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HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 10/08/2013 (3) Public Safety Committee Agenda T Councilmembers: Les Thomas • Dana Ralph • Bill Boyce, Chair (CEN wa�,an�.n October 8th1 2013 5:30 p.m. Item Description Action Speaker(s) Time Paqe 1. Approval of September loth 2013 minutes Yes Bill Boyce 5 min 1 2. Target Zero Grant and Memorandum of Understanding Yes Sara Wood 5 min 3 3. DO] Bulletproof Vest Partnership Grant Yes Debra Leroy 5 min 11 4. Drug Free Communities Grant Yes Debra Leroy 5 min 15 5. 2013 Emergency Management Grant Yes Brian Felczak 5 min 21 6. Law Enforcement Mutual Aid and Mobilization Interlocal Agreement Yes Pat Fitzpatrick 5 min 55 7. School Speed Zone Traffic Safety Camera Update - (Information Only) No Pat Fitzpatrick 10 min 69 S. School Resource Officer Policy (Information Only) No Chief Ken Thomas 5 min 71 9. Police Chief's Update No Chief Ken Thomas 5 min 73 Jail Medical Savings Commander McCuistion Unless otherwise noted, the Public Safety Committee meets the 2ntl Tuesday of each month at 5:30 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Kim Komoto at (253) 856-5788 or via email at kkomoto@kentwa.gov. 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. i KE1dT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES September 10, 2013 COMMITTEE MEMBERS: William Boyce, Chair, Les Thomas, and Dana Ralph. The meeting was called to order by Chairperson William Boyce at 5:28 p.m. Changes to the Agenda: Chief Ken Thomas removed item four - School Zone Traffic Safety Camera update and item five - Police Chief's update. 1. Approval of Minutes Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to approve the August 13, 2013 minutes. Motion PASSED 3-0. 2. Ordinance Amending KCC 8.01 - Establishing "Chronic criminal nuisance" Acting City Attorney, Pat Fitzpatrick presented information regarding the chronic criminal nuisance ordinance. The police department Neighborhood Response Team (NRT) requested this ordinance in order to deal with continuous criminal conduct at particular pieces of property. NRT has been working with property owners to get compliance and educate on preventing further criminal conduct, but need this ordinance to deal with the absent owners. A few areas in the City continue to have continuous problems, which are taxing on police resources in addition to degrading the quality of life in the areas the properties are located. The law department modeled this ordinance after the city of Tacoma and the State of Texas. This ordinance addresses properties other than multi-family housing that are hubs for criminal activity. Multi-family housing owners participate in the City's STAR program. This ordinance specifies that if three crimes occur on the same property within a one year period it is deemed a criminal nuisance. The crime can be by the same party, owner, person renting, or guests that repeatedly come to the property. Most of the time, the police department is dealing with absent property owners. This ordinance will obligate the owners to remedy criminal conduct on their property or face a $500 penalty and possible civil code enforcement action. There are exceptions: If the person who lives at the property is a victim, that incident will not count, or if they are the person calling the police, that incident will not count. This ordinance is meant to address those people that occupy the property and are part of the problem. The NRT group is well-versed in educating owners on how to get their property in a position where their property is not a hub for criminal conduct. Pat Fitzpatrick indicated that having this ordinance in effect and having it as a threat, will allow the city to use it as a tool to notify the property owner that they have a problem and need to correct it. Public Safety Committee Minutes September 10, 2013 1 2 . Councilmember Ralph asked about the remedy and Pat Fitzpatrick indicated that by threatening monetary penalties, we hope to gain compliance by the property owners so that chronic criminal conduct does not occur. Councilmember Thomas wanted specifics regarding property notification to the property owners. Pat Fitzpatrick indicated that the NRT group will properly notify the property owners after probably cause is determined. After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED a Motion to recommend adoption an ordinance amending Chapter 8.01 of the Kent City Code, entitled "Public Nuisances," to establish a "chronic criminal nuisance" that exists when 3 instances of criminal conduct occur on a property within a one-year period and do not involve the property owner or occupants being the victims of the criminal conduct or contacting the police department to report the criminal conduct. Motion PASSED 3-0. 3. School Zone Traffic Safety Camera Update — Information Only Acting City Attorney, Pat Fitzpatrick, provided an update per Councilmember Boyce's request. Staff's intent was that this system would be operational by the first day of the 2013 school year. In early August, American Traffic Solutions (ATS) informed Pat that they would not be able to meet the August date. Based on prior interaction with ATS, staff believed that ATS would start the program with warnings going out September 1st. Pat indicated that one of the problems is that the program outline is the City's, but the installation belongs to ATS in addition to coordinating computer interaction with the City and Office of the Administrator of the Court's database. The current projected date to have the system operational is October 14tn. This is due to the need for additional required testing through the Office of the Administrator of the Courts in order to get our computer system to work with their system. This is a critical component that will avoid requiring our municipal court staff to manually enter information into the computer system. The city of Kent is one of the first cities in the state to implement this process, so additional setup and testing is required. Additionally, ATS has two types of camera technology, new technology and older technology that requires public works projects of cutting into the streets. Last Friday, ATS submitted permits for the Neeley O'Brien site. Sunrise elementary presents a problem since installation requires a new transformer requiring coordinantion with Puget Sound Energy. This project requires a bit more planning, but it is anticipated that the program will be active by October 14tn Staff is pushing ATS to ensure that the program is operational by October 14tn Councilmember Boyce requested that the committee is kept informed as to the status of the project. Councilmember Ralph asked what will happen if we don't make the October 14th dedline. Pat indicated that we have considered holding off on implementing the program until after the school's winter break, but hope that the program will be operational by October 14tn Adjournment Councilmember Boyce ad'ourned the meeting at 5:47 p.m. Kim A. Komoto ` Public Safety Committee Minutes September 10, 2013 2 3 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 8, 2013 TO: Public Safety Committee SUBJECT: Target Zero Teams Manager and Outreach Grant - Accept MOTION: Recommend Council accept the Target Zero Teams Community Outreach grant in an amount of $8,280.00, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. SUMMARY: The grant funds are awarded to Kent for use by the King County Target Zero Managers. The managers will partner on education/outreach and media campaigns related to impaired driving education during high profile events and holidays, i.e. Seafair weekend, Halloween, Super Bowl Sunday, and Cinco de Mayo. Additionally, funds are allocated for Target Zero enforcement patrols. Kent is awarded $13,056 for enforcement patrols; Kent's South King County Target Zero Manager is awarded $3,540; South King County's Law Enforcement Liaison (Kent PD) is awarded $4,740; and $5,000 is awarded to Kent for education/media campaigns. Exhibit: Grant award notification and King County Target Zero Team Budget Budget Impact: No city match is required. 4 5E iR. MEMORANDUM OF UJNOERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION Target Zero 'beams King County Target Zero Task Farce Law Enforcement, Law Enforcement Liaison, Target Zero Manager, & Public Outreach THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the (Cent Police Department (Agency) and the Washington Traffic Safety Commission (WTSQ. TERM: October 1, 2013 to September 30, 2014 AMOUNT: NOT TO EXCEED 26 336 CFDA # 20.616 IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for King County Law Enforcement Agencies to participate in the Target Zero Teams project. GOAL. to reduce the number of people killed or seriously injured by impaired drivers in King County through aggressive, rnulti-jurisdictional, high-visibility patrols using an integrated systems approach to traffic safety which is evidenced-based and targets the locations where the most safety benefit can be realized. IT IS, THEREFORE, MUTUALLY AGREED THAT. 1.. SCOPE OF WORK: The Target Zero Team DW patrols will be; deployed at Carnes and locations where data indicates that the most: safety benefit can be realized as determined by the King County Target Zero I ask Force. Officers will also work on the King County Home Safe Bar program, with approval of the King County Target Zero Manager or the law enforcement liaison to the task force. 2. COND.1IIOINS: Agency will deploy highly skilled officers in coordination with other King County Law Enforcement agencies, the King County _1aiget Zero Task Force, and the WSP District 2. Target Zero Team to generate the highest amount of deterrence possible. Agency certifies that all officers participating in these patrols are SFSF trained. To meet: this requirement: Created: September 2013 'rZf King L.EL LE MOU F°FY 20'14 Page 1 of 4 5 Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement (ARIDE) within the prior three years, or Officer must be a certified Drug Recognition Expert. 3. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime basis (not to exceed 1.5 times their normal salary plus Agency's contributions to employee benefits including FICA, Medicare, Worker's Compensation and unemployment) to participate in these emphasis patrols and the Home Safe Bar Program. Agency will provide also provide the King County Target Zero Task Force Law Enforcement Liaison on an overtime basis (not to exceed 1.5 times their normal salary and benefits) as needed, to review data, plan operations, and coordinate emphasis patrols. Agency will also provide the King County Target Zero Task Force Manager on an overtime basis (not to exceed 1.5 times their normal salary and benefits) as needed for the management of the Target Zero reams project not to exceed. Agency will use $5,000 of this funding on Target Zero/DUI prevention public outreach and media/education campaigns. Jail booking cost (booking fee + daily rate) that result from a law enforcerent officer, frorn one jurisdiction making an arrest while oil Target Zero Teaniss patrol in another jurisdiction will be considered for reimbursement with apl:)roval from the Target Zero Manager or her/his designee. 4. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing Agency has received prior approval from the 'Target Zero Manager or law enforcement liaison to the task force. S. GRANT AMOUNT: Agency is allotted I$ �; 6 dollars for the cost of this project. This allocation may be increased by your "Target Zero Manager during the ..above campaign(s), without: arnending this agreernent. PROVIDED THAI the increase in the allocation does not exceed 50% of the original arnount. Any increase in allocation exceeding 50% will require an amendment to this docurnent. Created: September 2013 TZT King LFL LE MOU FFY 2014 Page 2 of 4 6 6. PERFORMANCE STANDARDS: a. All participating law enforcement are required to have 3 self- initiated contacts per hour of enforcernent, or show DUI arrests with working on Target Zero DUI patrols. A completed emphasis log is required. b. All persons working on the Home Safe Bar Program are required to fill out the Home Safe Bar Program log. c. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. d. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 7. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19-].A Form). * Agency identified as the "Claimant"; * A Federal Tax ID #; and, * Original signature of the agency head, command officer or contracting officer. b. Payroll support documents (signed overtime slips, payroll documents). c. Officer TZT Emphasis Patrol Activity Logs showing 3 or more self- initiated contacts per hour and/or DUI arrests for reimbursement for any patrol overtime reimbursement. d. Home Safe Bar program logs for any reimbursement for participation in the Horne Safe Bar program, e. The Invoice Voucher (A19-M Form), payroll supporting documents, and Emphasis Patrol Activity Logs, arid/or Horne Safe Bar program logs shall be submitted to your Target zero Manager for review. The Target Zero Manager will forward these documents to WTSC for, processing and payrrient. 8. DEADLINE FOR CLAIMS- All claims for reimbUrsernent for emphases conducted ed Drior to June 30 must be received by WTSC no later than August I.S. Claims for activity conducted between July "t and September 30 must be received by wr� C no later than November 15. Monthly billing is preferred. NOTE. This "neans that all clairns must be received by the King County Target Zero Manager no later than two weeks prior to the WTSC deadline. 9, DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from Agency, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. Created: September 2013 TZF King LEL LE MOU FFY 2014 Page 3 of 4 7 10, TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 11. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Kent Police Department Agency Washington Traffic Safety Commission Chief Ken Thomas Contracting Agent (Print) Date Signature Date Agency address (for mailing fully executed MOIL): Kent Police Department 220 41h Ave. S. Kent,-WA.-.9£3032 Agency PIO contact: Sgt_..-Robert Constant rronst_ant. a kent�-rg v 253 856 5882 Please return two MgneU MOUIs to your Target Zero Mainager. Sara Wood Target Zero Manager -- ---- 220 4'"' Ave. S. Address Kent WA .9803 --- ------..... . .. .. ......... City/State/Zip 1.53-856-5851/swood(c�kr.r7twa.gr>v Phone/E-mail created: September 2013 TZ"I`King LEL L.E.MOU FFY 2014 Page 4 of 4 8 AGING COUNTY TARGET ZERO TEAM BUDGET OCTO ER 1, 2013 n SEPTEM ER 30, 2014 Budget City of Seattle Patrols (Seattle) Officers will work approximately 40 hours a month x $68.00 x 12 months = $32,640 1. Focus an Friday and/or Saturday evenings between 8pm —4am and special events (ex: Seahawks, Sounders, Mariner's games) 2. Agency will have approximately 45 hours of enforcement a month If needed, officer time for court will be deducted from patrol funds FUNDING "ro SEATTLE._FOR PATROL ®5'32,640__._. Primary Agencies (Kent, Auburn, Federal Way, Bellevue) North & South regions of King County will be assigned one weekend a month to work. The weekend will be identified by the Target Zero Team based upon events taking place and crash data. Estimate 16 hours a month x $68.00 (officer OT) x 12 months = $13,056 (per agency) 1. Focus on Friday and/or Saturday evenings between 8pm -- 4am 2. Each agency will have approximately 16 hours of enforcement a month If needed, officer time for court will be deducted from patrol funds. FUNDING TC1ww PRIMARY CITIES FOR PA"'FRGL 13 056 x 4 ariencip Secondary Agencies (Kirkland, Redmond, Renton, Snoqualmie) North & South regions of King County will be assigned one weekend a month to work. The weekend will be identified by the 'I arget Zero Team based upon events taking place and crash data. 1.7stirnate 12 hours a month x $68.00 (officer 01) x 12 months .._ $g,792 (user agency) 1. Focus on Friday and/or Saturday evenings between 8prn -4am 2. Each agency will have approximately '16 hours of enforcement a month If needed, officer time for court will be deducted from patrol funds. FUNDING TO SECONDARY CITIES FOR PATROL — 8.T9 ..4.._.a_ q r.cµe s _ 39168 . ,._.....___ North & South King County Support Agencies Funding additional support agencies for TZT regions to be determined according to fatality and serious injury data and local need. Officers will supplement patrols in jurisdictions to help meet high visibility enforcement requirements. Team A: (Issaquah, King County Sheriff's Office, Mercer Island, SeaTac) Estimate 8 hours a month x $68.00 (officer OT) x 12 months = $6,528 (per agency) Team B: (Burien, Lake Forest Park) Estimate 8 hours a month x $68.00 (officer OT) x 6 months = $3,264 (peragency) FUNDING TO SUPPORT CITIES FOR PATROL 0 Wages and Benefits -- I iquor Control Board Officers: Officers will work in conjunction with TZT emphasis patrols and visit high incident DUI establishments. Includes both proactive and reactive visits. Estimate 10 hours a month x 64.00 (officer OT) x 12 months = $8,000 (per county region) TOTAL FUNDING TO LCB for North South King CountZ--L1.6 0 ;TOTAL........... L QO Wages and Benefits ® Support Personnel South King County total = $8,280 Target Zero Manager (Kent PD) 5 hours a month x $59 per hour x 12 months = $3,540 South King County Law Enforcement I.,Jaison (Kent PD) 5 hours a month x $79 per hour (Sgt OT) x 12 months = $4,740 North & East King County total $7,080 Target Zero Manager(Public I lealth-Seattle & King County) 5 hours a month x $51 per hour x 12 months = $3,060 North & East King County I aw Enforcernent Liaison (Redmond PD) 5 hours a month x $67 per hour (Lt OT) x 12 month s= $4,020 TOTAL SUPPORT PERSONNEL = $15 360 Public Education and Media Campaigns: King County Target Zero Managers will partner on education/outreach and media campaigns related to high profile events and holidays (examples but riot lirnited to Sea Fair weekend, Halloween, Super Bowl Sunday, Cinco de Mayo, etc.). $1,000 x 5 education media campaigns = $5,000 io ',TOTAL EDUCATION AND MED16_:-_�H 000 TOTTAL C3R,alNT REQUEST-KING COUNTY m 2014 allocation ii POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 8, 2013 TO: Public Safety Committee SUBJECT: DO] Bulletproof Vest Partnership Grant Award - Accept MOTION: Recommend Council accept the Bulletproof Vest Partnership FY 2013 grant in an amount of $13,151.46, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. SUMMARY: The Bureau of Justice Assistance notified the Kent Police Department of its receipt of an award of $13,151.46 under the fiscal year 2013 bulletproof vest partnership. The award amount reimburses 50% of the costs for 28 new hire or replacement vests. The award funds may be used for National Institute of Justice compliant armored vests which were ordered on or after April 1, 2013. All jurisdictions that applied for the funding certified during the application process that a mandatory wear policy was in place for their jurisdiction. Exhibit: Grant award notification and grant amount. Budget Impact: The city's match is $13,151.46 already budgeted for new and replacement vests. 12 o o_ o o o 0 O N LL K V E > L m n com '3 v Q' W M o t 3 a N 00 N'. N o LP 10 N rn � abi w a -: o o u c a > c > > a w ~ o ' Lrn Y C.-i p c > v a N ip v � v T , a v rEc vi a 0 a y 0 NON o O U. c _ No " vo a LL. ` L Q ten° c' c = Y N N 0 O O C N N O N M C1 y E C o `u° mum c m o v ° a `0 � 3 w N N C O - E u- N N `-" ,f N = ,� N uNi p CC C i+ O U O G Y w 2 i+ N C C tp h H _ O Q O 2� A Ul O_ M 0. O J N Vl U Q G. L COLl a) Y J� F 0. N 0 ( cnN 2u u C: 3 p, v N c .N u ial a �j� E E V' v to c L c a a� > > _t N t W Q Q ry'.. Q E K U1 m d d d U J Q y:: D U - 1. N N N N M M M M M d' It <f' LA Vl 6 v 13 FY 20SCAAP Use of Funds List Construction • Construction for Inmate housing, inmate programs, prison industries in ADA compliance Training/Education for offender • Specific trade employment skills • GED testing • Job Preparedness Tralning for corrections officers to help manage offender population • Bi-Iingual language skills • Less than lethal technology training • Diversity training • Prison rape training • Gang intervention training Consultants—must directly impact offender populations • Trainers for corrections officers and/or offenders • Facility/program evaluations personnel Medical Services Mental Health Services Vehicle rental/purchase for transport of Inmates Salaries, Overtime and Bonuses • Salaries for corrections officers • Overtime costs required by negotiated contract regulation such as union agreements and required post staffing minimums • Performance based bonuses Pre•Release/Reentry Programs • Community corrections—probation and parole • Special Community Corrections Units(sex offender/mental health) Technology • Offender management software • Tracking devices and electronic monitoring • Inter/antra Agency Information Sharing Workforce recruitment and retention study Disaster Preparedness and continuity of operations for corrections facility 14 This page intentionally left blank. 15 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 8, 2013 TO: Public Safety Committee SUBJECT: Kent Drug Free Communities Support Program Grant - Accept MOTION: Recommend Council accept the Kent Drug Free Coalition grant from the Department of Health and Human Services in the amount of $104,988, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. 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 September 30, 2012 through June 29, 2014. Exhibit: Notice of Award dated September 28, 2013 Budget Impact: No city match is required S:\PUBLIC\POLICE\Public Safety Committee\October 2013\Target Zero Teams Grantinotion.Doc Notice of Award Drug-Free Communities (DFC) Support Program Issue Date: 09/28/2013 Department of Health and Human Services 16 o Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention Grant Number: 5H79SP014902-05 REVISED Program Director: Stacy Judd Project Title: Kent Drug Free Coalition Grantee Address Business Address 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—06/29/2014 Project Period: 09/30/2008—06/29/2014 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby revises this award (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 DFC Act 1997 (PL105-20) reauth PL107-82 PL 109-469) 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, Virginia Simmons Grants Management Officer Division of Grants Management See additional information below Page-1 17 SECTION I-AWARD DATA—5H79SP0l4902-05 REVISED Award Calculation (U.S. Dollars) Salaries and Wages $5,090 Fringe Benefits $625 Personnel Costs (Subtotal) $5,715 Supplies $15,885 Consortium/Contractual Cost $44,790 Travel Costs $14,680 Other $23,918 Direct Cost $104,988 Approved Budget $210,221 Federal Share $104,988 Non-Federal Share $105,233 Less Unobligated Balance $51,349 Cumulative Prior Awards for this Budget Period $53,639 AMOUNT OF THIS ACTION (FEDERAL SHARE) $0 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 SP C96R655 $53,639 SP Administrative Data: PCC: DFC/OC: 4145 SECTION 11— PAYMENT/HOTLINE INFORMATION —5H79SP014902-05 REVISED 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 REVISED Page-2 is 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 —5H79SP0l4902-05 REVISED REMARKS This award reflects approval for a carryover amount in the amount of$21,495, in addition to a carryover request approved in March 07, 2013 in the amount of$29,854 to total $51,319 for Fiscal Year 2012. This Notice of Grant award is revised to approve a no cost extension request for 9 months to extend the budget and project period end dates from September 30, 2013 to June 29, 2014 per your original email request dated September 26, 2013. This revise Notice of Award approves carryover of an unobligated balance in the amount of$21,495 from 2011 year funds to 2012 year funds per grantee email dated September 26, 2013. If the final resolution of the audit covering the above stated budget period(s) determines that the unobligated balance of funds is incorrect, SAMHSA will not make additional funds available to cover any shortfall. ALL PREVIOUS TERMS AND CONDITIONS REMAIN IN EFFECT. 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). In addition, a final FFR is due within 90 days after the end of the extension with no unliquidated obligations. Page-3 19 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 maybe 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-428-13; * 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-4 20 This page intentionally left blank. OFFICE OF EMERGENCY MANAMENT Dominic Marzano Emergency Manager/ Division Chief 24611 116" Ave. SE KEN T Kent, WA 98030 Fax: 253-856-4119 PHONE: 253-856-4440 DATE: OCTOBER 8, 2013 TO: Public Safety Committee SUBJECT: Emergency Management Performance Grant Contract - Accept MOTION: Move to recommend the Mayor accept the 2013 Emergency Management Performance Grant from the State of Washington Military Department, Emergency Management Division, in the amount of $108,112, authorize amending the budget and authorize execution of any related documents, subject to final terms and conditions acceptable to the city attorney and Emergency Manager. SUMMARY: Our Emergency Management Division has received a grant in the amount of $108,112 from the Washington State Military Department and the Department of Homeland Security to supplement local budget expenditures The Washington State Military Department, Emergency Management Division, receives grant monies each year from the Department of Homeland Security through the Emergency Management Performance Grant (EMPG). A portion of this grant is earmarked by the State to be passed through to local jurisdictions that have emergency management programs to supplement their local emergency management operating budget in an effort to enhance their emergency management programs. The Statement of Work, which is included in the attached contract, outlines the objectives, goals, and deliverables that were identified when we applied for the grant monies. EXHIBIT: Contract with State of Washington Military Department, Emergency Management Division BUDGET IMPACT: No impact this is a pass through grant Washington State Military Department HOMELAND SECURITY GRANT AGREEMENT FACE SHEET 22 1. Sub-grantee Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: City of Kent-OEM 24611 116th Ave SE $108,112 E14-088 Kent,WA 98030-4939 4. Sub-grantee Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Jennifer Keizer, 253-856-4342 JDKeizer@kentwa.gov June 1, 2013 August 31, 2014 7. Department Program Manager, phone/email: 8. Data Universal Numbering System(DUNS): 9. UBI #(state revenue): Sierra Wardell, 253-512-7121 020253613 173-000-002 sierra.wardell@mil.wa.gov 10. Funding Authority: Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security(DHS) 11. Funding Source Agreement#: 12. Program Index# & OBJ/SUB-OJ 13. CFDA#&Title: 14. TIN: EMW-2013-EP-00050-S01 733PT NZ 97.042 EMPG 91-6001254 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 33, 47 King County Certified?: X N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 8, 9 ❑ YES, OMWBE# 18. Agreement Classification 19. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Sub-Grantee Selection Process: 21. Sub-Grantee Type (check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. PURPOSE: Provide U.S. Department of Homeland Security(DHS) Emergency Management Performance Grant (EMPG)funds to local jurisdictions and tribes with emergency management programs to support and enhance those programs as described in the Work Plan. IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet, Special Terms & Conditions (Exhibit A), General Terms and Conditions (Exhibit B), Work Plan (Exhibit C), Milestone Timeline (Exhibit D), Budget (Exhibit E), and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. Work Plan 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5. Other provisions of the grant agreement incorporated by reference. WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE APPLICANT: Signature Date Signature Date Dan Swisher, Chief Financial Officer Suzette Cooke Jim, Mayor Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Signature Date Jim Schneider, Fire Chief Brian E. Buchholz (signature on file) 9/16/2013 Assistant Attorney General APPROVED AS TO FORM (if applicable): Applicant's Legal Review Date Form 10/27/00 kdb DHS-FEMA-EMPG-FFY 13 Page 1 of 32 City of Kent OEM E14-088 Exhib23 SPECIAL TERMS AND CONDITIONS ARTICLE I -- KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Grant Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUB-GRANTEE MILITARY DEPARTMENT Name Jennifer Keizer Name Gary Stumph Title EM Specialist Title Program Coordinator E-Mail JDKeizer@kentwa.gov E-Mail gary.stumph@mil.wa.gov Phone 253-856-4342 Phone 253-512-7483 Name Jim Schneider Name Olivia Hollowwa Title Fire Chief Title Program Coordinator E-Mail jchneider@kentfirerfa.org E-Mail olivia.hollowwa@mil.wa.gov Phone 253-856-4311 Phone 253-512-7149 Name Sierra Wardell Title Program Manager E-Mail sierra.wardell@mil.wa.gov Phone 253-512-7121 ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Sub-grantee shall comply with all applicable state and federal laws, regulations and program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the following: 1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; Office of Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations (formerly OMB Circular A-110). 2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2, Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 3. Grant funds will not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. The Sub-grantee, upon written request by the Department, DHS or FEMA, shall demonstrate through supporting records and documentation that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 4. Duplication of Benefits: There may not be a duplication of any Federal assistance by governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c), which states: "Any cost allocable to a particular Federal award or cost objective under the principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons." However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with DHS-FEMA-EMPG-FFY 13 Page 2 of 32 City of Kent OEM E14-088 existing program agreements. Non-governmental entities are also subject to this prohib24 per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2. 5. The Sub-grantee shall comply with all applicable federal laws, regulations and guidance referenced in the "FY 2013 Emergency Management Performance Grants (EMPG) Program, Funding Opportunity Announcement (FOA)", which can be found at http://www.fema.gov/preparedness-non-disaster-grants and are hereby incorporated in and made a part of this Agreement. 6. The Sub-grantee shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109- 282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department Attachment #1 attached to and made a part of this Agreement. ARTICLE III — REIMBURSEMENT/INVOICING PROCEDURES 1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Grant Agreement. Any travel or subsistence reimbursement allowed under the Grant Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall not exceed federal maximum rates set forth at http://www.gsa.gov without prior written approval by Department key personnel. 2. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this Grant Agreement must be maintained by the Sub-grantee and be made available upon request by the Department, and local, state, or federal auditors. 3. The Sub-grantee will submit reimbursement requests to the Department by submitting a properly completed State A-19 Invoice form and reimbursement spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to HLS.Reimbursements(cDmil.wa.gov at least quarterly but not more frequently than monthly. 4. All work under this Agreement must end on or before the Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Agreement End Date. The maximum amount of all reimbursement requests permitted to be submitted under this Grant Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. 5. No equipment or supply costs will be reimbursed until the related equipment/supplies have been received by the Sub-grantee and invoiced by the vendor. 6. Requests for reimbursement of equipment purchases must include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Sub-grantee's authorized representative that states "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements". 7. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including but not limited to those reports in the Milestone Timeline and the Work Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. 8. Final reimbursement requests will not be approved for payment if the Sub-grantee is not current with all reporting requirements contained in this Agreement. DHS-FEMA-EMPG-FFY 13 Page 3 of 32 City of Kent OEM E14-088 ARTICLE IV— REPORTING REQUIREMENTS 255 1. The Sub-grantee shall submit with each reimbursement request a report describing completed Work Plan activities for which reimbursement is sought. 2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall submit to the Department's key personnel a final report describing all completed activities under this Grant Agreement and new activities for which grant funding will be sought in the upcoming grant cycle's Work Plan. If a Sub-grantee will not be applying for grant funding during the next annual grant cycle application process, a final report will be submitted to the Department detailing progress on all activities listed in the Work Plan. 3. Additionally, in conjunction with the final report , the Sub-grantee shall submit a separate report detailing how the Exercise and Training requirements were met for all personnel funded in any part through any source of funding under this Agreement ARTICLE V— EQUIPMENT MANAGEMENT All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will be recorded and maintained in the Sub-grantee's equipment inventory system. 1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub- recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of ownership is in place. 2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment including all questions of liability. The Sub-grantee shall develop appropriate maintenance schedules and procedures to ensure the equipment is well maintained and kept in good operating condition. 3. The Sub-grantee shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Sub-grantee for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Sub-grantee until all litigation, claims, or audit findings involving the records have been resolved. 5. The Sub-grantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Sub-grantee to determine the cause of the difference. The Sub-grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Sub-grantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated and a report generated and sent to the Department. 7. If the Sub-grantee is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. 8. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: DHS-FEMA-EMPG-FFY 13 Page 4 of 32 City of Kent OEM E14-088 a. Items of equipment with a current per-unit fair market value of less than $5,000 map retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring agency for its share. 9. As recipient of federal funds the Sub-grantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-recipients who receive pass-through funding from this Grant Agreement. 10. Allowable equipment categories for the FY 2013 EMPG program are listed on the web- based version of the Authorized Equipment List (AEL) located at the Responder Knowledge Base at http://wwvv.rkb.us/. Reimbursement will only be provided for equipment that (1) is on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through the Department; Sub-grantees must contact the Department representative for assistance in seeking FEMA approval for equipment not on the AEL. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted standards to be eligible for purchase using EMPG funds. In addition, Sub-grantees must obtain and maintain all necessary certifications and licenses for the equipment. Sub- grantees are solely responsible for ensuring equipment eligibility. ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION 1 . The Sub-grantee shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program. 2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The Sub-grantee is advised that any project or expenditure with the potential to impact natural or biological resources or historic properties, including but not limited to, communication towers, physical security enhancements, new construction, renovation, or modification to buildings or structures, cannot be initiated until FEMA has completed the required EHP review. Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of funds. ARTICLE VII — PROCUREMENT The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13.36, Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the Department for review and approval prior to the Sub-grantee's award and execution of a contract. This requirement must be passed on to all of the Sub-grantee's sub-contractors, at which point the Sub-grantee will be responsible for reviewing and approving their sub- contractors' sole source justifications. ARTICLE VIII — SUB-GRANTEE MONITORING 1. The Department will monitor the activities of the Sub-grantee from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. As a subrecipient of federal financial assistance under Circular A-133, the Sub-grantee shall complete and return to the Department Attachment #2 "OMB Circular A- 133 Audit Certification Form" with the signed Grant Agreement and each fiscal year thereafter until the Grant Agreement is closed, which Form is incorporated in and made a part of this Agreement. 2. Monitoring activities may include, but are not limited to: a. review of performance reports; b. monitoring and documentation the completion of Grant Agreement deliverables; DHS-FEMA-EMPG-FFY 13 Page 5 of 32 City of Kent OEM E14-088 c. documentation of phone calls, meetings, a-mails and correspondence; 27 d. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Grant Agreement budget and federal requirements; e. observation and documentation of Grant Agreement related activities, such as exercises, training, funded events and equipment demonstrations; f. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. 3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub- recipients who receive pass-through funding from this Agreement. ARTICLE IX— NIMS COMPLIANCY 1. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain and deliver the core capabilities needed to achieve a secure and resilient nation. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive (PPD)-8, to guide activities within the public and private sector and describes the planning, organizing, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. 2. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2013 (FFY13) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2013 must be met. ARTICLE X— EMPG SPECIFIC REQUIREMENTS 1. The Washington State Military Department Emergency Management Division (EMD) receives grant funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG) Program. The funding assists state and local governments enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law93-288, as amended, 42 U.S.C. 5121-5207). 2. A portion of the FFY13 EMPG grant has been identified by the state to be passed through to local jurisdictions and tribes, which have emergency management programs, to supplement their local/tribal operating budgets. Each jurisdiction or tribe that applied and met the qualifications specified in WAC 118-09 regarding emergency management assistance funds was awarded a sub-grant based on the size of their agency's emergency management operating budget. Funds will be used by local jurisdictions and tribes to enhance their emergency management capability. 3. Funds are provided by DHS/FEMA solely for the use of supporting emergency management programs as provided by the EMPG Program. The Sub-grantee shall use the funds to perform tasks as described in the Work Plan of the Sub-grantee's application for funding, as approved by the Department. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 4. The Sub-grantee shall provide a match of $108,112 of non-federal origin. Match (cost share) may be cash or in-kind. To meet matching requirements, the Sub-grantee contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including but not limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate mechanism must be in place to capture, track, and document match. DHS-FEMA-EMPG-FFY 13 Page 6 of 32 City of Kent OEM E14-088 5. The Sub-grantee acknowledges that since this Grant Agreement involves federal fund,*8 the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Grant Agreement prior to distribution of appropriated federal funds. The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. 6. Exercises that are implemented with grant funds must meet the requirements of the FFY13 EMPG Program. All personnel funded in any part through any source of funding under this Agreement shall participate in no less than three exercises in a 12-month period. 7. All personnel funded in any part through any source of funding under this Agreement shall complete the following training requirements and record proof of completion: NIMS Training IS 100, IS 200, IS 700, and IS 800 and the FEMA Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244. 8. Cumulative changes to budget categories in excess of 10% of the Grant Agreement amount will not be reimbursed without prior written authorization from the Department. In no case shall the total budget amount exceed the Grant Agreement amount. Budget categories are as specified or defined on the budget sheet of the contract. Any changes to budget categories other than in compliance with this paragraph will not be reimbursed. 9. As a recipient of federal financial assistance under this Agreement, the Sub-grantee shall comply with all applicable state and federal statutes, regulations, executive orders, and guidelines, including but not limited to the following: a. All applicable state and federal statutes, regulations, executive orders and guidelines relating to nondiscrimination, including but not limited to the following: (a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.) which prohibits discrimination on the basis of race, color or national origin; (b) the Civil Rights Act of 1968 (42 U.S.C. 3601), which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex; (c) Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§1681 et seq.), which prohibits discrimination on the basis of sex; (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.0 §794), which prohibits discrimination on the basis of disability; (e) the Age Discrimination Act of 1975, as amended (42 U.S.0 §§6101 et seq.), which prohibits discrimination on the basis of age; (f) the Fair Housing Amendments Act of 1988, as amended (42 U.S.C. §§3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (g) the Americans with Disabilities Act, as amended (42 U.S.C. §§ 12101-12213) which prohibits discrimination on the basis of disability; and (h) Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency. b. All applicable state and federal statutes, regulations, executive orders and guidelines relating to environmental and historical preservation, including but not limited to the following: (a) the Coastal Wetlands Planning, Protection and Restoration Act of 1990, as amended (16 U.S.C. 3951 et seq.), Executive Order 11990 and 44 CFR Part 9; (b) the Clean Air Act of 1970, as amended (42 U.S.C. §7401) and the Clean Water Act of 1977, as amended (38 U.S.C. §§ 1251-1387) and Executive Order 11738; (c) floodplains management pursuant to EO 11988, as amended; (e) the Coastal Zone Management Act of 1972, as amended (P.L. 92- 583, 16 U.S.C. §§1451 et seq.); (d) the National Environmental Policy Act, as amended (42 U.S.C. §4321); (e) the Safe Drinking Water Act of 1974, as amended DHS-FEMA-EMPG-FFY 13 Page 7 of 32 City of Kent OEM E14-088 (PL 93-523); (f) the Endangered Species Act of 1973, as amended (PL 93-205); 20 (g) the National Historic Preservation Act, as amended (PL 89-665, 16 U.S.C. §470 et seq.) and 36 CFR Part 800. c. The Drug-Free Workplace Act of 1988, as amended (41 U.S.C. §701 et seq., 2 CFR 3001, 44 CFR Part 17). d. Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104) and 2 CFR §175. e. The requirements of 45 CFR Part 46 Protection of Human Subjects for purposes of research, and the requirements in DHS Directive 026-04. f. The requirements of the Animal Welfare Act of 1966, as amended (7 U.S.C. §2131 et. seq.). g. The Flood Disaster Protection Act of 1973 the National Flood Insurance Act of 1968, as amended (42 U.S.C. §4001 et seq.). h. The USA Patriot Act of 2001, as amended (18 U.S.C. §§175-175c). i. The Fly America Act of 1974, as amended (49 U.S.C. §40118) and the interpretive guidelines issued by the Comptroller General of the United States March 31, 1981, amendment to Comptroller General Decision B138942. j. The False Claims Act (FCA) (31 U.S.C. § 3729). k. Section 6 of the Hotel and Motel Safety Act of 1990 (15 U.S.C. §2225(a), ensuring that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention Control Act of 1974, 15 U.S.C. §2225. 10. The Sub-grantee must obtain DHS approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 11. The Sub-grantee must comply with any Federal requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 12. If, during the past three years, the Sub-grantee has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Sub-grantee must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the Department for forwarding to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the Sub-grantee, or the Sub-grantee settles a case or matter alleging such discrimination, the Sub-grantee must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 13. The Sub-grantee must ensure that any project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 14. If the Sub-grantee collects personally identifiable information (PII), the Sub-grantee must have a publically-available policy that describes what PII is collected, how the PII is used, whether the PII is shared with third parties, and how individuals may have their PII corrected as necessary. 15. The Sub-grantee and any of its sub-recipients are required to be non-delinquent in repayment of any Federal debt. DHS-FEMA-EMPG-FFY 13 Page 8 of 32 City of Kent OEM E14-088 Exhib o Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms will have the meaning set forth below: a. "Department' means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Sub-grantee" means the government or other eligible legal entity to which a sub- grant is awarded and which is accountable to the Grantee for the use of the funds provided under this Grant Agreement, and includes all employees of the Sub-grantee and any sub-contractor retained by the Sub-grantee as permitted under the terms of this Grant Agreement. The term "Sub-grantee" and "Contractor" may be used interchangeably in this Agreement. c. "Sub-grantee Agent' means the official representative and alternate designated or appointed by the Sub-grantee in writing and authorized to make decisions on behalf of the Sub-grantee. d. "Grantee" means the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this Grant Agreement, the state of Washington is the Grantee. The Grantee and the DEPARTMENT are one and the same. e. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, authorities and policies. f. "Investment Justification" means grant application investment justification submitted by the sub-grantee describing the project for which federal funding is sought and provided under this Grant Agreement. Such grant application investment justification is hereby incorporated into this Grant Agreement by reference. g. "PL" — is defined and used herein to mean the Public Law. h. "CFR" — is defined and used herein to mean the Code of Federal Regulations. i. "OMB" — is defined and used herein to mean the Office of Management and Budget. j. "WAC" — is defined and used herein to mean the Washington Administrative Code. k. "RCW" — is defined and used herein to mean the Revised Code of Washington. A.2 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-federal entities, as subrecipients of a federal award, that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (amended June 27, 2003, effective for fiscal years ending after December 31, 2003, and further amended June 26, 2007). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular A-133. As defined in Circular A- 133, the term "non-federal entity" means a State, local government, or non-profit organization, and the term "State" includes Indian tribes. Circular A-133 is available on the OMB Home Page at http://www.omb.gov. SUB-GRANTEES that qualify as subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised DHS-FEMA-EMPG-FFY 13 Page 9 of 32 City of Kent OEM E14-088 Yellow Book) developed by the Comptroller General and the OMB Complia34 Supplement. The SUB-GRANTEE has the responsibility of notifying its auditor and requesting an audit in compliance with Circular A-133, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by Circular A-133. The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-contractors also maintain auditable records. The SUB-GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its sub-contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The SUB-GRANTEE must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed costs resulting from the audit. Once the single audit has been completed, the SUB-GRANTEE must send a full copy of the audit to the DEPARTMENT and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The SUB-GRANTEE must send the audit and the letter no later than nine (9) months after the end of the SUB- GRANTEE's fiscal year(s) to: Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective action plan for any audit findings and a copy of the management letter if one was received. If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133, SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE fiscal year(s) to: Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The SUB-GRANTEE shall include the above audit requirements in any sub-contracts. Conducting a single or program-specific audit in compliance with Circular A-133 is a material requirement of this Grant Agreement. In the absence of a valid claim of exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with Circular A-133; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. DHS-FEMA-EMPG-FFY 13 Page 10 of 32 City of Kent OEM E14-088 A.3 ADVANCE PAYMENTS PROHIBITED 32 The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. SUB-GRANTEE shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.4 AMENDMENTS AND MODIFICATIONS The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other understandings or agreements, written or oral, shall be binding on the parties. A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.6 ASSURANCES DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency. If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall be incorporated into this Grant Agreement by reference. Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub- recipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to sub-recipients for any amount. With respect to covered transactions, the SUB-GRANTEE may comply with this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or by checking the System for Award Management (http:/Amwv.sam.gov) maintained by the federal government. The SUB-GRANTEE also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List' (http://vwwv.Ini.wa.gov/TradesLicensing/PrevWage/A`wardingAgencies/DebarredContractors�. A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 10 CFR Part 601, the Sub-grantee hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Sub-grantee to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, DHS-FEMA-EMPG-FFY 13 Pagel 1 of 32 City of Kent OEM E14-088 continuation, renewal, amendment, or modification of any federal contract, grant, loar3C3 cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Grant Agreement, grant, loan, or cooperative agreement, the Sub-grantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Sub-grantee will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.9 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUB-GRANTEE or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such the SUB-GRANTEE who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.10 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability arising from its failure to comply with applicable law, regulation, executive order, OMB Circular or policy. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUB-GRANTEE's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other law or court order. DHS-FEMA-EMPG-FFY 13 Page 12 of 32 City of Kent OEM E14-088 A.12 DISPUTES 34 Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Contractor and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the SUB- GRANTEE, or SUB-GRANTEE's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the DEPARTMENT's Authorized Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. DHS-FEMA-EMPG-FFY 13 Page 13 of 32 City of Kent OEM E14-088 Further, only the Authorized Signature representative or Alternate for the S915 GRANTEE shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the SUB-GRANTEE. A.17 NONDISCRIMINATION The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement. A.18 NOTICES The SUB-GRANTEE shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The SUB-GRANTEE represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the SUB- GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. DHS-FEMA-EMPG-FFY 13 Page 14 of 32 City of Kent OEM E14-088 A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION 36 The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all advertising and publicity matters relating to this Grant Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied. The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the SUB-GRANTEE fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repayment by the SUB- GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees. A.25 RECORDS a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the SUB-GRANTEE's contracts, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement (the "records"). b. The SUB-GRANTEE's records related to this Grant Agreement and the projects funded may be inspected and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the SUB- GRANTEE with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the Grant Agreement. c. The records shall be made available by the SUB-GRANTEE for such inspection and audit, together with suitable space for such purpose, at any and all times during the SUB-GRANTEE's normal working day. d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement. DHS-FEMA-EMPG-FFY 13 Page 15 of 32 City of Kent OEM E14-088 A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN 37 While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the project/statement of work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the SUB- GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the SUB-GRANTEE in connection with the project. The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable. A.28 SUB-CONTRACTING The SUB-GRANTEE shall use a competitive procurement process in the award of any contracts with contractors or sub-contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, or with OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE. Sub-Grantees must comply with the following provisions regarding procurement, and all Sub-Grantee contracts with sub-contractors or sub-recipients must contain the following provisions regarding procurement, per 44 CFR Part 13.36(i): 1. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (All contracts more than the simplified acquisition threshold). 2. Termination for cause and for convenience by the grantee or sub-grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000). 3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub-grantees). DHS-FEMA-EMPG-FFY 13 Page 16 of 32 City of Kent OEM E14-088 4. Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as suppleme" in Department of Labor regulations (29 CFR Part 3). (All contracts and sub-grants for construction or repair). 5. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2,000 awarded by grantees and sub-grantees when required by Federal grant program legislation). 6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub- grantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). 7. Notice of awarding agency requirements and regulations pertaining to reporting. 8. Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. 9. Awarding agency requirements and regulations pertaining to copyrights and rights in data. 10. Access by the grantee, the sub-grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 11. Retention of all required records for three years after grantees or sub-grantees make final payments and all other pending matters are closed. 12. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (All contracts, sub-contracts, and sub-grants of amounts in excess of $100,000). 13. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). The DEPARTMENT reserves the right to review the Sub-Grantee procurement plans and documents, and require the Sub-Grantee to make changes to bring its plans and documents into compliance with the requirements of 44 CFR Part 13.36. The Sub- Grantee must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Sub-Grantee and DEPARTMENT to make a determination on eligibility of project costs. All sub-contracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference. A.29 SUB-GRANTEE NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under this Grant Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or DHS-FEMA-EMPG-FFY 13 Page 17 of 32 City of Kent OEM E14-088 for any right or privilege applicable to an officer or employee of the DEPARTMENT 30 the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the SUB-GRANTEE is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the SUB-GRANTEE or its staff required by statute or regulation that are applicable to Grant Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may terminate this Grant Agreement by providing written notice of such termination to the DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole discretion and in the best interests of the State of Washington, may terminate this Grant Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE has failed to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE unable to perform any aspect of the Grant Agreement, or has violated any of the covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Grant Agreement in whole or in part. The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB- GRANTEE in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant Agreement may be terminated in whole or in part. DHS-FEMA-EMPG-FFY 13 Page 18 of 32 City of Kent OEM E14-088 The DEPARTMENT reserves the right to suspend all or part of the Grant Agreemgr withhold further payments, or prohibit the SUB-GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the DEPARTMENT to terminate the Grant Agreement in whole or in part. In the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Grant Agreement and the replacement or cover Grant Agreement and all administrative costs directly related to the replacement Grant Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or (2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination notice. Upon termination of this Grant Agreement and in addition to any other rights provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE to deliver to the DEPARTMENT any property specifically produced or acquired for the performance of such part of this Grant Agreement as has been terminated. If the termination is for convenience, the DEPARTMENT shall pay to the SUB- GRANTEE the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the DEPARTMENT prior to the effective date of Grant Agreement termination, and the amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Grant Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination. The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or liability. The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing, the SUB-GRANTEE shall: a. Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or sub-contracts for materials, services, supplies, equipment and/or facilities in relation to this Grant Agreement except as may be necessary for completion of such portion of the work under the Grant Agreement as is not terminated; c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the DEPARTMENT, all of the rights, title, and interest of the SUB-GRANTEE under the orders and sub-contracts so terminated, in which case the DEPARTMENT DHS-FEMA-EMPG-FFY 13 Page 19 of 32 City of Kent OEM E14-088 has the right, at its discretion, to settle or pay any or all claims arising out of4T termination of such orders and sub-contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent directed by the DEPATMENT any property which, if the Grant Agreement had been completed, would have been required to be furnished to the DEPARTMENT; f. Complete performance of such part of the work as shall not have been terminated by the DEPARTMENT in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection and preservation of the property related to this Grant Agreement which is in the possession of the SUB-GRANTEE and in which the DEPARTMENT has or may acquire an interest. A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the Grant Agreement specifically provides for different rates, any travel or subsistence reimbursement allowed under the Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The SUB-GRANTEE may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example: parking) that are authorized under this Agreement. A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The SUB-GRANTEE is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement. The SUB-GRANTEE may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.36 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement. A.37 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. DHS-FEMA-EMPG-FFY 13 Page 20 of 32 City of Kent OEM E14-088 42xhibit C FFY13 Emergency Management Performance Grant WORK PLAN Emergency Management Agency City of Kent Required Activities for EMPG eligibility The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention; protection; response; recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be conducted in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan and be NIMS compliant. AcnviTr 1 Emergency Management Activity: Participate in NAWAS tests and exercises Core Capability Operational Communications Public Information and Warning General Plan for 13EMPG: Participate in all scheduled National Warning System (NAWAS) tests and exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point. This is the on-going test of the statewide warning fan-out as outlined in the State CEMP and warning annex. All emergency management jurisdictions must be a part of this fan-out. 2 Emergency Management Activity: Participation in scheduled testing between Kent OEM and the State EOC Core Capability Operational Communications General Plan for 13EMPG: Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is maintained and participate in scheduled testing between local Emergency Operations Center (EOC) or similar facility and the state EOC. 3 Emergency Management Activity: Update and test ARES & RACES plans Core Capability Operational Communications Community Resilience General Plan for 13EMPG: Develop and/or update local plans and equipment for use of amateur radio (HAM bands) through the Amateur Radio Emergency Services (ARES) & Radio Amateur Civil Emergency Service (RACES) program and the state RACES /ARES plan. 4 Emergency Management Activity: Notification to State in the event of activation Core Capability Operational Communications Intelligence and Information Sharing General Plan for 13EMPG: Notify the state EOC immediately upon activation of the Kent ECC. Provide Situation Reports (SITREPS) as needed. DHS-FEMA-EMPG-FFY 13 Page 21 of 32 City of Kent OEM E14-088 5 Emergency Management Activity: 43 Communications and Warning Core Capability Operational Communications Public Information and Warning General Plan for 13EMPG: Where possible, work with the Local Area Emergency Alert System (EAS) Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. 6 Emergency Management Activity: NIMS requirements Core Capability Planning Operational Coordination General Plan for 13EMPG: Be fully compliant with Federal National Incident Management System (NIMS) compliance requirements. 7 Emergency Management Activity: Exercises Core Capability Risk Management for Protection Programs & Activities Operational Coordination General Plan for 13EMPG: Participate in the design, conduct, and evaluate at least one exercise during the performance period. 8 Emergency Management Activity: CEMP Core Capability Planning Threat and Hazard Identification General Plan for 13EMPG: Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency Support Functions (ESFs). The CEMP to be compliant with both the National Response Framework and National Incident Management System. 9 Emergency Management Activity: Public Education and Training Core Capability Community Resilience Public Information and Warning General Plan for 13EMPG: Conduct public disaster/ emergency preparedness education programs for the citizens and businesses in the community and schools. 10 Emergency Management Activity: City Wide Radios Core Capability Operational Communications Situational Assessment General Plan for 13EMPG: Conduct a monthly Citywide radio drill on the Kent Citywide Radio System 800MHz radios between the ECC and all designated Department Operating Centers (DOCs). DHS-FEMA-EMPG-FFY 13 Page 22 of 32 City of Kent OEM E14-088 11 Emergency Management Activity: 44 County Regional Radio Test Core Capability Operational Communications Situational Assessment General Plan for 13EMPG: Participate in the King County 800MHz radio test monthly. 12 Emergency Management Activity: Public Education and Training Core Capability Community Resilience Public and Private Services and Resources General Plan for 13EMPG: Conduct a minimum of 2 CERT academies; teach the full 8 week long FEMA Course using the approved curriculum. Accommodate students from the general citizenry in Kent and Fire District 37, the business community in the greater Kent area, and employees from the City of Kent, Covington and Kent Fire Department and Kent/Covington Schools. To include continuing education classes for past CERT graduates. To improve and refresh the skills of CERT graduates, keeping their skills current improve their ability to respond to support their community and first responders at time of a disaster. 13 Emergency Management Activity: Web and Social Media Core Capability Public Information and Warning Community Resilience General Plan for 13EMPG: Utilize the city webpage as a resource for outreach and information to the local, regional, and business communities. Work with Kent RFA Administration to manage the website for Kent Fire - RFA/ and Kent OEM. Utilize existing social media channels to communicate with the community. 14 Emergency Management Activity: Community Event Participation Core Capability Community Resilience Risk Management for Protection Programs & Activities General Plan for 13EMPG: Set up and staff visual public display booths for large citywide events including Cornucopia Days, Covington Days and National Night Out. Distribute preparedness information and flyers. 15 Emergency Management Activity: LEPC Core Capability Planning Public and Private Services and Resources General Plan for 13EMPG: Continue activities as the Kent Local Emergency Planning Committee (LEPC). Act as LEPC representative to the King County EMAC. DHS-FEMA-EMPG-FFY 13 Page 23 of 32 City of Kent OEM E14-088 16 Emergency Management Activity: 45 Citizen Corps Council Core Capability Planning Community Resilience General Plan for 13EMPG: Continue participation in the Region 6 Homeland Security Council and the King County Citizen Corps Council. Continue implementing the Region 6 Homeland Security Strategic Plan and funding distribution plans. 17 Emergency Management Activity: HAZMAT Core Capability Planning Operational Coordination General Plan for 13EMPG: Continue participation in the King County Region Hazmat Providers Group. 18 Emergency Management Activity: Mass Care Core Capability Mass Care Services Planning General Plan for 13EMPG: Continue participation in the KC Mass Care Workgroup bi-monthly meetings and participation in seminars and exercises. 19 Emergency Management Activity: Catastrophic Planning Core Capability Planning General Plan for 13EMPG: Continue participation in the Regional Catastrophic Planning Group meetings. 20 Emergency Management Activity: Kent EPC Core Capability Planning Operational Coordination General Plan for 13EMPG: Conduct City Emergency Planning Committee (EPC) meetings to address all five phases of emergency management within the City of Kent and Kent Fire Dept. Members are representatives of individual departments and the meeting activities incorporate training, ECC/DOC interface, and planning elements. 21 Emergency Management Activity: COOP Plans Core Capability Planning Risk Management for Protection Programs & Activities General Plan for 13EMPG: Continue to coordinate COOP plan development for all city departments, review draft plans and assist with standardization for essential functions DHS-FEMA-EMPG-FFY 13 Page 24 of 32 City of Kent OEM E14-088 22 Emergency Management Activity: 46 Zone Coordination Core Capability Planning Operational Coordination General Plan for 13EMPG: Meet with South King County geographic Zone 3 Emergency Management Directors to collaborate on common interest issues involving emergency management in Zone 3 and regional coordination with King County, Zone 1 and Zone 5. 23 Emergency Management Activity: CRS Review Core Capability Threat and Hazard Identification Risk and Disaster Resilience Assessment General Plan for 13EMPG: Review the requirements for the FEMA Community Rating System (CRS) including any impact analysis reports and CRS activities. Coordinate activities with Public Works to determine activities necessary and achievable to reduce insurance premiums. 24 Emergency Management Activity: ECC Enhancements Core Capability Planning Operational Coordination General Plan for 13EMPG: Continue to identify enhancements for Kent OEM ECC functionality and capability. 25 Emergency Management Activity: ECC Testing Core Capability Operational Coordination Operational Communications General Plan for 13EMPG: Continue to conduct monthly ECC in service days to test systems on a rotating basis. All systems such as electronics, displays, forms, and other material required for activation are checked and tested. 26 Emergency Management Activity: Professional Development Core Capability Planning Operational Coordination General Plan for 13EMPG: Research and send staff to available training activities, conferences, or professional development courses or meetings to enhance personnel professionalism in emergency management. 27 Emergency Management Activity: Amateur Radio Team Support Core Capability Operational Communications Operational Coordination General Plan for 13EMPG: Kent Communication Support Team (KCST) to hold drills on each 5th Saturday and participate in other trainings as needed. DHS-FEMA-EMPG-FFY 13 Page 25 of 32 City of Kent OEM E14-088 28 Emergency Management Activity: 47 Community Warning System Core Capability Public Information and Warning Community Resilience General Plan for 13EMPG: Maintain and update the reverse 911 community alert systems (CodeRed) for Kent. 29 Emergency Management Activity: Tier II Reporting Core Capability Threat and Hazard Identification Planning General Plan for 13EMPG: Receive, Review, and Document Tier II's from HazMat facilities. 30 Emergency Management Activity: Volunteer Management Core Capability Community Resilience Public and Private Services and Resources General Plan for 13EMPG: Develop and train a volunteer team to support multiple functions within the ECC and/or Disaster Preparedness/Recovery. 31 Emergency Management Activity: Annual Statewide Exercise Core Capability Community Resilience Planning General Plan for 13EMPG: Participate in the Great ShakeOut 2013 Exercise. 32 Emergency Management Activity: Windshield Survey Core Capability Situational Assessment Operational Coordination General Plan for 13EMPG: Ongoing development and enhancement of the Citywide All Discipline windshield survey program. 33 Emergency Management Activity: Credentialing Core Capability Access Control On-scene Security and Protection General Plan for 13EMPG: Enhance existing credentialing program. 34 Emergency Management Activity: Regional Hazard Mitigation Plan Core Capability Long-term Vulnerability Reduction Planning General Plan for 13EMPG: Participate in the King County Regional Hazard Mitigation planning. DHS-FEMA-EMPG-FFY 13 Page 26 of 32 City of Kent OEM E14-088 Exhik4$1 MILESTONE TIMELINE FFY13 Emergency Management Performance Grant Program MILESTONE TASK June 1, 2013 Start of Grant Agreement performance period. January 31, 2014 Submit reimbursement request#1 (June 1 — December 31, 2013) April 30, 2014 Submit reimbursement request#2 (January 1 — March 31, 2014) August 31, 2014 End of grant performance period. October 15, 2014 Submit final reimbursement request (April 1 — August 31, 2014), additional reports, and/or deliverables. DHS-FEMA-EMPG-FFY 13 Page 27 of 32 City of Kent OEM E14-088 49xhibit E Budget Sheet FFY13 Emergency Management Performance Grant Program The award is based on the allocation factor of 17.32% of 13EMPG Allocation Factor the approved local/tribal emergency management 13EMPG GRANTAWARDAMOUNTW$ E�= operating budgets. SOLUTION AREA BUDGETCATEGORY AMOUNT NARRATIVE L7 Planning,printing,software for Hazmat,COOP and LEPC Z Goods &Services .... ... $ .... 6,000 p!, qql ng. .... .... .... .... .. Z Travel/Per Diem $ - Z .. .... .... ... .... .... .... .... .... .. g Indirect $ - a Subtotal $ 6,000 J Q Salaries &Benefits $ - 0 Overtime/eackfill $ - aConsultants/Contractors $ - 2 EM Office Supplies,materials,instructional support for day tj Goods &Services $ 36,500 to day operations, IT,copier usage,phones,uniforms z 0 Subtotal $ 36,500 Tools /Minor Equipment&Furniturefor OEM Office,ECC, a Equipment $ 36,000 DOC's &Amatuer Radio Group O' Indirect $ - Subtotal $ 36,000 L7 Suppl ies,Materials,Instructional Supportfor OEM Z Goods &Services $ 4,000 Traini ngs Z Travel/Conferences/Registration/Per Diem/Training. Travel/Per Diem $ 20,000 Examples are WSEMA,IAEM,EMI,PIEP,& LEPC Subtotal $ 24,000 w Supplies,Materials,Instructional Supportfor OEM ut u Goods &Services $ 5,612 exercises. XIndirect $ - u' Subtotal $ 5,612 TOTAL Grant Agreement Contract AMOUNT: $ 108,112 • City of Kent - Office of Emergency Management (OEM) will provide a match of$108,112, 50% of the total project cost (local/tribal budget plus EMPG award), of non-federal origin. • Cumulative changes to budget categories in excess of 10% of the grant agreement award will not be reimbursed without prior written authorization from the Department. • This award will not be used to supplant the local/tribal funds. • The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted. • The Sub-grantee agrees to make all records available to Military Department staff, upon request. Funding Source: U.S. Department of Homeland Security- PI#733PT—EMPG DHS-FEMA-EMPG-FFY 13 Page 28 of 32 City of Kent OEM E14-088 ATTAC5116ENT #1 ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET For Compliance With The Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website. Federal awards include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual transactions below$25,000 or credit card transactions before October 1, 2008. However, if an award is initially below this amount yet later increased, the act is triggered. Due to this variability in compliance Subrecipients are required by the Military Department to be familiar with the FFATA requirements and complete this Worksheet for each contractfor the State's submission in to the FFATA portal. ADDITIONAL PROVISIONS A. This grant agreement contract (subaward) is supported by federal funds, requiring compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this grant agreement contract, the sub-grantee agrees to provide all applicable reporting information to the Washington Military Department (WMD) required by FFATA and OMB Guidance. B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov) containing information about entities that are awarded Federal grants, loans, and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier subawards related to Federal contracts and grants, and the executive compensation of awardees, must be made publicly available. C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than $25,000, reporting of the subaward and executive compensation information is required. If the initial subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de- obligated such that the total award amount falls below $25,000, the subaward continues to be subject to the reporting requirements of the Transparency Act and OMB Guidance. D. As a Federal grant subawardee under this grant agreement contract, your organization is required by FFATA, OMB Guidance and this grant agreement contract to provide the WMD, as the prime grant awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number, and relevant executive compensation data, as applicable. 1. Data about your organization will be provided to USASpending.gov by the WMD. System for Award Management (SAM) is a government wide registration system for organizations that do business with the Federal Government. SAM stores information about awardees including financial account information for payment purposes and a link to D&B for maintaining current DUNS information, http://www.sam.gov. WMD requires SAM registration and annual renewal by your organization to minimize unnecessary data entry and re-entry required by both WMD and your organization. It will also reduce the potential of inconsistent or inaccurate data entry. 2. Your organization must have a Data Universal Numbering System (DUNS) number obtained from the firm Dun and Bradstreet (D&B) (http://www.dnb.com). A DUNS number provides a method to verify data about your organization. D&B is responsible for maintaining unique identifiers and organizational linkages on behalf of the Federal Government for organizations receiving Federal assistance. DHS-FEMA-EMPG-FFY 13 Page 29 of 32 City of Kent OEM E14-088 E. The WMD, as the prime awardee, is required by FFATA to report names and total compens!;iln of the five (5) most highly compensated officers of your organization (as the subawardee) if: 1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards; and 2. The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. "Total compensation" for purposes of this requirement generally means the cash and non-cash value earned by the executive during the past fiscal year and includes salary and bonus; awards of stock, stock options and stock appreciation rights; and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance. F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards, and (2) the public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation for the five most highly compensated officers of your organization in the table below. DHS-FEMA-EMPG-FFY 13 Page 30 of 32 City of Kent OEM E14-088 WORKSHEET 57 Subrecipient Agency: Grant and Year: Agreement Number: Completed by: Name Title Telephone Date Completed: YES STOP no further analysis .........(...... ....... Is your grant agreement less than $25 000? f needed, GO to Step 6 NO GO to Step 2 In your preceding fiscal year, did your YES STOP no further organization receive 80% or more of its annual ( GO to STEP 3 ( analysis needed, GO gross revenues from federal funding? NO to Step 6 STEP .... In your preceding fiscal year, your organizationSTOP no further federal funding?eeive $25 000 000 or more in YE(S GO to STEP 4 NO analysis needed, GO to Step 6 Does the public have access to information about YES STOP, no further analysis the total compensation*of senior executives in fl- f needed, GO to step 6 NO GO to STEP 5 your organization? STEP"5.... Name Executive#1 Total Compensation amount: $ Executive#2 Name: Total Compensation amount: $ Name: Executive#3 Total Compensation amount: $ Name: Executive#4 Total Compensation amount: $ Name: Executive#5 Total Compensation amount: $ If your organization does not meet these criteria specifically identify below each criteria that is not met for your organization: For Example: "Our organization received less than $25,000." Signature: Date: *Total compensation refers to: • Salary and bonuses • Awards of stock, stock options, and stock appreciation rights • Other compensation including, but not limited to, severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources: http://www.whitehouse.gov/omb/open http://www.hrsa.gov/qrants/ffata.html http://www.qpo.gov/fdsVs/pkq/FR-2010-09-14/pdf/2010-22705.pdf http://www.grants.gov/ DHS-FEMA-EMPG-FFY 13 Page 31 of 32 City of Kent OEM E14-088 ATTACIkS�BENT #2 OMB Circular A-133 Audit Certification Form Audits of States, Local Governments, and Non-Profit Organizations Contact Information Subrecipient (Sub-Grantee) Name(Agency, Local Government, or organization): Authorized Financial Official: Address: Email: Phone#: Purpose: As a pass-through agency of federal grant funds, the Washington Military Department/Emergency Management Division (WMD/EMD) is required by Office of Management and Budget (OMB) Circular A-133 to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and ensure that subrecipients expending $500,000 or more in federal awards during their fiscal year have met the OMB Circular A-133 Audit Requirements. Your entity is a subrecipient subject to such monitoring by MIL/EMD because it is a non-federal entity that expends federal grant funds received from MIL/EMD as a pass-through entity to carry out a federal program. OMB Circular A-133 can be found at http://www.whitehouse.gov/sites/default/files/omb/assets/al331 a133 revised 2007.pdf, and it should be consulted when completing this form. Directions: As required by OMB Circular A-133, non-federal entities that expend $500,000 in federal awards in a fiscal year shall have a single or program-specific audit conducted for that year. If your entity is not subject to A-133 requirements, you must complete Section A of this Form. If your entity is required to complete an A-133 Audit, you must complete Section B of this form. When completed, you must sign, date, and return this form with your grant agreement contract and every fiscal year thereafter until the grant agreement contract is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement processing, withholding of federal awards or disallowance of costs, and suspension or termination of federal awards. SECTION A: Entities NOT subject to the audit requirements of OMB CircularA-133 Our entity is not subject to the requirements of OMB Circular A-133 because(check all that apply): ❑ We did not expend $500,000 or more of total federal awards during the fiscal year. ❑ We are a for-profit agency. ❑ We are exempt for other reasons (describe): However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s) in which we participate, that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or documentation to ensure proper stewardship of federal funds. SECTION B: Entities that ARE subject to the requirements of OMB Circular A-133 (Complete the information below and check the appropriate box ❑ We completed our last A-133 Audit on [enter date]for Fiscal Year ending [enter date]. There were no findings related to federal awards from WMD/EMD. No follow-up action is required by WMD/EMD as the pass-through entity. A complete copy of the audit report,which includes exceptions, corrective action plan and management response, is either enclosed or available online at: http://ww . ❑ We completed our last A-133 Audit on [enter date]for Fiscal Year ending [enter date]. There were findings related to federal awards. A complete copy of the audit report,which includes exceptions,corrective action plan and management response, is either enclosed or available online at: http://www. ❑ Our completed A-133 Audit will be available on [enter date]for Fiscal Year ending [enter date]. We will forward a copy of the audit report to you at that time unless it will be available online at: http://www. I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed.Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal grant funds from MIL/EMD until the grant agreement contract is closed. Signature of Authorized Financial Official: Date: Print Name & Title: WMD Form 1009-13,8/19/2013 DHS-FEMA-EMPG-FFY 13 Page 32 of 32 City of Kent OEM E14-088 54 This page intentionally left blank. 55 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 8, 2013 TO: Public Safety Committee SUBJECT: Law Enforcement Mutual Aid & Mobilization Interlocal Agreement - Authorize MOTION: Recommend the Mayor sign an interlocal cooperative agreement between numerous law enforcement agencies to provide law enforcement mutual aid and mobilization between the numerous participating agencies, subject to terms acceptable to the police chief and city attorney. SUMMARY: This agreement permits law enforcement agencies to provide assistance to, and receive assistance from, other participating jurisdictions when assistance is needed in order to provide timely and effective law enforcement throughout the area. The participating agencies include 36 cities, King County, the Port of Seattle, King County Airport Police, University of Washington, and Seattle University Public Safety. Exhibit: Interlocal Cooperative Agreement Budget Impact: None S:\PUBLIC\POLICE\Public Safety Committee\October 2013\Target Zero Teams Grantinotion.Doc 56 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, DES MOINES, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY INVESTIGATION TEAM I. PARTIES The parties to this Agreement are the Port of Seattle and the municipalities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictional VIT to effectively respond to high risk criminal occurrences as described below. IV. FORMATION There is hereby created a multi-jurisdictional Team to be hereafter known as the "Valley Investigation Team" ("VIT"), the members of which shall be the Port of Seattle, and the cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila. The future admission or elimination of a jurisdiction as a member of VIT may be accomplished by an addendum to this agreement. V. STATEMENT OF PROBLEM Law enforcement agencies have a strong interest in having a thorough, objective, and transparent investigation done by well-trained and experienced professionals when law enforcement personnel are engaged in a situation that results in a person's serious injury or death. The public shares that interest. Law enforcement efforts directed at dealing with these high profile incidents have, for the most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific high profile incidents, results in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined special investigation team. This results in improved services for the citizens of all participating jurisdictions, and improved cost effectiveness. VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Pagel 57 VI. TEAM OBJECTIVES Selected personnel from each participating jurisdiction will be consolidated and combined to form the VIT. The VIT shall service each participating jurisdiction. The VIT may also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the VIT is to respond to specific high profile incidents in a manner that provides for the effective use of personnel, equipment, funds, and training. The VIT shall respond as requested by any of the participating jurisdictions and provide a coordinated response to incidents that involve police officers or corrections personnel, and a life-threatening injury or loss of life. As special needs arise, it may be necessary to request assistance and/or personnel from other law enforcement agencies, which will be at the discretion of the VIT Commander. VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in the VIT by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The VIT may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting at which such vote is taken. VIII. GOVERNANCE The affairs of the Team shall be governed by an Executive Board ("Board"), whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting at which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board, together with such other officers as a majority of the Board may decide. The Board shall meet monthly, unless otherwise determined by the Board. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The presiding officer shall provide no less than forty-eight (48) hours' notice of all meetings to all members of the Board; PROVIDED, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 2 58 The policies, regulations, and operational procedures in effect pursuant to the previous interlocal agreement shall be in effect without action of the Board and until such time as they are subsequently altered by the Board. The VIT written policies, regulations, and operational procedures shall apply to all VIT operations. Thus, to the extent that the written policies, regulations, and operational procedures of the VIT conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the VIT written policies, regulations, and procedures shall prevail. IX. STAFF A Commander, which shall be a command level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the VIT. The Commander shall operate under the direction of the presiding officer of the Board. The Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the VIT responds to, problems of the VIT, and any other matter as requested by the Board. The Commander may be removed or reassigned by the Board at anytime and for any reason, with or without cause. Quarterly the Commander shall brief the Board on the actions, progress, and finances of the VIT. In addition, the Commander shall be responsible for developing team procedures and regulations, and for presenting revisions thereto for Board approval. Except for Des Moines which will contribute two (2), each jurisdiction shall contribute three (3) full-time commissioned officers to be investigators and one (1) command-level liaison to be assigned to the VIT. Board approval must be obtained for a jurisdiction to assign more or less than this staffing requirement. Each agency may also contribute additional personnel to assist with crime scene processing, evidence collection, or similar specialty. From among the participating jurisdictions the Board will approve four (4) first-level supervisors for VIT. The personnel assigned to the VIT shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensation and benefits for the personnel it contributes to the VIT. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. The Board may appoint the finance department of a participating jurisdiction to manage the finances of the VIT. Before appointing the finance department of a particular jurisdiction to manage the finances of the VIT, the Board shall consult with the finance department of the jurisdiction and obtain its approval. The duty of managing the finances of the VIT shall be rotated to other participating jurisdictions at the discretion of the Board. The Board may, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the VIT. The legal advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rendering legal advice. VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 59 X. COMMAND AND CONTROL During field activation of the VIT, an Incident Commander, VIT Commander, and VIT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the VIT Commander, and the VIT Team Leader(s) shall be set forth in the standard operating procedures approved by the Board. The standard operating procedures approved by the board may designate other personnel to be utilized during an incident. XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating VIT members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VIT members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating VIT members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VIT shall, unless otherwise determined by the Board, be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating VIT members. The Board must approve any joint capital expenditure for VIT equipment. XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating VIT members. Any assets acquired with joint funds of the VIT shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VIT shall be determined by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any VIT property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the VIT at the time of dissolution in proportion to the jurisdiction's percentage participation in the VIT as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VIT, but the VIT continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VIT or to share in the proceeds at the time of dissolution. Arbitration pursuant to this section shall occur as follows: VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 4 60 A. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the VIT upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. B. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the VIT without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with VIT actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved In VIT Response. In the event that a jurisdiction or its personnel were not involved in the VIT response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require, indemnification or sharing in the payment of any judgment against any VIT personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 61 C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys' fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making VIT members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51 . G. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of VIT operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 6 62 initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a VIT action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of VIT activities. The lead jurisdiction shall be the jurisdiction within which the VIT response occurred; PROVIDED, that in the event the jurisdiction within which the VIT response occurred did not participate in the VIT response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VIT response originated. In the event that a jurisdiction that was not involved in the VIT response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of this Agreement, and shall use its best efforts to determine the appropriate lead jurisdiction. B. Assistance of the Team Commander. The VIT Commander shall assist the lead jurisdiction in responding to a claim. The VIT Commander shall be responsible for gathering all records relating to the VIT response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the VIT response. The Commander shall also provide a list of personnel who participated in the response and their contact information. The Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. C. Claims of$6,000 or Less. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the VIT response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 7 63 insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability Determination — Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the VIT is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and/or the VIT. In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the VIT response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in the VIT and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the VIT is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and/or the VIT, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; PROVIDED, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. iii. Letter From Insurance Adjusters. In the event a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating jurisdictions with a letter stating the determination and the bases for such determination. D. Claims over $6,000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the VIT to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 8 64 XVI. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of this Agreement. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the VIT to discuss the lawsuit and to determine the appropriate manner within which to respond and/or defend the lawsuit. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XIV of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 9 65 Auburn: Kent: Auburn City Attorney Kent City Attorney 25 West Main Street 220 4`h Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3030 (253) 856-5781 Auburn Police Chief Kent Risk Manager 340 East Main Street, Suite 201 220 4`h Avenue South Auburn, WA 98002 Kent, WA 98032 (253) 931-3080 (253) 856-5285 Auburn Human Resources Kent City Clerk Director/Risk Manager 220 4`h Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5728 (253) 931-3040 Auburn City Clerk Kent Police Chief 25 West Main Street 220 4`h Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3039 (253) 856-5888 Port of Seattle: Federal Way: Port of Seattle Claims Manager Federal Way City Clerk P.O. Box 68727 33325 8`h Avenue South Seattle, WA 98168 Federal Way, WA 98003 Tukwila: Federal Way City Attorney City Clerk 33325 8`h Avenue South City of Tukwila Federal Way, WA 98003 6200 Southcenter Blvd. Tukwila, WA 98188 Des Moines: Renton: Renton Risk Manager 1055 S. Grady Way Renton, WA 98057 WCIA: CIAW: Claims Manager Director of Claims WCIA Canfield &Associates, Inc. P.O. Box 1165 451 Diamond Drive Renton, WA 98057 Ephrata, WA 98823 VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 10 66 XVIII. COMPLIANCE WITH THE LAW The VIT and all its members shall comply with all federal, state, and local laws that apply to the VIT. XIX. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with paragraph XXIII of this Agreement. XX. RECORDS Each jurisdiction shall maintain training records related to the VIT for a minimum of seven (7) years. Records of full team training shall be maintained by the VIT Commander. All records shall be available for full inspection and copying by each participating jurisdiction. XXI. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. XXII. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. XXIII. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this agreement. VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 11 67 Port of Seattle Date Mayor, City of Auburn Date City Clerk, City of Auburn Date City Attorney, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date Mayor, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date City Manager, City of Des Moines Date City Attorney, City of Des Moines Date City Clerk, City of Des Moines Date VIT Draft 07-08-2013 INTERLOCAL AGREEMENT Page 12 68 This page intentionally left blank. 69 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 w^ ° ° Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 8, 2013 TO: Public Safety Committee SUBJECT: School Speed Zone Traffic Safety Camera Update - Information Only Information Only SUMMARY: Acting City Attorney, Pat Fitzpatrick will provide an update on the School Speed Zone Traffic Safety Camera program. EXHIBITS: None Budget Impact: None 70 This page intentionally left blank. 71 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 w^ ° ° Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 8, 2013 TO: Public Safety Committee SUBJECT: School Resource Officer Policy - Information Only Information Only SUMMARY: Chief Ken Thomas will present information regarding the School Resource Officer program and the City's Policy supporting the program. EXHIBITS: None Budget Impact: None 72 This page intentionally left blank. 73 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 8, 2013 TO: Public Safety Committee SUBJECT: Chief of Police Update INFORMATION ONLY SUMMARY: Ken Thomas, the city of Kent Police Chief, will provide an update on current events affecting the police department including: Medical Savings at the Jail — Commander McCuistion and Jill Fuller will present detailed information regarding the attached Exhibit A. 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