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.
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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
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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
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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
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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
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(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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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Exhik4$1
MILESTONE TIMELINE
FFY13 Emergency Management Performance Grant Program
MILESTONE TASK
June 1, 2013 Start of Grant Agreement performance period.
January 31, 2014 Submit reimbursement request#1
(June 1 — December 31, 2013)
April 30, 2014 Submit reimbursement request#2
(January 1 — March 31, 2014)
August 31, 2014 End of grant performance period.
October 15, 2014 Submit final reimbursement request (April 1 — August 31, 2014),
additional reports, and/or deliverables.
DHS-FEMA-EMPG-FFY 13 Page 27 of 32 City of Kent OEM
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49xhibit E
Budget Sheet
FFY13 Emergency Management Performance Grant Program
The award is based on the allocation factor of 17.32% of
13EMPG Allocation Factor the approved local/tribal emergency management
13EMPG GRANTAWARDAMOUNTW$ 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
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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
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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
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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
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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
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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
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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.
Exhibit: None
Budget Impact: None
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