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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
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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
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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:
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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
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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
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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
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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
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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.
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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
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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
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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
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(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
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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
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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
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(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.
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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.
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-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.
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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
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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-
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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").
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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
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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.
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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)).
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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
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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.
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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.
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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
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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.
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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