Loading...
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. This page intentionally left blank. --00 � �••� 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 E12-322 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. DHS-FEMA-EMPG-FFY 12 Page 4 of 29 City of Kent—OEM E12-322 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; DHS-FEMA-EMPG-FFY 12 Page 5 of 29 City of Kent—OEM E12-322 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 DHS-FEMA-EMPG-FFY 12 Page 6 of 29 City of Kent—OEM E12-322 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. DHS-FEMA-EMPG-FFY 12 Page 7 of 29 City of Kent—OEM E12-322 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 DHS-FEMA-EMPG-FFY 12 Page 8 of 29 City of Kent—OEM E12-322 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. DHS-FEMA-EMPG-FFY 12 Page 9 of 29 City of Kent—OEM E12-322 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, DHS-FEMA-EMPG-FFY 12 Page 10 of 29 City of Kent—OEM E12-322 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 DHS-FEMA-EMPG-FFY 12 Pagel 1 of 29 City of Kent—OEM E12-322 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, DHS-FEMA-EMPG-FFY 12 Page 12 of 29 City of Kent—OEM E12-322 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. DHS-FEMA-EMPG-FFY 12 Page 13 of 29 City of Kent—OEM E12-322 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. DHS-FEMA-EMPG-FFY 12 Page 14 of 29 City of Kent—OEM E12-322 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. DHS-FEMA-EMPG-FFY 12 Page 15 of 29 City of Kent—OEM E12-322 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 E12-322 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, DHS-FEMA-EMPG-FFY 12 Page 17 of 29 City of Kent—OEM E12-322 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 DHS-FEMA-EMPG-FFY 12 Page 18 of 29 City of Kent—OEM E12-322 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 E12-322 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 DHS-FEMA-EMPG-FFY 12 Page 20 of 29 City of Kent—OEM E12-322 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 DHS-FEMA-EMPG-FFY 12 Page 21 of 29 City of Kent—OEM E12-322 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. DHS-FEMA-EMPG-FFY 12 Page 22 of 29 City of Kent—OEM E12-322 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 DHS-FEMA-EMPG-FFY 12 Page 23 of 29 City of Kent—OEM E12-322 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. DHS-FEMA-EMPG-FFY 12 Page 24 of 29 City of Kent—OEM E12-322 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. DHS-FEMA-EMPG-FFY 12 Page 25 of 29 City of Kent—OEM E12-322 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.