17-019.00 Spokane County: WASPC Property Crimes Grant 17-011
AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE
VALLEY POLICE DEPARTMENT IN CONJUNCTION WITH
RESIDENTIAL BURGLARY & AUTO THEFT TASK FORCES GRANT
1.Grantee 2.Contract Amount 3.Tax ID#
City of Spokane Valley - REDACTED
Spokane Valley Police Department $95,0 0 0
12710 E.Sprague Ave. 4.DUNS#
Spokane Valley,WA 99216 168240617
5.Grantee Representative 6.County's Representative
Saydee Wilson Kari Grytdal
City of Spokane Valley Office of Financial Assistance
11707 E Sprague Ave.,Suite 106 1116 W.Broadway
Spokane Valley,WA 99206 Spokane,WA 99260
(509)720-5046 (509)477-7273
swilson@spokanevalley.org kgrytdal@spokanecounty.org
7.Grantor ID# 8.Original Grant ID# 9.Start Date 10.End Date
290SA60 2016-Spokane-AT/RB 7/1/2016 6/30/2017
11.Funding Authority:
Washington Association of Sheriffs and Police Chiefs
12.Federal Funds(as 13. CFDA# 14.Federal Agency:
applicable)N/A N/A N/A
15.Contractor Selection Process: 16.Contractor Type:
(check all that apply or qualify) (check all that apply)
( ) Sole Source ( ) Private Organization/Individual
( ) A/E Services (X) Public Organization/Jurisdiction
( ) Competitive Bidding ( ) VENDOR
()J Pre-approved by Funder (7) SUBRECIPIENT
ba Non-Profit ( ) For-Profit
17. Grant Purpose: To fund through a legislative appropriation, a pilot project for law enforcement agencies in the City of
Spokane,City of Spokane Valley and Spokane County to set up auto theft task forces in high risk locations and increase the use
of teams devoted to combat residential burglary.
18.COUNTY and the GRANTEE,as identified above,acknowledge and accept the terms of this AGREEMENT and attachments
and have executed this AGREEMENT the date below to start as of the date and year referenced above.The rights and obligations of
both parties to this AGREEMENT are governed by this AGREEMENT and the following other documents incorporated by reference:(1)
General Terms and Conditions,(2)Attachment"A"Scope of Work,and(3)Attachment"B"Budget.
FOR THE GRANTEE: FOR CO NTY:
Vik— Ca./6)A,v\- [Lk-
Signature/
Date
Signatur t/21c)Date
Mark Al
Fre_nch
Name Name
� N_ er Cifr1 cuXr
Title I Title
(FACE SH""""
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
Page 1 of 11 You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
GENERAL TERMS AND CONDITIONS
The Washington State Legislature appropriated for fiscal year 2017 to the Washington Association of
Sheriffs and Police Chiefs (WASPC) a grant in the amount of$300,000. As a result of this funding, an
MOU was entered between the City of Spokane Police Department (hereinafter referred to as "SPD"),
City of Spokane Valley Police Department (hereinafter referred to as "SVPD") and Spokane County
(hereinafter referred to as "COUNTY") setting forth Spokane County as fiscal agent as well as the terms
of the pilot project. These funds are to be used to set up auto theft task forces in high risk locations and
increase the use of teams devoted to combating residential burglary. WASPC deducted $15,000 of the
total award for indirect costs,leaving$285,000 to be divided equally among the three entities above.
SECTION NO. 1: SERVICES
SVPD shall provide those services set forth in the Scope of Work attached hereto as Attachment "A"
and incorporated herein by reference.
SECTION NO.2: COMPENSATION
COUNTY shall reimburse SVPD an amount not to exceed the amount set forth in Attachment "B",
attached hereto and incorporated herein by reference for the performance of all things necessary for or
incidental to the performance of Scope of Work as set forth in Attachment "A". SVPD's
reimbursement for services set forth in Attachment "A" shall be in accordance with the terms and
conditions set forth in the Budget attached hereto as Attachment "B" and incorporated herein by
reference. Requests for reimbursement should be submitted no more than monthly. Invoices must be
submitted with appropriate supporting documentation, including timesheets or similar documents,
copies of receipts, etc., as directed by the COUNTY's representative designated hereinafter. No
payments in advance of or in anticipation of goods or services to be provided under this Grant shall be
made by the COUNTY. In conjunction with each reimbursement request, SVPD shall certify that
services to be performed under this AGREEMENT do not duplicate any services to be charged against
any other grant, subgrant, or other funding source. A reimbursement voucher is provided and is
required for requests for payment.
Requests for reimbursement shall be submitted to:
Matt Descoteaux
Grants & Contracts Analyst
Office of Financial Assistance
1116 West Broadway
Spokane,WA 99260
mdescoteaux@spokanecounty.org
Payment shall be considered timely if made by COUNTY within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by SVPD.
SECTION NO.3: TERM
The term of this AGREEMENT shall commence as of the date on the FACE SHEET and shall terminate
on the date on the FACE SHEET.
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SECTION NO. 4: RELATIONSHIP OF THE PARTIES
No agent, employee, servant or otherwise of SVPD shall be deemed to be an employee, agent, servant, or
otherwise of the COUNTY for any purpose, and the employees of SVPD are not entitled to any of the
benefits that the COUNTY provides for COUNTY employees. SVPD will be solely and entirely
responsible for its acts and the acts of its agents, employees, servants, and subcontractors or otherwise,
during the performance of this AGREEMENT.
SECTION NO.5: VENUE STIPULATION
This AGREEMENT has and shall be construed as having been made and delivered in the State of
Washington and the laws of the State of Washington shall be applicable to its construction and
enforcement. Any action at law, suit in equity or judicial proceeding for the enforcement of this
AGREEMENT or any provision hereto shall be instituted only in courts of competent jurisdiction within
Spokane County,Washington.
SECTION NO.6: COMPLIANCE WITH LAWS
The PARTIES specifically agree to observe all federal, state and local laws, ordinances and regulations
and policies to the extent that they may have any bearing on meeting their respective obligations under the
terms of this AGREEMENT,including,but not limited to 2 CFR Part 200.
SECTION NO. 7: NON-DISCRIMINATION
The PAR 11bS hereto specifically agree that no person shall, on the grounds of race, creed, color, sex,
sexual orientation, national origin, marital status, age or the presence of any sensory, mental, or physical
disability or Vietnam era or disabled veterans status be excluded from full employment rights and
participation in, or be denied the benefits of, or be otherwise subject to, discrimination in conjunction
with any services which SVPD will receive payment under the provisions of this AGREEMENT.
SECTION NO. 8: NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this AGREEMENT,the SVPD shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the SVPD's noncompliance or refusal
to comply with any nondiscrimination law, regulation or policy, this AGREEMENT may be rescinded,
canceled or terminated in whole or in part, and the SVPD may be declared ineligible for further
agreements with the COUNTY. SVPD shall, however, be given a reasonable time in which to cure this
noncompliance. Any dispute may be resolved in accordance with the dispute resolution provision of
this AGREEMENT.
SECTION NO. 9: AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336
SVPD must comply with the ADA, which provides comprehensive civil rights protection to individuals
with disabilities in the areas of employment,public accommodations, state and local government services,
and telecommunications.
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SECTION NO. 10: EQUAL OPPORTUNITY TREATMENT FOR FAITH-BASED ORGANIZATIONS
SVPD agrees to comply with the applicable requirements of 28 CFR Part 38, the Department of Justice
regulation.
SECTION NO. 11: NEW CIVIL RIGHTS PROVISION
SVPD shall comply with the Violence Against Women Reauthorization Act of 2013 provision that
prohibits recipients from excluding, denying benefits to, or discriminating against any person on the basis
of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or
disability in any program or activity funded in whole or in party by this AGREEMENT.
SECTION NO. 12: SERVICES TO LIMITED-ENGLISH-PROFICIENT (LEP)PERSONS
To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable
steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail
providing language assistance services, including interpretation and translation services,where necessary.
Recipients are encouraged to consider the need for language services for LEP persons served or
encountered both in developing their programs and budgets and in conducting their programs and
activities. Reasonable costs associated with providing meaningful access for LEP individuals are
considered allowable program costs. Additional assistance regarding LEP obligations and information
may be found at www.lep.gov.
SECTION NO. 13: TERMINATION FOR CAUSE/SUSPENSION
In the event COUNTY determines that SVPD failed to comply with any term or condition of this
AGREEMENT, COUNTY may terminate the AGREEMENT in whole or in part upon written notice to
SVPD. Such termination shall be deemed "Termination for Cause." Termination shall take effect on
the date specified in the notice.
In the alternative, COUNTY upon written notice may allow SVPD a specific period of time in which to
correct the non-compliance. During the corrective-action time period, COUNTY may suspend further
payment to SVPD in whole or in part, or may restrict SVPD's right to perform duties under this
AGREEMENT. Failure by SVPD to take timely corrective action shall allow COUNTY to terminate
the AGREEMENT upon written notice to SVPD.
"Termination for Cause" shall be deemed a "Termination for Convenience" when COUNTY
determines that SVPD did not fail to comply with the terms of the AGREEMENT or when COUNTY
determines the failure was not caused by SVPD's actions or negligence.
In the event of termination or suspension, SVPD shall be liable for damages as authorized by law
including, but not limited to, any cost difference between the original AGREEMENT and the
replacement or cover agreement and all administrative costs directly related to the replacement
agreement, e.g. cost of the competitive bidding,mailing, advertising and staff time.
SECTION NO. 14: TERMINATION FOR CONVENIENCE
Except as otherwise provided in this AGREEMENT, COUNTY may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this AGREEMENT, in whole or in
part. If this AGREEMENT is so terminated, the COUNTY shall be liable only for payment required
under the terms of this AGREEMENT for services rendered prior to the effective date of termination.
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SECTION NO. 15: TERMINATION PROCEDURES
After receipt of a Notice of Termination, except as otherwise directed by COUNTY, SVPD shall:
A. Stop work under the AGREEMENT on the date, and to the extent specified, in the notice;
B. Place no further orders for materials, services, or facilities related to the AGREEMENT;
C. Assign to COUNTY all of the rights, title, and interest of SVPD under the orders and subcontracts
so terminated, in which case COUNTY has the right, at its discretion, to settle or pay any or all
claims arising out of the termination of such orders and subcontracts. Any attempt by SVPD to
settle such claims must have the prior written approval of COUNTY; and
D. Preserve and transfer any materials, AGREEMENT deliverables and/or COUNTY property in
SVPDS' possession as directed by COUNTY.
Upon termination of the AGREEMENT, COUNTY shall pay SVPD for any service provided by SVPD
under the AGREEMENT prior to the date of termination. COUNTY may withhold any amount due as
COUNTY reasonably determines is necessary to protect COUNTY against potential loss or liability
resulting from the termination. COUNTY shall pay any withheld amount to SVPD if COUNTY later
determines that loss or liability will not occur.
The rights and remedies of COUNTY under this Section are in addition to any other rights and
remedies provided under this AGREEMENT or otherwise provided under law. Provided, further, in the
event that SVPD fails to perform this AGREEMENT in accordance with state laws, federal laws,
and/or the provisions of this AGREEMENT, COUNTY reserves the right to recapture funds in an
amount to compensate COUNTY for the noncompliance in addition to any other remedies available at
law or in equity.
Repayment by SVPD of funds under this recapture provision shall occur within the time period
specified by COUNTY. In the alternative, COUNTY may recapture such funds from payments due
under this AGREEMENT.
SECTION NO. 16: COUNTY REPRESENTATIVE
The COUNTY hereby appoints and SVPD hereby accepts the COUNTY's representative or her designee
as identified on the FACE SHEET as the COUNTY'S liaison for the purpose of administering this
AGREEMENT. SVPD hereby appoints and COUNTY hereby accepts SVPD's representative or his/her
designee as identified on the FACE SHEET as SVPD's liaison for the purpose of administering this
AGREEMENT.
SECTION NO. 17: NOTICES
•
Except as provided to the contrary herein, all notices or other communications given hereunder shall be
deemed given on: (i) the day such notices or other communications are received when sent by personal
delivery; or (ii) the third day following the day on which the same have been mailed by first class
delivery, postage prepaid addressed to the COUNTY or SVPD at the address set forth on the FACE
SHEET for such party, or at such other address as either party shall from time-to-time designate by notice
in writing to the other Party.
SECTION NO. 18: MODIFICATION
No modification or amendment of this AGREEMENT shall be valid until the same is reduced to writing
and executed with the same formalities as this present AGREEMENT.
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SECTION NO. 19: WAIVER
No officer, employee, agent or otherwise of the COUNTY has the power, right or authority to waive any
of the conditions or provisions to this AGREEMENT. No waiver of any breach of this AGREEMENT
shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this
AGREEMENT or at law, shall be taken and construed as cumulative that is, in addition to every other
remedy provided herein or by law. Failure of the COUNTY to enforce at any time any of the provisions of
this AGREEMENT, or to require at any time performance by SVPD of any provision hereof, shall in no
way be construed to be a waiver of such provisions, nor in any way effect the validity of this
AGREEMENT of any part hereof, or the right of the COUNTY to hereafter enforce each and every such
provision.
SECTION NO.20: INDEMNIFICATION
The COUNTY shall protect, defend, indemnify, and hold harmless SVPD, its officers, officials,
employees, and agents while acting within the scope of their employment as such, from any and all
costs, claims,judgments, and/or awards of damages (both to persons and/or property). The COUNTY
will not be required to indemnify, defend, or save harmless SVPD if the claim, suit, or action for
injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of SVPD.
Where such claims, suits, or actions result from the concurrent negligence of both Parties, the
indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's
own negligence.
SVPD agrees to protect, defend, indemnify, and hold harmless the COUNTY, its officers, officials,
employees, and agents while acting within the scope of their employment as such, from any and all
costs, claims,judgments and/or awards of damages (both to persons and/or property). SVPD will not
be required to indemnify, defend, or save harmless the COUNTY if the claim, suit, or action for
injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of the
COUNTY. Where such claims, suits, or actions result from the concurrent negligence of both Parties,
the indemnity provisions provided herein shall be valid and enforceable only to the extent of each
Party's own negligence.
The COUNTY and SVPD agree that its obligations under this section extend to any claim, demand
and/or cause of action brought by, or on behalf of, any COUNTY or SVPD employees or agents while
performing work authorized under this AGREEMENT. For this purpose, the COUNTY and SVPD, by
mutual negotiation, hereby waives any immunity that would otherwise be available to it against such
claims under the Industrial Insurance provisions of chapter 51.12 RCW.
These indemnifications and waiver shall survive the termination of this AGREEMENT.
No officer or employee of SVPD or the COUNTY shall be personally liable for any act, or failure to
act, in connection with this AGREEMENT, it is understood that in such matters they are acting solely
as agents of their respective agencies.
SECTION NO.21: MAINTENANCE OF RECORDS
SVPD shall maintain all books, records, documents, data and other evidence relating to this
AGREEMENT and performance of the Services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs
of any nature expended in the performance of this AGREEMENT. SVPD shall retain such records for a
period of six years following the date of final payment.
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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 finally
resolved.
At no additional cost, SVPD shall make available to the COUNTY, Washington State Auditor, federal
and state officials so authorized by law, or their duly authorized representatives at any time during their
normal operating hours, all records, books or pertinent information which the COUNTY may be required
by law to make part of its auditing procedures, an audit trail, or which may be required for the purpose of
funding the Services contracted for herein. SVPD shall provide access to its facilities for this purpose.
SECTION NO.22: ALL WRITINGS CONTAINED HEREIN
This AGREEMENT contains all the terms and conditions agreed upon by the PAR TIES. 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. SVPD has read and understands all of this
AGREEMENT and now states that no representation, promise or condition not expressed in this
AGREEMENT has been made to induce SVPD to execute the same.
SECTION NO.23: SEVERABILITY
It is understood and agreed between the PAR TIES that if any parts, terms or provisions of this
AGREEMENT are held by the courts to be illegal, the validity of the remaining portions or provisions
shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the
remainder of the AGREEMENT. If it should appear that any part, term or provision of this
AGREEMENT is in conflict with any statutory provisions of the State of Washington, then the part, term
or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it
may be in conflict therewith and this AGREEMENT shall be deemed modify to conform to such statutory
provision.
SECTION NO.24: EXECUTION AND APPROVAL
The PARTIES warrant that the officers/individuals executing below have been duly authorized to act
for and on behalf of the party for purposes of confirming this AGREEMENT.
SECTION NO.25: COUNTERPARTS
This AGREEMENT may be executed in any number of counterparts, each of which, when so executed
and delivered, shall be an original,but such counterparts shall together constitute but one and the same.
SECTION NO.26: DISPUTE RESOLUTION
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to
arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. If
the COUNTY and SVPD representatives cannot resolve the dispute it will be submitted to arbitration.
The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding.
The COUNTY and SVPD shall have the right to designate one person each to act as an arbitrator. The
two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel
shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04A
RCW.The costs of the arbitration panel shall be equally split between the PARTIES.
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SECTION NO.27: NO THIRD PARTY BENEFICIARIES
Nothing in this AGREEMENT is intended to give, or shall give, whether directly or indirectly, any
benefit or right, greater than that enjoyed by the general public,to third persons.
SECTION NO.28: SURVIVAL
Any Sections of this AGREEMENT which, by their sense and context, are intended to survive shall
survive the termination of this AGREEMENT.
SECTION NO.29: INSURANCE
SVPD shall, at its expense, maintain all insurance for the duration of this AGREEMENT.
SECTION NO.30: ASSIGNMENT
Neither this AGREEMENT, nor any claim arising under this AGREEMENT, shall be transferred or
assigned by SVPD without prior written consent of COUNTY.
SECTION NO.31: ATTORNEYS' FEES
Unless expressly permitted under another provision of the AGREEMENT, in the event of litigation or
other action brought to enforce the terms of the AGREEMENT, each party agrees to bear its own
attorneys' fees and costs.
SECTION NO.32: LOSS OF FUNDING
In the event funding from the legislature which is the source of funding by the COUNTY for this
AGREEMENT is withdrawn, reduced, or limited in any way after the effective date of this
AGREEMENT, and prior to normal completion, COUNTY may terminate the AGREEMENT under
the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of
termination,the AGREEMENT may be amended to reflect the new funding limitations and conditions.
SECTION NO.33: REPORTING
SVPD will assist COUNTY and the SPD in providing to Washington Association of Sheriffs & Police
Chiefs, a final report. It is anticipated that the final report will be due before June 30, 2017.
SECTION NO.34: ORDER OF PRECEDENCE:
In the event of an inconsistency between the provisions in AGREEMENT, the inconsistency shall be
resolved by giving precedence.in the following order:.
1) Applicable federal and state of Washington statutes and regulations
2) Face Sheet
3) Attachment"A" Scope of Work
4) Attachment"B"Budget
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ATTACHMENT "A"
SCOPE OF WORK
This Scope of Work clearly identifies the roles and responsibilities of the City of Spokane Valley
Police Department (hereinafter referred to as SVPD) as they relate to the Residential Burglary & Auto
Theft Task Forces Grant.
The goal of investing these funds is to generate both an immediate and lasting reduction in residential
burglaries, auto theft and other related property crimes. While incarceration has an immediate impact,
judicial and sentencing limitations makes this a somewhat temporary solution. Utilizing this grant
across all three agencies for a public awareness campaign, automated license plate readers, and a
dedicated anti-crime task force/neighborhood canvas will have a lasting effect on residential burglaries,
auto theft and other related crime rates in the City of Spokane, City of Spokane Valley and Spokane
County, and will continue to build the bridge between our agencies and the community.
SVPD agrees to,but not limited to,the following conditions:
1. Public Awareness Campaign: SVPD is awarded $20,000 which will remain with Spokane County
as the fiscal agent for funding, who will use the funds to hire an advertising firm and making large
media buys to promote crime reduction through education and the hardening of"soft" targets. A
majority of vehicle prowling's and auto thefts involve unlocked vehicles, some with wallets,
purses, electronics, and firearms still inside, and many burglaries begin with the opportunity
presented by an unsecured residence or open garage. The public awareness campaign will reach the
entire community and broaden the public's knowledge. This will help reduce community citizens'
likelihood of becoming victims.
2. Proactive Property Crime Task Force/Neighborhood Canvas: SVPD will receive $75,000 and
the funds will be devoted to staffing a county-wide anti-crime task force and neighborhood canvas
efforts. These proactive groups will be implemented for a dedicated amount of time. A specialized
anti-crime task force will apply intelligence and data analysis to specifically target the offenders
committing the highest percentage of residential burglary, auto theft and other related property
crimes. The canvas will consist of uniformed police officers making door-to-door and face-to-face
contacts with community members in high crime rate areas and educating them on crime
prevention, basic CEPTED concepts, and building relationships through community partnership.
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ATTACHMENT "B"
BUDGET
Category Budget Protected Direct Costs
Public Awareness Campaign $20,000.00
Proactive Property Crime Task Force/Neighborhood Canvas $75,000.00
Total $95,000.00
Any change in the above budget Transfer of funds between line item budget categories must be
approved by COUNTY'S representative.
Payment will be on a reimbursement basis only and supporting documentation must be provided.
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4 Spokane County
Subrecipient AWaIsd Number 'Award Name
INVOICE VOUCHER Number
INSTRUCTIONS TO CLAIMANT: Submit this form to claim
AGENCY NAME payment for materials, merchandise or services. Show complete
City of Spokane Valley detail for each item.
Police Department Claimant's Certificate: I hereby certify under penalty of perjury that
the items and totals listed herein are proper charges for materials,
merchandise or services furnished to Spokane County,and that all
goods furnished and/or services rendered have been provided
without discrimination because of age,sex,marital status,race,
CLAIMANT(Warrant is to be payable to) creed,color,national origin,handicap,religion,or Vietnam era or
(please fill in your department's mailing address) disabled veterans status and all expenses claimed will not be
City of Spokane Valley charged to any other grant,subgrant or funding source.
Police Department
BY
(SIGN IN INK)
a
(TITLE) (DATE)
FEDERAL I.D.NO. OR SOCIAL SECURITY NO.(For reporting Personal Services Contract Payments to I.R.S. RECEIVED BY DATE RECEIVED
0
DATE DESCRIPTION AMOUNT BILLED
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