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077-21 - Kitsap County - ContractKC-407-21 Memorandum of Understanding Registered Sex and Kidnapping Offender Address Verification Program This Memorandum of Understanding ("Agreement") regarding the Registered Sex Offender Address Verification Program ("Program") is between Kitsap County, by and through the Kitsap County Sheriff's Office ("KSCO"), and the City of Bainbridge Island, the City of Bremerton, the City of Port Orchard, and the City of Poulsbo (collectively "Cities"). WHEREAS, KCSO annually receives grant funding from the Washington Association of Sheriffs and Police Chiefs ("WASPC") for face-to-face address verification of the residency of registered sex and kidnapping offenders ("Registry"), as more specifically provided in RCW 9A.44.130; and WHEREAS, RCW 9A.44.130(2) mandates a person who is required to register as a sex offender and/or kidnapping offender within the state of Washington must provide information at the time of registration, including their complete and accurate residential address; and WHEREAS, face-to-face address verification is labor intensive and required to maintain the accuracy of the Registry and to enforce registration requirements and can only be accomplished with the additional resources and assistance from the Cities in Kitsap County; and WHEREAS, KCSO provides a portion of the grant monies to the Cities providing such assistance pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Term. This Agreement will take effect when executed by the County and those cities that sign this Agreement and remain in effect with respect to the signors unless terminated. Any party may terminate their participation in this Agreement at any time with 10-days written notice to the County. 2. City Responsibilities. a. Each City will conduct face-to-face verification of the residential address of registered offenders residing in their respective City and submit quarterly electronic reports for each offender contact as provided below. b. Face-to-face verification of a sex offender's address at their residential address: 1. Level I Offenders and Level II Offenders - face-to-face verification once every six (6) months. Level I Offenders includes unclassified offenders and kidnapping offenders unless a shorter timeframe is required in the interests of public safety. 2. Level III Offenders - face-to-face verification once every three (3) months. c. Electronic verification of face-to-face contact. 1. Electronic Reporting. Agencies must quarterly submit electronic verification in ILeads for each offender contact in accordance with the above -mentioned verification schedule on or before October 5, January 5, April 5, and July 5, annually. 2. Attempted Contacts. If an officer attempts to contact a registered offender and determines that the offender no longer resides at the address where he/she is registered, the officer shall complete an Incident/investigative Report in ILeads and Address and Verification Program 08.9.2021 forward the report to the Kitsap County Sheriff's Office Detective Division for follow up investigation regarding the failure to register. d. Community Notification for Level III Offenders: 1. Each City shall send a press release to the local media on any new Level III offender residing in their jurisdiction. 2. Each City should conduct a community notification meeting on any new registered Level III offender residing in their jurisdiction. 3. KCSO Responsibilities. a. KCSO will do the following: 1. register all sex offenders and kidnapping offenders residing in Kitsap County as required by law; 2. monitor all offenders registered as "transient" within Kitsap County on a weekly basis as required by law; 3. follow up on all incident/investigative reports of failure to register submitted to the KCSO Detective Division by the City; 4. maintain a master file on each registered offender within Kitsap County; and 5. complete and submit the necessary reports/documents to WASPC as required by the Program. 4. Funding a. The number of registered offenders within Kitsap County and the Cities varies annually. Each City will receive a percentage of the annual Program grant monies based on the number of offenders residing in each jurisdiction by August 1 st of each year. The percentage will be calculated based on the percentage of offenders within the jurisdiction of the City compared to the total number of registered offenders within Kitsap County. That percentage of the total award amount minus 50% is your total award amount. [e.g. 794 registered offenders within Kitsap County, with 10 registered offenders within the City of Bainbridge Island's jurisdiction and is 1 % of the total registered offenders. 1 % of the award amount is $1,647.44 X 50% _ $832.72. The City of Bainbridge Island award would be $832.72] The County will provide each City notice on or before August 1, of the total amount each City will receive for its participation in this Program for that new grant year. In no event will a City receive less than $1,000. c. If any funding under this Agreement is not available, withdrawn, reduced, or limited in any way, or if additional or modified conditions are placed on the funding after the Agreement becomes effective, KCSO may in its discretion, and without penalty, reduce or terminate the funding allocated to the Cities and/or terminate the Agreement. 5. Compliance with laws. The parties shall comply with all applicable statutes, which includes without limitation compliance with RCW 4.24.550, 9A.44.130, 9A.44.135, and 36.28A.230, when conducting registration, community notification, and verification of sex and kidnapping offenders. 6. Liability. Each party is responsible and liable for the acts and omissions of its own officers, agents, and employees in connection with the performance of their official duties under this Agreement. Address and Verification Program 08.9.2021 2 7. Independent Capacity. The officers, employees and agents of each party who are engaged in the performance of this Agreement shall continue to be the employees or agents of that party and shall not be considered, for any purpose, to be employees or agents of the other party to this Agreement. Third Party Rights. This Agreement is intended to be solely between the parties. No part of this Agreement shall be construed to add, supplement, or amend existing rights, benefits, or privileges of any third party, including without limitation, employees of either party. 9. Entire Agreement. This Agreement contains the entire understanding of the parties and supersedes any other agreement or understanding of the parties relating to the subject matter of this Agreement. 10. Counterparts. The Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitution one and the same agreement. 11. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. Dated this 16 day of September 2021 i J Gese, S riff Ki sap County Sheriffs Office Address and Verification Program 08.9.2021 CITY OF BAINBRIDGE ISLAND APPROVED: CLARK Chief of Police Dated: �L 14 APPROVED AS TO FORM: /_1„C160:11" BLAIR KING City Manager Dated: ATTEST: JOE L N, C y torney hristine Brown, lerk Address and Verification Program 08.9.2021 4 DocuSign Envelope ID: 4C14BCE2-E2A5-4AA2-8A20-F6F98B4E169C CITY OF BREMERTON APPROVED: DocuSigned by: TOM 35379 Chief of Police Dated: 10/27/2021 APPROVED AS TO FORM: FDocuSigned by: I°ar KylieMin' ne , Ity Attorney APPROVED: DocuSigned by: GREG W u R Mayor Dated: 10/27/2021 ATTEST: DocuSigned by: Ange a 148516Wcfty Clerk Address and Verification Program 08.9.2021 55 KC-407-21 Dated: b `/�?`L96 >L-; 2) Charlotte Archer, City Attorney 1 555111111' k poi : ,,f . `SEAL' NIA lb Op •��!!l7111J 15 155515\1 DocuSign Envelope ID: A3954DF8-E5BF-4EEC-9892-5D30C2F17BOC CITY OF POULSBO APPROVED: DocuSigned by: RON HARDING Chief of Police Dated: 9/10/2021 APPROVED AS TO FORM: L Signed by: S (�" e James Haney City Attorney APPROVED: DocuSigned by: v'- BECKY ERICKSON Mayor Dated: 9/9/2021 ATTEST: DocuSigned by: Rhiannon Fernandez, City Clerk Address and Verification Program 08.9.2021 7