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
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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
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COUNCIL MEETING DATE: January 18, 2022 1I111U x: -_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ARTS COMMISSION 2022 CONTRACT FOR SERVICES
POLICY QUESTION: Should the City Council approve the 2022 Arts Commission Contract for Services funding
recommendations?
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
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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
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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.
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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
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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
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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