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HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 10/14/2014 1 Public Safety Committee Minutes September 9, 2014 CALL TO ORDER Councilmember Jim Berrios called the meeting to order at 4:31 p.m. COMMITTEE MEMBERS PRESENT: Councilmember Jim Berrios, Council President Dana Ralph and Councilmember Les Thomas. Chances to the Agenda: None Item 1 - Approval of meetinc minutes dated July 8, 2014 Councilmember Thomas MOVED to approve the minutes of July 8, 2014. The motion was SECONDED by Council President Ralph and PASSED 3-0. Item 2 - Kinc County Recional Hazard Mitication Plan Update - Resolution - Recommend Adoption. Dominic Marzano, Emergency Manager for the City of Kent and Division Chief for the Kent Fire Department Regional Fire Authority presented information regarding the King County Regional Hazard Mitigation Plan Update. In 2004 the City of Kent was part of the regional plan that was adopted through King County. During the 2009 revision, Kent prepared its own Mitigation Plan, separate from the King County Plan. The City now is going back to being a regional member and will be included in the King County Plan. The Plan is critical for the City of Kent that provides a compliance component so that the City can apply for grants. This plan is a key component to the Community Rating System that lowers insurance rates for businesses and residents. Although this is in draft form, no revisions are proposed. Council President Ralph MOVED to recommend Council pass a Resolution adopting the King County Regional Hazard Mitigation Plan, including the proposed June 2014, update for application in the City of Kent upon final terms and conditions acceptable to the Kent Office of Emergency Management and the City Attorney and PASSED 3-0. Item 3 -Fireworks Discussion - Information Only. Jon Napier, Division Chief, Arthur "Pat" Fitzpatrick," Acting City Attorney, and Assistant Chief, Derek Kammerzell, presented information regarding fireworks in the City of Kent and neighboring jurisdictions. Additional documentation was presented to the committee detailing 911 calls received by Valley Communications Center on July 4th. A Firework Enforcement 2014 After Action Report was handed out detailing police and fire statistics for July 2nd - July 5th. Chief Napier handed out the Firework and Explosive Devices information sheet prepared by the Washington State Patrol Fire Protection Bureau - Prevention Division. The Committee reviewed and discussed the various reports. Information was presented and discussed regarding Valley Communications report detailing statistics on z neighboring jurisdictions, including jurisdictions with restrictions and bans on fireworks. Chief Napier presented information comparing the State's guidelines to the City of Kent, including the times for sale, use and discharge. The committee discussed planning for 2015 since July 4th falls on a weekend. The committee requested Chief Napier gather information regarding the effect of recent bans in neighboring jurisdictions and how things have changed in those cities since those bans. Pat Fitzpatrick detailed the state law and the guidelines for instituting a ban on fireworks. For 2015, the committee requested the police department compile accurate numbers for their after action report. Item 4. School Zone Traffic Safety Camera Update Chief Ken Thomas and Deputy City Attorney, Arthur "Pat" Fitzpatrick, presented information on the City's School Zone Traffic Safety Camera program. Pat detailed the history of the adoption of the program including how the two schools participating in the program were selected. Pat detailed how and when the cameras operate and how the tickets are processed by the police department and court. Pat advised that the program pays for itself and no officers have been taken off the street to manage this program. All revenues go back into traffic safety programs. Chief Thomas provided information regarding the income and expenses related to the program and why a reserve is maintained in the program fund. Chief Thomas expressed the desire of Kent School District Superintendent, Dr. Vargas, to increase the School Zone Traffic Safety Camera Program in additional Kent Schools. The committee requested updates on the program at each Public Safety Committee meeting. Item S. Police Chief's Update Chief Thomas presented information regarding the current issues and concerns of the police department including: A. Memorandum of Understanding — Center for Children and Youth Justice This MOU details that the City of Kent participates in the data collection portion of the program. B. Staffing Update: Chief Thomas provided information regarding the current state of the Police department. The department is budgeted at 144 Commissioned Officers As of September 9, 2014, the department is down 23 officers (4 out on medical leave, 13 are in training program, 6 vacancies) Chief Thomas expects at least 4 retirements in 2015. The meeting was adjourned at 6:04 p.m. by Councilmember Berrios. Respectfully submitted, Kim Komoto Public Safety Committee Secretary S VPUBLIQPOLIQIFuL II C Sdoty Commlttoo\20144SeptemLer 2014AooORO V,-ons\S,pt,mb,r 9.2014 M nutas.Loc 3 POLICE DEPARTMENT \ � Ken Thomas, Chief of Police v KtNT Phone: 253-856-5800 . . ..... Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 14, 2014 TO: Public Safety Committee SUBJECT: Police Services Agreement- Recommend MOTION: Move to recommend Council authorize the Mayor to sign the Police Services Agreement between the Kent Police Department and the Kent School District for the 2014-2015 school year, with final terms and conditions acceptable to the police chief and city attorney. SUMMARY: The Kent School District ("District") would like to continue to partner with the Kent Police Department ("KPD") for the purpose of filling the position of School Safety Services Director in an effort to gain valuable administrative, command, and community relations experience and also for the opportunity to experience professional growth and development. The District and Department share a compelling common value in seeing that the community enjoys a safe, secure environment for its students and staff. The District will reimburse the Department $40,258.44. Exhibit: Agreement Budget Impact: Income for payment of portion of Commander's salary 4 Police Services Agreement Between the Kent Police Department and the Kent School District 2014 — 2015 THIS AGREEMENT is made and entered into by and between the City of Kent and the Kent Police Department, hereinafter referred to collectively as the "Department," and the Kent School District, hereinafter referred to as the "District." RECITALS The District desires to fill the position of School Safety Services Director with a law enforcement officer who is employed by the Department and holds the rank of Commander or higher, and who can bring valuable experience and provide advice to District safety officers. The Department desires that its senior officers have the opportunity to: (a) partner with a large local school district in the community; (b) gain valuable administrative, command, and community relations experience; and (c) experience unique professional growth and development. The District and Department share a compelling common value in seeing that the community enjoys a safe, secure environment for its students and staff. NOW, THEREFORE, and in consideration of the mutual promises set forth herein, the parties mutually agree as follows: AGREEMENT 1. TERM This Agreement shall be effective from September 1, 2014, through August 31, 2015, subject to any prior termination as provided herein and unless extended by written agreement of the parties. If this Agreement is signed on a date after the commencement of the 2014-2015 school year, the terms of this Agreement shall apply retroactively to the first date services are provided by the City to the District, or September 1, 2014, whichever date is earlier. 2. DUTIES OF THE DEPARTMENT The Department with the District's approval shall provide an officer the rank of Commander or higher to serve as the District's School Safety Services Director, hereafter referred to as "Director," for the purpose of assisting with communication and logistics between the two organizations relating to school safety. Such assistance shall include, but not be limited to: 1 5 a. Provide advice and direction to personnel regarding best practices to help ensure a safe and secure learning environment. b. Respond to school incidents as necessary. C. Periodically review and recommend revisions to the procedures and protocols for school safety. d. Support administrators and staff with school safety inquiries and / or needs for assistance. e. Assist in the development of Kent School District emergency management practices and procedures. f. Assist in the establishment and implementation of emergency operation procedures and threat assessment procedures for buildings. g. Help establish and maintain security procedures focused on prevention of problems in schools and the community. h. Help foster an attitude promoting a safe school environment. i. Present the monthly safety services report to the Board. j. Attend the monthly safety services meeting. The Department shall provide the Director a vehicle, radio communication, cellular phone, uniform, and other necessary equipment provided to the Department's on- duty commanders to enable the Director to perform his/her duties with the District. The District shall provide the use of office space, mobile computer or similar device, and a District email account to the Director. 3. CONSIDERATION In consideration of those services provided under this Agreement, the District shall provide the Director with the unique opportunity to obtain administration and community relations experience. The Director will be considered a part of the Superintendent's Cabinet and the District Leadership Team. The District agrees to reimburse the Department $40,258.44, which shall be paid in twelve (12) monthly installments of $3,354.87 each. These payments shall cover the Director's salary and benefits, which at all times shall be paid by the Department. The District shall pay each monthly installment upon submission by the Department of a monthly invoice to the District's Chief Business Officer. 4. WORK SCHEDULE The Director shall be on duty with the District, as needed, to fulfill the duties 2 6 outlined in Section 2 above. The parties will coordinate the Director's schedule, to the best extent practicable, to ensure the needs of the District and the Department are both adequately fulfilled. S. MODIFICATION No waiver or modification of the Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties, and no evidence of any waiver of modification shall be offered or received in evidence during any proceedings or litigation between the parties unless such waiver or modification is in writing duly executed as aforesaid. The parties further agree that the provisions of this section may not be waived except as herein set forth. 6. TERMINATION OF AGREEMENT This Agreement may be terminated without cause at any time by mutual agreement of the parties or by either party sixty (60) days following the other party's receipt of written intent to terminate. Each party shall have the right to cancel and immediately terminate the Agreement without prior notice upon breach of the Agreement by the other party. In the event of termination under this section, the Department will be entitled to receive, to the date of such termination on a pro-rated basis, the compensation as set forth in Section 3 above. 7. INDEMNIFICATION The parties agree that the District shall bear all responsibility and cost of defending any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages that relate in any way whatsoever to School Safety Services, the security and safety of the District and its students, employees, and visitors, and/or the provisions of any services set forth in Section 2 of this Agreement, and for this purpose, and notwithstanding Section 9 of this Agreement, the Director shall be considered an agent of the District. Further, to this end, the District shall defend, indemnify, and hold harmless the Director, and the Department and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever relating to and arising out of the performance of the Agreement. The District shall not defend, indemnify, or hold the Department harmless from any claims, actions, or suits for injury, damage, or loss of any kind caused by the intentional act(s) of the Director which are beyond the scope of this Agreement. In executing the Agreement, the Department does not assume liability or responsibility for or in any way release the District from any liability or responsibility which arises in whole or in part from the existence or effect of District policies, rules, or regulations. If any cause, claim, suit, action, or administrative 3 7 proceeding is commenced in which the enforceability and/or validity of any such District policy, rule, or regulation is at issue, the District shall defend the same at its sole expense, and if judgment is entered or damages are awarded against the District, the Department, or both, the District shall satisfy the same, including all chargeable costs and attorney's fees. S. MEDICAL/HEALTH AND WORKERS COMPENSATION BENEFITS In the event of any injury, illness, or death of the Director, the Director shall be considered an employee of the Department while acting in performance of this Agreement, and the Department agrees to extend to the Director the medical/health and workers' compensation benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death had occurred during the regular work assignment in and for the Department. 9. DIRECTOR OF SCHOOL SAFETY IS AN EMPLOYEE OF THE DEPARTMENT The Director shall, at all times, be considered an employee of the Department, and shall for no purpose be considered an employee of the District. The District shall have no obligation to provide the Director with any workers' compensation or other benefits, and the salary of the Director shall be paid in full by the Department. 10. VENUE STIPULATION This Agreement shall be construed as having been made and delivered within the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County, Washington. 11. COMPLIANCE WITH LAWS In carrying out the terms of this Agreement, the parties agree to comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to the laws pertaining to civil rights and laws pertaining to the District and Department. In carrying out this Agreement, the parties agree that they will not in any way discriminate against others on the basis of race, color, national origin, sex, age, creed, sexual orientation, marital status, veteran status, or disability. 12. NOTICES All notices shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. 13. HEADINGS 4 8 The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in way do they define, limit, or describe the scope or intent of the provisions of this Agreement. 14. AGREEMENTS OUTSIDE OF THIS AGREEMENT This Agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of them has made any representations with respect to the subject matter of the Agreement except such representation as are specifically set forth herein, and each party acknowledges that it has relied on its own judgment in entering into this Agreement. 15. RATIFICATION All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of this Agreement shall be deemed to have applied. IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Kent School District City of Kent / Kent Police Department Dr. Edward Lee Vargas (Superintendent) Suzette Cooke (Mayor) Date Date 5 9 POLICE DEPARTMENT \ � Ken Thomas, Chief of Police v KtNT Phone: 253-856-5800 . . ..... Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 14, 2014 TO: Public Safety Committee SUBJECT: Interlocal Agreement with Chelan County - Recommend MOTION: Move to recommend Council authorize the Mayor to sign the Interlocal Agreement for Jail Services with Chelan County subject to terms and conditions acceptable to the police chief and city attorney. SUMMARY: Since 2011, the City of Kent has contracted with Chelan County for housing of inmates whenever the Kent correctional facility is nearing capacity. In lieu of constructing additional jail space, the City wishes to continue contracting with Chelan County to house inmates on a contract basis. The City will only pay for the number of beds used, the number of which would be based upon the jail population and available funds. The City anticipates that it will house 10 or fewer inmates at any one time. The cost of housing an inmate in the Chelan County jail is $70.00 per night which compares to the current cost of approximately $100.00 per night to house an inmate in the CKCF. Exhibit: Interlocal Agreement with Chelan County Budget Impact: $70.00 per night, per inmate, on an as-needed basis. 10 INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF KENT, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL JUSTICE CENTER THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on this day of 2014 between the City of Kent, Washington, a Washington municipal corporation, hereinafter referred to as "City", and Chelan County, Washington, hereinafter referred to as "Chelan County", each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, The Chelan County Regional Justice Center ("CCRJC") and the City's Mayor are authorized by law to have charge and custody of the County Jail and City prisoners or inmates, respectively; and WHEREAS, the City wishes to designate the CCRJC as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Chelan County Department of Corrections is desirous of accepting and keeping in its custody such inmate(s) in the CCRJC for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county to contract with any other county or city to perform any governmental service, activity, or undertaking which each contracting county is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended, NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: AGREEMENT: 1 . GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate or inmates confined pursuant to this Agreement. Additionally, this Agreement shall be governed by the laws of the State of Washington, and venue for any lawsuit shall be the Chelan County Superior Court 2. DURATION 11 This Agreement shall enter into full force and effect upon the last date signed below, though the term for which this Agreement's provisions are to apply shall begin to run on January 1 , 2015. Upon its effective date, this Agreement shall continue in effect until terminated by either party upon written notice to the other as provided for in Section 3(a) below, or until the Agreement is subsequently amended by mutual agreement of the parties through a formal amendment to this Agreement. While the parties intend that this Agreement continue until expressly terminated, nothing in this Agreement shall be construed to require the City to house inmates in Chelan County continuously. 3. TERMINATION (a) By Either Party Upon Notice. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall not become effective until sixty (60) calendar days after receipt of such notice, unless the parties mutually agree to an earlier termination date. Within said sixty (60) calendar days, the City agrees to remove its inmate(s) from the CCRJC. (b) By the City due to Lack of Funding. The obligation of the City to pay Chelan County under the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the appropriation and budgeting availability of sufficient funds by the City. In the event that such funds are not budgeted, appropriated, or otherwise made available for the purpose of payment under this Agreement at any time after the current fiscal year, then the City shall have the option of terminating the Agreement immediately upon written notice to Chelan County, except that all services provided to that point shall be compensated at the agreed rate. The City's termination of this Agreement due to lack of funding will not cause any penalty to be charged to the City. (c) Termination for Breach. In the event either party breaches or fails to perform or observe any of the terms or conditions herein, and fails to cure such breach or default within seven (7) business days of the non-breaching party giving the breaching party written notice thereof, or, if not reasonably capable of being cured within such seven (7) business days, within such other period of time as may be reasonable in the circumstances, the non-breaching party may terminate the breaching party's rights under this Agreement in addition to and not in limitation of any other remedy of the non-breaching party at law or in equity, and the failure of the non-breaching party to exercise such right at any time shall not waive the non-breaching party's right to terminate for any future breach or default. (d) Compensation for Services Rendered. In the event of any termination, the City shall compensate Chelan County, in the same manner and at the same rates provided for within this Agreement, for prisoners housed by Chelan County after notice of such termination until the City retakes its inmates. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: Chelan County: Chelan County Regional Justice Center 12 401 Washington St., Level 2 Wenatchee, WA 98801 Primary Contact Person: Curt Lutz, Director Secondary Contact: Kristen Hankins, Business Manager City of Kent: City of Kent Corrections Facility 1230 Central Avenue South Kent, WA 98032 Primary Contact Person: Diane McCuistion, Commander Notices mailed shall be deemed received three (3) calendar days after the date mailed. The parties shall notify each other in writing of any change of address. 5. DEFINITIONS The parties hereby agree that the following terms shall have the specified meanings unless indicated otherwise herein: (a) Day. One (1) prisoner day shall be each day or portion thereof which a prisoner appears in custody on the jail management system. The count shall be conducted by the jail management system and each participating jurisdiction shall be charged for each prisoner who is detained in the CCRJC on a charge and/or conviction from the participating jurisdiction. If the prisoner has a pending charge and/or conviction from more than one (1) jurisdiction, the cost for that prisoner shall be divided proportionately. (b) Inmate Classifications. An inmate shall be classified pursuant to the Chelan County Objective Jail Inmate Classification System which is modeled after the National Institute of Corrections Jail Classification System: (i) "Minimum" classification shall apply to those inmates who present a low risk to staff and the community. (ii) "Medium" classification shall apply to those inmates who present a moderate risk to staff and the community. (iii) "Maximum" classification shall apply to those inmates who present a substantial risk to staff and the community. (c) Business Day. A business day is intended to refer to a normal weekly business day, excluding Saturdays, Sundays, and holidays generally recognized by employees of the City and Chelan County. 6. INMATE HOUSING AND COMPENSATION 13 (a) Housing. Chelan County agrees to accept and house those minimum classification and medium classification inmates selected by the City. Chelan County's ability to accept and house the City's inmates is dependent upon space availability at the CCRJC and subject to Chelan County's ability to refuse to accept any inmate as provided in Section 20 of this Agreement. None of the City's maximum classification inmates will be housed by Chelan County. (a) Rates. Chelan County agrees to accept and house the City's minimum classification and medium classification inmates for compensation at the rate of $70.00 per day, per inmate, plus the cost of any medical services rendered in accordance with Section 12 below. This per day rate includes minimum and medium classification inmates. The parties agree that Chelan County will not charge a separate booking fee in addition to such rate. The date of booking into the CCRJC of the City's inmates, no matter how little time of a twenty-four (24) hour day it constitutes, shall count as one (1) day and shall be billed to the City as a day of custody in Chelan County. (b) Billing and Payment. Chelan County agrees to provide the City with a monthly itemized bill that lists all names of inmates who are housed, the number of days housed in that billing cycle (including the date and time of booking and date and time of release), and the dollar amount due for each inmate. Chelan County agrees to provide said bill by the 10th of each month. The City agrees to make payment to Chelan County within thirty (30) calendar days of receipt of such bill for the amount billed for the previous calendar month. 7. RIGHT OF INSPECTION The City shall have the right to inspect, at all reasonable times, all Chelan County facilities in which inmates of the City are confined in order to determine if such jail maintains standards of confinement acceptable to the City and that such inmates therein are treated equally regardless of race, religion, color, creed, or national origin; provided, however, that Chelan County shall be obligated to manage, maintain, and operate its facilities consistent with all applicable federal, state, and local laws and regulations. 8. FURLOUGHS, PASSES, AND WORK RELEASE Chelan County agrees that no out of custody programs, including furloughs, passes, electronic home detention or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. A City inmate is permitted to participate in Chelan County's work crew program if the inmate qualifies and meets the same criteria Chelan County has established for its inmates. Chelan County agrees to notify the City's programs department and provide a list of participating work crew inmates, the amount of days each inmate worked, and any other information required by the City so the City can update individual inmate release dates. 9. INMATE ACCOUNTS Chelan County shall establish and maintain an account for each inmate received from the City and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in 14 limited amounts as are reasonably necessary for personal maintenance. The Director of the CCRJC shall be accountable to the City for such inmate funds. At either the termination of this Agreement, the inmate's death, release from incarceration, or return to either the City or indefinite release to the court, the inmate's money shall be transferred to either the inmate's account in care of the City, at such time the City shall be accountable to the inmate for said fund, or to the inmate. 10. INMATE PROPERTY The City may transfer to Chelan County only limited amounts of personal property of the City's inmates recovered from or surrendered by inmates to the City upon booking. Personal property in excess of one (1) simple "grocery bag" shall at no time be transferred to Chelan County. 11 . RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Chelan County to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Chelan County, or any of its agents, to provide service, treatment, facilities, or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Nothing herein shall be construed as to require Chelan County to provide services, treatment, facilities, or programs to the City's inmates above, beyond, or in addition to that required by applicable law. 12. MEDICAL SERVICES (a) Inmates shall receive such medical, psychiatric, and dental treatment when emergent and necessary to safeguard their health while housed in the CCRJC. Chelan County shall provide or arrange for the providing of such medical, psychiatric, and dental services. Except for routine minor medical services provided in the CCRJC, the City shall pay directly or reimburse Chelan County for any and all costs associated with the delivery of any emergency and/or major medical service provided to the City's inmates. The City shall be responsible for any and all medical, psychiatric, and dental treatment provided outside of the CCRJC and shall be billed therefore. Examples of medical services which may be provided in the CCRJC but which are not routine, and for which the City shall be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. No psychiatric or dental treatment can be provided in the CCRJC; all psychiatric and dental treatment of the City's inmates shall be billed to the City. (b) An adequate record of all such services shall be kept by Chelan County for the City's review at its request, to the extent consistent with confidentiality regulations. Any medical or dental services of major consequence shall be reported to the City as soon as time permits and whenever possible, before such services are provided. (c) Should medical, psychiatric, or dental services require hospitalization, the City agrees to compensate Chelan County dollar-for-dollar any amount expended or cost incurred in providing the 15 same; provided that, except in emergencies, the City will be notified by contacting the Jail Booking Desk at (253) 856-5975 prior to the inmate's transfer to an outside medical facility or hospital, if and when circumstances allow, or as soon afterward as practicable. 13. DISCIPLINE Chelan County shall have physical control over and power to execute disciplinary authority over all inmates of the City's. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by applicable law. 14. RECORDS AND REPORTS (a) The City shall forward to Chelan County, before or at the time of delivery of each inmate, a copy of all inmate records pertaining to the inmate's present incarceration. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information in a timely manner. (b) Chelan County shall keep all necessary and pertinent records concerning such inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in Chelan County, the City shall upon request be entitled to receive and be furnished with copies of any report or records associated with said inmate(s) incarceration. 15. REMOVAL FROM THE JAIL An inmate of the City's legally confined in Chelan County shall not be removed there from by any person without written authorization from the City or by order of any court having jurisdiction. The City hereby designates the City's jail commander, or his or her designee, as the official authorized to direct Chelan County to remove the City's inmates from the CCRJC. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, psychiatric, dental treatment, or other catastrophic condition presenting an imminent danger to the safety of the inmate or to the inmates or personnel of Chelan County. In the event of any such emergency removal, Chelan County shall inform the City of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of such inmate or inmates. 16. ESCAPES In the event any City inmate escapes from Chelan County's custody, Chelan County will use all reasonable means to recapture the inmate. The escape shall be reported immediately to the City. Chelan County shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable to and borne by Chelan County; however, Chelan County shall not be required to expend unreasonable amounts to pursue and return inmates from other counties, states, or countries. 17. DEATH OF AN INMATE 16 (a) In the event of the death of a City inmate, the Chelan County Coroner shall be notified. The City shall receive copies of any records made at or in connection with such notification. (b) Chelan County shall immediately notify the City of the death of a City inmate, furnish information as requested, and follow the instructions of the City with regard to the disposition of the body. In the case of an unattended death, suspicious death, or criminal case, the Chelan County Coroner has authority over the deceased and will coordinate with local law enforcement to finish the investigation prior to the release of the deceased inmate. The City hereby designates the then- assigned jail commander, or his or her designee, as the official authorized to request information from and provide instructions to Chelan County regarding deceased inmates. The body shall not be released except on written order of said appropriate official of the City. Written notice shall be provided within three (3) business days of receipt by the City of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by the City. With the City's consent, Chelan County may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by the City. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other persons for the disposition of the deceased or for any expenses connected therewith. (c) The City shall receive a certified copy of the death certificate for any of its inmates who have died while in Chelan County's custody. 18. RETAKING OF INMATES Upon request from Chelan County, the City shall, at its expense, retake any City inmate within thirty-six (36) hours after receipt of such request. In the event the confinement of any City inmate is terminated for any reason, the City shall, at its expense, retake such inmate at the CCRJC Facility. 19. HOLD HARMLESS AND INDEMNIFICATION Chelan County agrees to hold harmless, indemnify, and defend the City, its officers, agents, and employees, from and against any and all claims, losses, or liability, for injuries, sickness, or death of persons, or damage to property, including but not limited to those arising out of any willful misconduct or negligent act, error, or omission of Chelan County, its officers, agents, or employees, in connection with the services required by the Agreement, provided, however, that: (a) Chelan County's obligations to indemnify, defend, and hold harmless shall not extend to injuries, sickness, death, or damage caused by or resulting from the sole willful misconduct or negligence of the City, its officers, agents, or employees or sub-consultants; and (b) Chelan County's obligations to indemnify, defend, and hold harmless for injuries, sickness, death, or damage caused by or resulting from the concurrent negligence or willful misconduct of the Chelan County and the City or of Chelan County and a third party other than an officer, agent, or employee of Chelan County, shall apply only to the extent of the negligence or willful misconduct of Chelan County. 20. RIGHT OF REFUSAL AND TRANSPORTATION 17 (a) Chelan County shall have the right to refuse to accept any inmate from the City when, in the opinion of Chelan County, its inmate census is at capacity and there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. (b) Chelan County shall further have the right to refuse to accept any inmate from the City who, in the judgment of Chelan County, has a current illness or injury which may adversely affect the operations of the CCRJC, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property, or is classified as a maximum security inmate pursuant to Chelan County's Objective Jail Classification System. The inmate should be an inmate who has already been sentenced by the jurisdiction, and should not be on pre-trial status. (c) City prisoners incarcerated in Chelan County pursuant to this Agreement shall be transported to Chelan County at the expense of Chelan County and shall be returned, if necessary, to the City by Chelan County personnel at the expense of Chelan County, provided that notice of the necessity of transport is received by Chelan County three (3) business days prior to the time of the expected transport. The City hereby designates its assigned jail commander, or his or her designee, as the official authorized to notify Chelan County of the dates for transport and the specific inmates to be transported. 21 . INDEPENDENT CONTRACTOR In providing services under this contract, Chelan County is an independent contractor and neither it nor its officers, agents, or employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule, or regulation. 22. GENERAL PROVISIONS (a) Severability. In the event any provision of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provision shall be enforced and valid to the extent permitted by law. All provisions of this Agreement are severable and unenforceability or invalidity of a single provision herein shall not affect the remaining provisions. (b) Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or brining such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by Law; provided, however, nothing in this paragraph shall be construed to limit the parties' rights to any indemnification required under Section 19 of this Agreement. (c) Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement by the other party must be in writing and shall not operate nor be construed as a waiver of any subsequent breach by such other party. 18 (d) Savings Clause. Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation, or ordinance, the latter shall prevail but in such event, the provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within legal requirements. (e) Ratification and Retroactive Application. Any act consistent with the authority and prior to the effective date of this Agreement is ratified and affirmed by the parties. If this Agreement is fully executed after the commencement of the term provided for in Section 2 above, the terms of this Agreement shall apply retroactively to the start of this Agreement's intended term. (f) Filing. This Agreement shall be filed with the Chelan County Auditor's Office pursuant to RCW 39.34.040. 23. INTERPRETATION This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to it being drafted by any party or its counsel. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter gender. 24. ACCESS TO RECORDS CLAUSE The parties hereby agree that authorized representatives of the parties shall have access to any books, documents, paper, and record of the other party that are pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. All such records and all other records pertinent to this Agreement, and work undertaken pursuant to this Agreement shall be retained by the parties for a period of three (3) years after the final expiration date of this Agreement or any amendments hereto, unless a longer period is required to resolve audit, findings, or litigation. In such cases, the parties may expressly agree by an amendment or separate agreement for such longer period for record retention. 25. ENTIRE AGREEMENT This Agreement represents the entire integrated Agreement between the City and Chelan County and supercedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made affective on the day and year first above written. CITY OF KENT, WA BOARD OF CHELAN COUNTY COMMISSIONERS By: Suzette Cooke, City of Kent Mayor Doug England, Chair 19 ATTEST: Ron Walter, Commissioner City Clerk Keith Goehner, Commissioner ATTEST: DATED: Carlye Baity Clerk of the Board DATED: Approved as to Form: City of Kent Assistant City Attorney Curt Lutz, Director Chelan County Regional Justice Center Approved as to Form: Doug Shae, Chelan County Prosecutor 20 zi POLICE DEPARTMENT Ken Thomas, Chief of Police �T Phone: 253-856-5800 ......... Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 14, 2014 TO: Public Safety Committee SUBJECT: WTSC MOU - Target Zero Traffic Safety Grant - Recommend MOTION: Move to recommend Council authorize the Mayor to accept and sign the Target Zero law enforcement grant to fund DUI, seatbelt, and distracted driving patrols in Kent, create the budget, and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the police chief and city attorney. SUMMARY: The grant funds are awarded to Kent for DUI, distracted driving, and seatbelt enforcement patrols from October 1, 2014 - September 30, 2015 as coordinated by the South King County Target Zero Manager. This grant is funded by the Washington Traffic Safety Commission as part of Target Zero - to achieve "0" serious injuries and fatalities on Washington roadways by 2030. Kent is awarded $17,200 for impaired driving patrols, $1,500 for seatbelt enforcement, and $3,000 for distracted driving patrols. Exhibit: Grant award notification and Memorandum of Understanding from the Washington Traffic Safety Commission Budget Impact: No city match is required zz �E 6 nng?o i E ' s MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Kent Police Department (Agency) and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE), traffic safety emphasis patrols (as outlined in Addendum A), and Target Zero Team patrols in support of Target Zero priorities. The Target Zero Manager and Law Enforcement Liaison assigned to your county shall coordinate the Scope of Work as outlined below: TERM: October 1, 2014 - September 30, 2016 AMOUNTS Impaired Driving Funding: $_17,200,00 CFDA# 20.600 Seat Iliitellt Il::rurndiing: $.............1,500„00....................................................... CII::1::)A # 20„616 and 20„600 Distracted Driving Funding: $®3,000,00 CFDA#20.600 These funds shall not be commingled and are only to be utilized for the specific emphasis area. SWV 0000662-00 (Agency) Statewide Vendor Number IT IS, THEREFORE, MUTUALLY AGREED THAT: 1 . GOAL: To reduce traffic related deaths and serious injuries through aggressive impaired driving, occupant protection, and distracted driving multijurisdictional HVE patrols. 2. SCOPE OF WORK: Impaired Driving: Agency will engage in multijurisdictional HVE patrols for both campaigns, as part of the national effort, for some or all of the following dates: Updated: September 15, 2014 Page 1 of 10 23 Holiday DUI Patrols; November 26, 2014 — January 1 , 2015 Drive Sober or Get Pulled Over Labor Day DUI Crackdown; August 21 — September 7, 2015. These DUI and Target Zero Team patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Officers may also work on the Home Safe Bar program with approval of the county Target Zero Manager or the law enforcement liaison to the task force. Funding may also be used for Party Intervention Patrols, with approval from the Washington Traffic Safety Commission. Funds permitting, the local Task Force may coordinate additional HVE DUI patrols. Dates of local patrols will be reported to the WTSC on a quarterly basis by the county Target Zero Manager. Only work done on Task Force/TZM pre-approved dates will be considered for reimbursement. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the DUI patrols. Seat Belts: Agency will engage in multijurisdictional HVE seat belt-focused patrols on some or all of the following dates as part of the national effort: Click it or Ticket - May 11 — May 25, 2015 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the lowest seat belt use. Agency agrees to take a zero tolerance approach to seat belt and child car seat violations. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the seat belt patrols. Funds permitting (not guaranteed), the local Task Force may coordinate HVE seat belt patrols from January 1 — September 30, 2015. Dates of local patrols will be reported in advance to the WTSC on a quarterly basis by the county Target Zero Manager. Only work done on Task Force/TZM pre-approved dates will be considered for reimbursement. Updated: September 15, 2014 Page 2 of 10 24 Distracted Driving Agency may engage in multijurisdictional HVE distracted driving-focused patrols, as part the national effort, on some or all of the following dates: U Drive. U Text. U Pay —April 1-14, 2015 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the highest occurrences of distracted driving. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the distracted driving patrols. Funds permitting (not guaranteed), the local Task Force may coordinate additional HVE distracted driving patrols from January 1 — September 30, 2015. Dates of local patrols will be reported to the WTSC on a quarterly basis by the county Target Zero Manager. Only work done on Task Force/TZM pre-approved dates will be considered for reimbursement. 3. CONDITIONS: For each of the emphasis patrols listed above, Multiiurisdictional High Visibility Enforcement Protocols, as outlined in Addendum A of this document will be followed. These protocols are incorporated in their entirety to this document by reference. Exceptions to these protocols may only be provided by the WTSC Program Director. These are enforcement activities intended to apprehend impaired drivers, distracted drivers, and unbuckled vehicle occupants. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at contact unless circumstances dictate otherwise. Standardized Field Sobriety Testing (SFST) Training Requirement Agency certifies that all officers participating in these patrols are SFST trained. To meet this requirement: • 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), or • Officer must be a certified Drug Recognition Expert. Media Contacts: Updated: September 15, 2014 Page 3 of 10 25 All of these patrols are conducted as part of a highly publicized, statewide effort. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, Agency must provide the names of at least two agency officers who can be available for media requests and questions. *At least one of the individuals listed below must be available for weekend media contacts, beginning at noon on Fridays before mobilizations: Robert Constant, Sergeant Melanie Frazier, Detective Name/Title Name/Title 253-856-5882rconstant(dkentwa.gov 253-856-5912 mfrazier(dkentwa.gov Office Phone & e-mail Office Phone & e-mail 253-606-4277 253-326-1923 Cell Phone Cell Phone x Available weekends per above?* X Available weekends per above?* 4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law enforcement with appropriate equipment (vehicle, radar, PBTs etc.) to participate in these emphasis patrols. WTSC will reimburse for overtime at 1 .5 times officer's normal rate plus Agency's contributions to employee benefits including FICA, Medicare, Worker's Compensation and unemployment. For DUI patrols jail booking costs (booking fee plus daily rate) that result from a law enforcement officer from one jurisdiction making an arrest while on DUI patrol in another jurisdiction will be considered for reimbursement with approval of the Target Zero Manager. 5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than eight hours. (WTSC understands there may be instances when more than eight hours are billed because of DUI processing, etc.) 6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom reimbursement is claimed has exceeded his/her normal monthly working hours when participating in this emphasis patrol and is authorized to be paid the amount requested. Agency understands that reserve officers are not eligible for overtime for this project. 7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing Agency has received prior approval from their local Target Zero Manager. 8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits. The total cost of overtime and benefits shall not be exceeded in any one campaign area and funds may not be commingled between campaign areas. Updated: September 15, 2014 Page 4 of 10 26 Upon agreement by the Agency and the local Target Zero Manager, the DUI or Occupant Protection allocation may be increased or decreased without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original agreed amount for the specific emphasis area. Any increase in allocation exceeding 50% will require an amendment to this document. 9. PERFORMANCE STANDARDS: a. Participating law enforcement officers are required to make a minimum of 3 self-initiated contacts per hour of enforcement. b. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. c. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (Al9 Form). 1) Agency identified as the "Claimant' 2) Statewide Vendor Number 3) A Federal Tax ID # 4) Original signature of the agency head, command officer or contracting officer, and 5) Other information denoted by arrows on the form. b. Payroll support documents (signed overtime slips, payroll documents, etc.). c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour. Emphasis Patrol Activity Logs cannot be modified. Payment cannot be made unless these activity logs are included. The Invoice Voucher (A19 Form), payroll supporting documents, and Emphasis Patrol Activity Logs shall be submitted to your Target Zero Manager for review and approval. The Target Zero Manager will forward these documents to WTSC for processing and payment. 11 . DEADLINES FOR CLAIMS All claims must be approved by your Target Zero Manager, please allow adequate time for processing in order to meet the following deadlines: a. First Deadline: All claims for reimbursement for emphasis conducted from October 1 , to June 30, must be received by WTSC no later than August 15, 2015. Updated: September 15, 2014 Page 5 of 10 27 b. Second Deadline: All claims for reimbursement for emphasis conducted between July 1 and September 30 must be received by WTSC no later than November 15, 2015. Invoices submitted for reimbursement after the above dates, will not be paid. WTSC will NOT accept faxed invoices. 12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from Agency, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. 13. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Agency Signature WTSC Signature Printed Name Printed Name (Date) (Date) Agency Address (where fully executed copy of this document will be mailed): Street City, State Zip Attn: Updated: September 15, 2014 Page 6 of 10 28 Please return this signed MOU (No later than October 24, 2014) to your Target Zero Manager: John Pagel Kent Police Department 220 4th Avenue South Kent, WA 98032 Target Zero Manager will forward this signed document to: Angie Ward, WTSC 621 — 8th Avenue SW, Suite 409 PO Box 40944 Olympia, WA 98504-0944 360.725.9888 No later than October 31 , 214 Updated: September 15, 2014 Page 7 of 10 29 Addendum A Multilurisdictional High-Visibility Enforcement Protocols Purpose This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law enforcement agencies in coordinating multijurisdictional high visibility enforcement (HVE) mobilizations to address impaired driving, distracted driving, and seat belt use. These mobilizations are funded by federal highway safety grants. Goal The goal of multijurisdictional high-visibility campaigns is to reduce fatal and serious injury collisions through the coordination of: • Publicity addressing increased enforcement, and • Increased contacts and arrests of violators. Method Funding from the Washington Traffic Safety Commission (WTSC) will support multijurisdictional HVE patrol activities to increase the number of officers working on impaired driving, distracted driving, and occupant protection enforcement. Public education and media will be coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement activity will support the media effort by demonstrating to the public that the media messages are true; i.e., that "extra enforcement patrols (with a particular focus) are going on now" so that the public takes the media messages seriously. The media work will support the police effort by encouraging voluntary compliance with the law. The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising the awareness of increased enforcement. Definitions: • HVE is enforcement of the law in conjunction with publicity that draws the attention of the public to the enforcement activity. • Multijurisdictional enforcement is defined as a minimum of three law enforcement agencies (LEA's) or patrol units participating at a designated date and time, enforcing a specific activity, in a location determined by the local Target Zero Task Force. Updated: September 15, 2014 Page 8 of 10 30 Responsibilities WTSC: • Provide Funding. • Provide state/local traffic fatality and serious injury data. • Coordinate paid media at the state level for statewide and local mobilizations (when possible). • Lead news media efforts for: o Holiday DUI o Click It or Ticket o U Drive. U Text. U Pay o Drive Sober or Get Pulled Over • Summarize statewide enforcement activity. • Report results to the National Highway Traffic Safety Administration. Target Zero Manager and Law Enforcement Liaison: • Lead the development of Multijurisdictional High Visibility Enforcement Mobilization Plans. • Report any plans for local DUI, seat belt, or distracted mobilizations to the WTSC on quarterly basis: Plans Due: For local patrols planned for: October 31 , 2014 January — March, 2015 January 30, 2015 April — June, 2015 April 30, 2015 July — September, 2015 'One yearly plan for local mobilizations may be submitted on October 31 in lieu of three quarterly plans. • Coordinate mobilization briefings. • Lead news media and community outreach efforts for local mobilizations. • Review and approve all MOUs, invoices, and other documentation before submission to WTSC. This includes follow-up on incomplete invoicing paperwork and Emphasis Patrol Activity Logs with unexplained low contacts. • Report local mobilization enforcement totals (by agency and task force) to WTSC within two weeks of mobilization end date. Law Enforcement Agencies: • Send a representative to local task force meetings to plan mobilization locations and exact dates. • Ensure availability of agency media contact, noted on page 3 of this agreement, prior to and during all mobilization dates. Updated: September 15, 2014 Page 9 of 10 31 • Provide commissioned police officer(s) (active or paid reserve) with appropriate equipment (vehicle, radar, etc.) to participate in multijurisdictional HVE patrols. • Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to enforce the impaired driving laws as outlined on page 2, section 3 of this agreement. • Require all officers participating in multijurisdictional HVE patrols to attend mobilization briefings. • Ensure officers working the overtime conduct a minimum of three (3) self-initiated contacts per hour. This is an enforcement activity that is intended to apprehend violators. It is expected that a Notice of Infraction/Citation (NOI/C) will be issued at contact unless circumstances dictate otherwise. It is understood that violator contacts may result in related, time-consuming activity. Such activity will be considered for reimbursement. Activity other than that initiated through HVE patrol contact(investigating collisions, emergency responses, etc.) will be the responsibility of the contracting agency and may not be considered for reimbursement. • Require officers to complete and submit multijurisdictional HVE patrol productivity on WTSC Emphasis Patrol Activity Log. Agency Signature Date Updated: September 15, 2014 Page 10 of 10 32 33 POLICE DEPARTMENT \ � Ken Thomas, Chief of Police v KtNT Phone: 253-856-5800 . . ..... Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 14, 2014 TO: Public Safety Committee SUBJECT: SAMHSA Drug Free Communities Grant - Recommend MOTION: Move to recommend Council authorize the Mayor to accept and sign the Drug Free Communities Support Program Grant from the Substance Abuse and Mental Health Services Administration in the amount of $107,815 subject to the grant terms and conditions acceptable to the police chief and city attorney. SUMMARY: The City has been awarded this competitive federal Drug Free Communities Grant by the Department of Health and Human Services and the Office of National Drug Control Policy. This is a five year grant funded separately each year. Kent has been awarded $107,815 for the Federal fiscal year of September 30, 2014 through September 29, 2015. This grant project requires a 100% match which the City will achieve mostly through salaries and benefits of staff who work on the grant project. The grant funds will be used for drug and alcohol prevention activities identified by the Kent Drug Free Coalition, Kent Police youth board projects, including the Game of Life youth conference. Exhibit: Notice of Award Budget Impact: Matching funds achieved through the payment of salaries and benefits. Notice of Award 34 Drug Free Communities Support Program Issue Date: 09/19/2014 Department of Health and Human Services 14� Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention Grant Number: 2H79SP02 041 9-06 FAIN: SP020419 Program Director: Stacy Judd Project Title: DFC Grantee Address Business Address CITY OF KENT Kenneth Thomas Stacy Judd Chief of Police City of Kent Kent Police Department 220 4th Avenue South 220 4th Avenue South Kent, WA 980325895 Kent, WA 980325895 Budget Period: 09/30/2014—09/29/2015 Project Period: 09/30/2014—09/29/2019 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $107,815 (see "Award Calculation" in Section I and "Terms and Conditions" in Section III) to CITY OF KENT 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 35 SECTION I—AWARD DATA—2H79SP020419-06 Award Calculation (U.S. Dollars) Salaries and Wages $3,960 Fringe Benefits $483 Personnel Costs (Subtotal) $4,443 Patient Care (Inpatient) $19,355 Consortium/Contractual Cost $55,270 Travel Costs $19,878 Other $8,869 Direct Cost $107,815 Approved Budget $215,630 Federal Share $107,815 Non-Federal Share $107,815 Cumulative Prior Awards for this Budget Period $0 AMOUNT OF THIS ACTION (FEDERAL SHARE) $107,815 SUMMARY TOTALS FOR ALL YEARS YR I AMOUNT 6 $107,815 7 $125,000 8 $125,000 9 $125,000 10 $125,000 *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: 14SP20419A Fiscal Year: 2014 IC CAN Amount SP C96R655 $107,815 IC CAN 2014 2015 2016 2017 2018 SP C96R655 $107,815 1 $125,000 1 $125,000 $125,000 $125,000 SP Administrative Data: PCC: DFC/OC: 4145 SECTION 11 —PAYMENT/HOTLINE INFORMATION—2H79SP020419-06 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, MID 20852, Help Desk Support—Telephone Number: 1-877-614-5533. Page-2 36 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—2H79SP020419-06 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 Conditions—2H79SP020419-06 REMARKS: The Division of Grants Management, SAMHSA is currently conducting a review of your organization's financial management system. If the review discloses material weaknesses or other financial management concerns, grant funding may be restricted in accordance with 45 CFR 74.14 or 45 CFR 92.12, as applicable. The restriction will affect the draw-down of funds from your organization's Payment Management System, all draw-downs will require the prior approval of the applicable Grants Management Specialist and Government Project Officer. PROGRAM OVERVIEW The Drug-Free Communities (DFC) Support Program is a collaborative effort between the Office of National Drug Control Policy (ONDCP) and the Substance Abuse and Mental Health Services Administration (SAMHSA). ONDCP issues grant awards to community coalitions through an interagency agreement with SAMHSA. According to the Drug-Free Communities Act of 1997, the purpose of DFC funding is to address two major goals: 1) establish and strengthen collaboration among communities, public and private non-profit agencies, and Federal, State, local and Tribal governments to support the efforts of community coalitions, and 2) reduce substance use among youth and, over time, among adults. While responsibility rests with the grantee for achieving the primary goals of the program, SAMHSA shall monitor and provide continuing technical assistance, consultation, and coordination in the execution of the project during the funding period. You can find additional details about the support available to you as a grantee on the program's website at http://www.wh ite ho use.gov/ondcp/Drug-Free-Communities-Support-Prop ram. In addition to these Terms and Conditions and the applicable statutes and regulations, grantees are bound by the HHS Grants Policy Statement, which can be accessed at http://beta.samhsa.gov/grants/grants-management/policies-regulations, and all requirements in the Request for Applications (RFA) for the FY 2014 Drug-Free Communities (DFC) Support Program available at http://beta.samhsa.gov/grants/grant-announcements/sp-14-002. Page-3 37 TERMS AND CONDITIONS OF AWARD Failure to comply with the Terms and Conditions of the award may result in financial drawdown restrictions on your Payment Management System account or denial of funding in the future as outlined in the following section. Sub-recipients and contractors under grants are subject to the requirements of the cost principles otherwise applicable to their type of organization and to any requirements placed on them by the recipient to be able to comply with the Terms and Conditions of the award. Please refer to the HHS Grants Policy Statement available at http://www.hhs.gov/asfr/ogapa/aboutog/hhsgpsl07.pdf for detailed information. PROGRESSIVE DISCIPLINE AND APPEALS PROCESS If for any reason you do not comply with the applicable terms, conditions, rules and regulations for the DFC Program, your grant will be subject to the Progressive Discipline and Appeals Process developed by ONDCP and SAMHSA. There are three progressive discipline actions that can be taken: 1) High Risk status, 2) Suspension, and 3)Termination. Failure to comply with special Terms and Conditions may also result in a financial drawdown restriction on your Payment Management System account or denial of funding in the future. An overview of this plan and the complete explanation and procedures are posted on the Drug- Free Communities Support Program website at http://www.whitehouse.gov/ondcp/Drug-Free- Communities-Support- Program. ROLES AND RESPONSIBILITIES OF THE GRANTEE For the purposes of the DFC Program, a "grantee" is either a coalition that has received a grant or is an outside agent that is serving as the grantee on behalf of a community coalition. The following Statutory Eligibility Requirements must be met each year while the coalition is funded by the DFC Program. Failure to meet one of these requirements is considered non-compliance with grant regulations (see Progressive Discipline and Appeals Process). Statutory Eligibility Requirements for DFC-funded coalitions (if you are the grantee for a separate coalition, you are still responsible for ensuring all eligibility criteria are met by the coalition): -The coalition must have at least one representative from the required 12 sectors, as outlined in the RFA and the Drug-Free Communities Act of 1997, -The coalition must maintain meeting minutes that demonstrates it is a unique entity that has substantial involvement from its members and is working toward the goals of the DFC Program, -The coalition must address multiple (more than one) drugs in its 12-Month Action Plan for each year of funding, -The coalition must have as its principal mission the reduction of youth substance use, -The coalition has not received 10 years of DFC funding, and -The coalition must capture and provide specific data as required by the DFC National Evaluation team. Statutory Eligibility Requirements for all DFC Grantees (coalitions or outside agents): The grantee must be an entity eligible to receive Federal funds, -The grantee must not request more than $125,000 per year, -The grantee must document the level of non-Federal match defined in the DFC Act, and -The grantee can only be awarded one DFC Grant at a time. Other Requirements for all DFC Grantees (coalitions or outside agents): The grantee must continue implementing the specific goals and objectives outlined in their approved application for DFC funding. The grantee must develop a funding plan that ensures (1) the required match of requested Federal funds and (2) solicitation of substantial financial support from non-Federal sources for sustainability purposes. Page-4 38 -The lead paid staff (Program/Project Director) of the DFC-funded coalition must participate in The DFC Workstation (http://www.drugfreecommunities.org), so that he/she receives information from ONDCP DFC Staff on a timely basis (see Special Term#7 below for more details). -The grantee must use the Strategic Prevention Framework(SPF), a five step evidence based process for community planning and decision making. -The grantee must plan and implement the appropriate environmental strategies as part of their comprehensive 12-Month Action Plan. Requirements for Grantees in Year 3 and 7: The coalition must submit via email a Sustainability Plan to the Government Project Officer (GPO) within 60 days of the start of years 3 and 7 of DFC funding. The GPO will review and provide the coalition with feedback on their plan. RESTRICTIONS ON GRANTEE LOBBYING (c) Title 18 > Part I > Chapter 93 > Section 1913: No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation, but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his/her request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute as a violation of section 1352 (a) of title 31. SPECIAL TERMS OF AWARD 1. The grantee must receive and expend non-Federal matching funds as required in the Request for Applications (RFA) and the Drug-Free Communities Act. In-kind support (i.e., donations, volunteer time, etc.) may also be used to satisfy the match requirement. 2. The grantee must comply with the DFC National Evaluation requirements. ONDCP requires all grantees to collect core measures data specific to the geographic area designated in the approved application. The core measures data collection size must be sufficient to provide an accurate and meaningful statistical representation of the people being surveyed in each of the geographical areas served by the coalition. Data for the following four core measures must be collected and reported every two years on alcohol, tobacco, marijuana, and prescription drugs for three grades (6th-12th) with a recommended combination of at least one middle school grade and at least one high school grade: 1.Past 30-day use 2.Perception of risk or harm 3.Perception of parental disapproval of use 4.Perception of peer disapproval of use The grantee is responsible for providing these core measures data every two years on or before the deadline established for each reporting period as highlighted on the program website at http://www.wh ite ho use.gov/ondcp/i nfo rmatio n-for-current-grantees. Page-5 39 Failure to meet established deadlines could result in the GPO placing the grantee on High-Risk status, which could lead to an eventual suspension or termination of the grant for failure to comply with reporting requirements. ONDCP reserves the right to change measures for effective and meaningful evaluation of the program. 3. When requested, the grantee must develop a Corrective Action Plan and complete the approved plan within the designated timeframe designated by the GPO. The Corrective Action Plan must be designed to address identified deficiencies in performance and/or in the conditions contributing or causing the identified unsatisfactory performance. 4. Grantees are required to adhere to all the sections of the Roles and Responsibilities of Grantees as outlined in earlier sections of the Notice of Award (NoA). 5. The grantee must continue to meet the Statutory Eligibility Requirements, as required by the original Request for Applications and the Drug-Free Communities Act during each year of funding. 6. Requests to carryover funds from one fiscal year to another are due to the GMO by the first Monday in February. All such requests must include a copy of the coalition meeting minutes showing coalition approval of the request. 7. The lead paid staff (Program/Project Director) of the DFC-funded coalition must participate in The DFC Workstation(http://www.drugfreecommunities.org), so that he/she receives information from ONDCP DFC Staff on a regular basis. This includes submitting the lead paid staff's contact information, as well as the contact information of one member from each of the required 12 sectors. The lead paid staff should discuss the use of The DFC Workstation with sector members chosen to represent each sector, so that they understand their role in distribution of information sent to them. Information sent to specific sectors will always be sent to the lead paid staff. The lead paid staff must participate in the quarterly update of contact information in The DFC Workstation. Lead paid staff will receive an email from The DFC Workstation indicating the update needs to be completed and the deadline for doing so. 8. The DUNS number grantees use on their application must be registered and active in the System for Award Management (SAM) which can be accessed at https://www.sam.gov. Grantees must update their SAM information at least every 12 months to maintain an active account. STANDARD TERMS OF AWARD 1. As required by the Federal Funding Accountability and Transparency Act of 2006, this new award is subject to the subaward and executive compensation reporting requirement of 2 CFR Part 170. Although the full text of this regulation is attached, you may access the language online at http://www.samhsa.gov/grants/subaward.aspx . The following SAMHSA Term of Award is applicable to all (Type 1) new SAMHSA grants which start on or after Oct. 1, 2010. At this time, Type 2s (competing renewals) and Type 3s (competing supplements) are not included, but may be subject to this requirement in the future: Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Page-6 40 Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov . ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- i. the total Federal funding authorized to date under this award is$25,000 or more, ii. in the preceding fiscal year, you received- (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:/A,vww.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile, you must access the System for Award Management (SAM) at: https://www.sam.gov/portal/public/SAM/. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if- Page-7 41 i. in the subrecipient's preceding fiscal year, the subrecipient received- (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards), and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under$300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe, ii. A foreign public entity, iii. A domestic or foreign nonprofit organization, iv. A domestic or foreign for-profit organization, v. A Federal agency, but only as a subrecipient under an award or subaward to a non- Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 11.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). Page-8 42 iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award, and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 2. The Division of Grants Management created a Public Assistance (P) Account in the Division of Payment Management's (DPM) Payment Management System to provide a separate accounting of federal funds per SAMHSA grant. When discussing your account with the DPM's Account Representative, provide the document number identified on Page 2 of the Notice of Award under Section I - AWARD DATA, Fiscal Information. 3. As the grantee organization, you acknowledge acceptance of the grant Terms and Conditions by drawing down or otherwise obtaining funds from the Payment Management System. In doing so, your organization must ensure that you exercise prudent stewardship over Federal funds and that all costs are allowable, allocable and reasonable. 4. The Department of Health and Human Services' (HHS), Office of General Counsel (OGC) has provided guidance on how the lobbying restrictions in the Fiscal Year 2012 Consolidated Appropriations Act (CAA, 2012) will affect HHS programs. Section 503 of the Labor, HHS, and Education Appropriation Act (Division F of the CAA, 2012) is the most comprehensive provision focused on lobbying restrictions. Recent changes to this section may have implications for SAMHSA and its grantees. Language provided by OGC, below provides specific guidance on: agency actions, grantee lobbying, tax increases and other restrictions on legal consumer products, and clarification of Internal Revenue Code provisions. Section 503 - Agency Actions a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or Page-9 43 any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. Section 503(b) - Grantee and Contractor Lobbying b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government. The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 5. Grant funds cannot be used to supplant current funding of existing activities. Under the HHS Grants Policy Directives, 1.02 General-Definition: Supplant is to replace funding of a recipient's existing program with funds from a Federal grant. 6. The recommended future support as indicated on the NoA reflects total costs (direct plus indirect). Funding is subject to the availability of Federal funds, the demonstration of matching funds, and acceptable documentation of the progress of the grant. 7. Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 CFR 2) are applicable to any information about alcohol and other drug abuse patients obtained by a program (42 CFR 2.11) if the program is Federally-assisted in any manner (42 CFR 2.12b). Accordingly, all project patient records are confidential and may be disclosed and used only in accordance with (42 CFR 2). The grantee is responsible for assuring compliance with these regulations and principles, including responsibility for assuring the security and confidentiality of all electronically transmitted patient material. 8. Accounting Records and Disclosure: Awardees and sub-recipients must maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to grant or sub-grant awards matching funds and in-kind support, and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. The awardee, and all its sub-recipients, should expect that SAMHSA, or its designee, may conduct a financial compliance audit and on- site program review of grants with significant amounts of Federal funding. Please reference the Reporting Requirements section for Audit Requirements. 9. Per (45 CFR 74.36 and 45 CFR 92.34) and the HHS Grants Policy Statement, any copyrighted or copyrightable works developed under this cooperative agreement/grant shall be subject to a royalty-free, non-exclusive and irrevocable license to the government to reproduce, publish, or otherwise use them and to authorize others to do so for Federal government purposes. Income earned from any copyrightable work developed under this grant must be used as program income. 10. A notice in response to the President's Welfare-to-Work Initiative was published in the Federal Register on May 16, 1997. This initiative is designed to facilitate and encourage grantees and their sub-recipients to hire welfare recipients and to provide additional needed training and/or mentoring as needed. The text of the notice is available electronically on the OMB home page at http:/A,vww.whitehouse.gov/omb/fedreg/omb-not.html. Page-10 44 11. Program income accrued under the award must be accounted for in accordance with (45 CFR 74.24) or (45 CFR 92.25) as applicable. Program income must be reported on the Federal Financial Report, Standard Form 425. Program income accrued under this award may be used in accordance with the additional costs alternative described in (45 CFR 74.24(b)(1)) or (45 CFR 92.25(g)(2)) as applicable. Program income must be used to further the grant objectives and shall only be used for allowable costs as set forth in the applicable OMB Circulars A-102 (Grants and Cooperative Agreements with State and Local Governments) and A-110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations). Any other use of program income (such as to meet match requirements) must have prior approval from the Division of Grants Management. 12 Actions that require prior approval must be submitted in writing to the GMO and copy the GPO. The request must bear the signature of the authorized business official of the grantee organization as well as the project director. Approval of the request may only be granted by the GMO and will be in writing. No other written or oral approval should be accepted and will not be binding on SAMHSA. Post-award requirements and instructions may be found at http:/A,vww.samhsa.gov/Grants/management.aspx. 13. The grantee is required to notify the GMO in writing and copy the GPO, if the Program/Project Director or key personnel specifically named in the NoA will withdraw from the project entirely, be absent from the project during any continuous period of 3 months or more, or reduce time devoted to the project by 25 percent or more from the level that was approved at the time of award. SAMHSA must approve any alternate arrangement proposed by the grantee, including any replacement of the PD or other key personnel named in the NoA. The request for approval of a substitute Program/Project Director or other key personnel should include a justification for the change, the biographical sketch of the individual proposed, other sources of support (if applicable), and any budget changes resulting from the proposed change. If the arrangements proposed by the recipient, including the qualifications of any proposed replacement, are not acceptable to SAMHSA, the grant may be suspended or terminated. If the grantee wants to terminate the project because it cannot make suitable alternate arrangements, it must notify the GMO, in writing and copy the GPO, of its wish to terminate, and the GMO will forward closeout instructions. Key personnel (or key personnel positions, if personnel has not been selected) are listed below: Stacy Judd, Project Director @ 3.5% level of effort Sara Wood, Project Coordinator @ 1.6% level of effort All changes in key personnel including level of effort must be sent electronically to the GPO, including a biographical sketch and other documentation and information as stated above who will make a recommendation for approval or disapproval to the assigned Grants Management Specialist (GMS). Only the GMO may approve key personnel changes. 14. Refer to the NoA under Section II (Payment/Hotline Information) regarding the Payment Management System and the HHS Inspector General's Hotline concerning fraud, waste or abuse. 15. As the grantee organization, you acknowledge acceptance of the grant Terms and Conditions by drawing or otherwise obtaining funds from the Payment Management System. In doing so, your organization must ensure that you exercise prudent stewardship over Federal funds and that all costs are allowable, allocable and reasonable. 16. No HHS funds may be paid as profit (fees) per (45 CFR Parts 74.81 and 92.22(2)). Page-11 45 17. Where a conference is funded by a grant or cooperative agreement the recipient must include the following statement on all conference materials (including promotional materials, agenda, and internet sites): Funding for this conference was made possible (in part) by (insert grant or cooperative agreement award number) from ONDCP and SAMHSA. The views expressed in written conference materials or publications and by speakers and moderators do not necessarily reflect the official policies of the Office of National Drug Control Policy or the Department of Health and Human Services, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government. 18. This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the award term, go to http:/A,vww.samhsa.gov/,qrants/trafficking.aspx. 19. Grantees must comply with the requirements of the National Historical Preservation Act and EO 13287, Preserve America. The HHS Grants Policy Statement provides clarification and uniform guidance regarding preservation issues and requirements (pages 1-20, "Preservation of Cultural and Historical Resources). Questions concerning historical preservation, please contact SAMHSA's Office of Program Services, Building, Logistics and Telecommunications Branch at 240-276-1001. 20. Executive Order 13410: Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs promotes efficient delivery of quality health care through the use of health information technology, transparency regarding health care quality and price, and incentives to promote the widespread adoption of health information technology and quality of care. Accordingly, all grantees that electronically exchange patient level health information to external entities where national standards exist must: Use recognized health information interoperability standards at the time of any Health Information Technology (HIT) system update, acquisition, or implementation, in all relevant information technology systems supported, in whole or in part, through this agreement/contract. Please consult http://www.healthit.gov for more information. -Use Electronic Health Record systems (EHRs) that are certified by agencies authorized by the Office of the National Coordinator for Health Information Technology (ONC), or that will be certified during the life of the grant. For additional information contact: Jim Kretz at 240-276-1755 or Jim.Kretz(o).samhsa.hhs.gov, Kathryn Wetherby at 240-276-2899 or Kathryn.Wetherby(o).samhsa.hhs.gov. Questions and issues may be raised on SAMHSA's HIT Forum at http://cmhbbs.samhsa.gov/. 21. If Federal funds are used by the grantee to attend a meeting, conference, etc. and meal(s) are provided as part of the program, then the per diem applied to the Federal travel costs (M&IE allowance) must be reduced by the allotted meal cost(s). 22. By signing the Standard Form 424 application face page in Item#21, the Authorized Representative (AR) certifies (1) to the statements contained in the list of certifications*and (2) provides the required assurances*and checking the I AGREE box provides SAMHSA with the AR's agreement of compliance. It is not necessary to submit signed copies of these documents, but should be retained for your records. *The documents are available on the SAMHSA website at http://beta.samhsa.gov/grants/applying/forms-resources or contained within the Request for Applications (RFA). REPORTING REQUIREMENTS Page-12 46 Semi-Annual Progress Reports: 1. The DFC Semi-Annual Progress Reports, submitted through the Coalition Online Management and Evaluation Tool (COMET), are completed twice a year in August and February. Completion of the DFC Semi-Annual Progress Report requires in part that DFC grantees report activity data within each strategy type. DFC Grantees may enter activity data into the COMET system throughout the reporting period as activities are completed. DFC Grantees are NOT required to report the core measures during every reporting period. It is the responsibility of the grantee to know when core measure data is required and to enter it at the proper time (every two years starting with baseline collection year). For more information, contact the DFC National Evaluation Team at dfc evaluators(o).icfi.com and copy your GPO. COMET Reports for all FY 2014 Year 1 and Year 6 grantees are due on the following dates: Wednesday, February 11, 2015 Wednesday, August 12, 2015 All Year 1 grantees will report baseline core measure data on Wednesday, February 11, 2015. This is the data provided in your initial application to the DFC Program or the most recent core measure data available to you. Year 1 grantees will not report core measures data again until February 2017. Year 6 grantees who received continuous funding between Years 5 and 6 will remain on the core measure reporting schedule established in the first five years of DFC funding. Year 6 grantees that have not had sequential years of DFC funding will need to speak with the DFC National Evaluation Team to determine when to report core measures. Annual Coalition Classification Tool: 2. In addition, all DFC Grantees must complete the Coalition Classification Tool (CCT) once per year: Wednesday, August 12, 2015 Financial Reports: 3. The Federal Financial Report (FFR), Standard Form 425 (SF-425) is required on an annual basis and must be submitted for each budget period on the report due date(s) schedule after the close of the 12- month budget period. The FFR is required for each 12-month period, regardless of the overall length of the approved extension period authorized by SAMHSA. In addition, a final FFR is due within 90 days after the end of the extension. The FFR must be submitted no later than: Friday, January 29, 2016 a) NOTE: SINGLE GRANT REPORTING IS REQUIRED FOR EACH SAMHSA PROJECT AS STATED ON THE FFR (#10 d-o). Do not include any amount in Line 10f that has been reported in Line 10e. If applicable, include the required match on this form under Recipient Share (#10 i-k) and Program Income (I-o) in order for SAMHSA to determine whether matching is being provided and the rate of expenditure is appropriate. Adjustments to the award amount, if necessary, will be made if the grantee fails to meet the match. Page-13 47 b) The FFR must be prepared on a cumulative basis and all program income must be reported. c) If your organization intends to automatically carryover an unobligated balance of funds from the prior year(s) up to 10 percent of the federal share as reflected in the current Notice of Award, it must be stated in the Remarks section (#12) of the FFR. The subsequent FFR must reflect the actual carryover amount in the Remarks section (#12) also. If the actual carryover amount exceeds the 10 percent threshold, the excess grant funds must be returned. SAMHSA reserves the right to change and/or suspend the practice of permitting grantees to automatically carryover unobligated balances of funds without prior approval. When submitting the FFR to SAMHSA, the amounts reported under Transactions (#10 a-c) to the (DPM), must equal or be reconciled with the Federal Expenditures and Unobligated Balance reported in (#10d-h). The FFR may be accessed from the following website at http://www.whitehouse.gov/omb/grants_forms including instructions. The data can be entered directly on the form and the system will calculate the figures, then it can be printed and mailed to this office. 4. Submission of the Federal Financial Report (FFR) SF 425 is due 30 days after the end of each fiscal quarter. This Division of Payment Management Services report is completed online. To access the information and review the exact due dates go to www.dpm.psc.gov . 5. The grantee must comply with the GPRA requirements that include the collection and periodic reporting of performance data as specified in the RFA or by the Program Official. This information is needed in order to comply with PL 102-62 which requires information is needed in order to comply with PL 102-62 which requires that SAMHSA report evaluation data to ensure the effectiveness and efficiency of its programs. 6. Audit requirements for Federal award recipients are detailed at http://www.whitehouse.gov/sites/default/files/omb/assets/a133/a133 revised 2007.pdf. Specifically, non-Federal entities that expend a total of$500,000 or more in Federal awards, during each Fiscal Year, are required to have an audit completed in accordance with OMB Circular A-133. The Circular defines Federal awards as Federal financial assistance (grants) and Federal cost-reimbursement (contracts) received both directly from a Federal awarding agency as well as indirectly from a pass-through entity and requires entities submit, to the Federal Audit Clearinghouse (FAC), a completed Data Collection Form (SF-SAC) along with the Audit Report, within the earlier of 30 days after receipt of the report or nine months after the fiscal year end. The Data Collection Forms and Audit Reports MUST be submitted to the FAC electronically at http://harvester.census.gov/fac/collect/ddeindex.htmI. For questions and information concerning the submission process, please visit http://harvester.census.gov/sac/or call the FAC 1-800-253- 0696. Failure to comply with the above stated Terms and Conditions may result in suspension, classification as High Risk status, termination of this award, or denial of funding in the future. All previous Terms and Conditions remain in effect until specifically approved and removed by the Grants Management Officer. All responses to special Terms and Conditions of award and post-award requests must be electronically mailed to the Division of Grants Management Specialist and to the Government Project Officer as identified on your Notice of Award. It is essential that the Grant Number be included in the SUBJECT line of the email. Page-14 48 INDIRECT COSTS If the grantee chooses to establish an indirect cost rate agreement, it is required to submit an indirect cost rate proposal to the appropriate office within 90 days from the start date of the project period. For additional information, please refer to HHS Grants Policy Statement Section I, pages 23-24. SAMHSA will not accept a research indirect cost rate. The grantee must use other-sponsored program rate or lowest rate available. Please contact the appropriate office of the Division of Cost Allocation to begin the process for establishing an indirect cost rate. To find a list of HHS Division of Cost Allocation Regional Offices, go to https:Hrates.psc.gov/fms/dca/mapl.html. CONTACTS All responses to Terms and Conditions of award and post-award requests must be mailed to the Division of Grants Management, Office of Financial Resources (OFR), SAMHSA below: For Regular Delivery: For Overnight or Direct Delivery: Division of Grants Management Division of Grants Management OFR, SAMHSA OFR, SAMHSA 1 Choke Cherry Road, Room 7-1091 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Rockville, MD 20850 Barbara Howes, Program Official Phone: (240) 276-2547 Email: barbara.howes@samhsa.hhs.gov Erwin Morales, Grants Specialist Phone: (240) 276-1425 Email: erwin.morales@samhsa.hhs.gov Fax: (240) 276-1430 Page-15 49 POLICE DEPARTMENT Ken Thomas, Chief of Police �T Phone: 253-856-5800 ......... Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 14, 2014 TO: Public Safety Committee SUBJECT: Police Department Records Update — Information Only Information Only SUMMARY: Assistant Chief Rafael Padilla will present information regarding police department records. 50 51 POLICE DEPARTMENT Ken Thomas, Chief of Police �T Phone: 253-856-5800 ......... Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 14, 2014 TO: Public Safety Committee SUBJECT: Police Chiefs Update — Information Only Information Only SUMMARY: Assistant Chief Derek Kammerzell will present the following information regarding the current events affecting the police department on behalf of City of Kent Police Chief Ken Thomas: A. Fireworks Update B. School Zone Traffic Safety Camera Program Update C. Community Task Force on Use of Force D. Racing Update