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21-263-APD-001 Interlocal Agreement
COA#21-263-APD-001 SKCOUNTY INTERLOCAL COOPERATIVE AGREEMENT C nttractlT# C 02 0678 BETWEEN Page 1 of 33 SKAGIT COUNTY SHERIFF'S OFFICE AND THE CITIES OF ANACORTES, BURLINGTON, AND MOUNT VERNON THIS INTERLOCAL AGREEMENT is made and entered into, by and between, Skagit County Sheriffs Office, herein after referred to as the "County," and the City of Anacortes, the City of Burlington, and the City of Mount Vernon, herein after referred to as "Cities", WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between governmental agencies; and NOW, THEREFORE, the parties agree as follows: 1. PURPOSE: This agreement sets forth the responsibilities and obligations of the Cities and the County related to the purchases of Less Lethal Tools under a WA State Dept of Commerce grant (EXHIBITS 1, 2 and 3). 2. ADMINISTRATION: No new or separate legal or administrative entity is created to administer the provisions of this agreement. 3. Purchase or acquisition of goods listed in Exhibit 2 by each party acting as agent for either or both parties when agreed to in advance, in writing. 4. The County shall reimburse the City for the work performed under the terms of MANNER OF FINANCING described below. A. TERM OF AGREEMENT: The term of this Agreement shall be from the date of signature by all parties through June 30, 2022 unless terminated sooner as provided herein. B. MANNER OF FINANCING: The City shall submit invoices for reimbursement to the County documenting all actual direct costs for Less Lethal Tools incurred by the Cities. Invoices must be submitted no more frequently than monthly but at least quarterly in order to receive reimbursement. C. Requests for reimbursement of purchases must include a copy of the vendor's invoice. D. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Cities and invoiced by the vendor. E. Final invoice for reimbursement of costs must be submitted to the County before May 15, 2022 F. The County shall reimburse the City within 45 days. G. The method of financing of payment shall be through budgeted funds or other available funds of the party for whose use the property is actually acquired or disposed. Each party accepts no responsibility for the payment of the acquisition price of any goods or services intended for use by the other party. H. Reimbursement shall not exceed award amounts listed on Exhibit 2. 5. ADMINISTRATION: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement (As outlined in Exhibits 1, 2 and 3). In the event such representatives are changed, the party making the change shall notify the other party. A. The County's representative shall be Sheriff Don McDermott. B. The City of Anacortes' representative shall be Chief Dave Floyd C. The City of Burlington's representative shall be Chief Mike Luvera D. The City of Mount Vernon's representative shall be Chief Chris Cammock 6. TREATMENT OF ASSETS AND PROPERTY: The Less Lethal Tools shall remain under the control and responsibility of the Cities. 7. INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the County by reason of entering into this contract except as expressly provided herein. 8. TERMINATION: Any party hereto may terminate this Agreement upon thirty (30) days' notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 9. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 10.SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 11.ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 12.RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the right to contract independently for the acquisition of goods or services without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. 13.COMPLIANCE WITH LEGAL REQUIREMENT: Each party accepts responsibility for compliance with federal, state or local laws and regulations including, in particular, the requirements set forth in Exhibit 1 as well as bidding requirements applicable to its acquisition of goods and services. 14.NON-DELEGATION/NON ASSIGNMENT: Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. 15.HOLD-HARMLESS: Each party shall be liable and responsible for the consequence of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. DocuSign Envelope ID:ODDC9FCE-2491-49DB-A4FD-18825B973E61 FOR CITY OF ANACORTES: (,a�wit, Gt,vti, Laurie Gere, Mayor Date: 12/15/2021 APPROVED AS TO BUDGET: Nair .1.,F,bt. Finance.Director APPROVED AS TO FORM: VaalSW City of Attorney Mailing Address: City of Anacortes 904 6th Street • Anacortes, WA 98221 FOR CITY OF•BURLINGTON: Steve tilon,f yor Date: ] i a 11 PROVED AS TO BUDGET: Fiance Director APPROVED AS TO FORM: of Attorney Mailing Address: City of Burlington 833 Spruce St Burlington,WA 98233 FOR CITY OF MOUNT VERNON: ATTEST Jill B au, Mayor Date: 1 /2-1 APPROVED AS TO BUDGET: L 447,4 Finance Director APPROVED AS TO FORM: ' City of Attorney Mailing Address: City of Mount Vernon 910 Cleveland Mount Vernon,WA 98273 DATED this 21day of be(e444120c , 2024 . BOARD OF COUNTY COMMISSIONERS SKAGIT COU TY,WASHINGT i,et;?„0_ Lisa Janicki, Ch Peter B ing, Commissioner Ron a n, ommissioner Attest: ijitxt AMAcb - - ----------- Clerk of the Board For contracts under$5,000: Authorization per Resolution R20030146 Recommended: County Administrator 44e .u44 — Department Head Approved as to form: Civil Deputy Prosecuting Attorney Erik Pedersen, Reviewed 12/22/2021 Approved as to indemnification: Risk Manager Approved as to budget: Lti,kot) Budget&Finance Director DocuSign Envelope ID:3F1 EC54C-34E5-4A34-A679-49C97A4EC2F7 n • A Washington State /l Department of "40 Commerce Interagency Agreement with Skagit County Sheriff's Office through Less Than Lethal Equipment Program For Purchase of less than lethal equipment Start date: November 15, 2021 DocuSign Envelope ID:3F1EC54C-34E5-4A34-A679-49C97A4EC2F7 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 ii DocuSign Envelope ID:3F1 EC54C34E5-4A34-A679-49C97A4EC2F7 FACE SHEET Contract Number: F19-31440-518 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) Skagit County Sheriff's Office 600 South Third Street Mount Vernon,WA 98273 3.Contractor Representative 4. COMMERCE Representative Tobin Meyer Abigail Snyder P.O. Box 42525 Chief Criminal Deputy Program Manager 1011 Plum Street SE 360-661-4467 360-515-6205 Olympia,WA tobinm@co.skagit.wa.us Abigail.Snyder@commerce.wa.gov 98504-2525 5.Contract Amount 6. Funding Source 7.Start Date 8. End Date $47,317 Federal: ® State: ❑ Other: ❑ N/A: ❑ November 15,2021 June 30,2022 9.Federal Funds(as applicable) Federal Agency: CFDA Number: Indirect Rate(if applicable): $47,317 Department of Justice 16.738 Not Applicable 10.Tax ID# 11.SWV# 12. UBI# 13.DUNS# 91-6001361 0000323-10 297-003-487 071839492 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 Don McDermott,Sheriff Diane Klontz,Assistant Director Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 07/17/2019. APPROVAL ON FILE. iii DocuSign Envelope ID:3F1 EC54C-34E5-4A34-A679-49C97A4EC2F7 F19-31440-518 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 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 $47,317 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$47,317,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 F19-31440-518. Interagency Agreement Page 1 DocuSign Envelope ID:3F1EC54C-34E5-4A34-A679-49C97A4EC2F7 F19-31440-518 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 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 or condition 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. 8. 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 auditreviewCcr�,commerce.wa.gov. 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 Interagency Agreement Pagel 2 DocuSign Envelope ID:3F1 EC54C-34E5-4A34-A679-49C97A4EC2F7 F19-31440-518 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 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; iii. 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 this Contract that it will include the clause titled "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 Interagency Agreement Page 13 DocuSign Envelope ID:3F1 EC54C-34E5-4A34-A679-49C97A4EC2F7 F19-31440-518 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 1. 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. 5. 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 Interagency Agreement Page 14 DocuSign Envelope ID:3F1 EC54C-34E5-4A34-A679-49C97A4EC2F7 F19-31440-518 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 effective from 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. Interagency Agreement Page 15 DocuSign Envelope ID:3F1 EC54C-34E5-4A34-A679-49C97A4EC2F7 F19-31440-518 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 Interagency Agreement Page 16 DocuSign Envelope ID:3F1EC54C-34E5-4A34-A679-49C97A4EC2F7 F19-31440-518 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 or 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. Interagency Agreement Page 17 DocuSign Envelope ID:3F1EC54C-34E5-4A34-A679-49C97A4EC2F7 F19-31440-518 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,lithe 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. Interagency Agreement Page 18 DocuSign Envelope ID:3F1 EC54C-34E5-4A34-A679-49C97A4EC2F7 F19-31440-518 Attachment A Scope of Work Contractor shall purchase the following equipment: • 12 compressed air less lethal launchers, • 7 kevlar tether devices, • 7 kevlar tether holsters, • Two 100 pack kevlar tether cartridges, and • 15 ballistic shields Items will be purchased shortly after the Contract is executed. The Contractor will report on the activities identified above on a quarterly basis.Quarterly reports will be due the 15th day of the month following the end of each calendar quarter of the award period. Interagency Agreement Page 1 9 DocuSign Envelope ID:3F1 EC54C-34E5-4A34 A679-49C97A4EC2F7 F19-31440-518 Attachment B Budget The budget for the award period of November 15,2021 through June 30,2022 is$47,317. Equipment Total $47,317 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 DocuSign Envelope ID:3F1EC54C-34E5-4A34-A679-49C97A4EC2F7 • A Washington State Department of V � Commerce DocuSign Standard Contract Review and Routing Form Office of Firearm Safety and Violence Prevention —Public Safety Type of Action: New Contract/Grant N Amendment❑ IAG N Federal l i State 0 Program/Project Name: Less Than Lethal Equipment Contractor/Grantee Name: Skagit County Contract/Grant Number: F19-31440-518 Term: 11/15/2021 to 6/30/2022 Reviewed by: Title: I verify that I have: Initials: Date: Proofed documents Abigail Snyder Program Matched approved Obligation Summary Manager Memo and Allocation Spreadsheet l-DS Reviewed entry and coding in CMS as 11/17/2021 I 9:06 AM PST Verified that correct template from IntraCOM has been used Kate KellyExecutive OR Director Documentation has been included with Us reason for exception [ -_ 11/17/2021 I 9:38 AM PST DocuSign' Certificate Of Completion Envelope Id:3F1EC54C34E54A34A67949C97A4EC2F7 Status:Sent Subject:Please DocuSign:F19-31440-518-IAG-Skagit Division: Community Services and Housing Program:Office of Firearm Safety and Violence Prevention-Public Safety ContractNumber:F19-31440-518 DocumentType:Contract Source Envelope: Document Pages:14 Signatures:0 Envelope Originator: Certificate Pages:5 Initials:2 Abigail Snyder AutoNav:Enabled 1011 Plum Street SE Envelopeld Stamping:Enabled MS 42525 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525 abigail.snyder@commerce.wa.gov IP Address:147.55.149.163 Record Tracking Status:Original Holder:Abigail Snyder Location:DocuSign 11/17/2021 8:55:41 AM abigail.snyder@commerce.wa.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:Washington State Department of Commerce Location:DocuSign Signer Events Signature Timestamp Abigail Snyder 1—DS Sent:11/17/2021 9:02:32 AM abigail.snyder@commerce.wa.gov Il as Viewed:11/17/2021 9:05:40 AM Security Level:Email,Account Authentication Signed:11/17/2021 9:06:14 AM (None) Signature Adoption:Pre-selected Style Using IP Address:147.55.149.163 Electronic Record and Signature Disclosure: Not Offered via DocuSign Kate Kelly �,OgS;;q�� Sent 11/17/2021 9:06:16 AM kate.kelly©commerce.wa.gov Viewed:11/17/2021 9:38:21 AM Security Level:Email,Account Authentication Signed:11/17/2021 9:38:46 AM (None) Signature Adoption:Uploaded Signature Image Using IP Address:147.55.149243 Electronic Record and Signature Disclosure: Not Offered via DocuSign Don McDermott Sent:11/17/2021 9:38:48 AM donmc@co.skagit.wa.us Viewed:11/17/2021 11:44:40 AM Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:11/17/2021 11:44:40 AM ID:9eb77aee-8417-4401-8412-7de215df80c7 Diane Klontz diane.klontz@commerce.wa.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Tobin Meyer tobinm@co.skagit.wa.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/18/2021 8:30:38 AM ID:1406222c-f4ed-4e13-a3d3-6a275fb5b8e4 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/17/2021 9:02:32 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:8/11/2020 4:44:12 PM Parties agreed to:Don McDermott,Tobin Meyer ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time,Washington State Department of Commerce(we,us or Company)may be required by law to provide to you certain written notices or disclosures. 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GRANT AWARD TYPE AND AMOUNTS EXHIBIT 2 The Anacortes Police Department: • Six(6)compressed air less lethal launchers • Three (3) Kevlar tether • Three (3)Kevlar tether holsters • One (1) Kevlar tether 100 pack cartridges • Three (3)lightweight ballistic shields with attached lighting • REIMBURSEMENT NOT TO EXCEED$15,287 The Burlington Police Department is respectfully requesting: • Three (3) lightweight ballistic shields • REIMBURESMENT NOT TO EXCEED$5,208 The Mount Vernon Police Department is respectfully requesting: • Three(3)compressed air less lethal launchers • Six(6) lightweight ballistic shield • REIMBURSEMENT NOT TO EXCEED$13,671 The Skagit County Sheriff's Office is respectfully requesting: • Three (3)compressed air less lethal launchers • Four(4) Kevlar tether device • Four(4) Kevlar tether device holsters • One(1) Kevlar tether device 100 pack cartridges • Three (3) lightweight ballistic shields with attached lighting • REIMBURSEMENT NOT TO EXCEED$13,151 TECHNICAL PROPOSAL EXHIBIT 3 October 5,2021 To whom it may concern, Thank you for your time and consideration of this grant application that represents multiple local law enforcement agencies in Skagit County. Skagit County is a smaller rural county along the northern 1-5 corridor that is often underrepresented between,and lacks the financial means of,the larger counties along and near its borders. Skagit County law enforcement agencies truly appreciate this opportunity to ensure that law enforcement staff here may be provided adequate means to effectively provide the safest response possible using the least amount of force necessary for the intended lawful purpose. Recent legislative changes have unexpectedly removed a number of less-lethal options for law enforcement in Skagit County. Replacement requirements and costs were not anticipated and therefore not budgeted. A. Project Approach/Methodology This application represents a regionally beneficial request • ,ri� " _ ,-,a, „ ' from the Skagit County Sheriffs Office,the Anacortes Police ,,(--Jr .aI _ ;,.�'�;�" �'Y , ti Department,the Burlington Police Department, and the - _ . `. L� :11111 Mount Vernon Police Department. The Skagit County '` Sheriffs Office provides law enforcement services throughout Skagit County and oversees multi-agency inter-local law enforcement services to include an inter-local tactical/SWAT Figure 1-2018 Skagit County Deputy Jason team and drug task force. The Anacortes Police Department, Moses responding with a less-lethal beanbag shotgun launcher to a person armed with a Burlington Police Department,and Mount Vernon Police pistol experiencing a mental health crisis in the Department oversees law enforcement services within the City of Anacortes. The person was disarmed city limits of Anacortes, Burlington,and Mount Vernon and safely taken into custody due,in full,to the use of the launcher likely saving their life and respectively and regularly provides mutual aid to other the lives of others. Soon after this incident the agencies in Skagit County when requested.The Mount Vernon City of Anacortes acquired beanbag launchers. Police Department also oversees a tactical team that often This style of launcher is now prohibited under provides tactical support within and outside of the city limits RCW 10.116.040.New tools are needed to replace ones prohibited under the new law. of Mount Vernon. All of the agencies mentioned have been significantly impacted by RCW 10.116.040 which prohibits firearms and ammunition of.50 caliber or greater. These agencies relied heavily on "bean bag"shotguns as less-lethal tools and have,in fact, deployed these tools prior to the legislative changes in life-saving scenarios. Upon passage of WA HB 1054 and RCW 10.116.040 being enacted,the Skagit County Sheriff's Office and the Anacortes Police Department analyzed the language as enacted and determined that it prohibited the use of any firearms greater than .50 caliber to include all less-lethal shotgun beanbag launchers in addition to other important less-lethal tools used by the County-wide inter-local and Mount Vernon Police Department tactical teams such as 40mm less-lethal munition launchers. All of these tools have been removed from service pending any future changes or amendments to State law leaving a large gap in less-lethal options. Options exist to fill the void left by the passage of RCW 10.116.040 including the compressed air less lethal launchers and Kevlar tether launching devices however,Skagit County law 1 enforcement agencies did not budget for these unanticipated expenses. Additionally,Skagit County law enforcement agencies are grappling with other significant unanticipated and effectively unfunded mandates resulting from the passage of other new laws to include body worn cameras and the staff necessary for their deployment. These unanticipated and unbudgeted costs directly resulting from the passage of several new laws, including RCW 10.116.040, have quickly risen well into the hundreds of thousands of dollars. The Skagit County law enforcement agencies work and train together and maintain a cadre of firearms, defensive tactics, less-lethal, and field training officers who have been trained and certified by CJTC in adult learning and associated instruction. These instructors are willing and capable to receive training necessary to provide thorough instruction to all agency members who would be equipped to carry less- lethal tools provided under this grant opportunity. The Skagit County law enforcement agencies have a long history of cooperation above and beyond normal mutual aid to include various multi-agency,grant pass-through,and inter-local operations to include marine patrol,Operation Stonegarden,drug task force operations,independent investigation team,and other similar joint operations. The Skagit County law enforcement agencies have strived to ensure that every patrol shift has the tools and equipment necessary to lawfully,effectively and safely fulfill the mission of the agency and expectations of the communities served. Through experience,Skagit County law enforcement agencies have observed that equipment assigned to individual squads/shifts/precincts or personnel will have longer service life due to ownership mentality versus shared equipment. It is vital that less lethal equipment is maintained in prime condition and ready to deploy at any time. It is through this assessment that agencies represented in this proposal have identified the quantity and type of equipment necessary. The Anacortes Police Department is respectfully requesting: • Six(6) compressed air less lethal launchers—one assigned to each supervisor to replace less-lethal shotgun bean bag launchers. • Three (3)Kevlar tether devices—one assigned to each of three shifts. • Three (3) Kevlar tether holsters—one for each device • One (1) Kevlar tether 100 pack cartridges—one for the agency • Three(3) lightweight ballistic shields with attached lighting—one assigned to each of three shifts. The Burlington Police Department is respectfully requesting: • Three(3)lightweight ballistic shields—one assigned to each shift. The Mount Vernon Police Department is respectfully requesting: • Three (3)compressed air less lethal launchers—MVPD has been fortunate to receive four compressed air launchers already. With the addition of three additional units,this will ensure that each officer on a squad would be equipped with one. Further,one would be dedicated to the MVPD's tactical emergency response vehicle. • Six(6)lightweight ballistic shield—This will help ensure that each patrol officer first response vehicle would be equipped with a shield. 2 The Skagit County Sheriffs Office is respectfully requesting: • Three(3)compressed air less lethal launchers—The SCSO has been fortunate to receive launchers already. With the addition of three additional units,this will ensure each squad and precinct is equipped with one launcher. • Four(4) Kevlar tether device—This will ensure that each primary patrol squad is equipped with one device. • Four(4) Kevlar tether device holsters—one per device • One (1) Kevlar tether device 100 pack cartridges—one for the agency • Four(4) lightweight ballistic shields with attached lighting—This will ensure that each primary patrol squad is equipped with at least one ballistic shield. The Skagit County Sheriffs Office currently has a cadre of certified compressed air less lethal launcher instructors who will provide mandatory instruction to all personnel assigned to carry the launcher.The Skagit County Sheriffs Office has also received a demonstration and initial instruction on the use of a kevlartether launcher and will ensure a cadre of trained instructors are available to provide mandatory instruction to any personnel assigned to carry the device. The Skagit County Sheriff's Office oversees the county-wide tactical/SWAT team and the Mount Vernon Police Department oversees the Patrol Tactical Operations team who are all certified as proficient tactical operators by the National Tactical Officer Assocation to include the safe and effective use of ballistic shields. Tactical team personnel provide regular training to general patrol staff and this instruction will include the use of ballistic shields. All training and instructors provided to SCSO personnel will be available to other Skagit County law enforcement agency personnel. The Anacortes Police Department, Burlington Police Department,and Mount Vernon Police Department will maintain an equivalent cadre of instructors or rely on SCSO trainers as necessary. The Sheriffs Office maintains a training facility located in Bayview, WA near the Skagit County Regional Airport. This facility is equipped for both presentation and practical training for all devices proposed under this grant application. The Anacortes Police Department, Burlington Police Department,and Mount Vernon Police Department also maintain department facilities capable of presentation and practical training. An interlocal agreement specific to this grant will be requried between the Skagit County Sheriffs Office,the Anacortes Police Department, Burlington Police Department,and Mount Vernon Police Department for assurances and to allow Skagit County to act as a primary applicant and coordinator for related services, monitoring,and equipment. B. Work Plan The Skagit County Sheriffs Office will serve as the primary coordinator and point of contact for this project and also coordinate all procurement,distribution,and monitoring of equipment and training. An interlocal agreement,specific to this grant,will be required between Skagit County, Anacortes, Burlington, and Mount Vernon upon or ahead of any award notification. The Anacortes Police Department is respectfully requesting: 3 • Six(6)compressed air less lethal launchers—one assigned to each supervisor to replace less-lethal shotgun bean bag launchers. Each person assigned a device will receive mandatory training from a certified trainer prior to deployment of devices. • Three (3)Kevlar tether devices—one assigned to each of three shifts. Each person assigned a device will receive mandatory training from a certified trainer prior to deployment of devices. • Three (3) Kevlar tether device holsters—one per device • One (1) Kevlar tether device 100 pack cartridges—one per agency • Three (3) lightweight ballistic shields with attached lighting—one assigned to each of three shifts. Each person assigned a lightweight ballistic shield will receive training from a tactical team member as necessary. The Burlington Police Department is respectfully requesting: • Three(3) lightweight ballistic shields—one assigned to each shift. Each person assigned a lightweight ballistic shield will receive training from a Skagit County inter-local tactical team member as necessary. The Mount Vernon Police Department is respectfully requesting: • Three (3)compressed air less lethal launchers—MVPD has been fortunate to receive four compressed air launchers already. With the addition of three additional units,this will ensure that each officer on a squad would be equipped with one. Further,one would be dedicated to the MVPD's tactical emergency response vehicle. Each person assigned a device will receive mandatory training from a certified trainer prior to deployment of devices • Six(6) lightweight ballistic shield—This will help ensure that each patrol officer first response vehicle would be equipped with a shield. Each person assigned a lightweight ballistic shield will receive training from a tactical team member as necessary. The Skagit County Sheriff's Office is respectfully requesting: • Three(3) compressed air less lethal launchers—The SCSO has been fortunate to received three compressed air less lethal launchers already. With the addition of three additional units,this will ensure each squad and precinct is equipped with one launcher. Each person assigned a compressed air less lethal launcher will receive mandatory training from a certified trainer prior to deployment of devices. • Four(4) Kevlar tether devices—This will ensure that each primary patrol squad is equipped with one Kevlar tether device. Each person assigned a device will receive mandatory training from a certified trainer prior to deployment of devices. • Four(4) Kevlar tether device holsters—one per device. • One(1) Kevlar tether 100 pack cartridges—one per agency. • Four(4) lightweight ballistic shields with attached lighting—This will ensure that each primary patrol squad is equipped with at least one ballistic shield. Each person assigned a lightweight ballistic shield will receive training from a Skagit County inter-local tactical team member as necessary. 4 C. Project Schedule Upon award notification- Execute interlocal agreement between Skagit County,City of Anacortes,City of Burlington,and City of Mount Vernon. Award plus 45 days— Local competitive bid process completed Award plus 60 days- Ordering completed and procurement in-progress. *Award plus 90 days— Procurement completed. Mandatory training completed. All equipment deployed. Award plus 180 days—Complete any necessary data collection and reporting and provide to COMMERCE. *Due to increased demand for less than lethal products to include compressed air less lethal launchers and kevlar tether type devices it is believed that the above timeline is within reason and practicle but could be subject to change depending on supply chain issues out of our control. D. Outcomes and Performance Measurements All Skagit County law enforcement utilize a shared reporting and information management system with common reporting components to include less-lethal deployment data. It is proposed that this data be shared with COMMERCE,within applicable state law,and as required by COMMERCE. The intended outcome of this project is to ensure that less-than-lethal alternatives,to those now prohibited under state law,are readily available to patrol staff and to offer staff tools that allow for the least amount of force necessary to be used to effect the lawful purpose intended. Sharing less-lethal use and deployment data will demonstrate the effectiveness of this project to achieving the intended outcome over a given time period. E. Risks The Skagit County Sheriffs Office has been in recent contact with potential vendors of less-lethal equipment and have been advised of potential delays in receiving equipment due to high demand and supply chain issues. The ordering process will be closely monitored and any significant delays will be reported to COMMERCE immediately. If necessary,adjustments will be made if a vendor is unresponsive or unable to meet original agreed upon deadlines or timelines. 5 All Skagit County law enforcement agencies are safety-centric agencies aware of the immense inherent risks associated with the use of less lethal equipment. Competent initial and recurrent training along with up-to-date policies and procedures are methods used by Skagit County law enforcement agencies to mitigate risk as effectively as possible. Any misuse or misapplication of less lethal equipment could jeopardize the success of this project and will genereate an internal investigation to determine the cause,appropriate re-training and/or disciplanry action. F. Deliverables Deliverables include: • Twelve(12) compressed air less lethal launchers • Seven (7) kevlar tether devices • Seven(7) kevlar tether holsters • Two (2) 100 pack kevlar tether cartridges • Fifteen (15) ballistic shields And any other items,data,service,and/or documentation deemed necessary by COMMERCE to be considered compliant with this grant. 6