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City Council Committees - Public Safety (Committee) - 10/09/2012 (3)
Public Safety Committee Agenda T Counalmembers Les Thomas Dana Ralph • Bill Boyce, Chair KEN 'NA5 HI NG 7 0 N October 9, 2012 4:30 p.m. Item Description Action Speaker Time Pg 1. Approval of Minutes 09/11/12 Yes Bill Boyce 3 min 1 2. Washington Traffic Safety Commission No Sara Wood 15 min 3 Target Zero Team presentation - INFO ONLY 3. Washington Traffic Safety Commission Yes Sara Wood 5 min 19 Grant - ACCEPT and Amend the budget 4. Washington Traffic Safety Commission Yes Sara Wood 5 min 31 Grant - ACCEPT and Amend the budget 5. Drug Free Communities Support Program Yes Debra LeRoy 5 min 45 Grant - ACCEPT and Amend the budget 6. STOP Act grant, Substance Abuse Mental Yes Debra LeRoy 5 min 63 Health Services (SAMHSA)- ACCEPT and Establish the budget 7. Police Services Agreement with Kent Yes Pat Lowery 5 min 81 School District - AUTHORIZE and Establish the budget Unless otherwise noted, the Public Safety Committee meets the 2n°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. 1 `� KENT wnsri.c*o. CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES September 11, 2012 COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and Bill Boyce, Chair The meeting was called to order by Les Thomas at 4:30 PM. • Bill Boyce had an excused absence. 1. Approval of Minutes D. Ralph moved to approve the minutes of the June 12, 2012 meeting. The motion was seconded by L. Thomas and passed 3-0. 2. National Night Out 2012 — INFO ONLY Chief of Police Ken Thomas introduced Community Education Specialist Sara Wood who reported on the yearly event in Kent. Sara stated that 113 events involving approximately 20,000 residents were held in neighborhoods throughout the city on August 7th. Target Corporation was a national sponsor again this year and the Kent Target store sent 16 employees to ride along with police and other city staff as visitors to the events. 3. Cops With Cancer — INFO ONLY Chief Thomas introduced Kent Police and Fire Chaplains Pat and Lisa Ellis and Kent Police Officer Hans Mak. They spoke about the development of the non-profit organization, Cops With Cancer, and how it benefits law enforcement officers who are fighting with cancer. They also distributed a brochure to the committee members. 4. Automated Fingerprint Identification System (AFIS) — INFO ONLY Chief Thomas stated, as disclosure, that he is on the AFIS Levy Committee this year. He provided information about the AFIS levy which is up for renewal on the November search for fingerprints and palm prints as people are arrested. It's also used to recover ballot. The levy also funds the system to prints taken at crime scenes for processing by the Washington State Crime Lab. S. Washington Traffic Safety Commission grant — ACCEPT and Establish the budget Chief Thomas explained the funds in the amount of $24,240 will provide officer overtime during specified Target Zero DUI emphasis dates, overtime reimbursement for the Law Enforcement Liaison and funds for the Target Zero Manager. The grant period begins on October 1, 2012 and ends September 30, 2013. D. Ralph moved to 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. The motion was seconded by L. Thomas and passed 3-0, with concurrence from Bill Boyce. 6. Amendment to Interlocal Agreement with Chelan County — AUTHORIZE Assistant Police Chief Jon Straus and Corrections Commander Diane McCuistion explained the amendment extends the term of the agreement for three years with an expiration date of December 31, 2015. The agreement designates the Chelan County Regional Justice Center as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody from the City of Kent Corrections Facility, and for Chelan County 2 to accept and keep in its custody such inmate(s). D. Ralph moved to recommend the Mayor to 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. The motion was seconded by L. Thomas and passed 3-0, with concurrence from Bill Boyce. 7. Police Department Updates — INFO ONLY • Chief Thomas stated that Assistant Chief Straus and Corrections Commander McCuistion have done a great Job with the Jail's Programs Unit . The Programs Unit screens and monitors inmates keeping them busy doing productive work in the community. • Chief Thomas stated that two new police officers graduated from the Academy today. • Chief Thomas shared that he and Assistant Chief Pat Lowery attended the FBI National Academy Association conference in Chelan last week and received training on marketing and branding the police department. • Chief Thomas stated the Valley Gang Unit was recently recognized for outstanding work by the International Latino Gang Intelligence Agency. • D. Ralph mentioned that a Police Community Meeting is scheduled for September 27tn Chief added the meeting will be held at the Kent School District Administration Office Boardroom at 6:30 PM. The address is 12033 SE 256th St, Kent. • D. Ralph shared that the Kent Police Youth Board, comprised of middle and high school students, will be holding a meeting on September 12tn at the Kent School District Administration Office. She invited teens to attend and work with peers. Stacy Judd is the contact and can be reached at (253) 856-5883. 8. Amend Kent City Code 9.36 — New Section — DUI Cost Recovery — Ordinance - ADOPT Deputy City Attorney Patrick Fitzpatrick stated the amended to the ordinance would provide a mechanism for the city to recoup some of the costs from an individual who is responsible for creating the need for an emergency response to an incident due to their intoxications. D. Ralph moved to recommend Council adopt an ordinance adding a new section 9.36.120, entitled "Emergency response caused by person's intoxication — Recovery of costs from convicted person." The motion was seconded by L. Thomas and passed 3-0, with concurrence from Bill Boyce. 9. 2012 Emergency Management Performance Grant — ACCEPT and AUTHORIZE Brian Felczak, Program Manager for Emergency Management, explained how the grant funds will be used. L. Thomas asked for clarification on why the grant is presented to the city through a committee as the Kent Fire Department is now the Kent Regional Fire Authority. B. Felczak stated the grant passes through the city as these types of grants are awarded to municipalities. D. Ralph moved to 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. The motion was seconded by L. Thomas and passed 3-0, with concurrence from Bill Boyce. The meeting adjourned at 5:20 PM. Al-- Jo T?MPson, Public Safety Committee Secretary Public Safety Committee Minutes 2 September 11, 2012 3 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5888 NS7 KEN T Fax: 253-856-6802 W A 5 H I NGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 9, 2012 TO: Public Safety Committee SUBJECT: Washington Traffic Safety Commission presentation INFO ONLY: SUMMARY: Sara Wood, Public Education Specialist, will introduce Director Darin Grondel Director and Program Manager Shelly Baldwin of the WTSC to talk about the Target Zero Teams two-year pilot project. EXHIBITS: None BUDGET IMPACT: None City of Kent Public Safety Committee WTSC presentation October 9, 2012 4 This page intentionally left blank. �l z N W� co (swig N �tCO . o • *--+ a 6 _ ± 0 } \ K E ] 'E/ G �e w G« . ! E . 2 . 0 ± L }. 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Kent, WA. 98032-5895 DATE: October 9, 2012 TO: Public Safety Committee SUBJECT: Washington Traffic Safety Commission grant award MOTION: I recommend that Council accept the Washington Traffic Safety Commission grant in an amount not to exceed $8,000, authorize the Chief of Police to sign the Memorandum of Understanding and amend the budget. SUMMARY: The Kent Police Department has received notification of funds in the amount of $8,000 for the Kent/South King County Target Zero Teams Task Force. The grant will fund officer overtime during specified Target Zero Impaired Driving emphasis dates and during seat-belt focused patrols. The Kent/South King County Target Zero Task Force supports the WTSC goal to reduce deaths, serious injuries, and economic losses that result from traffic collisions. An emphasis is 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 This grant period begins on October 1, 2012 and ends September 30, 2013. EXHIBITS: WTSC Memorandum of Understanding BUDGET IMPACT: No city matching funds required. Funding is on a reimbursement basis. City of Kent Public Safety Committee WTSC 8000 October 9, 2012 20 This page intentionally left blank. 21 �aB S'fATf of J V s = d , ayo 63 IBB9 a MEMORANDUM OFUNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION 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) IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct multqunsdictional, high visibility enforcement (HVE), traffic safety emphasis patrols (as outlined in Addendum A), in support of Target Zero priorities The Target Zero Manager and Law Enforcement Liaison assigned to your county shall coordinate the Scope of Work as outlined below: TERM: October 1, 2012 - September 30, 2013 AMOUNTS Impaired Driving: $6,500 CFDA# 20.601 Seat Belts: $1,500.00 CFDA # 20.602 These funds shall not be commingled and are only to be utilized for the specific emphasis area. SWV #0000552-00 Agency Statewide Vendor Number IT IS, THEREFORE, MUTUALLY AGREED THAT: 1 GOAL* To reduce traffic related deaths and serious injuries by engaging in multpurisdictional HVE patrols in the areas of impaired driving and occupant protection 2. SCOPE OF WORK: Impaired Driving: Agency will engage in multijurisdictional HVE patrols for all or part of the following: Holiday DUI Patrols; November 21, 2012 — January 1, 2013 St. Patrick's Day DUI Patrols; March 14, 2013 — March 18, 2013 Summer Kick-Off DUI Patrols; June 21 , 2013 — July 7, 2013 Drive Sober or Get Pulled Over Labor Day DUI Crackdown; August 16, 2013 — September 2, 2013. Cleated August 3,2012 Page 1 of 9 22 These patrols shall occur in locations where the highest rate of fatality and serious injury collisions caused by impaired driving occur in your geographic area of the state and will not begin before 4 00 pm. Patrols will occur Friday-Sunday, with the exception of: Wednesday and Thursday, November 21 and 22, to cover Thanksgiving; Wednesday and Thursday, July 3 & 4, to cover the 4t" of July, and, Monday, September 2 to cover the Labor Day Holiday Seat Belts: Agency will engage in multijurisdictional HVE seat belt-focused patrols on some or all of the following dates, May 20 — June 2, 2013; these shall occur where the lowest rates of occupant protection use occur in your geographic area of the state These patrols will not begin before 4.00 pm. Agency agrees to take a zero tolerance approach to seat belt and child car seat violations. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the seat belt patrols. 3. CONDITIONS: For each of the emphasis patrols listed above, Multilurisdictional High Visibility Enforcement Protocols, as outlined in Addendum A of this document will be followed These protocols are incorporated in their entirety to this document by reference. Exceptions to these protocols may only be provided by the WTSC Program Director. These are enforcement activities intended to apprehend impaired drivers, and unbuckled vehicle occupants. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at contact unless circumstances dictate otherwise. Standardized Field Sobriety Testing (SFST) Training Requirement Agency certifies that all of the officers participating in patrols under the terms of this agreement are SFST trained. SFST training is required as follows: • Officers who received SFST training prior to 2008 will need to pass SFST refresher training before participating in these patrols or will have successfully completed the Advanced Roadside Impaired Driving Enforcement (ARIDE) in 2010 or later Current Drug Recognition Experts are exempt from the SFST refresher. j • Officers who received SFST training in 2008 or later will need to take the SFST refresher training, which is offered with their BAC refresher, to stay current and be Created- August 3,2012 Page 2 of 9 23 qualified to work these patrols (BAC re-certification and SFST refresher training are required every three years.) Media Contacts: All of these patrols are conducted as part of highly publicized efforts. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations Therefore, Agency must provide the names of at least two agency officers who can be available for media requests and questions. *At least one of the individuals listed below must be available for weekend media contacts, beginning at noon on Fridays before mobilizations: Assistant Chief Pat Lowery Sgt. Robert Constant Name/Title Name/Title 253-856-5833 plowery()kentwa.gov 253-856-5882 rconstant(6.)kentwa gov Office Phone & e-mail Office Phone & e-mail 253-266-6833 (law enforcement use only) 253-606-4277 Cell Phone Cell Phone O Available weekends per above?* ❑ Available weekends per above?* 4. 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. 5. SHIFT LENGTH* Agency will not schedule individual officer shifts for longer than eight hours (WTSC understands there may be instances when more than eight ; hours are billed because of DUI processing, etc.) 6 RESERVE OFFICERS. Agency certifies that any reserve officer for whom j reimbursement is claimed has exceeded his/her normal monthly working hours when participating in this emphasis patrol and is authorized to be paid the amount i requested. Agency understands that reserve officers are not eligible for overtime for this project 7. DISPATCH- WTSC will reimburse communications officers/dispatch personnel for work on this project providing Agency has received prior approval from the WTSC Program Manager i 8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits The total cost of overtime and benefits shall not be exceeded in any one campaign area and funds may not be commingled between campaign areas. Upon agreement by the Agency and the local Target Zero Manager, the DUI or f Occupant Protection allocation may be increased or decreased without amending this agreement PROVIDED THAT the increase in the allocation does not exceed Cleated August 3,2012 Page 3 of 9 1 24 50% of the original agreed amount for the specific emphasis area. Any increase in allocation exceeding 50% will require an amendment to this document. 9. PERFORMANCE STANDARDS: a. Participating law enforcement officers are required to have a minimum of 3 self-initiated contacts per hour of enforcement. 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. 10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19-1A Form). 1) Agency identified as the "Claimant' 2) Statewide Vendor Number (bottom of Claimant box) 3) A Federal Tax ID #, 4) Original signature of the agency head, command officer or contracting officer b. Payroll support documents (signed overtime slips, payroll documents, etc.). c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour. Emphasis Patrol Activity Logs cannot be modified. Payment cannot be made unless these activity logs are included. The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The Target Zero Manager will forward these documents to WTSC for processing and payment. 11. DEADLINES FOR CLAIMS All claims must be approved by your Target Zero Manager, please allow adequate time for processing in order to meet the following deadlines: a First Deadline: All claims for reimbursement for emphasis conducted from October 1, to June 30, must be received by WTSC no later than August 15, 2013. b Second Deadline: All claims for reimbursement for emphasis conducted between July 1 and September 30 must be received by WTSC no later than November 15, 2013. Created- August 3,2012 Page 4 of 9 25 (NOTE- Two separate invoices may be necessary for the Summer Kick-off DUI patrols if hours are worked in both June and July.) Invoices submitted for reimbursement after the above dates, will not be paid. WTSC will NOT accept faxed invoices 12. 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. 13 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. 14 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 Agency Signature Washington Traffic Safety Commission Signature (Date) (Date) Agency Address where full executed co of this document will be mailed): g Y ( Y copy ) 220 4th Avenue South Street Kent WA 98032 Sara Wood City, State Zip Attn: Please return this signed MOU (No later than October 24, 2012) to your Target Zero Manager: Sara Wood Kent PD 220 4 Ave. S. Kent, WA 98032 253-856-5851 Created- August 3,2012 Page 5 of 9 26 Target Zero Manager will forward this signed document to: Angie Ward, WTSC 621 - 8th Avenue SW, Suite 409 PO Box 40944 Olympia, WA 98504-0944 360 725 9860 No later than October 31 , 2012 Created:August 3,2012 Page 6 of 9 27 Addendum A Multiiurisdictional High-Visibility Enforcement Protocols Purpose This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law enforcement agencies in coordinating multijurisdictional high visibility enforcement (HVE) mobilizations to address impaired driving and seat belt use These mobilizations are funded by federal highway safety grants. Goal The goal of multijurisdictional high-visibility campaigns is to reduce fatal and serious injury collisions through the coordination of: • Publicity addressing increased enforcement, and • Increased contacts and arrests of violators. Method Funding from the Washington Traffic Safety Commission (WTSC) will support multijurisdictional HVE patrol activities to increase the number of officers working on impaired driving, and occupant protection enforcement. Public education and media will be coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement activity will support the media effort by demonstrating to the public that the media messages are true; i e., that "extra enforcement patrols (with a particular focus) are going on now" so that the public takes the media messages seriously. The media work will support the police effort by encouraging voluntary compliance with the law. The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising the awareness of tougher enforcement. Definitions: ' • HVE is enforcement of the law in conjunction with publicity that draws the attention of the public to the enforcement activity. Created:August 3,2012 Page 7 of 9 1 zs • Multijurisdictional enforcement is defined as a minimum of three law enforcement agencies (LEA's) or patrol units participating at a designated date and time, enforcing a specific activity, in a location determined by fatality and serious injury collision data Responsibilities WTSC: • Provide Funding. • Coordinate paid media at the state level. • Lead earned media efforts for: o Holiday DUI o Click It or Ticket o Drive Hammered Get Nailed. • Summarize enforcement activity. • Report results to the National Highway Traffic Safety Administration. Target Zero Manager and Law Enforcement Liaison: • Lead the development of Multijurisdictional High Visibility Enforcement Mobilization Plans • Coordinate mobilization briefings. • Lead earned media efforts for: o St. Patrick's Day DUI o Summer DUI • Lead earned media efforts (optional) for all other mobilizations. • Review and approve all MOUs, invoices, and other documentation before submission to WTSC. Law Enforcement Agencies: • Provide commissioned police officer(s) (active or paid reserve) with appropriate equipment (vehicle, radar, etc ) to participate in multijurisdictional HVE patrols. Created- August 3,2012 Page 8 of 9 1 29 • Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to enforce the impaired driving laws as outlined on page 2, section 3 of this document. • Require all officers participating in multijurisdictional HVE patrols to attend mobilization briefings. • Ensure officers conduct a minimum of three (3) self-initiated contacts per hour. This is an enforcement activity that is intended to apprehend violators. It is expected that a Notice of Infraction/Citation (NOI/C) will be issued at contact unless circumstances dictate otherwise. It is understood that violator contacts may result in related, time-consuming activity. Such activity will be considered for reimbursement. Activity other than that initiated through HVE patrol contact (investigating collisions, emergency responses, etc.) will be the responsibility of the contracting agency and may not be considered for reimbursement. • Require officers to complete and submit multijurisdictional HVE patrol productivity on WTSC Emphasis Patrol Activity Log Agency Signature Date I 1 I Ci eated August 3,2012 Page 9 of 9 30 This page intentionally left blank. 31 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5888 K EN T Fax: 253-856-6802 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 9, 2012 TO: Public Safety Committee SUBJECT: Washington Traffic Safety Commission grant award MOTION: I recommend that Council accept the Washington Traffic Safety Commission grant in an amount not to exceed $5,000, authorize the Chief of Police to sign the Memorandum of Understanding and amend the budget. SUMMARY: The Kent Police Department has received notification of funds in the amount of $5,000 for the Kent/South King County Target Zero Teams Law Enforcement Liaison (LEL). The grant will fund LEL officer overtime as outlined in the Statement of Work. The Kent/South King County Target Zero Task Force supports the WTSC goal to reduce deaths, serious injuries, and economic losses that result from traffic collisions. An emphasis is 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 This grant period begins on October 1, 2012 and ends September 30, 2013. EXHIBITS: WTSC Memorandum of Understanding BUDGET IMPACT: No city matching funds required. Funding is on a reimbursement basis. City of Kent Public Safety Committee WTSC LEL 5000 October 9, 2012 32 This page intentionally left blank. l 33 INTERAGENCY AGREEMENT BETWEEN KENT POLICE DEPARTMENT & WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT is made and entered into by and between the KENT POLICE DEPARTMENT, hereinafter referred to as "AGENCY," and the Washington Traffic Safety Commission, hereinafter referred to as "WTSC." IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for a Law Enforcement Liaison. THEREFORE, IT IS MUTUALLY AGREED THAT WTSC shall provide funding in the amount specified in the COMPENSATION section to establish a Law Enforcement Liaison at the AGENCY to perform the duties and responsibilities outlined in the STATEMENT OF WORK. STATEMENT OF WORK 1 AGENCY, using designated LEL, will solicit law enforcement agencies to participate in the WTSC High Visibility and multi-jurisdictional state wide mobilizations conducted during federal fiscal year 2013 2 AGENCY, using designated LEL, will increase officer commitment and effectiveness during the state wide High Visibility multi-jurisdictional mobilizations and other to be identified TARGET Zero enforcement activities 3. AGENCY, using designated LEL, will promote multi-agency task forces. 4. AGENCY, using designated LEL, will assist the WTSC by providing the law enforcement perspective as new programs and projects are developed in pursuit of Target Zero. 5. WTSC will reimburse AGENCY for designated LEL's work as follows: a. Overtime hours worked serving as WTSC's LEL— Reimbursement will be paid at the rate of not more than 1.5 times the officer's hourly rate plus AGENCY's contributions to employee benefits including FICA, Medicare, Worker's Compensation, and unemployment b Overtime reimbursement for training hours do not qualify for reimbursement c Incidental costs such as copying, phone calls, equipment purchases, etc , must be approved in advance by WTSC d Equipment may be purchased at the documented hourly rate of the LEL in lieu of overtime Allowable equipment includes speed measuring devices (radars, lidars) and Portable Breath Tests (PBTs) Prior approval for any equipment purchases must be obtained in writing from WTSC and be accompanied by a completed "LEL Overtime Log" incorporated by reference as Exhibit A 6 WTSC will provide a training program for the LEL's and will reimburse for travel, and training expenses as needed at the state per diem rate. Page 1 of 11 Interagency Agreement# 34 PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on October 1, 2012 or date of execution, whichever comes later, and remain in effect until September 30, 2013 unless terminated sooner, as provided herein. COMPENSATION AND BILLING PROCEDURE Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39 34 130 The parties have determined the cost of accomplishing the work described in the Statement of Work will not exceed five thousand dollars ($5,000). Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount BILLING PROCEDURE BETWEEN AGENCY AND WTSC AGENCY shall submit invoices for reimbursement and supporting documentation to WTSC monthly using Invoice Voucher, A19-IA Form. A19-1A forms must include the AGENCY's Federal Tax ID Number and an original signature of the agency head, command officer, or contracting officer Payroll support documents (time accounting forms or reports, etc ) must be attached to ensure reimbursement. Payment to AGENCY for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2013, must be received by WTSC no later than August 15, 2013 Invoices for goods received or services performed between July 1 and September 30, 2013, must be received by WTSC no later than November 15, 2013. Invoices received after the above cutoff dates will not be reimbursed ACTIVITY REPORTS AGENCY agrees to submit quarterly reports and a final report with regard to this project in the form provided by the WTSC entitled "Traffic Safety Project Report" and incorporated by reference as Exhibit B Final reports are to be detailed and must describe whether the project objectives were accomplished, if technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or probably will result Included in the final report will be copies of publications, training reports and any statistical data generated in project execution The final report is to be submitted to WTSC within 30 days of termination of this Interagency Agreement. CERTIFICATIONS AND ASSURANCES AGENCY certifies and ensures compliance to all of the conditions and provisions provided for in Exhibit C. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period Page 2 of 11 ill , Interagency Agreement# 35 Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond Each party will utilize reasonable security procedures and protections to assure that records and documents provided b the other art are not erroneous) disclosed to third parties. P Y party Y RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U S. Copyright Act of 1976 and shall be owned by the AGENCY and the State Of Washington Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions Ownership includes the right to copyright, patent, register, and the ability to h transfer ra t n these rights INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement I g ent may be amended by mutual agreement of the parties Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If, for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) working days If failure of violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner Each party to this Agreement shall appoint one member to the Dispute Board The members so appointed shall jointly appoint an additional member to the Dispute Board The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute The determination of the Dispute Board shall be final and binding on the parties hereto As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43 17 330, in which event the Governor's process will control. GOVERNANCE Page 3 of 11 Interagency Agreement# 36 This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws The provisions of this Agreement shall be construed to conform to those laws In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order. a Applicable state and federal statutes and rules, b Terms and Conditions of this agreement, c Any Amendment executed under this Contract; d Any Statement of Work executed under this Contract, and e Any other provisions of the agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the party, which consent shall not be unreasonably withheld WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. DESIGNATED CONTACT The following named individuals will server as designated contacts for each of the parties, for all communications and billings regarding the performance of this Agreement The LEL for AGENCY is: The Contact for WTSC is: Sgt Robert Constant Edica Esqueda Traffic Unit Program Manager Kent Police Department 621 81h Avenue SE, Suite 409 220 4" Ave S Olympia, WA 98504-0944 Kent, WA 98032 (360) 725-9886 (253) 856-5882 eesgueda ci)wtsc wa.qov rconstant(@kentwa qov Page 4 of 11 37 IN WITNESS WHEREOF, the parties have executed this Agreement. AGENCY Signature Ken Thomas Printed Name Chief of Police 10/3112 Title Date Law Enforcement Liaison Officer Robert Constant Printed Name Sergeant 9128112 Title Date WASHINGTON TRAFFIC SAFETY COMMISION Signature Printed Name Title Date Page 5 of 11 Interagency Agreement# 38 Exhibit A a STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 62 i e"Avenue SE, Suite 409, PO Box 40944. Olyihpia Washington 98504-0944, (360) 753-6197 LEL Overtime Log Agency Total Hours Date Officer Start Time End Time Worked (printed name) certify under penalty of perjury, the officer(s) listed on this form did work overtime on the dates listed on this form It is understood the agency of each listed officer will maintain overtime records for each officer in compliance with the agency's records retention policy and these records will be made available for review upon request. Supervisor Date Email Phone Number Page 6 of 11 Interagency Agreement# 39 Exhibit B W A S H I N G T O N rff9 affi'OC A.. Safeir-ww C O M M I S S I O N LEL Quarterly Report The LEL quarterly reports provides WTSC with informaticn,that-dan be used to strengthen the, state's overall LEL program. These reports should detail the LEL's activities for the previous 3- month period including outreach activities with other law enforcement agencies The report may also suggest ways in which the Commission can further assist the LEL program. LEL Date Submitted Agency WTSC Contract Number. Grantee Contract Number(if applicable) Quarterly Report Number: ❑V Quarter Report Oct 1 -Dec. 31 Due on Jan 15 2" Quarter Report Jan. 1 -Mar 31 Due on Apr 15 ❑3` Quarter Report Apr 1 -Jun 30 Due on Jul 15 ❑4 Quarter Report July 1 -Sept 30 Due on Oct 15 1) LEL activities this reporting period: 2) Total hours dedicated to LEL activities this reporting period (include regular-time hours as well as hours billed to WTSC): 3) Problems or obstacles Encountered: j 4) Ways in which the WTSC can further assist the LEL program: i i Page 7 of 11 i i Interagency Agreement# 40 Exhibit C Certifications and Assurances It is hereby understood that this application and attachments hereto, when approved and signed by all concerned parties as indicated, shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole This agreement is based on guidelines found in the Common Rule, the Office of Management and Budget (OMB) Circular A-102, in order to standardize and simplify federal grants The signature below of an authorized representative of the applicant agency certifies and ensures that all the following conditions will be met 1) Reports—The Contractor shall submit quarterly reports, a final report at end of the protect, and submit special reports as outlined in the Project Agreement Please read Reporting Requirements, following this section 2) Copyrights Publications and Patents —Where activities supported by this project produce original copyright material, the Contractor may copyright such, but the WTSC reserves nonexclusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to do so The Contractor may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other action required to protect the public interest 3) Termination—This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to non-availability of funds, failure of the Contractor to accomplish any of the terms herein, or from any change in the scope or timing of the project 4) Fiscal Records—Complete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project, including documentation of all purchases of supplies, equipment, and services, travel expenses, payrolls, and time records of any person employed part-time on this project Federal, state, or WTSC auditors shall have access to any records of the Contractor These records shall be retained for three years after the final audit is completed or longer, if necessary, until all questions are resolved 5) Funding —The Contractor will utilize funds provided to supplement and not to supplant state and local funds otherwise available for these purposes Funds are to be expended only for purposes and activities approved in the project agreement Reimbursement will be made periodically by WTSC based on approved requests for reimbursement If matching funds are required, the Contractor will expend them from nonfederal sources, which must be spent not later than 30 days following the completion of the project. 6) Cost Principles and Grant Management—The allowability of costs incurred and the management of this project shall be determined in accordance with OMB 2 CFR Part 225 and 49 CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities 7) Obligation Funds — Federal funds may not be obligated prior to the effective date or subsequent to the termination date of the project period Requests for reimbursement outstanding at the termination date of the project must be made within 30 days or those funds may not be paid 8) Changes—The Contractor must obtain prior written approval from the WTSC for major project changes including changes of substance in project objectives, evaluation, activities, the protect Page 8 of 11 Interagency Agreement# 41 manager, key personnel, or protect budget The period of performance of the project, however, cannot be changed. 9) Income— Income earned by the Contractor with respect to the conduct of the project(sale of publications, registration fees, service charges, etc) must be accounted for and income applied to project purposes or used to reduce protect costs. 10) Buy America Act-The Contractor will comply with the provisions of the Buy America Act(49 U S C. 5323(j)) which contains the following requirements Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. 11) Purchases— Purchase of equipment or services must comply with state or local regulations After the end of the project period, equipment should continue to be utilized for traffic safety purposes and cannot be disposed of without written approval of the WTSC The Contractor shall make and maintain an inventory of equipment to include descriptions, serial numbers, locations, costs or other identifying information, and submit a copy to the WTSC 12) Third Party Participants—No contracts or agreements may be entered into by the Contractor related to this project, which are not incorporated into the project agreement and approved in advance by the WTSC The Contractor will retain ultimate control and responsibility for the project. WTSC shall be provided with a copy of all contracts and agreements entered into by Contractors Any contract or agreement must allow for the greatest practical competition and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the WTSC 13) Participation by Disadvantaged Business Enterprises—The Contractor agrees to take all necessary and reasonable steps in accordance with Title 49, CFR, Subtitle A, Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any subcontracts financed in whole or in part with federal funds 14) Americans with Disabilities Act—In the performance of this agreement, the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 200d, Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49 60 RCW, and the Americans with Disabilities Act (42 USC § 12101, et seq, PL 101-336), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27) The Contractor shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in any terms and conditions of employment to induce taking affirmative action necessary to accomplish the objectives of this Act and denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, or otherwise afforded others 15) Political Activities— No funds, materials, equipment, or services provided in this project agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or to pay any person to influence or attempt 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 the awarding of any federal loan or the entering in of any cooperative agreements 16) Certification Regarding Federal Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements. Page 9 of 11 I Interagency Agreement# 42 The undersigned certifies, to the best of his or her knowledge and belief, that. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 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 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 Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, sub-grants, and contracts under grant, 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 Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure 17) Single Audit—State and local governments and nonprofit organizations that receive federal assistance are subject to the audit requirements of OMB Circular A-133. 18) Federal Funding Accountability and Transparency Act The Contractor will report for each grant awarded• • Name of the entity receiving the award; • Amount of the award; • Information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source, • Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country, and an award title descriptive of the purpose of each funding action, • A unique identifier(DUNS), • The names and total compensation of the five most highly compensated officers of the entity if--of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity; (i)the entity in the preceding fiscal year received— (1) 80 percent or more of its annual gross revenues in Federal awards, and(II) $25,000,000 or more in annual gross revenues from Federal awards, and(u) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a)or 15(d) of the Securities Exchange Act of 1934 (15 U S C 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986, Page 10 of 11 Interagency Agreement# 43 • Other relevant information specified by the Office of Management and Budget in subsequent guidance or regulation 19) Seat Belt Policy—No funds, materials, property, or services will be provided to any political subdivision that does not have a current and actively enforced policy requiring the use of seat belts. 20) Policy to Ban Text Messaging While Driving -Contractors are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving including policies to ban text messaging while driving 21) Drug free Workplace— In accordance with the Anti-Drug Act of 1988 41 USC 702-707 and Drug Free Workplace 42 USC 12644, WTSC has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub-grantees of the Contractor and/or any such activity is prohibited in the Contractor's workplace 22) Debarment and Suspension—The applicant certifies, by signature below, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Authorized Applicant Signature Date Printed Name Page 11 of 11 44 This page intentionally left blank. 45 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5888 KEN T Fax: 253-856-6802 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 9, 2012 TO: Public Safety Committee SUB3ECT: Drug Free Communities Support Program grant award - ACCEPT MOTION: I move to recommend that Council authorize the Kent Police Department to accept the Drug Free Communities Support Program grant in the amount of $53,639 and amend the budget. SUMMARY: The Kent Police Department has received notification of the Drug Free Communities Program continuation funding through the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA). This is the fifth year of the five year period with an annual application required. The grant period runs from 9/30/12 through 9/29/13. EXHIBITS: Grant Award Notification BUDGET IMPACT: The City's required match will be comprised of a time percentage of salaries and benefits for current employees participating in the program, volunteer time at events and in-kind donations. City of Kent Public Safety Committee DFC award October 9, 2012 46 This page intentionally left blank. 47 Notice of Award Drug Free Communities Support Program Issue Date: 09/21/2012 j Department of Health and Human Services `+� Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention Grant Number: 5H79SP014902-05 Program Director: Stacy Judd Project Title: Kent Drug Free Coalition Addres s ss sines A Business Address ss KENT CITY POLICE DEPARTMENT Kenneth Thomas Kenneth Thomas Business Official Kent Police Department 220 4th Avenue S 220 4th Avenue S Kent,WA 98032 Kent, WA 98032 Budget Period: 09/30/2012—09/29/2013 Protect Period: 09/30/2008— 09/29/2013 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $53,639 (see"Award Calculation" in Section I and "Terms and Conditions" in Section III)to KENT CITY POLICE DEPARTMENT in support of the above referenced project. This award is pursuant to the authority of the DFC Act 1997 (PL105-20) reauth PL 107-82, 115 STAT 814 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.samhsa oov(click on"Grants"then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference, Acceptance of this award including the"Terms and Conditions"is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. rely yours, dimes Virginia Simmons Grants Management Officer Division of Grants Management See additional information below Page-1 48 SECTION 1—AWARD DATA—SH79SP014902-05 Award Calculation (U.S. Dollars) Salaries and Wages $2,886 Fringe Benefits $361 Personnel Costs(Subtotal) $3,247 Supplies $9,014 Consortium/Contractual Cost $16,955 Travel Costs $10,000 Other $14,423 Direct Cost $53,639 Approved Budget $110,093 Federal Share $53,639 Non-Federal Share $56,454 Cumulative Prior Awards for this Budget Period $0 AMOUNT OF THIS ACTION (FEDERAL SHARE) $53,639 r SUMMARY TOTALS FOR ALL YEARS YR I AMOUNT 5 $53,639 *Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number: 93,276 EIN: 1916001254A2 ✓ Document Number: H9SP14902A .� Fiscal Year: 2012 IC CAN Amount SIP C96R655 .0e $53,639 / SP Administrative Data: PCC: DFC!OC: 4145 SECTION II—PAYMENTlHOTLINE INFORMATION—5H79SP014902-05 Payments under this award will be made available through the HHS Payment Management System (PMS) PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center(PSC), Division of Payment Management (DPM) Inquiries regarding payment should be directed to The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support—Telephone Number 1-877-614-5533. The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements. The telephone number is 1-800-HHS-TIPS (1-800-447-8477), The mailing address is Office of Inspector General, Department of Health and Human Services,Attn. HOTLINE, 330 Independence Ave., SW,Washington, DC 20201. SECTION III—TERMS AND CONDITIONS—5H79SP014902-05 This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the following Page-2 49 a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award c. 45 CFR Part 74 or 45 CFR Part 92 as applicable. d. The HHS Grants Policy Statement e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Additional Costs SECTION IV— SP Special Terms and Condition—5H79SP014902-05 REMARKS An unobligated balance(UOB) of funds may be carried over into the current budget period without Grants Management Officer(GMO) prior approval for the following reason. Beginning October 1, 2011, a grantee may carryover previous UOB of funds up to 10% of the total Federal share from the current budget period (the year in which the funds will be needed)without prior approval from the Grants Management Officer(GMO). The intention to carryover up to this threshold must be reflected in the remarks section of the Federal Financial Report(FFR) submitted for the FY2012 budget period The subsequent FFR must reflect the actual UOB carryover amount in the remarks section If the amount of carryover exceeds 10%, the Grants Management Specialist(GMS)will notify the grantee that they must return the Federal share over the threshold due to noncompliance and may rescind this authority. However, the grantee may request for approval, a carryover above the 10% threshold, but must submit a detailed budget and narrative justification if the program requires additional funds The total amount requested and justified must be both the 10% plus the amount requested over that in order to analyze the total unobligated balance of funds budget concept. Please refer to the DFC Grantee Handbook for Roles and Responsibilities of the Grantee, as well as the Federal staff that support the DFC Program. PROGRAM OVERVIEW The Drug Free Communities Support Program (DFC) is a collaborative effort between the Office of National Drug Control Policy(ONDCP) and the Substance Abuse and Mental Health Services Administration (SAMHSA) ONDCP issues grant awards to community coalitions through an interagency agreement with SAMHSA.According to the Drug Free Communities Act of 1997, the purpose of DFC funding is to address two major goals* 1) establish and strengthen collaboration among communities, public and private non-profit agencies, and Federal, State, local and Tribal governments to support the efforts of community coalitions, and 2) reduce substance abuse among youth and, over time, among adults While responsibility rests with the grantee for achieving the primary goals of the program, SAMHSA shall monitor and provide continuing technical assistance, consultation, and coordination in the execution of the project during the funding period. You can find additional details about the support available to you as a grantee on the program's website at http://www.whitehouse.govlondcp/Drug-Free-Communities- Support-Program In addition to these Terms and Conditions and the applicable statutes and regulations, grantees are bound by the HHS Grants Policy Statement, which can be accessed at www samhsa gov/grants and all requirements in the Request for Applications (RFA)for the FY 2012 Drug Free Communities Support Program.All requirements in the FY2012 DFC Request for Applications (RFA) are available at http//www.samhsa gov/grants/or http//www.samhsa.gov/grants/archives aspx, go to FY 2012 applications, then SP12-001 Page-3 rf I ., ) 1 11 i tl ei it i I - 50 TERMS AND CONDITIONS OF AWARD Failure to comply with Terms and Conditions may result in a financial drawdown restriction on your Payment Management Account or denial of funding in the future as outlined in the following section Sub-recipients and contractors under grants are subject to the requirements of the cost principles otherwise applicable to their type of organization and to any requirements placed on them by the recipient to be able to comply with the terms and conditions of the award. Please refer to the DFC Handbook and the Health and Human Services (HHS) Grants Policy Statement available at http//dhhs.gov/asfr/ogapa/grantinformation/hhsgps107.pdf for detailed information. PROGRESSIVE DISCIPLINE AND APPEALS PROCESS If for any reason you do not comply with the applicable terms, conditions, rules and regulations for the DFC program, your grant will be subject to the Progressive Discipline and Appeals Process developed by ONDCP and SAMHSA There are three progressive discipline actions that can be taken: 1) High Risk status, 2)Suspension, and 3)Termination. Failure to comply with special Terms and Conditions if applicable may result in a financial drawdown restriction on your Payment Management Account or denial of funding in the future. An overview of this plan and the complete explanation and procedures are posted on the Drug Free Communities Program website at t http•//www.whitehouse gov/ondcp/information-for-current-grantees or can be linked through hftp.//www samhsa gov/Grants/management.aspx. ROLE AND RESPONSIBILITIES OF THE GRANTEE For the purposes of the DFC Program, a"grantee"is either a coalition that has received a grant or is an outside agent that is serving as the grantee on behalf of a community coalition The following Statutory Eligibility Requirements must be met each year while the coalition is funded by the DFC Program. Failure to meet one of these requirements is considered non-compliance with grant regulations(see Progressive Discipline and Appeals Process) Statutory Eligibility Requirements for DFC-funded coalitions (if you are the grantee for a separate coalition,you are still responsible for ensuring all eligibility criteria are met by the coalition) * The coalition must have at least one representative from the required 12 sectors, as outlined in the RFA and the Drug Free Communities Act of 1997, * The coalition must maintain meeting minutes that demonstrates it is a unique entity that has substantial involvement from its members and is working toward to the two goals of the DFC program; * The coalition must address multiple (more than one) drugs in its annual Strategic/Action Plans for each year of funding, * The coalition must have as its principal mission the reduction of youth substance use, * The coalition has not received 10 years of DFC funding, and * The coalition must capture and provide specific data as required by the DFC National Evaluation. Statutory Eligibility Requirements for all DFC Grantees (coalitions or outside agents)- The grantee must be an entity eligible to receive Federal funds, * The grantee must not request more than$125,000 per year, * The grantee must document the level of non-Federal match defined in the DFC Act; and * The grantee can only be awarded one DFC grant at a time Other Requirements for All DFC Grantees (coalitions or outside agents): * The grantee must continue implementing the specific goals and objectives outlined in their approved application for DFC funding.The grantee must develop a funding plan that ensures (1)the required match of requested Federal funds and (2) to solicit substantial financial support from non- Federal sources for sustainability purposes Page-4 51 ' The lead paid staff(Program/Project Director)of the DFC-funded coalition must participate in The DFC Workstation (www.drugfreecommunities org), so that he/she receives information from the DFC Staff on a timely basis (see Special term number 8 below for more details)The grantee must use the Strategic Prevention Framework(SPF), a five step evidence based process for community planning and decision making. ' The grantee must plan and implement the appropriate environmental strategies as part of their Strategic and Action Plans. Requirements for Grantees in Year 3 and 7- The coalition must submit via email a Sustainability Plan to the Government Project Officer within 60 days of the start of years 3 and 7 of DFC funding. RESTRICTIONS ON GRANTEE LOBBYING (c)Title 18> Part I > Chapter 93> Section 1913- No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a Jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation,whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation, but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352 (a)of title 31. SPECIAL TERMS OF AWARD 1 The grantee must budget for two people to attend a two-day training that may be called at some point during the fiscal year by ONDCP Should this training be called, ONDCP will provide guidelines on the positions and/or participants who should attend through the CSAP (Center for Substance Abuse Prevention) GPO Grant Project Officer and via the DFC Workstation If ONDCP chooses not to hold during the fiscal ear, the grantee will be allowed to reallocate the funds in this line item such a meeting du rig c l y with the approval of their GPO and GMO (Grant Management Officer) 2. The grantee must receive and expend non-Federal matching funds as required in the Program Announcement and the Drug Free Communities Act. In-kind support (i e , donations, volunteer time, etc.) may also be used to satisfy the match requirement. 3. The grantee must comply with the DFC National Evaluation requirements. ONDCP requires all grantees to collect data specific to the geographic area designated in the approved application.The data collection size must be sufficient to provide an accurate and meaningful statistical representation of the people being surveyed in each of the geographical areas served by the coalition. The grantee is responsible for providing these data on or before the deadline established for each reporting period as highlighted on the program website at http//www.whitehouse.gov/ondcp/drug-free-communities-support- program. Failure to meet established deadlines could result in the GPO placing the grantee on High-Risk status, which could lead to an eventual suspension or termination of the grant for failure to comply with reporting requirements. ONDCP reserves the right to change measures for effective and meaningful evaluation of the program. The following data must be collected every two years on alcohol, tobacco, marijuana and prescription drugs for three grades (6th-12th,with a combination of odd or even years capturing two high school grades) 1. 30-day use 2. Perception of risk or harm 3. Perception of parental disapproval of use Page-5 52 4. Perception of peer disapproval of use 4.When requested, the grantee must develop a corrective action plan and complete the approved plan within the designated timeframe. The corrective action plan must be designed to address identified deficiencies in performance and/or in the conditions contributing or causing the identified unsatisfactory performance 5. Grantees are required to adhere to all the sections of the Roles and Responsibilities of Grantees, as outlined in earlier sections of the Notice of Award and can be found at http•//www samhsa.gov. 6 The grantee must continue to meet the Statutory Eligibility Requirements, as required by the original Request for Applications and the Drug Free Communities Act each year of funding. 7. Requests to carryover funds from one fiscal year to another are due to the GMS by the first Monday in February.All such requests must include a copy of the coalition meeting minutes showing coalition approval of the request. 8 The lead paid staff(Program/Project Director) of the DFC-funded coalition must participate in the DFC Workstation (http,//www drugfreecommunities org), so that he/she receives information from the DFC Staff on a regular basis This includes submitting the lead paid staff's contact information, as well as the contact information of one member from each of the required 12 sectors The lead paid staff should discuss the use of the DFC Workstation with sector members chosen to represent each sector, so that they understand their role in distribution of information sent to them. Information sent to specific sectors will always be sent to the lead paid staff The lead paid staff must participate in the quarterly update of contact information in The DFC Workstation. Lead paid staff will receive an email from The DFC Workstation indicating the update needs to be completed and the deadline for doing so. 9. Grantees must maintain a current account with the Central Contracting Registry(CCR)that is updated yearly. Additional information on CCR and the registration process is available at http•llwww ccr gov. STANDARD TERMS OF AWARD 1)This grant is subject to the terms and conditions, included directly, or incorporated by reference on the Notice of Award (NCA) Refer to the order of precedence in Section III (Terms and Conditions)on the NOA and this can also be found at http.//www samhsa gov. 2)The grantee organization is legally and financially responsible for all aspects of this grant, including funds provided to sub-recipients. 3)Grant funds cannot be used to supplant current funding of existing activities. Under the HHS Grants Policy Directives, 1 02 General--Definition Supplant is to replace funding of a recipient's existing program with funds from a Federal grant. 4)The recommended future support as indicated on the NOA reflects TOTAL costs (direct plus indirect). Funding is subject to the availability of Federal funds, the demonstration of matching funds, and acceptable documentation of the progress of the grant. 5) Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 CFR 2) are applicable to any information about alcohol and other drug abuse patients obtained by a program (42 CFR 2.11) if the program is Federally-assisted in any manner(42 CFR 2 12b). Accordingly, all project patient records are confidential and may be disclosed and used only in accordance with (42 CFR 2) The grantee is responsible for assuring compliance with these regulations and principles, including responsibility for assuring the security and confidentiality of all electronically transmitted patient material 6)Accounting Records and Disclosure Awardees and sub-recipients must maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to grant or sub-grant awards and authorizations, obligations, Page-6 53 unobligated balances, assets, liabilities, outlays or expenditures, and income. The awardee, and all its sub-recipients, should expect that SAMHSA, or its designee, may conduct a financial compliance audit and on-site program review of grants with significant amounts of Federal funding Please reference the Reporting Requirements section for Audit Requirements 7) Per(45 CFR 74.36 and 45 CFR 92 34)and the HHS Grants Policy Statement, any copyrighted or copyrightable works developed under this cooperative agreement/grant shall be subject to a royalty-free, non-exclusive and irrevocable license to the government to reproduce, publish, or otherwise use them and to authorize others to do so for Federal Government purposes Income earned from any copyrightable work developed under this grant must be used as program income. 8)A notice in response to the President's Welfare-to-Work Initiative was published in the Federal Register on May 16, 1997 This initiative is designed to facilitate and encourage grantees and their sub- recipients to hire welfare recipients and to provide additional needed training and/or mentoring as needed The text of the notice is available electronically on the OMB home page at http//www.whitehouse gov/omb/fedreg/omb-not.html. 9)Program income accrued under the award must be accounted for in accordance with (45 CFR 74 24) or(45 CFR 92 25) as applicable. Program income must be reported on the Federal Financial Report, Standard Form 425 Program income accrued under this award may be used in accordance with the additional costs alternative described in (45 CFR 74 24(b)(1)) or(45 CFR 92 25(g)(2)) as applicable. Program income must be used to further the grant objectives and shall only be used for allowable costs as set forth in the applicable OMB Circulars A-102 (Grants and Cooperative Agreements with State and Local Governments) and A-110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations). 10)Actions that require prior approval must be submitted in writing to the Grants Management Officer (GMO), SAMHSA The request must bear the signature of an authorized business official of the grantee organization, as well as the project director.Approval of the request may only be granted by the GMO and will be in writing No other written or oral approval should be accepted and will not be binding on SAMHSA Post-award requirements and instructions may be found at www samhsa.gov Click on '.grants", then"grants management". 11)Any replacement of or substantial reduction in effort of the Program Director(PD)or other key staff of the grantee or any of the sub-recipients requires the written prior approval of the GMO. The GMO must approve the selection of the PD or other key personnel if the individual being nominated for the position had not been named in the approved application If a replacement is needed should the incumbent step down or be unable to execute the position's responsibilities A resume for the individual(s) being nominated must be included with the request. Key staff(or key staff positions, if staff have not been selected)are listed below: Stacy Judd, Project Director @ 80% level of effort Sara Wood, Project Coordinator @ 90% level of effort 12) Refer to the NOA under Section II (Payment/Hotline Information) regarding the Payment Management System and the HHS Inspector General's Hotline concerning fraud, waste or abuse. 13)As the grantee organization, you acknowledge acceptance of the grant terms and conditions by drawing or otherwise obtaining funds from the Payment Management System In doing so, your organization must ensure that you exercise prudent stewardship over Federal funds and that all costs are allowable, allocable and reasonable 14) No HHS funds may be paid as profit(fees) per(45 CFR Parts 74 81 and 92.22(2)). 15) Restrictions on grantee lobbying (Appropriations Act Section 503). (a) No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to Page-7 ,, 54 support or defeat legislation pending before the Congress, except in presentation to the Congress itself or any State legislature (b) No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature 16)Where a conference is funded by a grant or cooperative agreement the recipient must include the following statement on all conference materials (including promotional materials, agenda, and Internet sites) Funding for this conference was made possible(in part) by(insert grant or cooperative agreement award number)from ONDCP and SAMHSA The views expressed in written conference materials or publications and by speakers and moderators do not necessarily reflect the official policies of the Office of National Drug Control Policy or the Department of Health and Human Services, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U S Government. 17)This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U S.C. 7104) For the full text of the award term, go to http//samhsa,gov/grants/trafficking aspx. 18) Grantees must comply with the requirements of the National Historical Preservation Act and EO 13287, Preserve America The HHS Grants Policy Statement provides clarification and uniform guidance regarding preservation issues and requirements (pages 1-20, Preservation of Cultural and Historical Resources) Questions concerning historical preservation, please contact SAMHSA's Office of Program Services, Building, Logistics and Telecommunications Branch at 240-276-1001. 19) Executive Order 13410 Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs promotes efficient delivery of quality health care through the use of health information technology, transparency regarding health care quality and price, and incentives to promote the widespread adoption of health information technology and quality of care. Accordingly, all grantees that electronically exchange patient level health information to external entities where national standards exist must Use recognized health information interoperability standards at the time of any HIT system update, acquisition, or implementation, in all relevant information technology systems supported, in whole or in part, through this agreement/contract Please consult http//www,hhs.gov/healthit for more information, and * Use Electronic Health Record systems(EHRs)that are certified by agencies authorized by the Office of the National Coordinator for Health Information Technology(ONC), or that will be certified during the life of the grant. For additional information contact. Jim Kretz at 240-276-1755 or Jim Kretz@samhsa.hhs gov, Richard Thoreson at 240-276-2827 or Richard Thoreson@samhsa.hhs gov; or Ken Salyards at 240-276-2003 or Kenneth Salyards@samhsa hhs.gov 20) If Federal funds are used by the grantee to attend a meeting, conference, etc, and meal(s) are provided as part of the program, then the per diem applied to the Federal travel costs (M&IE allowance) must be reduced by the allotted meal cost(s) 21) By signing the standard form (SF)424 application face page in Item#21, the Authorized Representative (AR) certifies (1)to the statements contained in the list of certifications*and (2) provides the required assurances*and checking the I AGREE box provides SAMHSA with the AR's agreement of compliance It is not necessary to submit signed copies of these documents, but should be retained for your records. 22)The Division of Grants Management created a Public Assistance (P)Account in the Division of Payment Management's (DPM) payment management system to provide a separate accounting of Federal funds per SAMHSA grant. When discussing your account with the DPM's Account Representative, provide the document number identified on Page 2 of the Notice of Award under Section I -AWARD DATA, Fiscal Information Page-8 '41, ,, , ,l W) 1111 1 11 1mw, 1 ,) 55 "The documents are available on the SAMHSA website at http//www samhsa gov/Grants/apply aspx or contained within the Request for Applications (RFA). REPORTING REQUIREMENTS All reporting requirements in the original NOA remain in effect with the following requirements below being included 1)Semi-Annual Reports. The DFC Semi-Annual Progress Reports are completed twice a year in August and February. For FY2012, grantees will input their progress report on Monday, February 11, 2013 and Monday, August 12, 2013 DFC grantees are NOT required to report the core measures during every reporting period. It is the responsibility of the grantee to know when core measure data is required and to enter it at the proper time(every two years starting with baseline collection year). For more information, contact your GPO or the DFC National Evaluation Team at dfc_evaluators@icfi com 2)Annual Coalition Classification Tool: The annual Coalition Classification Tool (CCT) is due Monday,August 12, 2013. 3) Federal Financial Report (FFR), (Standard Form 425) is required on an annual basis and must be submitted for each budget period. The annual FFR for budget period 9/30/12 -9/29/13 is due Thursday, January 30, 2014. The FFR is required for each 12-month period, regardless of the overall length of the approved extension period authorized by SAMHSA. In addition, a final FFR is due within 90 days after the end of the extension. NOTE. Single grant reporting is required for each SAMHSA project as stated on the FFR(#10 d-o). Include the required match on this form under Recipient Share (#10 i-k) and Program Income(1-o) in order for SAMHSA to determine whether matching is being provided and the rate of expenditure is appropriate Adjustments to the award amount, if necessary, will be made if the grantee fails to meet the match The FFR must be prepared on a cumulative basis and all program income must be reported. The status of any Federal share of unliquidated obligations for each 12 month budget period must be explained in the remarks section (#12). In addition, your intention to carryover the unobligated balance of funds up to 10%of the current Federal share must be stated in the remarks section. Subsequent FFRs must reflect the actual carryover amount. If possible, disbursements reported on the FFR should equal/or agree with the top portion of the FFR (#10 a-c). The FFR may be accessed from the following website at http//www whitehouse gov/omb/grants forms including instructions. The data can be entered directly on the form and the system will calculate the figures, then it can be printed and mailed to this office. 4)The grantee must comply with the Government Performance and Results Act (GPRA) requirements that include the collection and periodic reporting of performance data as specified in the RFA or by the Project Officer This information is needed in order to comply with PL 102-62 which requires that SAMHSA report evaluation data to ensure the effectiveness and efficiency of its programs 5)Audit requirements for Federal award recipients are detailed at http//www whitehouse.gov/sites/default/files/omb/assets/al33/al33_revised 2007 pdf. Specifically, non- Federal entities that expend a total of$500,000 or more in Federal awards, during each Fiscal Year, are required to have an audit completed in accordance with OMB Circular A-133 The Circular defines Federal awards as Federal financial assistance (grants)and Federal cost-reimbursement (contracts) received both directly from a Federal awarding agency as well as indirectly from a pass-through entity and requires entities submit, to the Federal Audit Clearinghouse (FAC), a completed Data Collection Form (SF-SAC) along with the Audit Report, within the earlier of 30 days after receipt of the report or nine months after the fiscal year end. Page-9 ss The Data Collection Forms and Audit Reports MUST be submitted to the FAC electronically at• http//harvester.census gov/fac/collect/ddeindex html For questions and information concerning the submission process, please visit http://harvester census gov/sac or call the FAC 1-800-253-0696. 6)The Quarterly Federal Financial Report(FFR) (Standard Form 425)/Federal Cash Transaction Report (FCTR) is due 30 days after the end of each fiscal quarter Grant recipients are required to file quarterly cash transaction reports via the Payment Management System FFR subsystem Information pertaining to the Quarterly Federal Financial Report (FCTR) including due dates, instruction manuals and access can be accessed via http//www dpm.psc gov/ Failure to comply with the above stated terms and conditions may result in suspension, classification as High Risk status, termination of this award or denial of funding in the future. INDIRECT COSTS If the grantee chooses to establish an indirect cost rate agreement, it is required to submit an indirect cost rate proposal to the appropriate office within 90 days from the start date of the project period. For additional information, please refer to HHS Grants Policy Statement Section I, pages 23-24 SAMHSA will not accept a research indirect cost rate.The grantee must use other-sponsored program rate or lowest rate available Please contact the appropriate office of the Division of Cost Allocation to begin the process for establishing an indirect cost rate To find a list of HHS Division of Cost Allocation Regional Offices, go to the SAMHSA website www samhsa.gov, thenand then click on"grants", and then "grants management', then"important offices" Failure to comply with the above stated Terms and Conditions and reporting requirements may result in suspension, classification as High-Risk, termination of this award or denial of funding in the future. CONTACTS All responses to special Terms and Conditions of award and post-award requests must be mailed to the Division of Grants Management, Office of Financial Resources(OFR) SAMHSA below. For Regular Delivery For Overnight or Direct Delivery: Division of Grants Management Division of Grants Management OFR, SAMHSA OFR, SAMHSA 1 Choke Cherry Road, Room 7-1091 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Rockville, MD 20850 CLOSEOUT This grant is in the final budget period of the project Unless a no-cost extension has been requested and approved, grant closeout documents must be submitted within 90 days of the end of the current 12-month budget period and again at the end of a no-cost extension Requirements and documents required are as follows 1) The Federal Financial Report(FFR), Standard Form 425 is required on an annual basis and must be submitted for each 12 month period, regardless of the overall length of the approved extension period authorized by SAMHSA NOTE Single Grant Reporting is required for each SAMHSA project as stated in the FFR (10 d-o). Page-10 aop^in+ . . ac min iwi.as u.• rrne vs, 57 In addition, a final FFR is due within 90 days after the end of the extension with no uniiquidated obligations. Include the required match on this form under recipient share(10 i-k).The FFR must agree with the top portion of the FFR (#10 a-c) as filed with the Division of Payment The FFR may be accessed from the following website at http//www whitehouse gov/omb/grants_forms including instructions. The data can be entered directly on the form and the system will calculate the figures, then print and mail to this office 2) Grantee must complete final progress report in the Coalition Online Management and Evaluation Tool (COMET)for grant reporting period ending September 30, 2013 3) If your organization has tangible personal property(equipment and supplies in excess of$5,000) you must complete the Tangible Personal Property Reports The following closeout forms can be downloaded from the OMB website at http://www whitehouse gov/omb/grants_forms ' Tangible Personal Property Report, Standard Form-428; Final Report, Standard Form-428-B, Disposition Request Report, Standard Form-428-C; and Supplemental Sheet Standard Form-428-S According to 45 CFR 74.34(g) or 45 CFR 92.32(e), if acquired equipment with acquisition cost of$5,000 or more, the first preference for its use is another SAMHSA project, second preference for its use is another HHS project and third preference for its use is another Federal project If these preferences cannot be met once the equipment has been sold, the sale amount must be returned to SAMHSA Provide all information about the equipment in a separate letter signed by the authorized representative transferring the equipment and signed by the grantee's authorized representative accepting the equipment, include the date of disposal and sale price or the method used to determine current fair market value, and compensate SAMHSA for it share by mailing a check payable to the Department of Health and Human Services to the following address Dan Spears Financial Advisory Services Officer Office of Financial Resources Division of Grants Management 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 SAMHSA will provide written approval or disapproval of your request for disposition of property/supplies in excess of$5,000 in total value.All forms should be mailed to the address listed at the end of this letter. 3)A Final Progress Report typed on plain white paper which should include, at a minimum, the grant number, a summarization of progress toward the achievement of the originally stated aims, a list of results (positive or negative) considered significant, and a list of publications resulting from the project as well as plans for the future publications An original and one copy are required. Please send all final documentation to the following address: Closeout, Division of Grants Management Office of Financial Resources SAMHSA 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Barbara Howes, Program Official Phone (240)276-2547 Email barbara.howes@samhsa hhs gov /'Erwin Morales, Grants Specialist Phone (240)276-1425 Email erwin.morales@samhsa hhs gov Fax- (240)276-1430 Page-11 58 OMB Number 4040-0004 Expiration Date 0W12009 Application for Federal Assistance SF424 Version 02 1 Type of Submission •2 Type of Application 'If Revision select appropriate lelter(s�. Preapplication ❑New 1 _ Vj Application Continuation *Other(Specify) Changed/Corrected Application ✓�Revision `3 Date Received v 4.Applicant Identifier 5a Federal Entity Idenlifter » '5b.Federal Award Identifier._ � 5H79SP014902-04 State Use Only: 6 Dale Received by State* 7 Stale Application Identifier ' 8.APPLICANT INFORMATION •a Legal Name Kent Ctty Police Department � �� 'b EmploYer/Taxpayer Identification Number(EINf INL - 'c Organization DUNS f 20253613 d.Address •Streetl 220 4th Avenue South Streetz 'City County: (King 'State. Province,, 'Country [USA_ "Zip/Postal Code'F96032 e Organizational Unit DeypartmentName _ Division Name, ��„ » -__»_„_......_.__.................... IKent Police Department Support f.Name and contact Information of person to be contacted on matters Involving this application: Prefix. *First Name J-�_ Stacy _,. Middle Name � ....m.—.._._...__. u_z_._..._..._ __ _,.. _..,........ *Last Name Judd SuffixTitle Program Director/Public Education $pecialist� ��,.__.�..w, ._w_���___.a Organizational Affiliation, Clty of Kent, Police Department •Tele hone Number 1253-856-5883 Fax Number 1253-856-6802 'Email s)udc1 e4tA g0v ____.__._ Previous Editions Not Usable Standard Form 424(Rev 10-2005) Authorized for Local Reproduction Prescribed by OMB Circular A-102 r 59 OMB Number 4040-0004 Expiration Dale 0113112009 Application for Federal Assistance SF-424 Version 02 1 Type of Submission '2 Type of Application 'If Revision,select appropriate letters). �. ❑Preappllcation ❑New ❑J Application ❑✓ Continuation *Other(Specify) ❑Changed/corrected Application ❑Revision '3 Date Received 4 Applicant Identifier I_ 5a.Federal mtlty Identifier w 'Sb.Federal Award Identifier, �-��� (5H79SP014902-04 .� State Use Only: 6 Date Received by Slate 7 State Application Identifier, 6.APPLICANT INFORMATION 'a Legal Name Kent Clty Police Department W � 'b Employe axpayer Identification Number(EINlfIN •c Organization DUNS r916001265 _ �020253613 ry + d Address 'Streetl. [220 4th Avenue South _ Street2 1_ _ *City Kent County. [King 'State: �NA Province I`�LL41Yu��u'y 'Country USA __ 'Zip/Postal Code: 198032 e Organizational Unit Department Name Division Name, Kent Police Department Support f.Name and contact information of person to be contacted on matters Involving this application. Prefix, `First Name Stacy Middle Name �_�-_�•�_- � � •-��� _ _ _ 'Last Name f�Udd Suffix: Tdle m Di Prograrector/Publlc Education Specialist � � �- Organizational Affiliation 4 Kierit Police Department 'Tele hone Number I253-856-5883 Fax Number 1 253-856-6802 'Email jstudd@kentwagov - --__ .u_.__-___ Previous Editions Not Usable Standard Form 424(Rev 10-2005) Authorized for Local ReproduUion Prescribed by OMB Circular A-102 OMB Number 4040 0004 60 Expiration Date 0113112009 Application for Federal Assistance SF-424 Version 02 9.Type of Applicant 1:Select Applicant Type: C city or township government Type ofA�pltcant 2 Select Applicant Type f N/A T pe of�p iIicant 3.Select Applicant Other SspeGf 10.Name of Federal Agency: - --- •- - __—er�t _...__ ........._ Substance Abuse and Mental Health Services Administration 11 Catalog of Federal Domestic Assistance Number 93 276 -._. �.W_ CFDA Title•___ Drug Free Community Support Program__ _G_rants ---_____ 12 Fundy Opportunity Numher rsAMHSACONT12-04 *Title, SAMHSA DFC Continuation Grants 13 Competition Identification Number _ Y Title 14.Areas Affected by Project(Cities,Counties,States, South King county, primarily in City of Kent 16.Descriptive Title of Applicant's Kent Drug Free Coalition Attach supporting documents as specified in agency Instructions Application for Federal Assistance SF-424 Version 02 Previous Editions Not Usable Standard Form 424(Rev 10-2005) Authorized for Local Reproduction Prescribed by OMB Circular A-102 r 61 Application for Federal Assistance SF-424 16 Congressional Districts Of: a Applicant L=J b Program/Project Attach an additional list of ProgramlProlect Congressional Districts if needed Add Attachment F)claho Allachmonl I View Attachment 17 Proposed Project 'a Start Date 09/30/2012 `b End Date 09/29/2013 18 Estimated Funding(S) 'a Federal 53,639 00 'b Applicant 56,454 00 'c State 0 00 'd Local 0 00 •e Other 0 00 `f Program Income 0 00 g TOTAL 110,093 00 19.Is Application Subject to Review By State Under Executive Order 12372 Process? a This application was made available to the State under the Executive Order 12372 Process for review on Q b Program Is subject to E 0 12372 but has not been selected by the Stale for review. c Program Is not covered by E 0 12372 20 Is the Applicant Delinquent On An Federal Debt? If"Yes,"provide explanation In attachment,) PP 9 Y ( P P Yes Q No If"Yes",provide explanation and attach Add Altachlnenl Dolew Attachnionl Virt, Altachlneni 21 'By signing this application,I certify(1)to the statements contained in the list of certifications'*and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms If I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties (U S Code,Title 218,Section 1001) Q "tAGREE .'The list of certifications and assurances, or an Internet site where you may obtain this list, is contained In the announcement or agency specific instructions Authorized Representative: Prefix 'First Name Suzette Middle Name `Last Name lCooke Suffix. 1 'Title Mayor 'Telephone Number 253-956-5720 Fax Number 253-856-6700 i 'Email scooke@kentwa gov 'Signature of Authorized Representative Completed by Grants gov upon submission 'Date Signed Completed by Grans gov upon submission 62 Drug Free Communities Support Program (DFC) Continuation Application t Eligibility Certification Checklist In accordance with the eritena set forth in the Drug Free Communities Act, 1997(Public law 105-20)and subsequent reauthorizations, coalitions funded through the DFC Program must demonstrate that the coalition continues to meet the statutory eligibility requirements annually as part of the grant renewal or continuation process Coalitions who do not continue to meet the statutory eligibility requirements may be placed on a High Risk restriction and maybe required to submit supporting documentation regarding the eligibility requirements Failure to meet eligibility requirements may result in loss of continued grant funding(for more information visit the program's website at bttp//www.whitehouse gov/ondep/mfonnation-for-current-grantees The_coalition is required to complete this Eligibility Certification Checklist as part of the,annual gi ant renewal pmeess. The. Authorized Representative for the coalition should initial next to each numbered item below and check whether or not the coalition is still in compliance with each eligibility requirement. If the Coalition is not in compliance with a given element, an explanation should be documented as to why the coalition is not currently in compliance and what the coalition plans to do to achieve the requirement within the next 90 days 1 Initials Yes No 1. The coalition has submitted a continuation(renewal)grant application. V 2. The coalition has one or more representatives of the 12 required sectors of a community as outlined in the DFC Act 5 _X- — 3 The coalition has been in existence for at least 6 months,witli substantial involvement I from volunteer leadeis of membeis 4. The coalition has as its principal mission the reduction of substance abuse in a comprehensive and long-term manner,with a primary focus on youth in the community and strategies to achieve the mission 5. The coalition can be sustained as an ongoing concern with non-Federal financial support. 6. The coalition has established a system to collect and report the DFC program's required measures:(1)substance use in the past 30 days;(2)perception of risk,(3)perception of peer substance use;and(4) perception of disapproval of use by parents These measures are collected in three grades at the middle school and lugh school levels(i e,grades 6-12)on four substances: alcohol, tobacco,manluana,and prescription drugs. In keeping with the FY2011 Terms and conditions and future reporting projections,grantees who can comply with the new measures please pi ovide those measures in your next COMET data entry. It is expected that all grantees will be in full compliance by the Febi uat y 2013 COME'l data enhy Should you i equri e assistance,you may seek help from ICF at dtc evaluators(auti.com. If an item above is checked"NO",an explanation should be provided in the space below to document what the reason is that the coalition does not currently meet this requirement and what corrective action will the coalition undertake to become fully compliant within the next 90 days I hereby acknowledge that the above statements are true and can be verified with supporting documentation upon request. GrantSP#541O ^bq Project Officer Name•-(M rQ Grants Maria ent Specialist Na r-cm, i�qoy-des Ayt or ed ep esentative ate/ Page 10 63 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5888 KEN T Fax: 253-856-6802 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 9, 2012 TO: Public Safety Committee SUBJECT: STOP Act grant award MOTION: I move to recommend that Council authorize the Kent Police Department to accept the STOP Act grant in the amount of $48,258 and establish the budget. SUMMARY: The Kent Police Department has been awarded the STOP Act grant through the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA). This grant supplements our Drug Free Communities grant and focuses specifically on preventing underage drinking. The award is $48,258 each year for four years for a total of $193,032. This is the first year of the four year period with an annual application required. The grant period runs from 9/30/12 through 9/29/13. EXHIBITS: Grant Award Notification BUDGET IMPACT: No city match required. t_ City of Kent Public Safety Committee DFC award October 9, 2012 64 This page intentionally left blank. 65 Notice of Award STOP Act Issue Date: 08/27/2012 ! Department of Health and Human Services Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention Grant Number: 1H79SP019035-01 Program Director: Stacy Judd Project Title: Kent Drug Free Coalition Reducing Underage Drinking Project Grantee Address Business Address KENT CITY POLICE DEPARTMENT Kenneth Thomas Kenneth Thomas Chief of Police Chief of Police Kent Police Department Kent Police Department 220 4th Avenue S 220 4th Avenue S Kent,WA 98032 Kent, WA 98032 Budget Period: 09/30/2012—09/29/2013 Project Period: 09/30/2012—09/29/2016 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $48,258 (see"Award Calculation" in Section I and"Terms and Conditions" in Section III)to KENT CITY POLICE DEPARTMENT in support of the above referenced project This award is pursuant to the authority of PHS Act(42 U S.C. 290bb-25b) Section 5198 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions Award recipients may access the SAMHSA website at www.samhsa.gov (click on"Grants"then SAMHSA Grants Management),which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the'Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions Sincerely yours, �y� y ��Pr°bb� ajffinw Virginia Simm s� Grants Management Officer Division of Grants Management See additional information below Page-1 66 SECTION I—AWARD DATA— 1H79SP019035-01 Award Calculation (U.S. Dollars) Salaries and Wages $5,297 Fringe Benefits $785 Personnel Costs (Subtotal) $6,082 Supplies $3,052 Consortium/Contractual Cost $25,496 Travel Costs $4,985 Other $8,643 Direct Cost $48,258 Approved Budget $48,258 Federal Share $48,258 Cumulative Prior Awards for this Budget Period $0 AMOUNT OF THIS ACTION (FEDERAL SHARE) $48,258 SUMMARY TOTALS FOR ALL YEARS YR I AMOUNT 1 $48,268 2 $48,268 3 $48,258 4 $48,258 *Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number: 93.243 EIN: 1916001254A2 Document Number: 12SP19035A Fiscal Year: 2012 IC CAN Amount SP C96P119 $48,258 SP Administrative Data: PCC: DFC-STOP/OC:4145 SECTION II— PAYMENT/HOTLINE INFORMATION—1H79SP019035-01 Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center(PSC), Division of Payment Management(DPM). Inquiries regarding payment should be directed to The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support—Telephone Number 1-877-614-5533 The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements The telephone number is 1-800-HHS-TIPS (1-800-447-8477) The mailing address is Office of Inspector General, Department of Health and Human Services,Attn HOTLINE, 330 Independence Ave., SW,Washington, DC 20201 SECTION III—TERMS AND CONDITIONS—1 H79SP019035-01 Page-2 67 This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the following. a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award c. 45 CFR Part 74 or 45 CFR Part 92 as applicable. d. The HHS Grants Policy Statement e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Additional Costs SECTION IV— SP Special Terms and Condition—1 H79SP0l9036-01 REMARKS DUE TO THE AVAILABILITY OF FUNDING, THE STOP ACT PROGRAM GRANT HAS BEEN REDUCED FROM $50,000 TO $48,258 THE OTHER CATEGORY HAS BEEN REDUCED TO $8,643. SPECIAL CONDITION(S) OF AWARD NONE SPECIAL TERM(S) OF AWARD Failure to comply with special terms and conditions may result in a drawdown restriction on your Payment Management Account or denial of funding in the future No more than 20% of the total grant award may be used for data collection, performance measurement, and performance assessment Not more than 6% of the total award may be expended for administrative expenses. 1)Grantee must use funds to prevent and reduce alcohol use among youth age 12-20 in their community of focus Funds may not be used for other program areas 2)Grantee must use the Strategic Prevention Framework (SPF), a five step model aimed at ensuring delivery of evidence-based processes, programs and initiatives for community planning and decision- making This five step model includes needs assessment, capacity building, planning, implementation and evaluation 3)Grantee must implement the approved and funded application in a comprehensive manner consist with the STOP ACT Grant program guidance which is supported by approaches emphasized in the 2007 Surgeon General's Call to Action to Prevent and Reduce Underage Drinking located online at htlp//www.surgeongeneral gov/library/calls/index.html And other referenced reports and materials therein. 4) Grantee must emphasize effective models, practices, and strategies, including but not limited to environmental strategies for preventing and reducing underage drinking that incorporate prevention efforts aimed at changing or influencing community conditions, standards, institutions, structures, systems and policies 5)Grantee must be a current or former Drug Free Community(DFC)grantee. Page-3 68 6)Grantee must collect, on a biennial basis(every two years), the following data on youth consistent with the geographic area served by the coalition (1) Past 30-day use (alcohol only), (2) Perception of risk or harm (alcohol only) (3) Perception of parental disapproval of use (alcohol), and (4)Attitude toward peer use (alcohol only) The grantee must report on youth in at least three grades The size of the data collection must be sufficient to provide an accurate and meaningful statistical representation of the geographic area served by the coalition. The grantee is responsible for successfully providing that data on or before the deadline established for each reporting period Additionally, grantee must collect and report any other measures, information, documentation and/or data that SAMHSA may request during the grant program period. 7)Grantee must enhance, not supplant, effective local community initiatives for preventing and reducing alcohol use among youth For current Drug Free Community (DFC) grantees, STOP ACT funds cannot be used to supplant or replace activities that are presently being supported by DFC funds. 8)Grantee must participate in recommended training and technical assistance to correct or improve identified deficiencies in performance and/or conditions contributing or causing the unsatisfactory performance. 9) When requested, grantee must develop a corrective action plan and complete approved plan within the designated timeframe to correct or improve identified deficiencies in performance 10) Grantee must provide the Government Project Officer(GPO) and SAMHSA Publications Clearance Officer with 1. advance copies of grantee produced publications, 2 should include acknowledgement of the SAMHSA grant program as the source of funding for the project and 3. Include a disclaimer stating that the views and opinions contained in the publication do not necessarily reflect those of SAMHSA or the U S. Department of Health and Human Services, and should not be construed as such STANDARD TERMS OF AWARD 1) Grantees must adhere to all applicable requirements of the Fiscal Year 2012 Consolidated Appropriations Act provisions in PL 112-74 for the Department of Labor, Health and Human Services, and Education and the Department of Interior and Related Agencies and from the Consolidated and Further Continuing Appropriations Act, Fiscal Year 2012, Public Law 112-55 for the United States Department of Agriculture, and Related Agencies on the SAMHSA website at http Hwww samhsa.gov/Grants/management aspx and reference#4 under Important Reminders 2) This grant is subject to the terms and conditions, included directly, or incorporated by reference on the Notice of Award (NOA). Refer to the order of precedence in Section III (Terms and Conditions)on the NoA and can be found at http//www.samhsa gov/Grants/management aspx . 3)The grantee organization is legally and financially responsible for all aspects of this grant, including funds provided to sub-recipients 4)The Department of Health and Human Services' (HHS), Office of General Counsel (OGC) has provided guidance on how the lobbying restrictions in the Fiscal Year 2012 Consolidated Appropriations Act(CAA, 2012)will affect HHS programs. Section 503 of the Labor, HHS, and Education Appropriation Act(Division F of the CAA, 2012) is the most comprehensive provision focused on lobbying restrictions Recent changes to this section may have implications for SAMHSA and its grantees Using the language provided by OGC, this provides specific guidance on agency actions, grantee lobbying, tax increases and other restrictions on legal consumer products, and clarification of Internal Revenue Code provisions. SEC 503 -Agency Actions (a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or Page-4 69 defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. Section 503(b) -Grantee and Contractor Lobbying (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government. (c)The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 5)Grant funds cannot be used to supplant current funding of existing activities. Under the HHS Grants Policy Directives, 1.02 General-- Definition. Supplant is to replace funding of a recipient's existing program with funds from a Federal grant. 6)The recommended future support as indicated on the NoA reflects TOTAL costs (direct plus indirect). Funding is subject to the availability of Federal funds, and that matching funds, (if applicable), is verifiable, progress of the grant is documented and acceptable. 7) For FY 2012,the Consolidated Appropriations Act, 2012 (Public Law 112-74) signed into law on December 23, 2011, restricts the amount of direct salary to Executive Level II of the Federal Executive Pay scale The Executive Level II salary is$179,700 annually 8)"Confidentiality of Alcohol and Drug Abuse Patient Records" regulations(42 CFR 2)are applicable to any information about alcohol and other drug abuse patients obtained by a"program"(42 CFR 2 11), if the program is federally assisted in any manner(42 CFR 2 12b). Accordingly, all project patient records are confidential and may be disclosed and used only in accordance with (42 CFR 2) The grantee is responsible for assuring compliance with these regulations and principles, including responsibility for assuring the security and confidentiality of all electronically transmitted patient material. 9)Accounting Records and Disclosure-Awardees and sub-recipients must maintain records which adequately identify the source and application of funds provided for financially assisted activities These records must contain information pertaining to grant or subgrant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. The awardee, and all its sub-recipients, should expect that SAMHSA, or its designee, may conduct a financial compliance audit and on-site program review of grants with significant amounts of Federal funding. 10) Per(45 CFR 74 36 and 45 CFR 92 34)and the HHS Grants Policy Statement, any copyrighted or copyrightable works developed under this cooperative agreement/grant shall be subject to a royalty-free, nonexclusive and irrevocable license to the government to reproduce, publish, or otherwise use them and to authorize others to do so for Federal Government purposes Income earned from any copyrightable work developed under this grant must be used a program income 11) A notice in response to the President's Welfare-to-Work Initiative was published in the Federal Register on May 16, 1997. This initiative is designed to facilitate and encourage grantees and their sub- recipients to hire welfare recipients and to provide additional needed training and/or mentoring as Page-5 70 needed The text of the notice is available electronically on the OMB home page at http//www whitehouse gov/omb/fedreg/omb-not.html. 12) Program Income accrued under the award must be accounted for in accordance with (45 CFR 74 24) or(45 CFR 92 25) as applicable Program income must be reported on the Federal Financial Report, Standard Form 425 Program income accrued under this award may be used in accordance with the additional costs alternative described in (45 CFR 74.24(b)(1)) or(45 CFR 92 25(g)(2)) as applicable Program income must be used to further the grant objectives and shall only be used for allowable costs as set forth in the applicable OMB Circulars A-102 ("Grants and Cooperative Agreements with State and Local Governments") and A-110("Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations") 13)Actions that require prior approval must be submitted in writing to the Grants Management Officer (GMO), SAMHSA. The request must bear the signature of an authorized business official of the grantee organization as well as the project director. Approval of the request may only be granted by the GMO and will be in writing No other written or oral approval should be accepted and will not be binding on SAMHSA For postaward requirements and instructions may be found at http://www.samhsa gov/grants/subaward aspx then click on "grants", then "grants management". 14)The recipient is required to notify the GMO in writing if the Project Director(PD) or key personnel specifically named in the NoA will withdraw from the project entirely, be absent from the project during any continuous period of 3 months or more, or reduce time devoted to the project by 25 percent or more from the level that was approved at the time of award (for example, a proposed change from 40 percent effort to 30 percent or less effort) SAMHSA must approve any alternate arrangement proposed by the recipient, including any replacement of the PD or key personnel named in the NoA The request for approval of a substitute PD/key person should include a justification for the change, the biographical sketch of the individual proposed, other sources of support (if applicable), and any budget changes resulting from the proposed change If the arrangements proposed by the recipient, including the qualifications of any proposed replacement, are not acceptable to SAMHSA, the grant may be suspended or terminated If the recipient wants to terminate the project because it cannot make suitable alternate arrangements, it must notify the GMO, in writing, of its wish to terminate, and the GMO will forward closeout instructions Key staffs(or key staff positions, if staff have not been selected)are listed below* Stacy Judd, Project Director @ unstated level of effort 15) Refer to the NoA under Section II (Payment/Hotline Information) regarding the Payment Management System and the HHS Inspector General's Hotline concerning fraud, waste or abuse 16)As the grantee organization,you acknowledge acceptance of the grant terms and conditions by drawing or otherwise obtaining funds from the Payment Management System In doing so,your organization must ensure that you exercise prudent stewardship over Federal funds and that all costs are allowable, allocable and reasonable 17) No HHS funds may be paid as profit(fees) per(45 CFR Parts 74 81 and 92 22(2)). 18)Where a conference is funded by a grant or cooperative agreement the recipient must include the following statement on all conference materials (including promotional materials, agenda, and Internet sites) Funding for this conference was made possible(in part)by(insert grant or cooperative agreement award number) from SAMHSA. The views expressed in written conference materials or publications and by speakers and moderators do not necessarily reflect the official policies of the Page-6 71 Department of Health and Human Services, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S Government. 19)This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U S C 7104) For the full text of the award term, go to http//www samhsa gov/grants/trafficking aspx 20)Grantees must comply with the requirements of the National Historical Preservation Act and EO 13287, Preserve America The HHS Grants Policy Statement provides clarification and uniform guidance regarding preservation issues and requirements (pages 1-20, "Preservation of Cultural and Historical Resources") Questions concerning historical preservation, please contact SAMHSA's Office of Program Services, Building, Logistics and Telecommunications Branch at 240-276-1001 21) Executive Order 13410: Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs promotes efficient delivery of quality health care through the use of health information technology, transparency regarding health care quality and price, and incentives to promote the widespread adoption of health information technology and quality of care. Accordingly, all grantees that electronically exchange patient level health information to external entities where national standards exist must a) Use recognized health information interoperability standards at the time of any HIT system update, acquisition, or implementation, in all relevant information technology systems supported, in whole or in part,through this agreement/contract Please consult http//www.hhs gov/healthit for more information, and b) Use Electronic Health Record systems(EHRs)that are certified by agencies authorized by the Office of the National Coordinator for Health Information Technology(ONC), or that will be certified during the life of the grant For additional information contact Jim Kretz at 240-276-1755 or Jim,Kretz@samhsa hhs.gov ,, Richard Thoreson at 240-276-2827 or Richard.Thoreson@samhsa hhs.gov,, or Ken Salyards at 2240-276-2003 or Kenneth Salyards@samhsa hhs.gov.. 22) If federal funds are used by the grantee to attend a meeting, conference, etc and meal(s) are provided as part of the program, then the per diem applied to the Federal travel costs (M&IE allowance) must be reduced by the allotted meal cost(s) 23) By signing the SF-424 (face page) in Item#21, the Authorized Representative (AR) certifies (1)to the statements contained in the list of certifications'and (2) provides the required assurances" and checking the"I AGREE" box provides SAMHSA with the AR's agreement of compliance. It is not necessary to submit signed copies of these documents, but should be retained for your records. 24) The Division of Grants Management created a Public Assistance (P)Account in the Division of Payment Management's (DPM) payment management system to provide a separate accounting of federal funds per SAMHSA grant When discussing your account with the DPM's Account Representative, provide the document number identified on Page 2 of the Notice of Award under Section I -AWARD DATA, Fiscal Information "The documents are available on the SAMHSA website at hftp.//www.samhsa.gov/Grants/apply.aspx or contained within the Request for Applications (RFA) REPORTING REQUIREMENTS 1) Federal Financial Report(FFR), (Standard Form 425) is required on an annual basis and must be submitted for each budget period. The annual FFR for budget period 9/30/12 -9/29/13 is due Thursday, January 30, 2014 Page-7 72 The FFR is required for each 12-month period, regardless of the overall length of the approved extension period authorized by SAMHSA In addition, a final FFR is due within 90 days after the end of the extension NOTE: Single grant reporting is required for each SAMHSA protect as stated on the FFR (#10 d-o). Do not include any amount in Line 10f that has been reported in Line 10e. If applicable, include Program Income (1-o) in order for SAMHSA to determine whether the rate of expenditure is appropriate The FFR must be prepared on a cumulative basis and all program income must be reported The status of any Federal share of unliquidated obligations for each 12 month budget period must be explained in the remarks section (#12). In addition, your intention to carryover the unobligated balance of funds up to 25% of the current Federal share must be stated in the remarks section Subsequent FFRs must reflect the actual carryover amount. If possible, disbursements reported on the FFR should equal/or agree with the top portion of the FFR (#10 a-c) The FFR may be accessed from the following website at http//www whitehouse gov/omb/grants_forms including instructions The data can be entered directly on the form and the system will calculate the figures, then it can be printed and mailed to this office 2)Submission of a Programmatic (semi-annual) Report is due no later than the dates as follows: February 2013 August2013 Additional detail will be provided by the Project Officer. 3)The grantee must comply with the GPRA requirements that include the collection and periodic reporting of performance data as specified in the RFA or by the Protect Officer. This information is needed in order to comply with PL 102-62 which requires that SAMHSA report evaluation data to ensure the effectiveness and efficiency of its programs 4)Audit requirements for Federal award recipients are detailed at http 11www whitehouse gov/sites/default/files/omb/assets/a133/al33_revised_2007.pdf.Specifically, non- Federal entities that expend a total of$500,000 or more in Federal awards, during each Fiscal Year, are required to have an audit completed in accordance with OMB Circular A-133 The Circular defines Federal awards as Federal financial assistance (grants)and Federal cost-reimbursement (contracts) received both directly from a Federal awarding agency as well as indirectly from a pass-through entity and requires entities submit, to the Federal Audit Clearinghouse (FAC), a completed Data Collection Form (SF-SAC) along with the Audit Report,within the earlier of 30 days after receipt of the report or 9 months after the fiscal year end. The Data Collection Forms and Audit Reports MUST be submitted to the FAC electronicalty at http//harvester.census gov/fac/collect/ddeindex html. For questions and information concerning the submission process, please visit http•//harvester.census.gov/sac/ or call the FAC 1-800-253-0696. 5)The Quarterly Federal Financial Report (FFR) (Standard Form 425)/ Federal Cash Transaction Report (FCTR) is due 30 days after the end of each fiscal quarter Grant recipients are required to file quarterly cash transaction reports via the Payment Management System FFR subsystem Information pertaining to the Quarterly Federal Financial Report (FCTR) including due dates, instruction manuals and access can be accessed via http//www dpm.psc gov/ 6)As required by the Federal Funding Accountability and Transparency Act of 2006, this new award is subject to the subaward and executive compensation reporting requirement of 2 CFR Part 170 Although the full text of this regulation is attached, you may access the language online at http//www.samhsa.gov/grants/subaward.aspx The following SAMHSA Term of Award is applicable to all (Type 1) new SAMHSA grants which start on or after Oct 1, 2010 At this time, Type 2s (competing renewals) and Type 3s (competing supplements) are not included, but may be subject to this requirement in the future Page-8 73 Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term,you must report each action that obligates$25,000 or more in Federal funds that does not include Recovery funds(as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5)for a subaward to an entity(see definitions in paragraph a of this award term) 2. Where and when to report. i You must report each obligating action described in paragraph a,1. of this award term to http//www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report You must report the information about each obligating action that the submission instructions posted at http,//www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report.You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- i the total Federal funding authorized to date under this award is$25,000 or more; ii. in the preceding fiscal year, you received- (A) 80 percent or more of your annual gross revenues from Federal procurement contracts(and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170 320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170 320 (and subawards), and M.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S C 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U S Security and Exchange Commission total compensation filings at http//www sec.gov/answers/execomp htm.) 2 Where and when to report. You must report executive total compensation described In paragraph b.1. of this award term i. As part of your registration profile at http://www.ccr.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report Unless you are exempt as provided in paragraph d.of this award term,for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if- Page-9 74 1. in the subrecipient's preceding fiscal year, the subrecipient received- (A) 80 percent or more of its annual gross revenues from Federal procurement contracts(and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170 320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act(and subawards), and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U S C 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 (To determine if the public has access to the compensation information, see the U S Security and Exchange Commission total compensation filings at http//www.sec gov/answerslexecomp.htm. ) 2 Where and when to report. You must report subrecipient executive total compensation described in paragraph 0. of this award term: 1. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year(i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year d. Exemptions If, in the previous tax year, you had gross income,from all sources, under$300,000, you are exempt from the requirements to report. i. Subawards, and u. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: 1. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii A domestic or foreign nonprofit organization; IV. A domestic or foreign for-profit organization; V. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: Page-10 75 1. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec II 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations") iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract 4. Subrecipient means an entity that. I. Receives a subaward from you (the recipient) under this award, and .i s accountable to you for the use of the Federal funds provided b the subaward. i. 1 y p Y 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)) 1. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No 123(Revised 2004) (FAS 123R), Shared Based Payments III Earrings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees IV. Change in pension value This is the change in present value of defined benefit and actuarial pension plans v Above-market earnings on deferred compensation which is not tax-qualified. A. Other compensation, if the aggregate value of all such other compensation(e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds $10,000. Failure to comply with the above stated terms and conditions may result in suspension, classification as High Risk status, termination of this award or denial of funding in the future. INDIRECT COSTS If the grantee chooses to establish an indirect cost rate agreement, it is required to submit an indirect cost rate proposal to the appropriate office within 90 days from the start date of the project period For additional information, please refer to HHS Grants Policy Statement Section 1, pages 23-24 SAMHSA will not accept a research indirect cost rate. The grantee must use other-sponsored program rate or lowest rate available. Please contact the appropriate office of the Division of Cost Allocation to begin the process for establishing an indirect cost rate To find a list of HHS Division of Cost Allocation Regional Offices, go to the SAMHSA website www samhsa gov ,,then click on "grants", then"grants management", then "Contact Information" Page-11 iry• 1 r. 11 ,r r r 1 76 CONTACTS All responses to special terms and conditions of award and postaward requests must be mailed to the Division of Grants Management, Office of Financial Resources (OFR), SAMHSA below: For Regular Delivery: For Overnight or Direct Delivery- Division of Grants Management, Division of Grants Management, OFR, SAMHSA OFR, SAMHSA 1 Choke Cherry Road, Room 7-1091 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Rockville, MD 20850 Barbara Howes, Program Official Phone (240) 276-2547 Email barbara.howes@samhsa.hhs.gov 47 rwin Morales, Grants Specialist Phone (240)276-1425 Email erwin.morales@samhsa.hhs.gov Fax: (240) 276-1430 Page-12 OMB Number 4040-0004/7 Expiration Dale 03/31/2012 Application for Federal Assistance SF-424 *1 Type of Submission *2 Type of Application. *If Revision,select apRroprI to letter(s): _ ❑Preapphcaticn ❑New I - ®Application ❑Continuation *Other(Specify) ❑Changed/Corrected Application ®Revision *3 Date Received _ 4 Applicant Identifier SP019035-01 5a Federal Entity Identifier -------- *5b Federal Award Identifier State Use Only: 6 Date Received by State 7.State Application Identifier { B.APPLICANT INFORMATION *a Legal Name. City of Kent *_b_Em_ployer/Taxpa er Identification Numbe�EINffIN) *c_Oganization DUNS 91-6001254 __ � l 0----- d.Address *Streetl, 220 4th Avenue S Street2, *City, Kent County/Parish: King *State WA Province: *Country. USA *Zip/Postal Code 98032 e.Organizational Unit Department Name Division Name Police Department f.Name and contact information of person to be contacted on matters involving this application: Prefix *First Name. I Stacy Middle Name, *Last Name. Judd Suffix Title public Education Specialist Organizational Affiliation Kent Police Department *Telephone Number 253-856-5883 Fax Number 253-856-6802 *Email sludd a,kentwa gov 78 OMB Number 4040-0004 ° Expiration Date 0 3/31120 1 2 Application for Federal Assistance SF-424 9 Type of Applicant 1:Select Ap licant Type: C city or township govemment Type of Applicant 2 Select Applicant Type. IN/A Type of Applicant 3 Select Applicant Type* N/A "Other(specify) 10.Name of Federal Agency: Substance Abuse and Mental Health Services Administration 11.Catalogof Federal Domestic Assistance Number 93 243 - 1 CFDA Title. Substance Abuse and Mental Health Services-Projects of Regional and National Significance '12 Funding Opportunity Number -- -- ------------- ---- SP-12_003 --- - - ------- --- "Title _ Sober Truth on Preventing Underage Drinking Act Chants 13 Competition Identification Number. Title ! 14.Areas Affected by Project(Cities,Counties,States,etc.): South King County,primarily City of Kent 15 Descriptive Title of Applicant's Project, Kent Dmg Free Coalition Reducing Underage Drinking Project Attach supporting documents as specified in agency instructions 79 OMB Number.4040.0004 Expiration Date 03/31/2012 Application for Federal Assistance SF424 16.Congressional Districts Of, *a Applicant 19 b.ProgramlProject Attach an additional list of Pro ram/Pro ecl Congressional Districts If needed. 17.Proposed Project: "a.Start Date 10/01/2012 I b.End Date: 09/30/2016 18 Estimated Funding($): *a Federal 50,000 *b Applicant 0 *c State 0 *d Local 0 I *e.Other 0 *f.Program Income 0 "g.TOTAL 50,000 *19 Is Application Subject to Review By State Under Executive Order 12372 Process? _ 1 ❑a This application was made available to the State under the Executive Order 12372 Process for review on --- ^-t ® b Program is subject to E O 12372 but has not been selected by the Stale for review ❑ c Program is not covered by E O 12372 *20 Is the Applicant Delinquent on Any Federal Debt?(if"Yes",provide explanation in attachment) Yes M No If"Yes',provide explanation and attach 21 *By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements herein are true,complete and accurate to the best of my knowledge. I also provide the required assurances**and agree to comply with any resulting terms if I accept an award I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties(U.S Code,Title 218,Section 1001) ® *"I AGREE The list of certifications and assurances,or an Internet site where you may obtain this list,is contained In the announcement or agency s eufic instructions a,Authorized Representative Prefix II *First Name. Suzette Middle Name Last Name Cooke -Suffix *Tdle I Mayor *Telephone Number L 253-856-5720 Fax Number 253-856-6700 Email Fscook gov *Signature of Authorized Representative Date Si ned �G �L 80 n {}lis page intentionally left blank• i 81 POLICE DEPARTMENT Ken Thomas, Chief of Police y KItNT Phone: 253-856-5888 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 9, 2012 TO: Public Safety Committee SUBJECT: Police Services Agreement — AUTHORIZE and Establish the budget MOTION: I move to recommend that Council authorize the Mayor to sign the Police Services Agreement and establish the budget. SUMMARY: The Police Services Agreement Between the Kent Police Department and the Kent School District for 2012-2013 will provide a Kent Pollce Commander or higher (Director), to the District for the purpose of assisting with communication and logistics between the two organization that relates to school safety. The District agrees to reimburse the Department $40,258.44 per agreement, spread across twelve (12) monthly payments of $3,354.87.00 each, applicable toward the Director's salary and benefits, which at all times shall be paid by the Department. The District shall reimburse the Department upon submission of a monthly invoice to the District's Business Officer. The Agreement shall be effective on September 1, 2012 through August 31, 2013, subject to any prior termination as provided herein and unless extended by written agreement of parties. EXHIBITS: Police Services Agreement BUDGET IMPACT: $40,258.44 revenue, via reimbursement basis BACKGROUND: Approved as to form by LAW. Public Safety Committee Police Services Agreement-KSD October 09,2012 82 This page intentionally left blank. 83 Police Services Agreement Between the Kent Police Department And The Kent School District 2012—2013 THIS AGREEMENT is made and entered into by and between the City of Kent and the Kent Police Department, hereinafter referred to collectively as the "Department," and the Kent School District, hereinafter referred to as the "District." WHEREAS, the District desires to fill the position of School Safety Services Director with a law enforcement officer who is employed by the Department and holding the rank of Commander or higher, and who can bring valuable experience and provide advice to District safety officers;and WHEREAS, the Department desires that its senior officers have the opportunity to (a) partner with a large local school district in the community; (b) gain valuable administrative, command, and community relations experience,and (c) experience unique professional growth and development; and WHEREAS, the District and Department share a compelling common value in seeing that the community enjoys a safe, secure environment for its students and staff; NOW, THEREFORE, and in consideration of the mutual promises set forth herein, the parties mutually agree as follows; 1. TERM This Agreement shall be effective from September 1, 2012 through August 31, 2013, subject to any prior termination as provided herein and unless extended by written agreement of the parties. 2. DUTIES OF THE DEPARTMENT The Department with the District's approval shall provide an officer the rank of Commander or higher to serve as the District's School Safety Services Director, hereafter referred to as "Director," for the purpose of assisting with communication and logistics between the two organizations relating to school safety. Such assistance shall include, but not be limited to: a. Provide advice and direction to personnel regarding best practices and ensuring a safe and secure learning environment. b. Respond to school incidents as necessary. c. Periodically review and recommend revisions to the procedures and protocols for school safety. d. Support administrators and staff with school safety inquiries and /or needs for assistance e Assist in the development of Kent School District emergency management practices and procedures 1 84 f. Assist in the establishment and implementation of emergency operation procedures and threat assessment procedures for buildings. g. Help establish and maintain security procedures focused on prevention of problems in schools and the community h. Help foster an attitude promoting a safe school environment. The Department shall provide the Director a vehicle, radio communication, cellular phone, uniform, and other necessary equipment provided to the Department's on-duty commanders to enable the Director to perform his/her duties with the District The District shall provide the use of office space, mobile computer or similar device,and a district email account to the Director. 3. CONSIDERATION In consideration of those services provided under this Agreement, the District shall provide the Director with the unique opportunity to obtain administration and community relations experience The Director will be considered a part of the Superintendent's Cabinet and the District Leadership Team. The District agrees to reimburse the Department$40,258.44, which shall be paid in twelve (12) monthly installments of$3,354.87 each These payments shall cover the Director's salary and benefits, which at all times shall be paid by the Department. The District shall pay monthly upon submission by the Department of a monthly invoice to the District's Chief Business Officer. 4. WORK SCHEDULE The Director shall be on duty with the District approximately ten (10) hours per week during the term of this Agreement. S. MODIFICATION No waiver or modification of the Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties, and no evidence of any waiver of modification shall be offered or received in evidence during any proceedings or litigation between the parties unless such waiver or modification is in writing duly executed as aforesaid. The parties further agree that the provisions of this section may not be waived except as herein set forth. 6. TERMINATION OF AGREEMENT This Agreement may be terminated without cause at any time by mutual agreement of the parties or by either party sixty(60)days following the other party's receipt of written intent to terminate Each party shall have the right to cancel and immediately terminate the Agreement without prior notice upon breach of the Agreement by the other party In the event of termination under this section, the Department will be entitled to receive, to the date of such termination on a pro rate basis, the compensation as set forth in section 3, above 2 1 85 7. INDEMNIFICATION The parties agree that the District shall bear all responsibility and cost of defending any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages that relate in any way whatsoever to School Safety Services, the security and safety of the District and its students, employees, and visitors, and/or the provisions of any services set forth in section 2 of this Agreement, and for this purpose, and notwithstanding Section 9 of this Agreement, the Director shall be considered an agent of the District. Further, to this end, the District shall defend, indemnify, and hold harmless the Director, and the Department and it's officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever relating to and arising out of the performance of the Agreement The District shall not defend, indemnify or hold the Department harmless from any claims, actions, or suits for injury, damage, or loss of any kind caused by the intentional act (s) of the Director which are beyond the scope of this Agreement. In executing the Agreement, the Department does not assume liability or responsibility for, or in any way release the District from any liability or responsibility which arises in whole or in part from the existence or effect of District policies, rules, or regulations If any cause, claim, suit, action, or administrative proceeding is commenced in which the enforceability and/or validity of any such District policy, rule, or regulation is at issue, the District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the District, the Department, or both, the District shall satisfy the same, including all chargeable costs and attorney's fees 8. MEDICAL/HEALTH AND WORKERS COMPENSATION BENEFITS In the event of any injury, illness, or death of the Director, the Director shall be considered an employee of the Department while acting in performance of this Agreement, and the Department agrees to extend to the Director the medical/health and workers'compensation benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death had occurred during the regular work assignment in and for the Department. 9. DIRECTOR OF SCHOOL SAFETY IS AN EMPLOYEE OF THE DEPARTMENT The Director shall, at all times, be considered an employee of the Department, and shall for no purpose, be considered an employee of the District The District shall have no obligation to provide the Director with any workers compensation or other benefits, and the salary of the Director shall be paid in full by the Department. 10. VENUE STIPULATION This Agreement shall be construed as having been made and delivered within the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County, Washington. 3 86 11. COMPLIANCE WITH LAWS In carrying out the terms of this Agreement, the parties agree to comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to the laws pertaining to civil rights and laws pertaining to the District and Department In carrying out this Agreement, the parties agree that they will not in any way discriminate against others on the basis of race, color, national origin, sex, age, creed, sexual orientation, marital status, veteran status, or disability. 12. NOTICES All notices shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. 13. HEADINGS The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in way do they define, limit, or describe the scope or intent of the provisions of this Agreement 14. AGREEMENTS OUTSIDE OF THIS AGREEMENT This Agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties The parties agree that neither of them has made any representations with respect to the subject matter of the Agreement except such representation as are specifically set forth herein, and each party acknowledges that it has relied on its own judgment in entering into this Agreement. IN WITNESS WHEREOF the signatures parties have affixed their natures on the dates below P g Kent School District City of Kent/ Kent Police Department Dr Edward Lee Vargas (Superintendent) Suzette Cooke (Mayor) Date Date 4 Thompson, Jolene From. Office of The City Clerk [NoReply@IQM2 com] Sent: Saturday, October 06, 2012 2 46 PM Subject: Agenda -Oct 9, 2012 (Tue) - Public Safety Committee If you have any questions regarding this agenda of the Public Safety Committee, please contact Jo Thompson at ithompson(cakentwa.gpv by email, or call (253) 856-5890. Please see the attached Agenda document for the following meeting: Public Safety Committee CC PS Regular Meeting Tuesday, October 9, 2012 4.30 PM 220 Fourth Avenue S, Kent, WA 98032 Download PDF Agenda I View Web Agenda Document Modified. 10/5/2012 11 29 AM If you no longer wish to be incloded in this distribution ,ist you can remove yourself through the meeting web portal or reply to this rrie,sage I I 1 Thompson, Jolene From: Office of The City Clerk [NoReply@IQM2 corn] Sent: Wednesday, October 10, 2012 4 02 PM Subject: Minutes -Sep 11, 2012 (Tue) - Public Safety Committee If you require additional information about the Public Safety Committee meetings, please contact Jo Thompson via email at Ithompson(akentwa.gov Please see the attached Minutes document for the following meeting: Public Safety Committee CC PS Regular Meeting Tuesday, September 11, 2012 4:30 PM 220 Fourth Avenue S, Kent, WA 98032 Download PDF Minutes I View Web Minutes Document Modified. 10/10/2012 11.00 AM If you no longer wish to be included in this d�stnbution list you can remove yourself through the meeting web portal or reply to this n7essage i i 1