HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 09/11/2012 (3) Public Safety Committee Agenda
T Councilmembers: Les Thomas • Dana Ralph • Bill Boyce, Chair
KEN
wA n r ,o September 11, 2012
4:30 p.m.
Item Description Action Speaker Time Pq
1. Approval of Minutes 06/12/12 Yes Bill Boyce 3 min 1
2. National Night Out 2012 — INFO ONLY No Sara Wood 5 min 3
3. Cops With Cancer — INFO ONLY No Pat Ellis 5 min 5
4. Automated Fingerprint Identification No Ken Thomas 5 min 7
System (AFIS) — INFO ONLY
5. Washington Traffic Safety Commission Yes Ken Thomas 3 min 9
grant — ACCEPT and Establish the budget
6. Amendment to Interlocal Agreement with Yes Jon Straus 3 min 17
Chelan County - AUTHORIZE Diane McCuistion
7. Police Department Update — INFO ONLY No Ken Thomas 5 min 31
S. Amend Kent City Code 9.36 — New Section - Yes Michele Walker 5 min 33
DUI Cost Recovery — Ordinance - ADOPT
9. 2012 Emergency Management Performance Yes Brian Felczak 5 min 39
Grant — ACCEPT and AUTHORIZE
Unless otherwise noted, the Public Safety Committee meets the 2nd Tuesday of each month at 4:30 p.m.
in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact the Police Administration at (253) 856-5890.
Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For
TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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�••� KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
June 12, 2012
COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and Bill Boyce, Chair
• The meeting was called to order by Chair Boyce at 4:33 PM.
• Chair Boyce called for additions to the agenda. There was one.
1. Approval of Minutes
L. Thomas moved to approve the minutes of the May 8, 2012 meeting.
The motion was seconded by D. Ralph and passed 3-0.
2. Washington Traffic Safety Commission grant amendment — ACCEPT and AMEND
the budget
Chief of Police Ken Thomas explained the additional funds will provide officer overtime to
conduct traffic safety emphasis patrols. The amendment also extends the term of the grant
from October 1, 2011 through September 30, 2012.
D. Ralph moved to recommend the Kent Police Department accept the additional
funds in the amount of $6,150 from the Washington Traffic Safety Commission
and amend the budget.
The motion was seconded by L. Thomas and passed 3-0.
3. Washington State Patrol SECTOR Service Level Agreement — AUTHORIZE
Chief Thomas explained the updates in the Agreement and noted the termination
date of June 30, 2016. SECTOR Client software is used to create and transmit
electronic collision reports, notice of infractions and notice of criminal citations.
L. Thomas moved to recommend that Council authorize the Chief of Police
to sign the SECTOR Service Level Agreement.
The motion was seconded by D. Ralph and passed 3-0.
4. Police Department Updates — INFO ONLY
Chief of Police Ken Thomas stated that he and Assistant Chief Jon Straus attended
the Washington Association Sheriffs and Police Chiefs (WASPC) Spring Conference last
month. The Kent Police Department received a plaque in recognition of achieving state
accreditation from WASPC for a term of three years.
Chief Thomas announced the promotional test for the Corrections Commander position was
held on May 31". A Corrections Sergeant will be promoted to this position which was
formerly held by Curt Lutz. A promotional test for Corrections Sergeant will occur in July.
Chief Thomas announced that a fundraiser for Kent's Chief For A Day will be held on
Saturday, June 161h, at the Applebee's Restaurant on the East Hill of Kent. Kent Police
Officers will be in uniform serving flapjack breakfasts from 8 to 10 AM in an effort to
raise funds to benefit 6 year-old Mikey Bishop. The ticket price is ten dollars.
S. Fourth of July 2012 — INFO ONLY
Chief Thomas explained what types of fireworks are legal within Kent city limits and that
they can only be discharged on July 41h, between 9 AM and 11 PM. The discharge of
fireworks prior to and after July 41h is illegal and subject to a citation. Chief stated that
extra patrols will be out on the streets July 2-4, along with special emphasis teams
comprised of police officers and fire personnel.
L. Thomas recommended that residents call 9-1-1 at the time of fireworks complaints
so that police can respond to the incident.
WALK-ON ITEM
6. Washington State Parks Department grant award — ACCEPT and Establish the
budget
Chief Thomas explained the grant funds provide marine patrol overtime, maintenance and
operation of the police patrol boat on Lake Meridian during the grant period of July 1, 2012
through June 30, 2013.
D. Ralph moved to recommend that Council authorize the Kent Police Department
to accept the Washington State Parks and Recreation Commission grant in the
amount of $19,045, and establish the budget.
The motion was seconded by L. Thomas and passed 3-0.
The meeting adjourned at 4:45 PM.
Jo Thompson,
Public Safety Committee Secretary
Public Safety Committee Minutes 2
June 12, 2012
POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5888
ZKENT Fax: 253-856-6802
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 11, 2012
TO: Public Safety Committee
SUBJECT: National Night Out 2012 After-action Report
INFO ONLY:
SUMMARY: Chief Ken Thomas and Sara Wood, Public Education Specialist, will provide
information on this year's event.
EXHIBITS: None
BUDGET IMPACT: None
City of Kent Public Safety Committee NNO
September 11, 2012
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5888
ZKENT Fax: 253-856-6802
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 11, 2012
TO: Public Safety Committee
SUBJECT: Cops With Cancer
INFO ONLY:
SUMMARY: Chaplain Pat Ellis and Officer Hans Mak will provide information about the
Cops With Cancer organization.
EXHIBITS: None
BUDGET IMPACT: None
City of Kent Public Safety Committee Cops With Cancer
September 11, 2012
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5888
ZKENT Fax: 253-856-6802
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 11, 2012
TO: Public Safety Committee
SUBJECT: Automated Fingerprint Identification System (AFIS)
INFO ONLY:
SUMMARY: Chief Ken Thomas will explain how law enforcement utilizes AFIS.
EXHIBITS: None
BUDGET IMPACT: None
City of Kent Public Safety Committee AFIS
September 11, 2012
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5888
ZKENT Fax: 253-856-6802
WASHINGTON Add ress: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 11, 2012
TO: Public Safety Committee
SUBJECT: Washington Traffic Safety Commission grant award
MOTION: I recommend that Council accept the Washington Traffic Safety
Commission Target Zero Teams grant in an amount not to exceed $24,240,
authorize the Mayor to sign the Memorandum of Understanding and establish the
budget.
SUMMARY: The Kent Police Department has received notification of funds in the amount
of $24,240 for the Kent/South King County Target Zero Teams Task Force. The grant will
fund officer overtime during specified Target Zero DUI emphasis dates, as well as
overtime reimbursement for the Law Enforcement Liaison and for the Target Zero
Manager. The Target Zero Manager is a Public Education Specialist for the Kent Police
Department.
The Kent/South King County Target Zero Task Force will support the WTSC goal to reduce
deaths, serious injuries, and economic losses that result from traffic collisions. An
emphasis will be placed on the primary goals/emphasis areas of the Washington State
Strategic Highway Safety Plan - Target Zero:
• Reduce crashes involving impaired drivers
• Reduce speed related crashes
• Increase seat belt & child restraint use
If awarded, this grant begins on October 1, 2012 and ends June 30, 2013.
EXHIBITS: WTSC Memorandum of Understanding
BUDGET IMPACT: No city matching funds required.
BACKGROUND:
City of Kent Public Safety Committee WTSC Target Zero Teams
September 11, 2012
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2�F'fATE OF
s $
�HZ 1P89 a0�
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
Target Zero Teams
South King County Target Zero Task Forces
Law Enforcement, Law Enforcement Liaison, &
Target Zero Manager
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into
by and between the Kent Police Department (Agency) and the
Washington Traffic Safety Commission (WTSC).
TERM: October 1, 2012 to September 30, 2013
AMOUNT: NOT TO EXCEED $24,240
CFDA # 20.600
IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for King
County Law Enforcement Agencies to participate in the Target Zero Teams
project.
GOAL: to reduce the number of people killed or seriously injured by impaired
drivers in King County through aggressive, multi-jurisdictional, high-visibility
patrols using an integrated systems approach to traffic safety which is
evidenced-based and targets the locations where the most safety benefit can
be realized.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. SCOPE OF WORK: The Target Zero Team DUI patrols will be deployed at
times and locations where data indicates that the most safety benefit can
be realized as determined by the King County Target Zero Task Forces.
2. CONDITIONS: (Agency) will deploy highly skilled officers in coordination
with other King County Law Enforcement agencies, the King County
Target Zero Task Forces, and the WSP District 2 Target Zero Team to
generate the highest amount of deterrence possible.
(Agency) certifies that all of the officers that participate in patrols under
the terms of this agreement are SFST trained. SFST training is required
as follows:
Created: August 2012 TZT KING LE/LEUTZM MOU FFY 2013 Page 1 of 4
• Officers who received SFST training prior to 2008 will need to
pass SFST refresher training before participating on these
patrols.
• Officer who received SFST training in 2008 or later will need to
take the SFST refresher training when their BAC re-certification
is due to stay current and be qualified to work these patrols.
(BAC re-certification and SFST refresher training are required
every three years.)
• The 16-hour Advanced Roadside Impaired Driving Enforcement
(ARIDE) course is recommended for officers participating in
Target Zero Team patrols.
3. PAYMENT FOR LAW ENFORCEMENT: (Agency) will provide commissioned
law enforcement with appropriate equipment (vehicle, radar, etc.) and on
an overtime basis (not to exceed 1.5 times their normal salary and
benefits) to participate in these emphasis patrols.
(Agency) will also provide the King County Target Zero Task Force Law
Enforcement Liaison on an overtime basis (not to exceed 1.5 times their
normal salary and benefits) as needed, to review data, plan operations,
and coordinate emphasis patrols not to exceed $4,740.
(Agency) will also provide the King County Target Zero Task Force
Manager on an overtime basis (not to exceed 1.5 times their normal
salary and benefits) as needed for the management of the Target Zero
Teams project not to exceed $3,180.
Overtime for court appearances that result from a law enforcement officer
making a DUI arrest while on Target Zero Teams patrol will be considered
for reimbursement with approval from the Target Zero Manager or her
designee.
4. DISPATCH: WTSC will reimburse communications officers/dispatch
personnel for work on this project providing (Agency) has received prior
approval from the Target Zero Manager.
5. GRANT AMOUNT: WTSC will reimburse (Agency) for overtime salary and
benefits. Your agency is allotted $16,320 dollars for the cost of this
project. This allocation may be increased by your Target Zero Manager
during the above campaign(s), without amending this agreement
PROVIDED THAT the increase in the allocation does not exceed 50% of
the original amount. Any increase in allocation exceeding 50% will
require an amendment to this document.
6. PERFORMANCE STANDARDS:
Created: August 2012 TZT KING LE/LEUTZM MOU FFY 2013 Page 2 of 4
a. All participating law enforcement officers are required to have 3
self-initiated contacts per hour of enforcement, or show DUI
arrests.
b. Some violator contacts may result in related, time-consuming
activity. This activity is reimbursable.
c. Other activities, such as collision investigation or emergency
response that are not initiated through emphasis patrol contact
WILL NOT be reimbursed.
7. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (A19-1A Form).
• (Agency) identified as the "Claimant';
• A Federal Tax ID #; and,
• Original signature of the agency head, command officer or
contracting officer.
b. Payroll support documents (signed overtime slips, payroll
documents).
c. Officer TZT Emphasis Patrol Activity Logs (attached) showing 3 or
more self-initiated contacts per hour and/or DUI arrests for
reimbursement for any patrol overtime reimbursement.
S. DEADLINE FOR CLAIMS: All claims for reimbursement for emphases
conducted prior to June 30 must be received by WTSC no later than August
15, 2013. Monthly billing is preferred.
9. DISPUTES: Disputes arising under this Memorandum shall be resolved
by a panel consisting of one representative of the WTSC, one
representative from (Agency), and a mutually agreed upon third party.
The dispute panel shall decide the dispute by majority vote.
10. TERMINATION: Either party may terminate this agreement upon 30
days written notice to the other party. In the event of termination of this
Agreement, the terminating party shall be liable for the performance
rendered prior to the effective date of termination.
11. SUPPLANTING DISCLAIMER: I certify that none of the funds for this
project supplant the normally budgeted funds of this agency nor do
these funds pay for routine traffic enforcement normally provided by this
agency.
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.
Created: August 2012 TZT KING LE/LEUTZM MOU FFY 2013 Page 3 of 4
Kent Police Department
Agency Washington Traffic Safety Commission
Chief Ken Thomas
Contracting Agent (Print) Date
Signature
Date
City of Kent
Agency
Mayor Suzette Cooke
Contracting Agent (Print)
Signature
Date
Agency address (for mailing fully executed MOU):
Kent Police Department
220 4th Ave. S.
Kent, WA 98032
Agency PIO contact:
Assistant Chief Pat Lowery
Kent Police Department
220 4th Ave. S.
Kent, WA 98032
253-856-5833
ploweryCcbkentwa.gov
Please return two signed MOUs to your Target Zero Manager.
Created: August 2012 TZT KING LE/LEUTZM MOU FFY 2013 Page 4 of 4
Sara Wood - Kent Police Department
Target Zero Manager
220 4th Ave. S.
Address
Kent, WA 98032
City/State/Zip
253-856-5851 swoodCabkentwa.gov
Phone/E-mail
Target Zero Manager will return to:
Shelly Baldwin, WTSC Impaired Driving Program Manager
621 - 8th Avenue SW, Suite 409, PO Box 40944
Olympia, WA 98504-0944
360.725.9889 sbaldwin@wtsc.wa.gov
Created: August 2012 TZT KING LE/LEUTZM MOU FFY 2013 Page 5 of 4
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5888
w^ ° ° Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 11, 2012
TO: Public Safety Committee
SUBJECT: Amendment to Interlocal Agreement with Chelan County for the Housing of
Kent Inmates
MOTION: Recommend the Mayor be authorized to enter into an amendment to
the interlocal agreement with Chelan County for the Housing of City of Kent
Inmates with terms and conditions acceptable to the city attorney.
SUMMARY:
The city and Chelan County entered into an interlocal agreement on December 8,
2010, to designate Chelan County Regional Justice Center as a place of
confinement for the incarceration of one or more inmates lawfully committed to its
custody, and for Chelan County to accept and keep in its custody such inmate(s).
That interlocal agreement is set to expire on December 31, 2012. The city and
Chelan County wish to extend the terms and conditions of that interlocal for
another three years.
BUDGET IMPACT: Included in the budget.
Public Safety Committee Amend Interlocal Chelan Co
September 11, 2012
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KENT
W PS H i H G T O F..
FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE
CITY OF KENT, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN
COUNTY REGIONAL JUSTICE CENTER
THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY,
WASHINGTON AND THE CITY OF KENT, WASHINGTON, FORTHE HOUSING OF INMATES IN THE
CHELAN COUNTY REGIONAL JUSTICE CENTER, is made between the CITY OF KENT, a
Washington municipal corporation, hereinafter referred to as "City", and CHELAN COUNTY,
organized under the state of Washington, and doing business at 401 Washington St, Level 2,
Wenatchee, Washington, 98801, hereinafter referred to as "Chelan County."
RECITALS
A. On December 8, 2010, the City and Chelan County entered into an Agreement for
the City to designate Chelan County Regional Justice Center ("CCRJC) as a place of
confinement for the incarceration of one or more inmates lawfully committed to its custody, and
for Chelan County to accept and keep in its custody such inmate(s) in the CCRJC for a rate of
compensation mutually agreed upon by the parties. That Agreement is set to expire on
December 31, 2012.
B. By this first amendment, the parties agree to extend the term of the original
Agreement for an additional three years, through December 31, 2015, and to update contact
information for both parties.
NOW THEREFORE, in consideration of the mutual intent, desire and promises of the
parties and other good and valuable consideration, City and Chelan County agree as follows:
1. Section 2, Duration: Section 2, Duration, is amended to extend the Agreement for
an additional three years through December 31, 2015.
2. Section 4, Mailing Addresses: Section 4, Mailing Addresses, is amended to read as
follows:
Chelan County: Chelan County Regional Justice Center
401 Washington Ste., Level 2
Wenatchee, WA 98801
Primary Contact Person: Curt Lutz, Director
Secondary Contact: Ronda McCallister, Administrative Program Manager
City of Kent: City of Kent Corrections Facility
220 Fourth Avenue South
Kent, WA 98032
Primary Contact Person: Diane McCuistion
FIRST AMENDMENT TO ILA BETWEEN
CHELAN COUNTY AND THE CITY OF KENT- HOUSING OF INMATES Page 1 of 2
Notice mailed shall be deemed received on the date mailed. The parties shall notify each other
in writing of any changes of address.
3. Except as specifically amended by this First Amendment, all remaining provisions
of the Agreement will remain in full force and effect. In addition, upon the effective date of this
First Amendment, the written provisions and terms of this First Amendment shall supersede any
verbal statements of any officer or other representative of the City, and such statements shall
not be effective or be construed as entering into or forming a part of or altering in any manner
the Agreement or this First Amendment.
4. The effective date of this First Amendment is January 1, 2013.
IN WITNESS, the parties have executed this First Amendment to the Interlocal
Agreement between Chelan County, Washington and the City of Kent, Washington, for the
Housing of Inmates in the Chelan County Regional Justice Center on the last date written below.
CITY OF KENT
By:
Print Name: Suzette Cooke
Title: Mayor
Date:
Chelan County
By:
Print Name:
Title:
Date:
Approved as to Form:
Arthur "Pat" Fitzpatrick, Deputy City Attorney
P:\Civil\Files\Open Hies\1550-0ail Population Management\Firsta mend ment.Chelan ILA Housing Of Inmantes 010113-123113.DOC
FIRST AMENDMENT TO ILA BETWEEN
CHELAN COUNTY AND THE CITY OF KENT- HOUSING OF INMATES Page 2 of 2
INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF
KENT, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL
JUSTICE CENTER
THIS INTERLOCAL AGREEMENT ("Agreement') is made and entered into on this day of
December, 2010 by and between the City of Kent, Washington, a Washington municipal
corporation, hereinafter referred to as "City", and Chelan County, Washington, hereinafter
referred to as "Chelan County", each party having been duly organized and now existing
under the laws of the State of Washington.
WITNESSETH:
WHEREAS, The Chelan County Regional Justice Center ("CCRJC") and the Mayor are
authorized by law to have charge and custody of the County Jail and the City prisoners or inmates,
respectively; and
WHEREAS, the City wishes to designate the CCRJC as a place of confinement for the
incarceration of one or more inmates lawfully committed to its custody; and
WHEREAS, Chelan County Department of Corrections is desirous of accepting and keeping in
its custody such inmate(s) in the CCRJC for a rate of compensation mutually agreed upon by the
parties hereto; and
WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county
to contract with any other county or city to perform any governmental service, activity or undertaking
which each contracting county is authorized by law to perform; and
WHEREAS, the governing bodies of each of the parties hereto have determined to enter into
this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as
amended,
NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be
made, the mutual promises and covenants herein contained, and for other good and valuable
consideration, the parties hereto agree as follows:
1 . GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
administrative rules and regulations of the State of Washington shall govern in any matter relating to
an inmate or inmates confined pursuant to this Agreement.
2. DURATION
This Agreement shall enter into full force and effect from January 1, 2010 and end December
31, 2012, subject to earlier termination as provided by Section 3 herein. This Agreement shall be
renewed automatically for like successive periods under such terms and conditions as the parties
Interlocal Agreement Between Chelan County Page 1 of 9
And the City of Kent
may determine. Nothing in this Agreement shall be construed to require the City to house inmates in
Chelan County continuously.
3. TERMINATION
(a) By either party. This Agreement may be terminated by written notice from either party to
the other party delivered by regular mail to the contact person identified herein, provided that
termination shall become effective sixty (60) working days after receipt of such notice. Within said
sixty (60) days, the City agrees to remove its inmate(s) from the CCRJC.
(b) By the City due to lack of funding. The obligation of the City to pay Chelan County under
the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the
appropriation, budgeting availability of sufficient funds by the City. In the event that such funds are
not budgeted, appropriated or otherwise made available for the purpose of payment under this
Agreement at any time after the current fiscal year, then the City shall have the option of terminating
the Agreement upon written notice to Chelan County, except that all services provided to that point
shall be compensated at the agreed rate. The termination of this Agreement for this reason will not
cause any penalty to be charged to the City.
(c) Termination for Breach. In the event the City breaches or fails to perform or observe any
of the terms or conditions herein, and fails to cure such breach or default within seven (7) days of
County's giving the City written notice thereof, or, if not reasonably capable of being cured within such
seven (7) days, within such other period of time as may be reasonable in the circumstances, County
may terminate the City's rights under this Agreement in addition to and not in limitation of any other
remedy of County at law or in equity, and the failure of County to exercise such right at any time shall
not waive County's right to terminate for any future breach or default.
(d) In the event of termination of this agreement for any reason, the City shall compensate
Chelan County for prisoners housed by Chelan County after notice of such termination until the City
retakes its inmates in the same manner and at the same rates as if this Agreement had not been
terminated.
4. MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall be
sent to the following:
Chelan County: Chelan County Regional Justice Center
401 Washington St., Level 2
Wenatchee, WA 98801
Primary Contact Person: Phil Stanley, Director
Secondary Contact: Ronda McCallister, Administrative Program Manager
City of Kent: City of Kent Corrections Facility
Interlocal Agreement Between Chelan County Page 2 of 9
And the City of Kent
220 Fourth Avenue South
Kent, WA 98032
Primary Contact Person: Curt Lutz, Corrections Lieutenant
Notices mailed shall be deemed received on the date mailed. The parties shall notify each other in
writing of any change of address.
5. DEFINITIONS
The parties hereby agree that the following terms shall have the specified meanings unless
indicated otherwise herein:
(a) Day. One prisoner day shall be each day or portion thereof which a prisoner appears in
custody on the jail management system. The count shall be conducted by the jail management
system and each participating jurisdiction shall be charged for each prisoner who is detained in the
CCRJC on a charge and/or conviction from the participating jurisdiction. If the prisoner has a pending
charge and/or conviction from more than one jurisdiction, the cost for that prisoner shall be divided
proportionately.
(b) Inmate Classifications shall be pursuant to the Chelan County Objective Jail Inmate
Classification System which is modeled after the National Institute of Corrections Jail Classification
System:
(i) "Minimum" classification shall apply to those inmates who present a low risk to
staff and the community.
(ii) "Medium" classification shall apply to those inmates who present a moderate risk
to staff and the community.
(iii) "Maximum" classification shall apply to those inmates who present a substantial
risk to staff and the community.
6. COMPENSATION
(a) Rates. Chelan County agrees to accept and house the City's inmates for compensation
per inmate at the rate of $70.00 per day (also see #12 below). This includes minimum and medium
classification inmates. The parties agree that Chelan County will not charge a separate booking fee
in addition to such rate. The date of booking into the CCRJC of the City's inmates, no matter how
little time of a twenty-four (24) hour day it constitutes, shall count as one day and shall be billed to the
City as a day of custody in Chelan County.
(b) Billing and Payment. Chelan County agrees to provide the City with an itemized bill listing
all names of inmates who are housed, the number of days housed (including the date and time of
booking and date and time of release), and the dollar amount due for each. Chelan County agrees to
provide said bill by the 10th of each month. The City agrees to make payment to Chelan County
within 30 days of receipt of such bill for the amount billed for the previous calendar month.
Interlocal Agreement Between Chelan County Page 3 of 9
And the City of Kent
7. RIGHT OF INSPECTION
The City shall have the right to inspect, at all reasonable times, all Chelan County facilities in
which inmates of the City are confined in order to determine if such jail maintains standards of
confinement acceptable to the City and that such inmates therein are treated equally regardless of
race, religion, color, creed or national origin; provided, however, that Chelan County shall be
obligated to manage, maintain and operate its facilities consistent with all applicable federal, state
and local laws and regulations.
8. FURLOUGHS, PASSES, AND WORK RELEASE
Chelan County agrees that no early releases or alternatives to incarceration, including
furloughs, passes, electronic home detention or work release shall be granted to any inmate housed
pursuant to this Agreement without written authorization by the committing court.
9. INMATE ACCOUNTS
Chelan County shall establish and maintain an account for each inmate received from the City
and shall credit to such account all money which is received and shall make disbursements, debiting
such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in
limited amounts as are reasonably necessary for personal maintenance. The Director of the CCRJC
shall be accountable to the City for such inmate funds. At either the termination of this Agreement,
the inmate's death, release from incarceration, or return to either the City or indefinite release to the
court, the inmate's money shall be transferred to either the inmate's account in care of the City, at
such time the City shall be accountable to the inmate for said fund, or to the inmate.
10. INMATE PROPERTY
The City may transfer to Chelan County only limited amounts of personal property of the City's
inmates' recovered from or surrendered by inmates to the City upon booking. Personal property in
excess of one simple "grocery bag" shall at no time be transferred to Chelan County.
11. RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Chelan County to confine the inmate or inmates; to provide
treatment, including the furnishing of subsistence and all necessary medical and hospital services
and supplies; to provide for the inmates' physical needs; to make available to them programs and/or
treatment consistent with the individual needs; to retain them in said custody; to supervise them; to
maintain proper discipline and control; to make certain that they receive no special privileges and that
the sentence and orders of the committing court in the State are faithfully executed; provided that
nothing herein contained shall be construed to require Chelan County, or any of its agents, to provide
service, treatment, facilities or programs for any inmates confined pursuant to this Agreement, which
it does not provide for similar inmates not confined pursuant to this Agreement. Nothing herein shall
be construed as to require Chelan County to provide services, treatment, facilities or programs to the
City's inmates above, beyond or in addition to that required by applicable law.
Interlocal Agreement Between Chelan County Page 4 of 9
And the City of Kent
12. MEDICAL SERVICES
(a) Inmates shall receive such medical, psychiatric and dental treatment when emergent and
necessary to safeguard their health while housed in the CCRJC. Chelan County shall provide or
arrange for the providing of such medical, psychiatric and dental services. Except for routine minor
medical services provided in the CCRJC, the City shall pay directly or reimburse Chelan County for
any and all costs associated with the delivery of any emergency and/or major medical service
provided to the City's inmates. The City shall be responsible for any and all medical, psychiatric and
dental treatment provided outside of the CCRJC and shall be billed therefore. Examples of medical
services which may be provided in the CCRJC but which are not routine, and for which the City shall
be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis
treatment, and hemophiliac treatment. No psychiatric or dental treatment can be provided in the
CCRJC; all psychiatric and dental treatment of the City's inmates shall be billed to the City.
(b) An adequate record of all such services shall be kept by Chelan County for the City's
review at its request, to the extent consistent with confidentiality regulations. Any medical or dental
services of major consequence shall be reported to the City as soon as time permits.
(c) Should medical, psychiatric or dental services require hospitalization, the City agrees to
compensate Chelan County dollar for dollar any amount expended or cost incurred in providing the
same; provided that, except in emergencies, the City will be notified by contacting the Jail Booking
Desk at (253) 856-5775 prior to the inmate's transfer to a hospital, if and when circumstances allow,
or as soon afterward as practicable.
13. DISCIPLINE
Chelan County shall have physical control over and power to execute disciplinary authority
over all inmates of the City's. However, nothing contained herein shall be construed to authorize or
permit the imposition of a type of discipline prohibited by applicable law.
14. RECORDS AND REPORTS
(a) The City shall forward to Chelan County before or at the time of delivery of each inmate a
copy of all inmate records pertaining to the inmate's present incarceration. If additional information is
requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional
information in a timely manner.
(b) Chelan County shall keep all necessary and pertinent records concerning such inmates in
the manner mutually agreed upon by the parties hereto. During an inmate's confinement in Chelan
County, the City shall upon request be entitled to receive and be furnished with copies of any report
or records associated with said inmate(s) incarceration.
15. REMOVAL FROM THE JAIL
An inmate of the City's legally confined in Chelan County shall not be removed therefrom by
any person without written authorization from the City or by order of any court having jurisdiction. The
City hereby designates the official authorized to direct Chelan County to
Interlocal Agreement Between Chelan County Page 5 of 9
And the City of Kent
remove the City's inmates from the CCRJC. Chelan County agrees that no early releases or
alternatives to incarceration including furloughs, passes, work release, work crews or electronic home
detention shall be granted to any inmate without written authorization from the committing court. This
paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for
medical, psychiatric, dental treatment or other catastrophic condition presenting an eminent danger to
the safety of the inmate or to the inmates or personnel of Chelan County. In the event of any such
emergency removal, Chelan County shall inform the City of the whereabouts of the inmate or inmates
so removed, at the earliest practicable time, and shall exercise all reasonable care for the safe
keeping and custody of such inmate or inmates.
16. ESCAPES
In the event any City inmate escapes from Chelan County's custody, Chelan County will use
all reasonable means to recapture the inmate. The escape shall be reported immediately to the City.
Chelan County shall have the primary responsibility for and authority to direct the pursuit and retaking
of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable
to and borne by Chelan County; however, Chelan County shall not be required to expend
unreasonable amounts to pursue and return inmates from other counties, states or countries.
17. DEATH OF AN INMATE
(a) In the event of the death of a City inmate, the Chelan County Coroner shall be notified.
The City shall receive copies of any records made at or in connection with such notification.
(b) Chelan County shall immediately notify the City of the death of a City inmate, furnish
information as requested, and follow the instructions of the City with regard to the disposition of the
body. In the case of an unattended death, suspicious death, or criminal case, the Chelan County
Coroner would have authority over the deceased and would coordinate with local law enforcement to
finish the investigation prior to the release of the deceased inmate. The City hereby designates the
then assigned jail Captain or his or her designee the official authorized to request information from
and provide instructions to Chelan County regarding deceased inmates. The body shall not be
released except on written order of said appropriate official of the City. Written notice shall be
provided within three (3) weekdays of receipt by the City of notice of such death. All expenses
relative to any necessary preparation of the body and shipment charges shall be paid by the City.
With the City's consent, Chelan County may arrange for burial and all matters related or incidental
thereto, and all such expenses shall be paid by the City. The provisions of this paragraph shall
govern only the relations between or among the parties hereto and shall not affect the liability of any
relative or other persons for the disposition of the deceased or for any expenses connected therewith.
(c) The City shall receive a certified copy of the death certificate for any of its inmates who
have died while in Chelan County's custody.
18. RETAKING OF INMATES
Upon request from Chelan County, the City shall, at its expense, retake any City inmate within
thirty-six (36) hours after receipt of such request. In the event the confinement of any City inmate is
terminated for any reason, the City shall, at its expense, retake such inmate at the CCRJC Facility.
Interlocal Agreement Between Chelan County Page 6 of 9
And the City of Kent
19. HOLD HARMLESS AND INDEMNIFICATION
Chelan County agrees to hold harmless, indemnify and defend the City, its officers, agents and
employees, from and against any and all claims, losses, or liability, for injuries, sickness or death of
persons, or damage to property, arising out of any willful misconduct or negligent act, error, or
omission of Chelan County, its officers, agents, or employees, in connection with the services
required by the Agreement, provided, however, that:
(a) Chelan County's obligations to indemnify, defend and hold harmless shall not extend to
injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or
negligence of the City, its officers, agents or employees or sub-consultants; and
(b) Chelan County's obligations to indemnify, defend and hold harmless for injuries, sickness,
death or damage caused by or resulting from the concurrent negligence or willful misconduct of the
Chelan County and the City or of Chelan County and a third party other than an officer, agent or
employee of Chelan County, shall apply only to the extent of the negligence or willful misconduct of
Chelan County.
20. RIGHT OF REFUSAL AND TRANSPORTATION
(a) Chelan County shall have the right to refuse to accept any inmate from the City when, in
the opinion of Chelan County, its inmate census is at capacity and there is a substantial risk that,
through usual operation of the jail, the reasonable operational capacity limits of the jail might be
reached or exceeded.
(b) Chelan County shall further have the right to refuse to accept any inmate from the City
who, in the judgment of Chelan County, has a current illness or injury which may adversely affect the
operations of the CCRJC, has a history of serious medical problems, presents a substantial risk of
escape, or presents a substantial risk of injury to other persons or property, or is classified as a
maximum security inmate pursuant to Chelan County's Objective Jail Classification System. The
inmate should be an inmate who has already been sentenced by the jurisdiction, and should not be
on pre-trial status.
(c) City prisoners incarcerated in Chelan County pursuant to this Agreement shall be
transported to Chelan County and at the expense of Chelan County and shall be returned, if
necessary, to the City by Chelan County personnel and at the County's expense provided that notice
of the necessity of transport is received by Chelan County three (3) days prior to the time of expected
transport. The City hereby designates the then assigned jail Captain or his or her designee the
official authorized to notify Chelan County of the dates for transport and the specific inmates to be
transported.
21 . INDEPENDENT CONTRACTOR
In providing services under this contract, Chelan County is an independent contractor and
neither it or its officers, agents or employees are employees of the City for any purpose, including
responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall
Interlocal Agreement Between Chelan County Page 7 of 9
And the City of Kent
the provision of services under this Agreement give rise to any claim of career service or civil service
rights, which may accrue to an employee of the City under any applicable law, rule or regulation.
22. GENERAL PROVISIONS
(a) Severability. In the event any provisions of this Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the
extent permitted by law. All provisions of this Agreement are severable and unenforceability or
invalidity of a single provision herein shall not affect the remaining provisions.
(b) Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Washington, and venue for any lawsuit shall be the Chelan County Superior Court.
(c) Attorney's Fees. In the event it is necessary for either party to utilize the services of an
attorney to enforce any of the terms of this Agreement, such enforcing party shall be entitled to
compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any
terms of this Agreement, the substantially prevailing party shall be entitled, in addition other relief, to
such reasonable attorney's fees and costs as determined by the Court.
(d) Waiver of Breach. The waiver by either party of the breach of any provision of this
Agreement by the other party must be in writing and shall not operate nor be construed as a waiver of
any subsequent breach by such other party.
(e) Savings Clause. Nothing in this Agreement shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provisions of
this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail but in such
event, the provisions of this Agreement affected shall be curtailed and limited only to the extent
necessary to bring it within legal requirements.
(f) Filing. This Agreement shall be filed with the Chelan County Auditor's Office pursuant to
RCW 39.34.040.
23. INTERPRETATION
This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired,
and it shall be given a fair and reasonable interpretation in accordance with its words, without
consideration or weight given to it being drafted by any party or its counsel. All words used in the
singular shall include the plural; the present tense shall include the future tense; and the masculine
gender shall include the feminine and neuter gender.
24. ACCESS TO RECORDS CLAUSE
The parties hereby agree that authorized representatives of the parties shall have access to
any books, documents, paper and record of the other party that are pertinent to this Agreement for
the purposes of making audits, examinations, excerpts and transcriptions. All such records and all
other records pertinent to this Agreement, and work undertaken pursuant to this Agreement shall be
retained by the parties for a period of three (3) years after the final expiration date of this Agreement
Interlocal Agreement Between Chelan County Page 8 of 9
And the City of Kent
or any amendments hereto, unless a longer period is required to resolve audit, findings or litigation.
In such cases, the parties may expressly agree by an amendment or separate agreement for such
longer period for record retention.
25. ENTIRE AGREEMENT
This Agreement represents the entire integrated Agreement between the City and Chelan
County and supercedes all prior negotiations, representations or agreements, either written or oral.
IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate
by the parties hereto and made affective on the day and year first above written.
CITY OF KENT, WA BOARD OF CHELAN COUNTY
COMMISSIONERS
By: Suzette Cooke, City of Kent Mayor
Keith Goehner, Chair
ATTEST: Doug England, Commissioner
City Clerk Ron Walter, Commissioner
ATTEST:
DATED: Sally Taylor
Clerk of the Board
DATED:
Approved as to Form:
Phil Stanley, Director
Chelan County Regional Justice Center
City of Kent, Deputy City Attorney
Approved as to Form:
Gary A. Riesen, Chelan County Prosecutor
Interlocal Agreement Between Chelan County Page 9 of 9
And the City of Kent
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5888
w^ ° ° Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 11, 2012
TO: Public Safety Committee
SUBJECT: Police Department Update - INFO ONLY
MOTION: NONE
SUMMARY: Chief of Police, Ken Thomas, will provide an update on the Police
Department.
Public Safety Committee KPD update
September 11, 2012
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LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone: 253-856-5782
KENT Fax: 253-856-6770
WASHING70N
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
September 11, 2012
To: Public Safety Committee
From: Michele Walker, Prosecutor
Regarding: Amend KCC 9.36-New Section-DUI Cost recovery-Ordinance-Adopt
MOTION: Recommend council adopt Ordinance No. , adding a new
section 9.36.120, entitled "Emergency response caused by person's intoxication -
Recovery of costs from convicted person."
SUMMARY:
The legislature has found that a public agency incurs expenses in an emergency
response and allows a public agency to recover the expenses of an emergency
response to an incident involving persons who operate a motor vehicle, boat, or
vessel, while under the influence of an alcoholic beverage or drug, or the combined
influence of an alcoholic beverage and a drug.
The city of Kent provides emergency response to a high number of incidents
involving operation of a motor vehicle, boat, or vessel while under the influence of
an alcoholic beverage or drug, or the combined influence of an alcoholic beverage
and a drug. This emergency response results in high costs to the city, specifically
in terms of police officer time spent responding to such incidents.
This ordinance provides a mechanism for the city to recoup some of these costs
from the individual responsible for creating the need for the emergency response
due to their intoxications.
BUDGET IMPACT: Potential Income
P:\Civil\Motions-BlueSheet\Amend 9.36 DUI Cost I covery Modon.docx
1
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.36
by adding a new section 9.36.120 to the Kent City
Code entitled, "Emergency response caused by
person's intoxication - Recovery of costs from
convicted person".
RECITALS
A. Revised Code of Washington 38.52.430 states that a public
agency incurs expenses in an emergency response and allows a public
agency to recover the expenses of an emergency response to an incident
involving persons who operate a motor vehicle, boat, or vessel, or a civil
aircraft while under the influence of an alcoholic beverage or drug, or the
combined influence of an alcoholic beverage and a drug.
B. The city of Kent and the Regional Fire Authority provides emergency
response to a high number of incidents involving individuals who operate
a motor vehicle, boat, or vessel while under the influence of an alcoholic
beverage or drug, or the combined influence of an alcoholic beverage and
drug. This emergency response results in a high cost to the city and
Regional Fire Authority specifically in terms of police and fire time spent
responding to such incidents. This ordinance provides a mechanism for
the city to recoup some of these costs from the individual responsible for
creating the need for the emergency response due to their intoxication.
1 DUI Cost Recovery
Amend KCC 9.36
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - New Section. A New Section 9.36.120 of the Kent
City Code is added as follows:
Sec. 9.36.120. Emergency response caused by person's
intoxication - Recovery of costs from convicted person. A person
whose intoxication causes an incident resulting in an appropriate
emergency response, and who, in connection with the incident, has been
found guilty of or has had his or her prosecution deferred for driving while
under the influence of intoxicating liquor or any drug pursuant to RCW
46.61.502 or use of a vessel while under the influence of alcohol or drugs
pursuant to RCW 79A.60.040 is liable for the expense of the emergency
response to the incident by a public agency. In no event shall a person's
liability under this section for the expense of an emergency response
exceed two thousand five hundred dollars for a particular incident.
The expense of an emergency response is a charge against the person
liable for expenses under this section. The charge constitutes a debt of
that person and is collectible by the public agency incurring those costs in
the same manner as in the case of an obligation under a contract,
expressed or implied. Following a conviction of an offense listed in this
section, and prior to sentencing, the prosecution may present to the court
information setting forth the expenses incurred by the public agency for its
emergency response to the incident. Upon a finding by the court that the
expenses are reasonable, the court shall order the defendant to reimburse
the public agency. The cost reimbursement shall be included in the
sentencing order as an additional monetary obligation of the defendant
2 DUI Cost Recovery
Amend KCC 9.36
and may not be substituted for any other fine or cost required or allowed
by statute. The court may establish a payment schedule for the payment
of the cost reimbursement, separate from any payment schedule imposed
for other fines and costs.
For the purposes of this section, the phrase "expense of an emergency
response" means reasonable costs incurred by a public agency in
reasonably making an appropriate emergency response to the incident, but
shall only include those costs directly arising from the response to the
particular incident. Reasonable costs shall include the costs of providing
police, coroner, firefighting, rescue, emergency medical services, or utility
response at the scene of the incident, as well as the salaries of the
personnel responding to the incident.
SECTION 2, — Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3, — Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 4, — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
3 DUI Cost Recovery
Amend KCC 9.36
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12011.
APPROVED: day of 12011.
PUBLISHED: day of 12011.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P:\Civil\Ordinance\DUI Cost Recovery Revise 9.36.docx
4 DUI Cost Recovery
Amend KCC 9.36
FIRE EMERGENCY MANAGEMENT
Dominic Marzano
Emergency Manager/ Division Chief
OOO
� 24611 116"'Ave. SE
\���/// Kent, WA 98030
was.111,Tor+
Fax: 253-856-4119
PHONE: 253-856-4440
DATE: September 11, 2012
TO: Public Safety Committee
FROM: Dominic V Marzano, Emergency Manager / Division Chief
SUBJECT: 2012 Emergency Management Performance Grant (EMPG)
MOTION: Recommend accepting the 2012 Emergency Management
Performance Grant (EMPG) from Washington State Military
Department, Emergency Management Division, in the amount of
$105,500 and authorizing the Mayor to sign the contract.
SUMMARY: Our Emergency Management Division received a grant in the amount of
$105,500 from the Washington State Military Department and the Department of
Homeland Security to supplement local budget expenditures.
The Washington State Military Department, Emergency Management Division, receives
grant monies each year from the Department of Homeland Security through the
Emergency Management Performance Grant (EMPG). A portion of this grant is
earmarked by the State to be passed through to local jurisdictions that have
emergency management programs to supplement their local emergency management
operating budget in an effort to enhance their emergency management programs.
The Statement of Work, which is included in the attached contract, outlines the
objectives, goals, and deliverables that were identified when we applied for the grant
monies.
This contract is acceptable to the City Attorney.
EXHIBIT: Contract with State of Washington Military Department, Emergency
Management Division
BUDGET IMPACT: No impact this is a pass through grant $105,500 - Grant
Revenues/Expenditures
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Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub-grantee Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
City of Kent-Office of Emergency
Management(OEM) $105,500 E12-322
24611 116th Ave SE
Kent,WA 98030-4939
4. Sub-grantee Contact, phone number: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Jennifer Keizer, 253-856-4342 June 1, 2012 August 31, 2013
7. Department Program Manager, phone number: 8. Data Universal Numbering System(DUNS): 9. UBI #(state revenue):
Sierra Wardell, (253) 512-7121 20253613 173-000-002
10. Funding Authority:
Washington State Military Department the "DEPARTMENT" and the U.S. Department of Homeland Security DHS
11. Federal Funding Source 12. Department 13. Catalog of Federal Domestic Assistance 14. TIN:
Agreement#: Funding Code (PI): (CFDA) #&Title: 91-6001254
EMW-2012-App-00071 723PT 97.042 EMPG
15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 33,47 Kin Certified?: X N/A El NO
g
(BY CONGRESSIONAL DISTRICT): 8, 9 ❑ YES, OMWBE#
18. Agreement Classification 19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Sub-Grantee Selection Process: 21. Sub-Grantee Type (check all that apply)
X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security(DHS) Emergency Management Performance Grant(EMPG)funds to
local jurisdictions and tribes with emergency management programs to support and enhance those programs as
described in the Work Plan.
IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet, Special Terms & Conditions (Exhibit A), General Terms and
Conditions (Exhibit B), Work Plan (Exhibit C), Milestone Timeline (Exhibit D), Budget (Exhibit E), and all other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature Date Signature Date
Dan Swisher, Chief Financial Officer Suzette Cooke, Mayor
Emergency Management Division
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM: Signature Date
Jim Schneider, Fire Chief
Brian E. Buchholz, Signature on file Date 6/13/2012 APPROVED AS TO FORM (if applicable):
Assistant Attorney General
Applicant's Legal Review Date
Form 6/13/2012 wjg
DHS-FEMA-EMPG-FFY 12 Page 1 of 29 City of Kent—OEM
E12-322
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I -- KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
SUB-GRANTEE MILITARY DEPARTMENT
Name Jennifer Keizer Name Sierra Wardell
Title EM Specialist Title EMPG Program Manager
E-Mail jdkeizer@kentwa.gov E-Mail sierra.wardell@mil.wa.gov
Phone 253-856-4342 Phone 253-512-7121
Name Jim Schneider Name Gary Stumph
Title Fire Chief Title EMPG Program Coordinator
E-Mail jchneider@kentwa.gov E-Mail gary.stumph@mil.wa.gov
Phone Phone 253- 512-7483
Name Name Olivia Hollowwa
Title Title EMPG Program Coordinator
E-Mail E-Mail olivia.hollovvwa@mil.wa.gov
Phone Phone 253-512-7149
ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub-grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations (formerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for
Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of
States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non-Federal sources. The Sub-grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non-Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
DHS-FEMA-EMPG-FFY 12 Page 2 of 29 City of Kent—OEM
E12-322
existing program agreements. Non-governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub-grantee shall comply with all applicable federal laws, regulations and guidance
referenced in the "FY 2012 Emergency Management Performance Grants (EMPG)
Program Funding Opportunity Announcement (FOA)", which can be found at
http://www.fema.gov/government/grant/empg/ and are hereby incorporated in and made
a part of this Agreement.
6. The Sub-grantee shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and
complete and return to the Department Attachment #1, Attachment #1 attached to and
made a part of this Agreement.
ARTICLE III — REIMBURSEMENT/INVOICING PROCEDURES
1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http://www.gsa.gov without prior written
approval by Department key personnel.
2. Receipts and/or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub-grantee and be made available upon request by the Department, and local, state,
or federal auditors.
3. The Sub-grantee will submit reimbursement requests to the Department by submitting a
signed A-19 Invoice form and a completed reimbursement spreadsheet (in the format
provided by the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department's key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be
submitted at least bi-annually.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub-grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub-grantee's
authorized representative that states "all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements".
7. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Milestone Timeline and the
Work Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports
and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if the Sub-grantee is not
current with all reporting requirements contained in this Agreement.
DHS-FEMA-EMPG-FFY 12 Page 3 of 29 City of Kent—OEM
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ARTICLE IV— REPORTING REQUIREMENTS
1. The Sub-grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall
submit to the Department's key personnel a final report describing all completed activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle's Work Plan. If a Sub-grantee will not be applying for grant funding
during the next annual grant cycle application process, a final report will be submitted to the
Department detailing progress on all activities listed in the Work Plan.
ARTICLE V— EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will
be recorded and maintained in the Sub-grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub-
recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub-grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub-grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub-grantee for a period of six years from
the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub-grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub-grantee shall take a physical inventory of the equipment and reconcile the results
with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Sub-grantee to determine the cause of the difference. The Sub-grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub-grantee shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage or theft shall be investigated
and a report generated and sent to the Department.
7. If the Sub-grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
a. Items of equipment with a current per-unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to
the awarding agency.
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b. Items of equipment with a current per-unit fair market value of more than $5,000 may
be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring
agency for its share.
9. As recipient of federal funds the Sub-grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub-contractors,
consultants, and sub-grantees who receive pass-through funding from this Grant
Agreement.
10. Allowable equipment categories for the FY 2012 EMPG Program are listed on the web-
based version of the Authorized Equipment List (AEL) located at the Responder Knowledge
Base at http://www.rkb.us/. Reimbursement will only be provided for equipment that (1) is
on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through
the Department; Sub-grantees must contact the Department representative for assistance
in seeking FEMA approval for equipment not on the AEL. Unless expressly provided
otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted
standards to be eligible for purchase using EMPG funds. In addition, Sub-grantees must
obtain and maintain all necessary certifications and licenses for the equipment. Sub-
grantees are solely responsible for ensuring equipment eligibility.
ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION
1 . The Sub-grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located at
http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm.
2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub-grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review.
Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of
funds.
ARTICLE VII — PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub-grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub-grantee's sub-contractors, at
which point the Sub-grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII — SUB-GRANTEE MONITORING
1. The Department will monitor the activities of the Sub-grantee from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, a-mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure allowability
and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
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f. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-
recipients who receive pass-through funding from this Agreement.
ARTICLE IX— GRANT AGREEMENT MODIFICATION REQUESTS
A Sub-grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X— NIMS COMPLIANCY
1. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2012 (FFY12) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2012 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nation sub-grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY11. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource Center at
http://www.fema.gov/emergency/nims.
4. Local governments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the Five-Year NIMS Training
Plan, released in February 2008 and any successor guidance released by FEMA. [Note:
Coursework and training developed and/or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the Five-Year NIMS
Training Plan]. NIMS training guidance is available on FEMA's NIMS Resource Center at
http://www.fema.gov/emergency/nims/NIMSTrainingCourses.shtm.
ARTICLE XI — EMPG SPECIFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS)/Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all-hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law93-288, as amended, 42 U.S.C. 5121-5207).
2. A portion of the FFY12 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes that have emergency management programs to supplement
their local/tribal operating budgets. Each jurisdiction or tribe that applied and met the
qualifications specified in WAC 118-09 regarding emergency management assistance
funds was awarded a sub-grant based on the size of their agency's emergency
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management operating budget. Funds are used by local jurisdictions and tribes to enhance
their emergency management capability.
3. Funds are provided by DHS/FEMA solely for the use of supporting emergency
management programs as provided by the EMPG Program. The Sub-grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub-grantee's application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub-grantee shall provide a match of $105,500 of non-federal origin. Match (cost
share) may be cash or in-kind. To meet matching requirements, the Sub-grantee
contributions must be reasonable, allowable, allocable and necessary under the grant
program and must comply with all Federal requirements and regulations, including but not
limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track and document match.
5. The Sub-grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub-grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
The Sub-grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement or any type of payment
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY12
EMPG Program. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department.
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department' means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub-grantee" means the government or other eligible legal entity to which a sub-
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub-grantee
and any sub-contractor retained by the Sub-grantee as permitted under the terms of
this Grant Agreement. The term "Sub-grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub-grantee Agent' means the official representative and alternate designated or
appointed by the Sub-grantee in writing and authorized to make decisions on behalf
of the Sub-grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the sub-grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" — is defined and used herein to mean the Public Law.
h. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" — is defined and used herein to mean the Office of Management and Budget.
j. "WAC" — is defined and used herein to mean the Washington Administrative Code.
k. "RCW" — is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of
federal funds from all sources, direct and indirect, are required to have a single or a
program-specific audit conducted in accordance with the Office of Management and
Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non-federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A-133. As defined in Circular A-133, the term
"non-federal entity" means a State, local government, or non-profit organization, and the
term "State" includes Indian tribes. Circular A-133 is available on the OMB Home Page
at http://www.omb.gov.
SUB-GRANTEES required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards (GAGAS) as
found in the Government Auditing Standards (the Revised Yellow Book) developed by
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the Comptroller General and the OMB Compliance Supplement. The SUB-GRANTEE-
grantee has the responsibility of notifying its auditor and requesting an audit in
compliance with Circular A-133, to include the Washington State Auditor's Office, a
federal auditor, or a public accountant performing work using GAGAS, as appropriate.
Costs of the audit may be an allowable grant expenditure as authorized by Circular A-
133.
The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub-contractors also maintain auditable
records.
The SUB-GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub-contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB-GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB-GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB-GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB-
GRANTEE's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133,
SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE
fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB-GRANTEE shall include the above audit requirements in any sub-contracts.
Conducting a single or program-specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A-133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
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A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB-GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The SUB-GRANTEE 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 telecommunication.
A.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that
the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub-
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non-procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub-awards to sub-recipients for any amount. With respect to covered
transactions, the SUB-GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub-contractor or sub-recipient or by checking
the Excluded Parties List System (EPLS) maintained by the federal General Services
Administration (GSA). The SUB-GRANTEE also agrees not to enter into any
arrangements or contracts with any party on the Washington State Department of Labor
and Industries' 'Debarred Contractor List."
A.8 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB-GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB-GRANTEE who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest,
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direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement.
The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is
not responsible for determining compliance with, any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, and/or policies. This
obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy
Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities
Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL
93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against
Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56),
Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW
43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
A.10 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for
any purpose not directly connected with the administration of the DEPARTMENT's or the
SUB-GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT.
However, the parties acknowledge that the DEPARTMENT, and state and local
agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public
Records Act.
A.11 DISPUTES
The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes
arising out of or relating to this Grant Agreement through discussion and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this Agreement,
the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
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omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE, or SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.13 LIMITATION OFAUTHORITY—Authorized Signature
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT's Authorized
Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or
Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUB-
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.14 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a "Termination for
Cause" without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and
Modifications" to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB-GRANTEE.
A.16 NONDISCRIMINATION
The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status,
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honorably discharged veteran or military status, or disability (physical, mental, or
sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Grant Agreement.
A.17 NOTICES
The SUB-GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUB-GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB-GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so
comply.
A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB-
GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.20 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.22 PUBLICITY
The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT's name is mentioned or language used from which the connection of the
DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied.
The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
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A.23 RECAPTURE PROVISION
In the event the SUB-GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and/or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB-
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.24 RECORDS
a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records").
b. The SUB-GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB-
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB-GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB-GRANTEE's normal working day.
d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB-GRANTEE in connection with the project.
The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and/or attorneys' fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
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A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUB-GRANTEE hereby certifies that to the best of
their knowledge and belief: (1) no federally appropriated funds have been paid or will be
paid by or on behalf of the SUB-GRANTEE to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the SUB-GRANTEE will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions; (3) and that, as applicable, the SUB-GRANTEE will require that the
language of this certification be included in the award documents for all subawards at all
tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into, and is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB-CONTRACTING
The SUB-GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub-contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB-GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
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It is understood that if the SUB-GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the SUB-GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE
shall be liable for all damages as authorized by law. The rights and remedies of the
DEPARTMENT provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall
not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB-
GRANTEE in writing of the need to take corrective action. If the corrective action is not
taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if
such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB-GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB-GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
DHS-FEMA-EMPG-FFY 12 Page 16 of 29 City of Kent—OEM
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costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence,
the termination shall be deemed to be a "Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB-
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed
work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The
DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB-GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub-contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant Agreement
as is not terminated;
C. Assign to the DEPARTMENT, in the manner, at the times, and to the extent
directed by the DEPARTMENT, all of the rights, title, and interest of the SUB-
GRANTEE under the orders and sub-contracts so terminated, in which case the
DEPARTMENT has the right, at its discretion, to settle or pay any or all claims
arising out of the termination of such orders and sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub-contracts, with the approval or ratification of the DEPARTMENT
to the extent the DEPARTMENT may require, which approval or ratification shall
be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and
to the extent directed by the DEPATMENT any property which,
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if the Grant Agreement had been completed, would have been required to be
furnished to the DEPARTMENT;
f. Complete performance of such part of the work as shall not have been
terminated by the DEPARTMENT in compliance with all contractual
requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require,
for the protection and preservation of the property related to this Grant
Agreement which is in the possession of the SUB-GRANTEE and in which the
DEPARTMENT has or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB-GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB-GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Grant
Agreement. The SUB-GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon
strict performance of any provision of the Grant Agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
APPROVED 6/13/2012
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Exhibit C
�t 2012 Emergency Management Program Workplan
U Agency: City of Kent - OEM
Q
Required Activities for EMPG eligibility
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the
five elements of emergency management: prevention; protection; response; recovery, and mitigation.
Washington State does not require a specific number of activities to receive EMPG funding, however, there are
required capabilities that must be conducted in order to remain eligible for EMPG funding, including the ability to
communicate and warn, educate the public, train and exercise, plan and be NIMS compliant
Core
Capability or Communications and Warning
EMF
1 General Plan for 12EMPG: Participate in all scheduled National Warning System (NAWAS) tests and
exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary
Warning Point. This in the on-going test of the statewide warning fan-out as outlined in the State
CEMP and warning annex. All emergency management jurisdictions must be a part of this fan-out.
Core
Capability or Communications and Warning
EMF
2 General Plan for 12EMPG: Work with EMD to ensure Comprehensive Emergency Management
Network (CEMNET) capability is maintained and participate in scheduled testing between local
Emergency Operations Center (EOC) or similar facility and the state EOC.
Core
Capability or Communications and Warning
3 EMF
General Plan for 12EMPG: Develop and/or update local plans and equipment for use of amateur
radio (HAM bands) through the Radio Amateur Civil Emergency Service (RACES) program and the
state RACES plan.
Core
Capability or Communications and Warning
q EMF
General Plan for 12EMPG: Notify the state EOC immediately upon activation of Kent ECC. Provide
Situation Reports (SITREPS) as needed.
Core
Capability or Communications and Warning
EMF
5 General Plan for 12EMPG: Where possible, work with the Local Area Emergency Alert System (EAS)
Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing
guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance
from the State EMD Telecommunications staff.
6 Core Communications and Warning
DHS-FEMA-EMPG-FFY 12 Page 19 of 29 City of Kent—OEM
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Capability or
EMF
General Plan for 12EMPG: Participate in all scheduled EAS test commensurate with your EAS plan
and operational status of you LRN.
Core
Capability or Laws and Authorities
7 EMF
General Plan for 12EMPG: To be fully compliant with Federal National Incident Management System
(NIMS) compliance requirements. Failure to meet NIMS compliance requirements will result in the loss
of federal preparedness funding.
Core
Capability or Exercises
8 EMF
General Plan for 12EMPG: Participate in the design, conduct and evaluate at least one exercise
during the performance period.
Core
Capability or Planning
EMF
9 General Plan for 12EMPG: Review the Comprehensive Emergency Management Plan (CEMP) and
supporting Emergency Support Functions (ESFs). The CEMP to be compliant with both the National
Response Framework and the National Incident Management System (NIMS). Requirements for plan
development and submission are provided in RCW38.52.070, WAC 118-09 and WAC 118-30
Core
Capability or Finance and Administration
10 EMF
General Plan for 12EMPG: Submit for reimbursement in compliance with 12EMPG Guidance, award
contract, 44CFR, 2CFR Parts 225, 220 and 230
Core
Capability or Public Education and Information
11 EMF
General Plan for 12EMPG: Conduct public disaster/ emergency preparedness education programs
for the citizens and businesses in the community and schools.
Core
Capability or Communications and Warning
12 EMF
General Plan for 12EMPG: Conduct a monthly Citywide radio drill on the Kent Citywide Radio System
800MHz radios between the ECC and all designated Department Operating Centers (DOCs)
Core
Capability or Communications and Warning
13 EMF
General Plan for 12EMPG: Participate in King County Zone 3 monthly 800MHz radio test. The test is
for all public and private agencies in the geographic area of South King County known as Zone 3 to
test.
14 Core Communications and Warning
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Capability or
EMF
General Plan for 12EMPG: Participate in the King County 800MHz radio test monthly.
Core
Capability or Public Education and Information
EMF
15 General Plan for 12EMPG: Conduct a minimum of 2 CERT academies. To teach the full 8 week long
FEMA Course using the approved curriculum. Accommodate students from the general citizenry in
Kent and Fire District 37, the business community in the greater Kent area, and employees from the
City of Kent, Covington and Kent Fire Department and Kent/Covington Schools.
Core
Capability or Communications and Warning
EMF
16 General Plan for 12EMPG: Utilize the city webpage as a resource for outreach and information to the
local, regional, and business communities. To work with Kent RFA Administration to create and
develop a webpage for Kent Fire -RFA/ OEM. Once the Kent Fire Dept/ OEM Website is created we
will also utilize the webpage for same resource.
Core
Capability or Public Education and Information
17 EMF
General Plan for 12EMPG: Set up and staff visual public display booths for large citywide events
including Cornucopia Days and Covington Days. Distribute preparedness information and flyers.
Core
Capability or Public Education and Information
18 EMF
General Plan for 12EMPG: Participate in National Night Out by promoting the Kent Citizen Corps
program in the Community and distributing flyers on personal preparedness.
Core
Capability or Public Education and Information
19 EMF
General Plan for 12EMPG: To hold continuing education classes for past CERT graduates. To
improve and refresh the skills of CERT graduates, keeping their skills current improve their ability to
respond to support their community& first responders at time of a disaster.
Core
Capability or Planning
Y0 EMF
General Plan for 12EMPG: Continue participation in the King County Emergency Management
Advisory Committee, the King County Local Emergency Planning Committee (LEPC)
Core
21 Capability or Planning
EMF
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General Plan for 12EMPG: Continue participation in the Region 6 Homeland Security Council and the
King County Citizen Corps Council. Continue implementing the Region 6 Homeland Security Strategic
Plan and funding distribution plans.
Core
Capability or Planning
22 EMF
General Plan for 12EMPG: Continued participation in the King County Local Emergency Planning
Committee LEPC
Core
Capability or Planning
23 EMF
General Plan for 12EMPG: Continued participation in the King County Region Hazmat Providers
Group.
Core
Capability or Planning
24 EMF
General Plan for 12EMPG: Continued participation in the KC Mass Care Workgroup bi-monthly
meetings.
Core
Capability or Planning
25 EMF
General Plan for 12EMPG: Continued participation in the Regional Catastrophic Planning Group
meetings.
Core
Capability or Planning
EMF
26 General Plan for 12EMPG: Conduct City Emergency Planning Committee meetings to address all
four phases of emergency management within the City of Kent and Kent Fire Dept. Members are
representatives of individual departments and the meeting activities incorporate training, ECC/DOC
interface, and planning elements.
Core
Capability or Planning
27 EMF
General Plan for 12EMPG: Continue to coordinate COOP plan development for all city departments,
review draft plans and assist with standardizations for essential functions
Core
Capability or Planning
Y8 EMF
General Plan for 12EMPG: Meet with South King County geographic Zone 3 Emergency
Management Directors to collaborate on common interest issues involving emergency management in
Zone 3 and regional coordination with King County, Zone 1 and Zone 5.
Core
Capability or Planning
29 EMF
General Plan for 12EMPG: Conduct Kent LEPC meetings annually to meet the requirements of
EPCRA. To review and update Kent LEPC Hazardous Materials Emergency Response Plan.
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Core
Capability or Hazard Identification
30 EMF
General Plan for 12EMPG: Review the requirements for the FEMA Community Rating System
including any impact analysis reports and CRS activities. Coordinate activities with Public Works to
determine activities necessary and achievable to reduce insurance premiums.
Core
Capability or Planning
31 EMF
General Plan for 12EMPG: Continue to identify enhancements of Kent OEM ECC functionality and
capabilities.
Core
Capability or Logistics and Resource Management
32 EMF
General Plan for 12EMPG: Continue to conduct monthly ECC in service days to test systems on a
rotating basis. All systems such as electronics, displays, forms, and other material required for
activation are checked and tested.
Core
Capability or Training
33 EMF
General Plan for 12EMPG: Research and send staff to available training activities, conferences, or
professional development courses or meetings to enhance personnel professionalism in emergency
management.
Core
Capability or Training
34 EMF
General Plan for 12EMPG: Kent Communication Support Team (KCST) to hold drills on each 5th
Saturday in 2011 and other trainings as needed.
Core
Capability or Communications and Warning
35 EMF
General Plan for 12EMPG: Maintain and update the reverse 911 community alert systems
(CodeRed) for Kent.
Core
Capability or Training
36 EMF
General Plan for 12EMPG: To deliver position specific training to staff in preparation for participation
in IEMC.
Core
Capability or Planning
37 EMF
General Plan for 12EMPG: Continue to actively participate in the Public Assistance Program and
recovery actions resulting from Howard Hanson Dam issues.
38 Core Mitigation
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Capability or
EMF
General Plan for 12EMPG: Continue to work on levee restoration as a result of the Green Giver
Howard Hanson Dam planning and preparation activities.
Core
Capability or Hazard Identification
39 EMF
General Plan for 12EMPG: Receive Review and Document Tier II's from HAZMAT facilities.
Core
Capability or Training
40 EMF
General Plan for 12EMPG: Develop and train a volunteer team to support multiple functions within the
ECC and/or Disaster Preparedness/Recovery as per WAC 118.04
Core
Capability or Training
EMF
41 Accomplishments for 11 EMPG: New for 2012 work plan
General Plan for 12EMPG: Participate in and assist in the planning, development and training for the
evergreen quake exercise.
Core
Capability or Communications and Warning
EMF
42 Accomplishments for 11 EMPG: New for 2012 work plan
General Plan for 12EMPG: Replace and/or Reband City Wide 800 MHz radios.
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Exhibit D
MILESTONE TIMELINE
FFY12 Emergency Management Performance Grant Program
MILESTONE TASK
June 1, 2012 Start of Grant Agreement performance period.
August 31, 2013 End of grant performance period.
October 15, 2013 Submit all final reports, requests for reimbursement and/or
deliverables.
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Exhibit E
Budget Sheet
FFY12 Emergency Management Performance Grant Program
Category Amount
Salaries and Benefits $
Memberships $ -
Travel $ 20,000
Equipment $ 35,000
Office Supplies $ 15,250
Uniforms $ 1,000
-Telephones $ 1,500
-Printing $ 5,000
-Copier Usage $ 2,500
-Equip. Lease $ 5,000
IT $ 5,250
Professional Services $ 10,000
FFY12 EMPG Award 105,500
• The award for City of Kent - OEM award is based on the FFY11 allocation factor of 18.1%
of approved local/tribal emergency management operating budgets.
• City of Kent -OEM will provide a match of 50% of the total project cost ($105,500) of non-
federal origin.
• A total of 5% of this award can be used to pay for management and administration of this
contract.
• Cumulative changes to budget categories in excess of 10% of the contract award will not be
reimbursed without prior written authorization from the Department.
• This award will not be used to supplant the local/tribal funds.
• The Department's Reimbursement Spreadsheet will accompany each reimbursement
request submitted.
• The Contractor agrees to make all records available to Military Department staff, upon
request.
Funding Source: U.S. Department of Homeland Security - PI# 723PT- EMPG
DHS-FEMA-EMPG-FFY 12 Page 26 of 29 City of Kent—OEM
E12-322
ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act(FFATA) was signed on September
26, 2006. The FFATA legislation requires information on federal awards (federal financial
assistance and expenditures)be made available to the public via a single, searchable website.
Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms
of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and
delivery orders. The legislation does not require inclusion of individual transactions below
$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance
Subrecipients are required by the Military Department to be familiar with the FFATA
requirements and complete this Worksheet for each contract for the State's submission in to the
FFATA portal.
ADDITIONAL PROVISIONS
A. This contract(subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a)
of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de-obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
DHS-FEMA-EMPG-FFY 12 Page 27 of 29 City of Kent—OEM
E12-322
information for payment purposes and a link to D&B for maintaining current
DUNS information, www.ccr.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS)
number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A
DUNS number provides a method to verify data about your organization. D&B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if:
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If(1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2)the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below.
DHS-FEMA-EMPG-FFY 12 Page 28 of 29 City of Kent—OEM
E12-322
WORKSHEET
Subrecipient Agency:
Grant and Year: Agreement Number:
Completed by:
Name Title Telephone
Date Completed:
Is your grant agreement less than $25 000? YES STOP no further analysis NO GO to Step 2
�� needed, GO to Step 6 II""`
STEP"
In your preceding fiscal year, did your YES NO STOP no further
organization receive 80% or more of its annual GO to STEP 3 analysis needed, GO
gross revenues from federal funding? to Step 6
.. ......STD'""a........
In your preceding fiscal year, did your YES NO STOP no further
organization receive $25,000,000 or more in r GO to STEP 4 analysis needed, GO
federal funding? V to Step 6
STEM'4"
Does the public have access to information about YES STOP no further analysis NO
the total compensation*of senior executives in GO to STEP 5
your organization? needed, GO to step 6
Name...
Executive#1 Total Compensation amount: $
Name:
Executive#2 Total Compensation amount: $
Name:
Executive#3 Total Compensation amount: $
Name:
Executive#4 Total Compensation amount: $
Name:
Executive#5 Total Compensation amount: $
If your organization does not meet these criteria specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25,000."
Signature: Date:
*Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse.gov/omb/open
http://www.hrsa.gov/grants/ffata.html
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf
http://www.grants.gov/
DHS-FEMA-EMPG-FFY 12 Page 29 of 29 City of Kent—OEM
E12-322
WORKSHEET
Subrecipient Agency: City of Kent Office of Emergency Management
Grant and Year EMPG 06/2012—07/2013 1 Agreement Number
Completed by: D V Marzano Emergency Manager Div Chief 253.856.4316
Name Title Telephone
Date Completed 9/4/2012
YES STOP, no further analysis NO
Is your grant agreement less than $25,000? needed, GO to Step 6 GO to Step 2
In your preceding fiscal year, did your YES NO STOP, no further
organization receive 80% or more of its annual GO to STEP 3 analysis needed, GO
gross revenues from federal funding? I to Step 6
in your preceding fiscal year, did your YES NO STOP, no further
organization receive $25,000,000 or more in GO to STEP 4 analysis needed, GO
federal funding? to Step 6
Does the public have access to information about YES STOP, no further analysis NO
the total compensation*of senior executives in needed, GO to step 6 GO to STEP 5
your organization?
Name
Executive#1 Total Compensation amount: $
Name
Executive#2 Total Compensation amount: $
Name
Executive#3 Total Compensation amount: $
Name
Executive#4 Total Compensation amount: $
Executive#5 Name
Total Compensation amount: $
STEP 0
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25,000."
In your preceding fiscal year our organization did not receive 80% or more of its annual gross revenues from federal
Signature Dote� ____
^Total compensation refers to�
v Salary and bonuses
v Awards of stock, stock options, and stock appreciation rights
v Other compensation including, but not limited to, severance and termination payments
v Life insurance value paid on behalf of the employee
Additional Resources
http:/kwwwwhitehouoegov/onob/open
http:/kwwwhroagov/granta0fatahtno|
http:/kwwwgpogov/fdoyo/pkg/FR'2010'0914/pdf/2010'22705pdf
http:/kwwwgrantogov/
DHS'FEMA'EMPGFFY12 Page 20of20 City of Kent—OEM
E12'322
Washington Military Department Contract Number:
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
or Solicitation#,if any: Identifier(UBI) Identification#:
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or 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. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date:
Print Name and Title:
Washington Military Department Contract Number:
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Whv am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a"lower tier participant'?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.