup and its officers, agents, officials, employees and volunteers from any and all claims, actions, suits, liability, loss, expenses, 7 21 and damages of any nature whatsoever, by reason of or arising out of any act or omission of Federal Way, its officers, agents, officials, employees and volunteers, in arresting, detaining, charging, or transporting persons before presentment to and acceptance by Puyallup Jail or thereafter while said person (i.e. inmate) are in the custody of Federal Way outside Puyallup Jail. c) Puyallup and Federal Way hereby waive, as to each other only, their immunity from suit under industrial insurance, title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. d) The waivers in this section have been mutually negotiated by the parties and this entire section shall survive the expiration or termination of this Agreement. 25. INDEPENDENT CONTRACTOR In providing services under this Agreement, Puyallup is an independent contractor and neither it, nor its officers, officials, agents or employees are employees of Federal Way for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this agreement give rise to any claim or career service or civil service rights, which may accrue to employees of Federal Way or Puyallup under any applicable law, rule or regulation. 26. PRISON RAPE ELIMINATION ACT Puyallup acknowledges and is working toward compliance of the Prison Rape Elimination Act regarding custodial sexual misconduct. 27. MISCELLANEOUS Concurrent Original. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. Real or Personal Property. It is not anticipated that any real or personal property will be acquired or purchased by the Parties solely because of this Agreement. No Joint Venture or Partnership. No joint venture, separate administrative or governmental entity, or partnership is formed as a result of this Agreement. 28. ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with any attachments, supersede all prior written and verbal agreements and/or statements by any representative of the parties, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. Any prior written and/or oral agreement between the parties pertaining to jail services is terminated and superseded by this Agreement. This Agreement and any attachments contain the entire Agreement between the parties. Should any language in any attachment conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 8 22 29. SEVERABILITY Should any provision of this Agreement be determined to be unenforceable by a court of law, such provision shall be severed from the remainder of the Agreement, and such action shall not affect the enforceability of the remaining provisions herein. IN WITNESS WHEREOF, the parties below have executed this Agreement, and by doing so, acknowledge that they have read this Agreement understand its terms, and enter this Agreement in a knowing, intelligent, and voluntary manner. By: Its: Date Steve Kirklie City Manager ATTEST By: Brenda Fritsvold Its: City Clerk Date: - By: Joseph Beck Its: City Attorney Date: 1 1 . By: Jim Ferrell Its: Mayor Date: ATTEST: By: Stephanie Courtney Its: City Clerk Date: By: J. Ryan Call Its: City Attorney Date: 9 23 CITY Of .L Federal Way Centered on Opportunity This page was intentionally left blank. 24 COUNCIL MEETING DATE: January 18, 2022 ITEM N: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON STATE DEPARTMENT OF COMMERCE GRANT POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department accept a $11,408 grant from the Washington State Department of Commerce to purchase Less than Lethal Equipment? COMMITTEE: PRHS&PSC MEETING DATE: JanuaryI I, 2022 CATEGORY ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORTBY: RAY BUNK, COMMANDER_ __,_,_DEFT: Police Attachments: 1. Staff Report 2. Interagency Agreement 3. FWPD Technical Proposal 4. JAG Eligibility Forms Options Considered: 1. Approve the proposed agreement and authorize execution. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL' DIRECTOR APPROVAL: ^' 0� 10 C ,ni(tx Coun inifisl le ' Iniiial/Daie Ini�iaVDe[e COMMITTEE RECOMMENDATION: I move to forward the proposed grant agreement to the January 18, 2022 Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `I move to approve the proposed grant agreement and authorize the purchase of said less than lethal equipment. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNOL ACTION: COUNCIL BILL # ❑ APPROVED First rextling ❑ DENIED ❑ TABLED/DEFERREDNO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordi wnces aWY) ORDINANCE# REVISED - 12/20 17 RESOLUTION # 25 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 11, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Acceptance of Washington State Department of Commerce Less Than Lethal Equipment Program Grant Money Financial Impacts: There will minimal impact to City funds/police department's operating budget in the form of sales L x, riot covered by the giant. There will be no overtime funding required, as all training will ee done during normal working hours. Background Information: The Federal Way Police Department (FWPD) will receive grant funding from the Washington State Department of Commerce Less Than Lethal Equipment Program. The grant money will be used to purchase less than lethal weapons to be used by patrol officers and officers assigned to the Civil Disturbance Unit. Ten (10) less than lethal weapons and related equipment will be purchased with the $11,408 in grant money. This is a one-time grant opportunity. The proposed purchases will involve the FN 303 Mk2 Less Lethal Launcher. According to the website, " . the FN 303 Mk2's improved operating system doubles its service life and cuts armorer maintenance in half. Built from lightweight, rugged polymer and driven by a compressed COz air tank, the FN 3039 Mk2 upgrades FN's less lethal technology for today's officers, delivering increased accuracy with new, adjustable flip up metal sights and a MIL -STD 1913 top rail for optical or red dot sights. The fin -stabilized projectiles deliver optimum accuracy with maximum effectiveness and safety. Officers can quickly change from inert, marking, impact or irritant projectiles, with a clear view of the projectile type and remaining count in the magazine." The FN 303 Mk2 Less Lethal Launcher will also comply with new laws for less lethal equipment, as seen in Washington State House Bill 1054. 1 26 A Wasl,iirigton State Departi'Tient of C orn.,11 le ree Interagency Agreement with Msm For City of Federal Way • RIOT-Imem=81 Start date: November 15, 2021 27 TABLE OF CONTENTS Special Terms and Conditions 1. Authority...............................................................................................1 2. Acknowledgement of Federal Funding........................................................1 3. Contract Management............................................................................................1 4. Compensation.........................................................................................................1 5. Expenses.............................................................................................1 6. Indirect Costs........................................................................................1 7. Billing Procedures and Payment............................................................................1 8. Subcontractor Data Collection................................................................................2 9. Audit....................................................................................................2 10. Debarment............................................................................................2 11. Insurance..............................................................................................3 12. Order of Precedence..............................................................................................3 General Terms and Conditions 1. Definitions...............................................................................................................4 2. All Writings Contained Herein................................................................................4 3. Amendments..........................................................................................................4 4. Assignment.............................................................................................................4 5. Confidentiality and Safeguarding of Information....................................................4 6. Copyright................................................................................................................5 7. Disputes.................................................................................................................5 8. Governing Law and Venue.....................................................................................5 9. Indemnification.......................................................................................................6 10. Licensing, Accreditation and Registration..............................................................6 11. Recapture...............................................................................................................6 12. Records Maintenance............................................................................................6 13. Savings...................................................................................................................6 14. Severability.............................................................................................................6 15. Subcontracting.......................................................................................................6 16. Survival...................................................................................................................7 17. Termination for Cause............................................................................................7 18. Termination for Convenience.................................................................................7 19. Termination Procedures.........................................................................................7 20. Treatment of Assets...............................................................................................8 21. Waiver....................................................................................................................8 Attachment A, Scope of Work Attachment B, Budget FACE SHEET Contract Number: F19-31440-507 Washington State Department of Commerce Community Services and Housing Division Office of Firearm Safety and Violence Prevention — Public Safety Unit Less Than Lethal Equipment 1. Contractor 2. Contractor Doing Business As (optional) City of Federal Way 33325 8th Ave S Federal Way, WA 98003 3. Contractor Representative 4. COMMERCE Representative Raymond Bunk Abigail Snyder P.O. Box 42525 Commander Program Manager 1011 Plum Street SE 253-835-6700 360-515-6205 Olympia, WA Raymond.bunk@cityoffederalway.com Abigail. Snyder@commerce.wa.gov 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $11,408 Federal: ® State: ❑ Other: ❑ NIA: ❑ November 15, 2021 June 30, 2022 9. Federal Funds (as applicable) Federal Agency: CFDA Number: Indirect Rate (if applicable): $11,408 Department of Justice 16.738 Not Applicable 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # 91-1462550 0015957 601-223-538 612509901 14. Contract Purpose To purchase less than lethal equipment. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work, Attachment "B" — Budget FOR CONTRACTOR FOR COMMERCE Diane Klontz, Assistant Director Date Raymond Bunk, Commander Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 07/17/2019. APPROVAL ON FILE. 29 F19-31440-507 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENT OF FEDERAL FUNDS Federal Award Date: October 1, 2019 Federal Award Identification Number (FAIN): 2019-DJ-BX-0035 Total amount of the federal award: $3,303,848 Awarding official: Matt Dummermuth The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: "This project was supported by Grant No. 2019-DJ-BX-0035 awarded by Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Department of Justice. Grant funds are administered by the Office of Firearm Safety & Violence Prevention — Public Safety Unit, Washington State Department of Commerce." 3. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 4. COMPENSATION COMMERCE shall pay an amount not to exceed $11,408 for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 5. EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $11,408, which amount is included in the Contract total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 6. INDIRECT COSTS Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 7. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE at least quarterly, but, not more often than monthly. The invoice shall include the Contract Number F19-31440-507. 30 Interagency Agreement Page I I F 19-31440-507 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term orcondition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The grantee must invoice for all expenses from the beginning of the Contract through June 30, regardless of the Contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 9. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 9. AUDIT If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation to auditreview@commerce.wa.aov. 10. DEBARMENT A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in 31 Page 12 Interagency Agreement F19-31440-507 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach an explanation to this Contract. C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Contractor further agrees by signing frig this Cviitra�t that R will in�iuue the clause tided "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract, such Contractor shall attach an explanation to this Contract. E. The terms covered transaction, debarred, suspended, Ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 11. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 12. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget 32 Interagency Agreement Page 13 F 19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative shall mean the Director of the Department of Commerce and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this Contract shall be the same as delivery of an original. D. 'Contractor shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the 33 Interagency Agreement Page 14 F19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effe('.tive frnm the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, 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. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 34 Interagency Agreement Page 15 F19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this Contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term 35 Interagency Agreement Page 16 F19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this Contract. Before suspending or terminating the Contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated nr suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the Contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this Contract, COMMERCE, in addition to any other rights provided in this Contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 36 Interagency Agreement Page 17 F19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 37 Interagency Agreement Page 18 F19-31440-507 Attachment A Scope of Work Contractor shall purchase the following: • 30 FN Tactical W/ SCAR Buttstock, • 10 FN 303 MK2 Less Lethal Launchers, • 1 FN303 Fill Station Adapter, • 1 FN303 Magazine Assembly, • 1 FN303 10-Pack O-Rings w/ Lube, • 1 PK FN303 O-ring Overhaul Kit, • 1 FN303 Pava/OC Powder Less Lethal Projectiles, • 1 FN303 Inert Powder Less Lethal Projectiles, and • 1 FN303 Indelible Paint Less Lethal Projectiles Items will be purchased shortly after the Contract is executed. All officers with access to these less - than -lethal weapons shall receive training in the use of the equipment. The Contractor will report on the activities identified above on a quarterly basis. Quarterly reports will be due the 151h day of the month following the end of each calendar quarter of the award period. 38 Interagency Agreement Page 19 F 19-31440-507 Attachment B Budget The budget for the award period of November 15, 2021 through June 30, 2022 is $11,408. Equipment Total $11,408 Note: The Contractor may not obligate or expend any funds under this award until a completed Federal Eligibility Package has been submitted to COMMERCE as identified in RFP 19-31440-1. Interagency Agreement Page 110 39 FWPD Technical Proposal 3.2 —Technical Proposal (A) — Project Approach/Methodology 1—The City of Federal Way Police Department (FWPD) is a law enforcement agency that serves the Federal Way community, with a population of over 100,000 residents, and has been impacted by RCW 10.116.040. Not only were we forced to turn in valuable less -than -lethal options, such as our shotgun bean bag deployment, but there is also controversy regarding the use of less -than -lethal 40mm launchers. Many officers are hesitant to use this item, have turned them in, and/or stopped using them. 2 — There is a need for other less -than -lethal options. The removal of the less -than -lethal shotguns and 40mm launchers has limited our abilities to use valuable lethal options. This includes not only our patrol units, but also those assigned to the Valley Civil Disturbance Unit (VCDU). Without the ability to have longer ranged less -lethal -weapons, de-escalation techniques would suffer and an increase in lethal use of force incidents may occur. 3 — I will be in charge of the distribution and assignment of less -than -lethal weapons. 1 am currently assigned as a Patrol Commander and oversee all patrol shifts. The plan is to purchase ten (10) less -than lethal weapons and distribute six (6) to FWPD patrol shifts (i.e. one per shift). These will be assigned to the patrol supervisor (lieutenant) or their designee. The primary function of these less -than -lethal weapons will be impact and impact with irritants. FWPD patrol officers respond to calls not only in our jurisdiction, but we are regularly called to support other law enforcement agencies in King and Pierce county, as well as calls involving the Washington State Patrol. I am also the Commander of both the FWPD Civil Disturbance Unit and the overall Commander of the Valley Civil Disturbance Unit (VCDU). VCDU consists of six (6) different agencies that deploy as a team to protests, riots, etc. These agencies consist of Renton, Auburn, Port of Seattle, Tukwila, Kent, and Federal Way. The VCDU responds to not only the listed jurisdictions, but we also deploy to several other jurisdictions around King and Pierce counties, such as Seattle, Tacoma, and Bellevue. VCDU also has the capabilities to assist other jurisdictions, to include those located in Thurston and Snohomish counties. Four (4) less -than -lethal weapons will be assigned to the FWPD VCDU contingency for use by our trained Special Ammunition Response Team (SART) to replace the 40mm and shotgun less -than -lethal weapons currently being used. The primary function of these less -than -lethal weapons will be impact, impact with irritants, and projectiles with "marking" capabilities. The removal of the ability to use CS gas has also required the use to use other types of less -than -lethal weapons. 4 — We plan to purchase these items through Curtis Blue Line, located in Kent, Washington. This company would be able to drop off the less -than -lethal weapons or we could arrange to obtain the items by going to their location. 40 5 — We plan to purchase ten (10) FN 303 Mk2 Less Lethal Launchers, with related projectiles and maintenance equipment. This less -than -lethal weapon utilizes compressed air to launch projectiles serving as an impact weapon, with some rounds containing an irritant, and another round used for "marking" individuals. "Marking" and individual, particularly in a violent protest, allows officers to identify those involved in criminal activities to be clearly identifiable for later arrest. This is particularly helpful in violent protest situations where immediate arrest(s) may escalate the crowd and result in increased amount of force used and increased use of force incidents. This particular less -than -lethal weapon has reduced maintenance requirements and a longer service life. Per the website's description, "Built from lightweight, rugged polymer and driven by a compressed CO2 air tank, the FN 3030 Mk2 upgrades FN's less lethal technology for today's officers, delivering increased accuracy with new, adjustable flip up metal sights and a MIL -STD 1913 top rail for optical or red dot sights. The fin -stabilized projectiles deliver optimum accuracy with maximum effectiveness and safety. Officers can quickly change from inert, marking, impact or irritant projectiles, with a clear view of the projectile type and remaining count in the magazine." As stated prior, these less -than -lethal weapons will be distributed to both patrol officers and members of the FWPD VCDU. 6 — For police officers at the City of Federal Way, training of less -than -lethal weapons occurs on an annual basis. Instruction for patrol officers is provided by "in-house" trainers. This includes both classroom and practical experience, with a related weapon qualification. For those officers who are on the VCDU, there is also additional classroom and practical experience conducted on an annual basis. Instructors for SART members of VCDU is provided by various firearms officers from the involved agencies. In house less -than -lethal weapon training consists of a one (1) hour classroom presentation of the current laws and approved practices, followed by a shooting qualification. Training and recertification will continue on an annual, basis. Patrol units will be trained and certified upon receipt of the less -than -lethal weapons. Less -than -lethal weapons issued to FWPD VCDU members will also consist of in-house training, as well as advanced training related to protests and crowd control. VCDU SART training will first occur in the spring on 2022 and then recertification and continued training on an annual basis. Patrol and FWPD VCDU units will receive additional training and recertification during departmental rifle qualifications, which occurs in the summer months. 7 — N/A. (B) — Work Plan — Upon procurement of the less -than -lethal weapons, officers who will deploy the less - than -lethal weapons while on patrol will be identified and issued the weapons. After issuing the less - than -lethal weapons, training will take place. In house less -than -lethal weapon training consists of a one (1) hour classroom presentation of the current laws and approved practices, followed by a shooting qualification. Less -than -lethal weapons issued to FWPD VCDU members will also consist of in-house training, as well as advanced training related to protests and crowd control. In-house training will happen soon after procurement, with the advanced VCDU SART training occurring in the spring on 2022 41 and then recertification and continued training on an annual basis. Patrol units will receive additional training and recertification during departmental rifle qualifications, which occurs in the summer months. (C) — Project Schedule — Currently, our less -than -lethal weapons distributor has these items in stock, meaning the less -than -lethal weapons would be purchased and obtained soon after the grant money was received. There would likely be a delay, if the current stock was depleted and items needed to be ordered. The training for patrol units would happen soon after procurement. Initial training for VCDU SART members would occur with the patrol units and additional training and certification to occur in the spring of 2022. Using these timelines, these less -than -lethal weapons would be able to respond to patrol incidents this year and VCDU SART members could respond to incidents in the spring of 2022. (D) — Outcomes and Performance Measurement —The impact and outcomes of the use of less -than - lethal weapons is the reduction of the chances of lethal force use. Less -than -lethal weapons assist in de- escalation efforts of officer(s), in both the patrol and crowd control efforts. Annually, the FWPD Administrative Unit conducts a review of all use of force incidents for the year prior. During this use of force examination, possible trends are examined and analyzed, to include departmental use of force, as well as the individual officers who were involved in incidents. This valuable information is then used for later training and potential policy changes. (E) — Risks — There are multiple risks involved with the use of less -than -lethal weapons. The first is the misuse of these tools by the officers who are issued the weapons. This risk will be mitigated by initial and reoccurring training to the officers who are issued the weapons. Additionally, all use of force incidents involving FWPD officers are carefully and thoroughly reviewed by five (5) different induvial of progressing rank to ensure the use of force is within current department policy and state and federal laws. Annually, the FWPD Administrative Unit conducts a review of all use of force incidents for the year prior. During this use of force examination, possible trends are examined and analyzed, to include departmental use of force, as well as the individual officers who were involved in incidents. This valuable information is then used for later training. These reviews be submitted to COMMERCE, upon request. Another risk would be the theft or misplacement of the less -than -lethal weapon itself. To mitigate this risk, inventories will be conducted on a regular basis and"officers will be instructed to keep the items locked up, either in a patrol vehicle or their personal work locker, when the weapon is not on their person. In the event a theft or loss of a less -than -lethal weapon, the incident would be reported to the COMMERCE. The current political environment is also a potential risk. If future legislative or court decisions deem these less -than -lethal weapons to be illegal, the items would need to be taken out of service and no 42 longer utilized. This risk will be mitigated by constantly reviewing court decisions and new state and federal laws. (F) — Deliverables — These less -than -lethal weapons comply with RCW 10.116.040 as the projectiles are ejected using compressed air, rather than being deployed with an explosive device or substance. All officers with access to these less -than -lethal weapons shall receive training in the use of the equipment before the equipment is used by that peace officer. 3.3 — Related Information 1- I have been unable to locate contracts with City of Federal Way or subcontractors during the past 24 months. 2 - I have only been able to identify on person who was an employee of the State of Washington in the past 24 months. This person is identified as Officer Conall Murphy — Former WSP Trooper now an officer assigned to patrol and in our Field Officer Training Program. He separated from WSP several months ago. 3 — N/A. 43 Department of Commerce Innovation is in our nature. Justice Assistance Grant FFY 2019-2021 Justice Assistance Grant Lisa Brown Director Eligibility Forms 44 Eligibility Requirements: Statement of Assurances..........................................................................................Form I ❑ Debarment, Suspension, Ineligibility and Voluntary Exclusion 2 ❑ Lower Tier Covered Transactions (Sub -Recipient) ................................................Form Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements ..............Form 3 ❑ National Environmental Policy Act(NEPA)...........................................................Form 4 ❑ Acknowledgement of Federal Funds ........................................ 4........... ................... Form 5 ❑ Acknowledgement of Allowable and Unallowable Costs.......................................Form 6 ❑ Compliance with Relevant Federal and State Laws ................................................Form 7- ❑ CTFLITrainmg........................................................................................................Form $ El CivilRights Trainin............................................................................Form 9 ❑ Civil Rights Requirements .................................... 4....................... ............. .............. Form 10 ❑ Equal Employment Opportunity Plan (EEOP) Certification...................................Form 11 ❑ Office of Civil Rights Compliance Checklist ............... 4................................ .. ........ Form 12 ❑ Federal Funding Accountability and Transparency Act Certificate .......................Form 13 ❑ Commercial Insurance, Risk Pool or Self Insurance ...............................................Form 14 ❑ General Information Regarding Risk Assessment ...................................................Form 15 ❑ Customer Satisfaction and Improvement: Customer Satisfaction and Improvement Form .......................................................Form 16 ❑ SUBMISSION OF THIS PACKET One electronic copy of these Certifications and Assurances must be completed and submitted to be eligible to receive reimbursement with federal funds (any funds under this program). DUE DATE The package should be received by COMMERCE no later than November 15, 2021. Submission after this date will cause delay in your being eligible to receive reimbursement under this program. SUBMIT APPLICATION FORMS TO: Email: Abigail snyder(i .commerce.wa.aov Note': PDF is the preferred format for electronic submission If you have questions regarding the application or need technical assistance, please contact Abbie Snyder at abigail snvderAcommerce wa.gov 85 1 0 loinmolloulkyj OR STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM I STATEMENT OF ASSURANCES The applicant: 1. Has sufficient fiscal and management controls to implement and maintain the program in accordance with this application and program requirements. The Applicant has sufficient monetary resources to implement and maintain program operations in accordance with this contract. 2. Will provide full cooperation of administrative and program staff, and will provide availability of all records upon request and convenience of staff from the Department of Commerce; Office of the State Auditor; or U.S. Department of Justice, who are charged with monitoring program compliance and the use of funds provided. 3. Will comply with the requirements of the Justice Assistance Grant Program as published by the Department of Commerce and relevant federal agencies, and as embodied in statute. 4. Will comply with Title V of the Anti -Drug Abuse Act of 1988 and regulations promulgated by the federal government to maintain a drug -free workplace. 5. Will comply with Title II of the Americans with Disabilities Act of 1990. 6. Will not undertake any prohibited political activities with these funds including, but not limited to, voter registration; partisan political activity; lobbying congress, the Legislature, or any federal or state agency for project of jurisdictionally specific activity; or campaign for any ballot measure. Will comply with the provisions of Title 28, Code of Federal Regulations; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures. 7. Guarantees that in performing any contract, purchase, or other agreement, the organization shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, marital status, national origin, political affiliation, or the presence of any sensory, mental, or physical disability. The organization agrees to take affirmative action to ensure that applicants are employed and that employees are treated during the employment without discrimination because of their race, color, religion, age, sex, political affiliation, handicap or national origin. Such action shall include, but not be limited to, employment upgrading, demotion or transfer, recruitment and recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and training. This guarantee shall implement federal, state, and any local equal opportunity and non-discrimination statutes. The applicant further will, without delay, bring any finding of an equal opportunity or non-discrimination violation to the attention of the Department of Commerce. PLEASE NOTE: THE DEPARTMENT'S ACCEPTANCE OF THIS APPLICATION FOR FUNDING IS SUBJECT TO SUBSEQUENT COMPLIANCE REVIEWS THAT MAY REQUIRE CORRECTIVE ACTION BY THE APPLICANT. AUTHORIZED SIGNATURE BY THE APPLICANT GUARANTEES ASSURANCES THAT ARE CONTAINED ON THE APPLICATION FACE SHEET. 9. Authorized Signature for the Applicant: SIGNATURE DATE PRINTED NAME OF SIGNATURE TITLE 47 STATE OF WASHINGTON DEPARTMENT OF COMMERCE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER JUSTICE ASSISTANCE GRANT CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS (SUB -RECIPIENT) FORM 2 This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (1) The prospective lower tier participant certifies by submission of this proposal that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Name of Organization Address of Organization Date A INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower -tier participant is providing the certification set out below. 2. The certification in 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 prospective lower -tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower -tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower -tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower -tier covered transaction," "participant," " person,.. ..primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower -tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower -tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower -tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower -tier covered transactions and in all solicitations for lower -tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower -tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Non -procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment 49 5 STATE OF WASIIINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 3 U.S. DEPARTMENT OF JUSTICE 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 (Non -procurement) 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 implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting 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 the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: 50 6 (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug -free workplace by; (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (b) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (c) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (d) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to 51 7 Department of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street, N.W., Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant; (e) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (f) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). D Thy grantee ma`y' inaanrt in thin epane prnwirderd belnui this cite(c) fnr the nArfnrmanrP of wnrk done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Statewide Check X if there are workplaces on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061 /7. Check if the State has elected to complete OJP Form 4061/7. 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: 2. Application Number and/or Project Name: 3. Grantee IRSNendor Number 4. Type/Print Name and Title of Authorized Representative. 5. Signature 6. Date OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE. OFFICE OF JUSTICE PROGRAMS BJA NIJ OJJDP BJS OVC 52 STATE OF WASIIINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 4 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) The following information is required from each federal grant recipient. The Department of Commerce will consolidate all responses and submit a consolidated response to the U.S. Department of Justice as required. Please check one of the blanks to the left of each item below to indicate whether or not the activity described is being undertaken to support or facilitate the federally funded activity by the grant recipient or any other party. (Note —the source of funds utilized is irrelevant to your response.) (Note —if the activity is being undertaken without regard to the presence or operation of a federally funded activity, the item should not be checked.) Yes Activity N/A ❑ ❑ 1. New Construction 2. Minor renovation or remodeling of a property either: ❑ ❑ a. listed or eligible for listing on the National Register of Historical Places ❑ ❑ b. located within a 100-year flood plain 3. Renovation, lease, or any proposed use of a building or facility that will either: ❑ ❑ a. result in a change in its basic prior use (between industrial, office, residential, etc.) ❑ ❑ b. significantly changes its size (total structure, not program's portion thereof) 4. Implementation of a new program involving use of chemicals other than: ❑ ❑ a. chemicals purchased as an incidental component of the funded activity ❑ ❑ b. traditionally used (e.g., for office, household, recreational, educational environments) If any item above is checked, a clarification of the activity may be requested. Response is made related to the following Byrne funded program/project: Project: Signature: Typed Name: Representing: Date: Title: 53 9 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 5 ACKNOWLEDGEMENT OF FEDERAL FUNDS The recipient shall submit to the Department of Commerce, for re -submission to the Bureau of Justice Assistance, one copy of all reports and proposed publications resulting from this grant twenty (20) days prior to public release. Any written, visual, or audio publications, with the exception of press releases —whether published at the grantee's or government's expense —shall contain the following statements: "This project was supported by award number 2018-DJ-BX-01 87 by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the s-%rr___ r T___�.__ ra_, _____ i_._t 9 _ 1__ 2 41.., AT 4: --I T--. :: ..4, ,V T..-*--- U111ce of Justice Programs, wiil-ch. also inCl des LIM iNMi17 RU 11i6L1LUM; of JUbLIUC, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document do not represent the official position or the policies of the United States Department of Justice." The undersigned agrees to the above requirements. Signature Name of applicant organization Printed Name 54 10 STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 6 ACICNOWLEDGEMENT OF ALLOWABLE AND UNALLOWABLE COSTS ALLOWABLE COSTS Allowable uses of federal grant funds include, but are not limited to, the following as they relate to the coordination and implementation of activities performed under the goal(s), objectives, and activities of the grant as described on Attachment A of the Grant, including: • Operating costs, including: o Approved personnel costs (salaries and benefits). o Overtime o Costs reflected in the project budget proposal (such as training fees, printing, supplies, or contractual services). • Procurement and installation of equipment (limitations may apply to high dollar items) • Space and utilities, to the extent utilized for the approved project. • Travel, per diem, and 'lodging at the federally approved rates. • Printing and duplication of written.and visual materials. UNALLOWABLE COSTS Unallowable uses of federal grant funds include: • Confidential funds, unless the applicant has completed/submitted a federal Confidential Fund Certificate to the Department of Commerce, and Commerce has approved the certificate. • Body Armor/Vests, without specific prior approval (special conditions apply) • Body Worn Cameras, without specific prior approval (special conditions apply) • Food, beverages or other refreshments for meetings, conferences, or training (prohibition does not apply to standard per diem when otherwise authorized) • Vehicles, vessels, and aircraft/drones (all except `patrol' vehicles, those require pre -approval) • Construction • Land acquisition • Weapons and Ammunition • Victim compensation (direct payment) • Losses arising from uncollected accounts • Contributions to a contingency reserve • Contributions or donations • Entertainment • Fines and penalties (includes flight/hotel and other cancellation fees) • Interest and other financial costs • Consultant fees (above a reasonable and consistent rate for similar services, and/or above $650 for an eight -hour day —excluding travel and per diem) The undersigned agrees to the above requirements. Signature Name of applicant organization Printed Name 55 11 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 7 COMPLIANCE WITH RELEVANT FEDERAL AND STATE LAW All recipients of federal grant funds under this program must comply with all relevant federal and state laws and regulations. Which laws and regulations are relevant may vary dependent upon the specifics of the grant program(s) providing funding and the activities supported with such funding. The laws and regulations generally relevant to this grant program include, but are not limited to the following laws and regulations: Financial Management System Financial Management System, Title 2, Part 200 CFR, section 200.302 and .303 Cost Principles and Administrative Requirements, Title 2, Part 200 CFR, Appendices to Part 200 as appropriate State budgeting, accounting, and reporting system, Chapter 43.88 RCW 1K5 on-.ciupplan t'ti[g, vTQiDa"rJ OCFa'rrj Fia c'uiai ial Guide (as acamended), Sec. 2.3 Standards for Financial Management Systems Audits Title 2, Part 200 CFR (the Omni Circular), Subpart F-Audit Requirements Laws Against Discrimination Affirmative Action, RCW 41.06.020 (1) Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86) Omnibus Crime Control and Safe Streets Act of 1968 (42 USC USC § 3789d) Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs Civil Rights Act of 1964 (42 U.S.C. § 2000(d)) 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment Opportunity, Policies and Procedures) Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60 Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a) Nondiscrimination in Benefits, Title V1 of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000d et seq, 24 CFR Part 1 Nondiscrimination in Employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352 Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60 Discrimination - Human Rights Commission, Chapter 49.60 RCW Executive Order 13559 (Fundamental Principles and Policymakers Criteria for Partnerships with Faith -Based and Other Community Organizations); 28 C.F.R. Part 38 ((U.S. Department of Justice Regulations — Partnerships with Faith -Based and Other Community Organizations) Americans with Disabilities Act of 1990 (Title II, and 42 U.S.C. §§ 12131-34) Rehabilitation Act of 1973 (29 U.S.C. § 794) Continued on Reverse Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793 56 12 Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C.794 Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631 Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551 Office of minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC Notification of Findings of Discrimination or Non -Compliance Policies Regarding Cooperation with Homeland Security, 8 U.S.C. Section 1373 Laws Regarding Ethics, Lobbying, Liability and Public Access Federal Funding Accountability and Transparency Act of 2006 (FFATA) Conflict of Interest, Ethics in Public Service Act, Chapter 42.52 RCW Ethics in Public Service, Chapter 42.52 RCW Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352. (Byrd Anti -Lobbying Amendment). 31 U.S.C. 1352 Hatch Political Activity Act, 5 U.S.C. 1501-8 Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54 Disclosure -Campaign Finances -lobbying, Chapter 42.17A RCW Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d) Victims of Crime Act (42 U.S.C. § 10604(e)) Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)) Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102 Housing and Urban Development Act of 1968, Section 3, 12 USC 1701 u (See 24 CFR 570.607(b)) Housing Assistance Payments Program, Section 8, Confidentiality/Safeguarding of Information, Sub -Award Document Text, General Conditions Paragraph 10 Privacy Act of 1974, 5 U.S.C. 552a Boards of Directors or Officers of Non -Profit Corporations — Liability - Limitations, RCW 4.24.264 Open Public Meetings Act, Chapter 42.30 RCW Public Records Act, Chapter 42.56 RCW Labor and Safety Standards Convict Labor, 18 U.S.C. 751, 752, 4081, 4082 Drug -Free Workplace Act of 1988, Title V, and 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5 The undersigned acknowledges the above notice of relevant laws and regulations. Signature Name of applicant organization Printed Name 57 13 Every individual participating in a task force, overseeing or reimbursed with federal funds under this program must complete the relevant CTFLI training as presented at https://www.centf.org/CTFLI/. Individuals responsible for program evaluation or assessment of compliance with either federal or program rules and regulations for this program must complete each training module within 120 days of assuming that position/duty or within one year of the beginning of the current contractual period, whichever is later. 1-1 1 certify that I have completed the training as specified above. I attest that I am within 120 days of assuming a position requiring the training specified above and will notify COMMERCE when I have completed that training. Signature Printed Name Title Dat 58 14 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT FORM 9 DEPARTMENT OF COMMERCE CIVIL, RIGHTS TRAINING An individual representing each entity receiving reimbursement under this program is required to complete the Office of Justice Programs, Office for Civil Rights — Training for Grantees located at: http //ojp gov/about/ocr/ocr training-videos/video-ocr-training.htm, or training at least equivalent to that training, and return this completed certification prior to drawdown of grant funds. Select one of the two training options: — 1. Office for Civil Rights — Training for Grantees as specified below: Lenh Module Overview..............................................................................32:10 ❑ ................................................... ❑ Overview: Self Test.................................................................................................................11:37 ❑ Service to LEP Persons........................................................................19:53 .......................... ❑ Test: Service to LEP Persons 27:37 ❑ State Administering Agencies ..... (Grantees with Sub -Recipients only) ❑ Test: State Administering Agencies (Grantees with Sub -Recipients only) 6:48 ❑ Faith -Based Organizations......................................................................................................15:27 8:29 ❑ Test: Faith -Based Organizations .................................................................. ❑ American Indians....................................................10:40 ................................................................ 6:01 ❑ Test: American Indians .............................................................................. 12:41 ❑ Standard Assurances ......................... ....................................................................................... 8 ❑ Test: Standard Assurances.........................................................................................................4:3 OR 2. Other training at least equivalent to the Office for Civil Rights — Training for Grantees Optional training videos are available from the Office for Violence Against Women and may be reviewed at: https://search.justice.gov/search?affiliate justice&op=Search&page=2&query=videos As the individual with primary functional responsibility for equal opportunity and civil rights compliance for the applicant jurisdiction or organization, I hereby certify that I have completed the on-line training modules identified above, or have received equivalent professional `HR' training equivalent to that identified above, or a comprehensive update on such equivalent training, within the last two years. For the State Administering Agencies module and the test for that module, I have consulted with the primary grant manager for this award program as to whether there are or will be sub -recipients, and completed those modules or equivalent training if applicable. This certificate is valid for two years from the date of execution. SIGNATURE OF OFFICIAL WITH FUNCTIONAL RESPONSIBILITY TITLE OF OFFICIAL COMPLETING THE CERTIFICATION JURISDICTION/ORGANIZATION REPRESENTED DATE 59 15 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 10 CIVIL RIGHTS REQUIREMENTS 1. LIMITED ENGLISH PROFICIENCY To ensure compliance with the Omnibus Crime Control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, grant recipients must take reasonable steps to ensure that Persons with Limited English Proficiency have meaningful access to services and legal protections. Meaningful access may entail providing language assistance services where necessary, including oral and written translation. Assistance in understanding grant recipient's obligations under the law may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional assistance regarding LEP obligations and information may be found at www.lep.gov. 2. FEDERAL NON-DISCRIMINATION REQUIREMENTS The applicant will comply with any applicable federal nondiscrimination requirements, which may include; * the Omnibus Crime Control Act and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); * the Victims of Crime Act of 1984 as amended (42 U.S.C. § 10604(e)) and 28 CFR § 94.114; * the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)) as amended; * Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)); * the Rehabilitation Act of 1973 (29 U.S.C. § 794); * the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); * the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86); * the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); * 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment Opportunity, Policies and Procedures); * Executive Order 13559 (Fundamental Principles and Policymakers Criteria for Partnerships with Faith -Based and Other Community Organizations); * 28 C.F.R. Part 38 ((U.S. Department of Justice Regulations — Partnerships with Faith - Based and Other Community Organizations); * 28 CFR § 31.202, 403; * Violence Against Women Act (VAWA) of 1994, as amended (42 U.S.C. § 13925(b)(13)); and Applicable Department of Justice regulations implementing the above -referenced statutes The applicant shall further comply with Federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. 3. NOTIFICATION OF FINDINGS OF DISCRIMIIUTION OR NON-COMPLIANCE 16 In the event a state or federal court, or a state or federal administrative agency, makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, age, disability, or sex, sexual orientation or gender identity against the applicant or a program partner or participant receiving grant funds, the applicant will forward a copy of the finding to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and the Department of Commerce (COMMERCE). The applicant shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice Funds are involved, and shall identify all open grants utilizing U.S. Department of Justice funding by contract number and program title. The applicant shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a. grant in which U.S. Department of Justice Funds are involved, and shall identify all open grants utilizing U.S. Department of Justice funding by contract number and program title. 4. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP) The applicant will determine whether it is required to formulate an Equal Employment Opportunity Program (ESOP), in accordance with 28 C.F.R. 42.301 et. seq. If the applicant is not required to formulate an EEOP, it will submit a certificate form to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and Washington State Department of Commerce (COMMERCE) indicating that it is not required to develop an EEOP. If the applicant is required to develop an EEOP but not required to submit the EEOP to the OCR, the applicant will submit a certification to the OCR and COMMERCE certifying that it has an EEOP on file which meets the applicable requirements. If the applicant is awarded a grant of $500,000 or more and has 50 or more employees, it will submit a copy of its EEOP to the OCR and COMMERCE. Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption. A copy of the certification form will also be submitted to COMMERCE. Information about civil rights obligations of grantees can be found at hltp://www.ojp.usdoj.gov/ocr/ 5. APPLICANT DUTY To ENSURE SUB -RECIPIENTS COMPLIANCE The applicant is required to ensure compliance with this requirement by any program partner or participant receiving funding under this grant. As the individual with primary functional responsibility for equal opportunity/civil rights compliance for the applicant jurisdiction, I hereby certify that the applicant will comply with the above Civil Rights requirements specified in this certification. SIGNATURE OF INDIVIDUAL WITH FUNCTIONAL RESPONSIBILITY TITLE OF OFFICIAL COMPLETING THE CERTIFICATION JURISDICTION/ORGANIZATION REPRESENTED DATE 61 17 STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 11 EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATION Recipient Name and Address: Grant Title: Justice Assistance Grant — Washington State Grant Number: Subaward No.: Award Amount: Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 CFR Sections 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file, and implement an ESOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section B below. Recipients that claim the limited exemption from the submission requirement must complete Section C below. Recipients should complete Section A, B or Section C, not multiple sections. If a recipient receives multiple federal grants, please complete a form for each grant, Do Not Use Another Grant's Certificate when completing this application package. Section A — Declaration of Compliance with the EEOP Requirement T [i—dividual with primary Functional .responsibility for equal nppor un.ty/civil rights compliance for the jurisdiction], certify that [recipient] has prepared an EEOP and if appropriate submitted to the Office of Civil Rights, US Department of Justice a copy, pursuant to 28 CFR. Print Name of Individual with Signature Date Primary Functional Responsibility Section B - Declaration of Claiming Complete Exemption from the EEOP Requirement. Please check all boxes that apply. ❑ Recipient has less than 50 employees ❑ Recipient is an Indian Tribe ❑ Recipient is a non-profit organization ❑ Recipient is an educational institution ® Recipient is a medical institution ❑ Recipient's award is less than $25.000 I, _ [individual with primary functional responsibility for equal opportunity/civil rights compliance for the jurisdiction], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 CFR Sections 42.302. I further certify that [recipient jurisdiction] will comply with the applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print Name of Individual Signature ---------------------------- Date Section C - Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying that an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP for review to the Department of Justice as long as it certifies the following (42 CFR Section 42.305): I, [individual with primary functional responsibility for equal opportunity/civil rights compliance for the jurisdiction], certify that [recipient jurisdiction], which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR Section 42.301, et. seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of [organization], at [address], for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, as required by relevant laws and regulations. Print Name of Individual with Signature Primary Functional Responsibility Date 62 18 Insert copy (image) of: Email a copy of the EE®P Utilization Deport including signature/approval page(s) to abigail.snyder@commerce.wa.gov 63 19 0 « E E a � om 3 a o w 3 X i X a x xxxxX __ _ c mE2m m ME mi m._ "o. `u m E o is mat c Q y m _ m c C O m 0 0 4 W O x a 8 E A c w f v $ C m c a d mq 6 W O 0 m° N¢ = CE4O C Q C L 1O _N L C U V O .Y o`a82D0crnm m O OocE `o 0 O m aN O_mccJ5 W O W0 wv nCO E > u w W o O .2 m Q Oa CO c c c8mi aw w OmE moi O •to6Em+ oc EmNcqr E c m0 �dmmT' E m cm 6 V Oc m m m m m O O —NoN N N N N E= E m Lm . o vE g 0 xm _2 0drnornrnoa �. y0m uN A ,� rc ��_q1p' m N. m 46e �r a > . w w E 3 '� aE'a;n nn2.�. r rEo o mo m.La -o Ooa�i'c $ S L. oqa W E z$ 3Q W Lai SMOZESE WT m S] U D m r' OI N t+J Y h (O h (O Ol H Y C W W C C Q�yj C m 1- N Wm c m n E a E B m c G O Ll' W E �x Ln (gyp L a _ ° ° N ° a g J E E E d$_ E c m v W=0 i7i Pi vQ{°5 L° aas m ,CyUv _ J2 c m J c v Q y d T h 0 y ¢ N N v C N C E y? 15 y 3 .. � y � i> Z 8 y c C ai m L d aFmmo `mn p c42 0> .2 &o�� U a mm > C_ ydrl .OE LN m— �L > Dvmrncm m`o� EmB'mm coo(on O yC O m 'am go« ao 'am 0 m m'CEm° maAC £ coa- a aCyT nc wa0ym cm D'n$Uy�o� f a 'LL a x w c9�E C— U °dEm m°o m u m> hDmH m mEUo em m -a liit mt=y E�a rEmm"m�c nm �o S'E o2 c �m0 o Eq �0 �ICO cc >wO L«COim3 mEnu °ymc� c omm c W, c mv E o m C p « 2 0 y y mE=C� Cw'D 0OqcE c�oou Et fE o O u Ti E Ns.0of N XIC nC Q 0 �9« v Ilm ? 06 �cU C� ZmmmiEN m 6. aOW� C U `>a'c ac rn c00 2 m c m>= mr ma m �. ui -Tm Lmu En,— m m oy m "�amd0 ' wmn� . mo wc m a mmn m252ea Z 0 Mtn n� p N N � ti a ° T 46 w a m 0 13 N 'w c y rn N N EO OF U 3 x x x x a z w w m E o m O Y W C X.2 O N W W C U.S m N,Sad w w m a" o c '905 > T �EOi=� n 0w w �� uo 'O �.2.2 2 G O U W C r w a w C O N- = w- EnW O` 0 w r O c N N w $o«w $u�E._ c w2'o MQr w«w N j C N d = m. c � O N o = O. 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N� N �003 8 g xi�'33 30 . x10E�3m3 �, O o CI N N N <3 <"I Lo N CJ N67 N N T STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 13 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) Section 1 Agency/Jurisdiction Legal Name: Section 2 Responses should be for the entire Jurisdiction/Organization, not just the department /division to utilize grant funds. a) Total Federal Revenues for the prior fiscal year (ARRA, Non-ARRA, Directly & Indirectly received) b) Is 'a' above equal to or greater than $25,000,000? Yes No (Circle One) c) If V above is 'No', skip to Section 3 a), enter check 'Not Required' and execute the certificate, otherwise continue, compensation reporting may be required. d) Total Revenue including Federal Revenue) for the prior fiscal year e) Calculation: a d (Total Federal Revenue divided by Total Revenue) f) Is V above equal to or greater than .8? Yes No (Circle One) g) If 'f above is 'No', skip to Section 3, enter check 'Not Required' and execute the certificate, otherwise continue, compensation reporting may be required. h) Have you filed senior executive's compensation with either of the following? 1. Securities & Exchange Commission (under sec 13(a) or 15(d) of the Securities Exchange Act of 1954) 2. Internal Revenue Service (Sec 6104 of the Internal Revenue Code of 1986) 0 If'h' above is 'Yes', skip to Section 3a), enter check 'Not Required' and execute the certificate, otherwise continue, compensation reporting is required. Yes No (Circle One) NMI Section 3 Compensation Reporting Requirement: a) Not required to report senior executive compensation. (Sec 2b or 2f = `No', or 2h = `Yes') b) Enter the name, title and total compensation of the five individuals receiving the greatest total compensation for the reporting jurisdiction (or agency if the Grantee is not a unit of state, local or tribal government). Name Title Compensation 1. 2. 3. 4. 5. Section 4 1, am the chief financial officer of the jurisdiction/organization or their designated representative, and certify that the data presented on this form is an accurate reflection of the jurisdiction's/ organization's fiscal records. Signature Printed Name Title Date 69 25 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 14 COMMERCIAL INSURANCE, RISK POOL OR SELF INSURANCE Cities and Counties receiving grant funds directly from Commerce under this program must have: Automobile Liability. In the event that performance pursuant to this Agreement involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Agreement activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Employers Liability. Insurance providing wage replacement and medical benefits to employees injured in the course of employment, filling the gaps between Worker's Compensation and Commercial General Liability. Fidelity Insurance, The Contractor shall maintain insurance coverage at least equal to the awarded funds under this agreement to protect against fraudulent acts by individuals authorized to receive or deposit funds into program accounts, or to prepare or issue financial documents, checks, or other instruments of payment for program costs. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Worker's Compensation. Coverage of employees which in the course of employment incurred bodily injury (including death) by accident or disease that arises out of or in connection with the performance of the grant agreement. The agency executing the grant award for this program shall provide insurance coverage as set forth above. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company or risk pool authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non -renewal or modification. The Grantee shall submit to COMMERCE, within 15 days of being requested, a certificate of insurance which outlines the coverage and limits defined in this insurance section. Commerce will be named as an additional insured on this certificate. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. . The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant SIGNATURE OF INDIVIDUAL WITH FUNCTIONAL RESPONSIBILITY TITLE OF OFFICIAL COMPLETING THE CERTIFICATION JURISDICTION/ORGANIZATION REPRESENTED DATE 70 26 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT )EPARTMENT OF COMMERCE a°�`"T' . FORM IS o �3 �aaYa STATE OF WASHINGTON OFFICE OF FIREARM SAFETY & VIOLENCE PREVENTION PUBLIC SAFETY UNIT loll Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 (360) 725-2895 • 1-866-857-9889 Grantee Information Regarding Jurisdiction/Organization/Tribe: Click or tap here to enter text, Recipient Program/Department: Click or Lao here to enter text. Pemon(s) completing the form: Click or tap here's en Le: tex L. Title: Clicker tap here to enter text. Phone/Email: Clickortap here to eotertext. Date submitted to Commerce- Click or tap here to enter taxL. Assessment Questions Please answer each question completely and provide supporting details where requested. Explain any organizational restructuring that occurred within the last 12 months that affect Commerce contracts or grants. Make sure to discuss the following: • Organizational changes (divisions, departments, units) • Programmatic changes (services being provided, level of services, etc) • Business systems (which can include financial, human resources, programmatic, etc) Provide details of the restructuring, the timeframe for which this has/is occurring and the 1 status of the change. Click or tap here to enter text. ❑ Check box if no relevant organizational restructuring has occurred within the last 12 months. Has the organization expanded services or created new services within the last 24 months? ❑ Yes ❑ No If yes, please describe and list the new or existing resources that support this expansion in 2 services. Click or tap here to enter text. 71 27 Describe turnover in key positions during the past 12 months in those areas of the organization that administer or support OFSVP Public Safety Unit programs for the following categories. Along with the description, include the number of positions/FTEs for each category. - Executive Management/Tribal Executive Management Staff - Fiscal 3 - Council, Commissioners/Tribal Council Describe your plan and timeframe for filling, training, or covering the duties of any vacant positions. Click or tap here to enter text. ❑ Check box if there has been no turnover in key positions during the past 12 months. Does your organization/Tribe have any pending or recent past litigation or legal action? ❑ Yes ❑ No 4 If yes, please describe the litigation or legal action. T'�ivie /1'f ��P1 V'9 e3 �'P.S "t Yl L]Y9'f 2Y pLt 1PY Has your organization/Tribe terminated or has Commerce terminated any contracts in the last 24 months because of performance or compliance issues? ❑ Yes ❑ No 5 If yes, please explain the circumstances. Click or tap here to enter text, Does your organization/Tribe have funders other than the OFSVP Public Safety Unit who monitor (non -audit) contracts and grants? ❑ Yes ❑ No 6 If yes, please list them and include the frequency in which monitoring is conducted. Click or tap here to enter text. 72 28 Have you had an audit in the last 24 months? ❑ Yes ❑ No If no, explain why an audit was not needed or required. Click or tap here to enter text. 7 If you have had an audit, explain the type of audit (e.g. financial, federal compliance, internal control, etc). Flick or tap here to enter text. List any audit findings you have received from an external entity within the last 24 months. Click or tap here to enter text. If findings were included in the audit, please describe the corrective action plan and state if it is either in progress (providing detail on the status for implementation) or has been g completed. Click or tap here to enter text. ❑ Check box if there were no findings. Have you, or do you intend to sub grant or sub contract any funds received from OFSVP Public Safety Unit? ❑ Yes ❑ No 9 If yes, how do you monitor your sub grantees/sub contractors services and expenditures? Click or tap here to enter text. What percent of your organization's annual budget is government funding (federal and state)? 10 ❑ Under 10% ❑ 10 ® 30% 1130 ® 50% ❑ More than 50% Does 20% or more of the total funding for your organization come from OFSVP Public Safety Unit? Please use a two or three year analysis to answer this question. ❑ Yes ❑ No If your organization has experienced "funding swings" where one fiscal year you do receive 11 20% or more of your total funding from OFSVP Public Safety Unit and in another year you do not, please explain why this has occurred. Click or tap here to enter text. Explain the management and the board/or council's role in the following: 12 • Monitoring financial and programmatic compliance 73 29 • Evaluating or assessing the performance of the executive director • Developing policy • Reviewing programmatic results Click or tap here to enter text. How many years has your organization/Tribe administered federal or state funds? 13 9 Federal funds. 0 less than 2 years 0 2 ® 5 years 11 more than 6 years 0 State funds. 0 less than 2 years El 2 ® 5 years 0 more than 6 years 17U, List specific experience in government grant administration and government contract administration for the following staff: 0 Executive Management: 0 less than 2 years 0 2 ® 5 years 0 more than 6 years Cicrnl /RnnkkPPning -I;tnff- F1 1p-,q than 2 years El 2 ® 5 years El more than 6 years 11111111111 ilill", pill 111111111111111 :11;111 1111 11�1111 111 111�111 III 1�111 I r1i 111111!1!�111 11 111 1111111 74 30 STATE OF WASIIINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 16 CUSTOMER SATISFACTION AND IMPROVEMENT The following questions are intended to help us improve our application process. Please indicate your agreement/disagreement with the following statements. Your responses will not impact the evaluation of your application in any way. 1: Strongly Disagree 2: Disagree 3: Neither Agree Nor Disagree 4: Agree 5: Strongly Agree 1. The application instructions were clear. 1 2 3 4 5 2. The application questions were easily understood. 1 2 3 4 5 3. I was able to receive the assistance I needed from Commerce to complete the application. 1 2 3 4 5 4. I had adequate time to prepare the application prior to the deadline. 1 2 3 4 5 5. Given program requirements, the application process was reasonable. 1 2 3 4 5 6. Which forms or portions thereof were particularly difficult to understand or respond to, and do you have any recommendations for how they should be presented? 75 31 CITY OF Federal Way Centered on Opportunity This page was intentionally left blank. 76 COUNCIL MEETING DATE: January 18, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Public Safety Testing Subscriber Agreement— Amendment 01 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department amend the contract with Public Safety Testing (PST) to increase compensation? COMMITTEE: PRHS&PSC MEETING DATE: January 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Neal, Deput�Chief of Police DEVI: Police Department Attachments: 1. Staff Report 2. PST Subscriber Agreement—Amendment#1 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: (�,/I�Ic�r .(2;Z_,EL DIRECTOR APPROVAL: /�s �✓ COMMITTEE RECOMMENDATION: `I move to forward the proposed contract amendment to the January 18, 2022 consent agenda for approval. " Committee Member Committee Member Committee Chair PROPOSED COUNCIL MOTION: "I move approval of the proposed contract amendment. " (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: COUNCIL BILL p ❑ APPROVED ❑ DENIED PT reading ❑ TABLED/DEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinance, only) ORDINANCE REVISED— 112019 RESOLUTION N 77 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 11, 2021 TO: Federal Way City Council VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Public Safety Testing Subscriber Agreement 2020 — 2022 Financial Impacts: The cost for Amendment # 1 to the Public Safety Testing (PST) 2020-2022 subscriber agreement will be $25,500. Background Information: The Federal Way Police Department (FWPD) originally entered into a PST Subscriber Agreement around 2013 for the recruitment and testing of entry level and lateral police candidates. In 2017, PST started holding promotional assessment center testing, as well as, continuing with recruitment and testing of police candidates. All of this is coordinated and observed by a FWPD Commander and/or Administrative Lt/Officer. A new Public Safety Testing Subscriber Agreement was entered into for January 1, 2020 through December 31, 2022. This initial agreement covered the generalized annual costs; however, our testing fees were underestimated, and in 2021 we conducted two special assessment centers. One for a Commander promotion and one for a Lieutenant promotion. For these reasons our initial funding was depleted in the second quarter of 2021. To cover our funding shortage and in anticipation of a possible specialized assessment center in 2022, we are requesting that the additional $25,500 be approved. W ,!;$� Federal . CITY OV CITY HALL 33325 2th Avenue South Way Federat Way, VVA 98003-6325 (253) 335-7000 e+its=�v:city=oitecter�rlvv��y�=, c}rr� AMENDMENT NO. 41 TO SUBSCRIBER AGREEMENT FOR POLICE OFFICER RECRUITMENT & TESTING This Amendment ("Amendment No. I") is made between the City of Federal Way, a Washington municipal corporation ("City" also "Subscriber"), and Public Safety Testing, Inc., a privately -owned Washington corporation or a sole proprietor ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Subscriber Agreement for Police Officer Recruitment and Testing ("Agreement") dated effective January 1, 2020, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced on page one (1) 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 13-1, 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). 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 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] 79 AMENDMENT - 1 - 11 /2019 CITY OF V �w + ar. CITY HALL 33325 8th Avenue S011th Federal Way, WA 98003-6325 (253) 835-7000 s+��iLv r•�f!v`nftetltl'�14>Ve]u cc>+n IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE PUBLIC SAFETY TESTING, INC.: By: Printed Name: Jc Title: President Date: F. Walters Jr ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney AMENDMENT 80 -2- 11/2019 CITY or CITY FALL 33325 Sth Avenue South Federal Way, VVA 98003-6325 ,'A�k Federal Way (253) 335-7000 EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Twenty -Five Thousand Five Hundred and NO/100 Dollars ($25,500). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Fifty Thousand Five Hundred and NO/100 Dollars ($50,500). 2. Method of Compensation: All related professional fees, noted and described on page one (1) of this agreement, shall remain unchanged by this amendment and Payment terms shall remain the same as described in Section 1.5 of the original agreement. 81 AMENDMENT - 3 - 11/2019 CITY 4F . `:. Federal Way Centered on Opportunity This page was intentionally left blank. COUNCIL MEETING DATE: January 18, 2022 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2 DIVERSITY COMMISSION WORK PLAN POLICY QUESTION: Should the City Council approve the City of Federal Way Diversity Commission's 2022 Work Plan? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: 1/11/2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bddgeford,, Communi Services Manager DEPT:_CDCS Attachments: City of Federal Way Diversity Commission 2022 Work Plan Background: At their December 8, 2021, meeting, the Diversity Commission voted to recommend approval of its 2022 Work Plan, outlining specific goals and activities that the Commission intends to follow to focus their annual efforts. The plan includes serving as an advocacy group to the City Council and other established Commission projects. Options Considered: 1. Approve the Diversity Commission's 2022 Work Plan. 2 Do not approve the Diversi Commission Work Plan and provide direction to staff. MAYOR'S. RECOMMENDATION: Option I MAYOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the Diversity Commission's 2022 Work Plan to the January 18, 2022, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION:"I move approval ofthe 2022 Diversity Commission Work Plan." IBEL0W TO BE COMPLETED BY CIIY CLERKS OFFICE) . COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED I^ di., ❑ TABLEDMEFERRED/NOACTION Enactment rending ❑ MOVED TO SECOND READING 0,dinancee only) ORDINANCE REVISED-4=9 RESOLUTION N 83 City of Federal Way k2' S Diversity Commission City of Federal Way Diversity Commission 2022 Work Plan Diversity Commission 1 2%2 Work Plan I Page 1 of 5 CitLof f; 1 1. e . i ' a Diversity Commission OUR VALUES: 1) Helpfulness Expect commissioners to be willing to assist others and to help improve our community by: • Welcoming one-on-one access for new commissioners through an initial meet and greet outside of official meeting • Identifying team strengths and each other's passions • Supporting community -oriented diversity programs through awareness and development 2) Responsibility Maintain a high level of commissioner accountability to each other, the City government, and to our diverse community through: • Civility • Sharing the workload • Transparency • Mutual trusting that intent is genuine • Verifying that commitments are fulfilled • Listening and participating at community events and meetings • Communication with the City's elected officials as directed by City Ordinance 3) Involvement Encourage high level of participation with others in decision -making and problem -solving: • Support involvement through attendance & participation in the Diversity Commission meetings and at Commission events • Participate in subcommittees • Encourage input during meetings through a philosophy that "no comment or idea is unimportant" • Commissioners shall align their individual priorities to the Diversity Commission's mission 4) Consultation The Commission shall consider its larger context within Federal Way and the long-range impact on our community in making strategic decisions by: • Adventure and New Approach — take new risks that lead to better/redefined best practices • External Resources — look to regional- and national -level environments for knowledge • Community Awareness and Insight— intentionally seek an understanding of community concerns and community knowledge • Commission Intelligence — seek added value within "us"- the Commission • Mayor/Council Knowledge & Understanding — Communicating with elected officials 85 Diversity Commission 12022 Work Plan I Page 2 of 5 City o Federal Way !1Commission 9 1t , 9 To advise City government to ensure Federal Way is a community that is united amidst diversity, where everyone is equally respected, valued, needed, and cherished. Equality is not sameness; it is equivalent value. BRAND PROMISE: The Diversity Commission is dedicated to helping Federal Way become a city where all people have a feeling of belonging and sharing community, where there is equal access to information and resources for all, and where there are equal opportunities for all. ONE-YEAR STRATEGIC OBJECTIVES: The City of Federal Way Diversity Commission shall engage with Federal Way residents and businesses at the neighborhood level during the year. The intention is to build the Commission's knowledge about local and regional equity issues facing our city's residents. We will document this knowledge and use it +Lo cha.,�ti cvc vur 1-1 JSSivn. 86 Diversity Commission 12022 Work Plan I Page 3 of 5 1) The Diversity Commission will serve as an advocacy group to the City Government of Federal Way to: 1. Promote issues that the Diversity Commission believes are important 2. Issue statements/resolutions that promote Diversity, Equity, Inclusion, and Justice 3. Work Collaboratively with Federal Way City Council and Mayor's Office to support ongoing work that supports diversity, equity, inclusion, and justice. 2) The Diversity Commission shall partner with community groups and other organizations to gather input from the community regarding equity and diversity issues in the City; thus, building the Commission's understanding and focusing on future initiatives to address these issues. The Diversity Commission will appoint/designate members for this subcommittee. 1. The Subcommittee will be responsible for the development and implementation of community engagement opportunities. Input from the Diversity Commission will be required. 2. Subcommittee will visit or invite to its meetings individuals, groups or organizations engaged in diversity, equity, inclusion, and justice work. 3. In the event of overlapping goals, the Diversity Commission will work collaboratively with other offices, agencies, and commissions of the City of Federal Way. 3) The Diversity Commission will remain active members of the Federal Way Community through their participation and promotion of community events and activities that intersect with the Commission's Mission. The Diversity Commission may also explore additional opportunities for community engagement and interaction. 4) The Diversity Commission will continue to evolve its processes and workplans. This workplan is organic and does not represent the full opportunities that the Diversity Commission can work on. The Diversity Commission reserves to the right to call special meetings to address certain community issues that will impact the City of Federal Way. The Diversity Commission may include opportunities to discuss current local, state, and federal issues around Diversity, Equity, Inclusion, and Justice. 5) The Diversity Commission reserves the right to add to and amend the work plan in order to match closely with current events and priorities. 6) The Diversity Commission will seek opportunities to provide timely communication to the at - large community and City Government of Federal Way by: 1. Leveraging Social Media 2. Active use of the City of Federal Way Diversity Commission website to post meeting information and other resources Publishing articles or other information 87 Diversity Commission 12022 Work Plan I Page 4 of 5 City • DiversityFederal Way M, Annual Diversity Commission Events • City of Federal Way MLK Celebration • Martin Luther King Jr. Food Drive (January) • Federal Way Elementary School Book Drive • Participate in the Multi -Cultural Nights at schools and other local venues • Flavor of Federal • Sponsor and partner with local community organizations Annual Review of the Diversity Commission's Work Provide an overview of the Diversity Commission's accomplishments. Subcommittees The Diversity Commission uses a subcommittee structure to carry out some of the work and engage Commissioners in planning. Subcommittees may be either ad hoc or ongoing. Subcommittees that have existed in the past, recently, or currently include: a) Community Forums b) Community Outreach c) Efforts & Availability in Social Media d) Flavor of Federal Way e) Implicit Bias Training f) MLK Community Event (with the FWPS) g) MLK Food Drive h) Rep Roger Freeman Award i) Retreat Planning j) Research Organizations in Federal Way k) Workplan The Diversity Commission may use any of the committees above or add additional committees if needed. 88 Diversity Commission 12022 Work Plan I Page 5 of 5