HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 11/12/2014 (3) Public Safety Committee Agenda
T Councilmembers: • Dana Ralph • Les Thomas,Jim Berrios, Chair
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SPECIAL MEETING
November 12, 2014
4:30 p.m.
Item Description Action Speaker(s) Time Page
CALL TO ORDER/ROLL CALL/CHANGES TO AGENDA
1. Approval of October 14, 2014, minutes Yes Councilmember Berrios 5 Min............1
2. Consultant Services Agreement —
TrueBearing, LLC — Recommend Yes Sara Wood 10 Min...........5
3. Consultant Services Agreement —
New Connections — Information Only No Sara Wood 10 Min.........19
4. Emergency Management Performance Yes Dominic Marzano 10 Min........21
Grant — 2014 - Recommend Division Chief
5. Ordinance amending KCC 9.02 Yes Tammy L. White 10 Min.........63
Criminal Code - Recommend Assistant City Attorney
6. Police Chiefs Update — Information Only No Chief Ken Thomas 10 Min.........77
A. Fireworks Update
B. School Zone Traffic Safety Camera Program Update
C. Community Task Force discussion on Use of Force
Unless otherwise noted, the Public Safety Committee meets the 2n'Tuesday of each month at 4:30 p.m.
in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Kim Komoto at (253) 856-5788 or via email at kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For
TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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Public Safety Committee Minutes
October 14, 2014
CALL TO ORDER
Councilmember Jim Berrios called the meeting to order at 4:30 p.m.
COMMITTEE MEMBERS PRESENT:
Councilmember Jim Berrios and Council President Dana Ralph. Councilmember Les
Thomas was absent.
Chances to the Agenda:
Assistant Chief Kammerzell indicated the following changes to the agenda:
Item No. 2 will be presented by Assistant Chief Straus, Item No. 4 will be presented
by Community Education Coordinator John Pagel, and Item No. 7 will have an
additional Item E. Halloween Emphasis.
Item 1 - Approval of meeting minutes dated September 9, 2014
Council President Ralph MOVED to approve the minutes of September 9,
2014. The motion was SECONDED by Councilmember Berrios and PASSED
2-0.
Item 2 - Police Services Agreement with Kent School District -
Recommend.
Assistant Chief Straus presented details regarding the Police Services Agreement
with the Kent School District for the 2014-2015 school year. This contract is to fill
the position of School Safety Services Director with a law enforcement officer who
is employed by the police department and holds the rank of Commander. This
contract expires on August 31, 2015 and the compensation is $40,258.44.
Council President Ralph MOVED 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 the city attorney.
The motion was SECONDED by Councilmember Berrios and PASSED 2-0.
Item 3 -Interlocal Agreement for Jail Services with Chelan County -
Recommend.
Commander McCuistion presented information regarding the Interlocal Agreement
for Jail Services with Chelan County for the housing of inmates when the Kent
Corrections Facility nears capacity. The City has been contracting with Chelan since
2011. In 2014, the City has only used the Chelan County jail for the housing of
female inmates due to the unusually high number of female inmates.
Councilmember Berrios MOVED 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 the city
attorney. The motion was SECONDED by Council President Ralph and
PASSED 2-0.
age 11
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Item 4. WTSC MOU — Target Zero Traffic Safety Grant - Recommend
Community Education Coordinator and Target Zero Manager for the Kent Police
Department presented information on the Washington Traffic Safety Commission
Target
John detailed that the State of Washington has a strategic plan entitled Target
Zero. Target Zero is an effort to eliminate all fatality and serious injury accidents
by the year 2030. In support of the plan, the State allocates funding to counties to
conduct high visibility emphasis patrols to do media releases and emphasis patrols.
The Target Zero Traffic Safety Grant in the amount of $17,200 is for the purpose of
conducting impaired driving patrols, seatbelt enforcement and for distracted driving
patrols.
Council President Ralph indicated her support for the program.
Councilmember Berrios requested details regarding how this grant compares to
prior grants. John Pagel detailed the breakdown of past and current grant fund
allocations.
Council President Ralph MOVED 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 the city attorney. The motion
was SECONDED by Councilmember Berrios and PASSED 2-0.
Item S. SAMHSA Drug Free Communities Grant - Recommend
Assistant Chief Straus provided information regarding the annual renewal of the
Drug Free Communities Grant from the Substance Abuse and Mental Health
Services Administration and the Office of the National Drug Control Policy.
The City will receive $107,815 for the term of September 30, 2014 through
September 29, 2015. This grant is for years 6 through 10 of a 10-year grant term
for the use of drug and alcohol prevention. The City uses the funds for Kent's
Youth Board projects and other prevention strategies.
Council President Ralph indicated that this is a highly-competitive national grant
that requires a lot of work, but that the payoff of receiving the significant grant
funds is worth the work.
Councilmember Berrios and Council President Ralph discussed the details of the
term and compensation of the grant.
Councilmember Berrios MOVED 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
age 12
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amount of $107,815 subject to the grant terms and conditions acceptable
to the police chief and the city attorney. The motion was SECONDED by
Council President Ralph and PASSED 2-0.
Item 6. Police Department Records Update
Assistant Chief Padilla presented information regarding the Kent Police Department
Records division.
Assistant Chief indicated that in the interest of better public service and to be more
accessible to the public, the police department lobby and records unit hours will be
expanded to 8:00 a.m. — 8:00 p.m. Monday through Friday, and 9:00 a.m. — 5:00
p.m. Saturday and Sunday. The newly expanded hours are expected to be
implemented January 1, 2015, but that will be dependent on staffing levels.
Councilmember Berrios indicated his support for this change so that the City can
provide additional support to the community.
Item 7. Police Chief's Update
In the absence of Chief Thomas, Assistant Chief Kammerzell presented information
regarding the current issues and concerns of the police department including:
A. Fireworks
Assistant Chief Kammerzell distributed and provided information
regarding the firework-related calls on the 4th of July.
The committee and Assistant Chief Kammerzell discussed the
comparisons between Kent and neighboring jurisdictions that have various levels of
restrictions. Councilmember Berrios requested that Assistant Chief Kammerzell
research and provide an update at the next committee meeting clarifying if the
jurisdictions that enacted bans did so by a will of the people.
B. School Zone Traffic Safety Camera Program Update
Assistant Chief Kammerzell distributed information regarding the
school zone traffic safety camera citations issued.
Council President requested Assistant Chief Kammerzell provide details
at the next committee meeting of why citations were issued in July and August.
Councilmember Berrios indicated that the police department should
look into expanding this program into an additional four schools and that
consideration should be given to the impacts to the court and police department
personnel. Councilmember Berrios requested that Assistant Chief Kammerzell
provide details at the next committee meeting of the number of police department
overtime hours that have been for each month since the program was
implemented.
C. Community Task Force on Use of Force
Assistant Chief Kammerzell distributed information regarding the
Community Task Force on Use of Force. The October 22, 2014 meeting is by
invitation only.
age 13
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D. Racing Update
Assistant Chief Kammerzell distributed information regarding the ad
campaign on racer emphasis. The cards are distributed to spectators or potential
racers. Councilmember Berrios shared his experiences during his recent
participation on an emphasis patrol. Assistant Chief Kammerzell detailed
information on various methods of communicating the impacts of illegal street
racing
E. Halloween Emphasis
Assistant Chief Kammerzell provided information regarding the
emphasis patrols and staffing plans on Halloween. Halloween falls on a Friday this
year so there will also be a DUI emphasis patrol. Council President Ralph and
Councilmember Berrios extended their appreciation to State Farm for their grants to
the City that supports emphasis patrols.
The meeting was adjourned at 5:03 p.m. by Councilmember Berrios.
Respectfully submitted,
Kim Komoto
Public Safety Committee Secretary
SpFO9uQFOUCEV ubl CS,foto Co—tteeA2014A0¢ober 2014A0¢ober 9.2014 dnutes.Lo,
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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: November 12, 2014
TO: Public Safety Committee
SUBJECT: TrueBearing, L.L.C, Consultant Services Agreement - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign the
Consultant Services Agreement with TrueBearing, L.L.C, in an amount not to
exceed $18,000, for the purpose of evaluating work done by the Kent Drug Free
Coalition, subject to final terms and conditions acceptable to the Police Chief and
City Attorney.
SUMMARY: In 2013, the Kent Police Department, with financial and program support
from the Office of National Drug Control Policy (ONDCP) Drug Free Communities program,
released a Request for Proposals from Puget Sound area evaluators to conduct an
evaluation of programming implemented by the Kent Drug Free Coalition and Kent Police
Youth Board. TrueBearing, LLC was awarded the contract. Since the initial contract,
TruBearing, L.L.C, has completed a comprehensive evaluation and report on Kent's
coalition activities and work to reduce drug and alcohol use among youth in the Kent
community. This work has been fully funded by the Drug Free Communities federal grant
program.
In September 2014, Kent Police was notified of its successful application for years 6 — 10
grant funding. The awarded grant application included a budget line item for $18,000 for
program evaluation. Since TrueBearing, LLC has already been selected and has been
working with the Kent Drug Free Coalition, the attached contract allows for another year
of program evaluation, to include strategic planning with Kent Drug Free Coalition
members and an overall evaluation plan for the Game of Life Youth Conference and Kent
Police Youth Board.
Exhibits: Consultant Services Agreement
Budget Impact: Grant Funding
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CONSULTANT SERVXCES
between the Cityf Kent and
True Bearing
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and True Bearing, LLC organized under the laws of the State of
Washington, located and doing business at PO Box 17722, Seattle, WA 98107, Phone 206-430-
5043 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Consultant will expand upon the previous year's contract and prepare an outcome
program evaluation, including collection and analysis of indicators in order to
evaluate coalition process and outcomes. Consultant will develop a survey tool to fill
data need gaps in the Healthy Youth Survey conducted in the Kent School District.
Consultant will also develop a survey tool to measure effectiveness of the Game of
Life Youth Conference and Kent Police Youth Board.
Consultant will meet or correspond with the Kent Drug Free Communities project
director at least monthly througout the contract period to provide evaluation status
reports.
See "Exhibit A" for deliverables.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by September 29, 2015
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed $18,000, for the services described in this Agreement. This is the
maximum amount to be paid under this Agreement for the work described in
Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement.
The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
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one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit B.
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
V1. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
8
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and
incorporated by this reference,
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
9
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
I
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. 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
bringing 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
City's right to indemnification under Section VI:I of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
10
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last elate entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature) '......
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO, NOTICES TO BE SENT TO: —
CONSULTANT: CITY OF KENT:
Nathan Brown, Ph. D. Sara Wood, Research and Development
True Bearing LLC Analyst
PO Box 17722 City of Kent
Seattle, WA 98107 220 Fourth Avenue South
Kent, WA 98032
206-430-5043 (telephone)
866-815-3945 (facsimile) (253) 856-5856 (telephone)
(253) 856-6800 (facsimile)
APPROVED AS TO FORM:
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
i
Kent Law Department
(I,,thls field,you may enter the eleRronlc filepath where the coMrad has been saved]
I
CONSULTANT SERVICES AGREEMENT 6
(Over$10,000)
12
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
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CITY OF SCENT
ADMINISTRAeTIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
15
Exhibit A
Deliverable By When?
Process and outcome evaluation, Ongoing
including collection and analysis of
indicators in order to evaluate
coalition process and outcomes.
Program staff and coalition members
may assist with data collection.
Develop survey tool to fill data needs Ongoing
gaps in Healthy Youth Survey
conducted in KSD.
Develop survey tool to evaluate December 2015
Game of Life youth conference.
Develop survey tool to evaluate Kent June 2015
Police Youth Board members.
Plan and facilitate interviews and June 2015
focus groups as needed.
Attend regular Kent Drug Free Ongoing
Coalition meetings (no less than one
meeting per quarter) and provide
evaluation updates.
Work with Kent Drug Free Coalition Ongoing
"Evaluation Committee" on strategic
planning and development for the
coalition.
Provide information as requested for Ongoing
grant reporting to the federal
overnment.
Conduct evaluation briefings to city As Needed
leaders and community stakeholders
16
Exhibit E
Company Rate/Amount Billin Fre uenc
True Bearing, LLC $18,000 for one year - Monthly or no more
$1,500 per month than 45 days out
starting on September
29, 2014
17
EXHIBIT
INSURANCE REQUIREMENTS FOR
CONSULTANTICAGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
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EXHIBIT C (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
19
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: November 12, 2014
TO: Public Safety Committee
SUBJECT: Consultant Services Agreement with New Connections —Information Only
SUMMARY: Since 2013, the Kent Police Department has contracted with New
Connections of South King County, a nonprofit local agency whose mission is to prepare
incarcerated men and women for their return to the workforce. New Connections provides
education regarding life skills so they are less likely to reoffend and end up in the criminal
justice system. New Connections conducts classes at the City of Kent Correctional facility.
20
21
KENT OFFICE of EMERGENCY MANAGEMENT
•
Dominic Marzano
KENT Division Chief/Emergency Management
......... 24611 116th Ave. S.E.
Kent, WA 98030
Fax: 253-856-4119
PHONE: 253-856-4440
DATE: November 12, 2014
TO: Public Safety Committee
SUBJECT: Emergency Management Performance Grant - 2014 - Recommend
MOTION: Move to recommend Council authorize the Mayor to accept and sign
the Emergency Management Performance Grant from the Washington Military
Department/Emergency Management Division and the U.S. Department of
Homeland Security, in the amount of $93,525.00, sign all necessary grant
documents, amend the budget, and authorize expenditure of the funds in
accordance with final grant terms and conditions acceptable to the city attorney.
SUMMARY: The Kent Office of Emergency Management applied for and received a grant
in the amount of $93,525.00 from the Washington Military Department/Emergency
Management Division and the U.S. Department of Homeland Security.
The purpose of the grant is to assist with the enhancement, sustainment and
improvement of state, local, and tribal emergency management programs. Activities
conducted using grant funds should relate directly to the five elements of emergency
management: prevention, protection, response, recovery, and mitigation.
The program areas that will benefit from these grant funds include: public
education/community training, Community Emergency Response Team, Kent
Communication Support Team, crises communications, public education and information,
community events, operational communication, exercises/testing/training, school
exercises/trainings/professional development, planning, upgrades/improvements, public
information and warning, hazard mitigation, marketing and information support, Office of
Emergency Management vehicles, and for the Local Emergency Planning Committee.
Exhibit: Grant Agreement
Budget Impact: No impact, this is a pass through grant
SpF09uQFOUQIFubad S,foto committeeA2014Adovember 2014AEOM MoNon.do,
zz
.Washington State Military Department
.HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub-grantee Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
City of Kent-OEM
24611 116th Avenue SE $93,626 E16-135
Kent,WA 98030.4939
4. Sub-grantee Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Jennifer Keizer,253-866.4342 June 1, 2014 August 31,2016
JDKeizer@ci.kent.wa.us
7. Department Program Manager, phonelemail: 8. Data Universal Numbering System (DUNS): 9. UBI#(state revenue):
Kristin Ramos, (253)512-7083 020253613 173-000-002
kristin.ramos@mil.wa.gov
10. Funding Authority:
Washington State Military Department the"DEPARTMENT") and the U.S. Department of Homeland Security(DHS)
11. Funding Source Agreement#: 12. Program Index 1 14. TIN:
EMW-2014-EP-00033-S01 743PT NZ 97.042 EMPG(14) 1 91-6001254
15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned,State
(BY LEGISLATIVE DISTRICT): 33,47 Certified?: X N/A ❑ NO
(BY CONGRESSIONAL DISTRICT): 8,9,11 King ❑ YES, OMWBE#
18. Agreement Classification - 19. Contract Type(check all that apply):'
❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
20, Sub-Grantee Selection Process: 21. Sub-Grantee Type(check all that apply)
X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW. ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit
❑ Filedw/OFM? ❑ Advertised? DYES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE: Provide U.S. Department of Homeland Security(DHS)/Federal Emergency Management Agency
(FEMA) Emergency Management Performance Grant(EMPG)funds to local jurisdictions and tribes with emergency
management programs to sustain and enhance those programs as described in the Work Plan.
IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and
Conditions (Exhibit B);Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget(Exhibit E); and all other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern
the rights and obligations of the parties to this Grant Agreement. No other understandings,oral or otherwise, regarding the subject matter
of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions,and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature Date Signature Date
Richard A. Woodruff, Contracts Administrator Suzette Cooke, Mayor
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM: Signature Date
Brian E. Buchholz (signature on file)8-27-2014 Jim Schneider, Fire Chief
Assistant Attorney General
APPROVED AS TO FORM (if applicable):
Applicant's Legal Review Date
Form 10/27/00 ktl6
DHS-FEMA-EMPG-FFY 14 Page 1 of 38 City of Kent OEM, El5-135
23
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
SUB-GRANTEE MILITARY DEPARTMENT
Name Jim Schneider Name Gary Stumph
Title '' Fire Chief Title Program Coordinator
E-Mail jschneider@kentwa.gov E-Mail gary.stumph@mil.wa.gov
Phone' 253-856-4311 Phone 253-612-7483
Name Jennifer Keizer Name Kristin Ramos
Title EM Specialist Title Program Manager
E-Mail ' 1 JDKeizer@ci.kent.wa.us E-Mail I kristin.ramos@mil.wa.gov
Phone 253-856-4342 Phone 253-512-7083
Name Dominic Mariano Name Dalton.gamboa@_mil.wa.gov
Title Division Chief Title Program Assistant
E-Mail dmarzano@kentwa.gov E-Mail Dalton.gamboa@mil.wa.gov
Phone 253-856-4316 Phone 263-512-7044
ARTICLE 11. ADMINISTRATIVE, FINANCIAL, AND PROGRAMMATIC REQUIREMENTS
The Sub-grantee shall comply with all applicable state and federal laws, rules, regulations,
requirements and program guidance identified or referenced in this Agreement and the
informational documents published by FEMA applicable to the FY 2014 EMPG Program,
including, but not limited to, all criteria, restrictions and requirements of the "Department of
Homeland Security Funding Opportunity Announcement FY 2014 Emergency Management
Performance Grant" document published by FEMA, the DHS Award Announcement Letter for
Grant No. EMW-2014-00033, and the federal regulations commonly applicable to DHSIFEMA
grants, which are incorporated herein by reference.
The Sub-grantee acknowledges that since this Agreement involves federal funding, the period
of performance described herein will likely begin prior to the availability of appropriated federal
funds. The Sub-grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement, or any type of payment
whatsoever for services performed under this Agreement prior to distribution of appropriated
federal funds.
The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the
United States liable for any damages, claim for reimbursement or any type of payment if federal
funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHSJFEMA PREPAREDNESS
GRANTS:
The following requirements, which must be met prior to reimbursement, apply to all
DHSIFEMA Preparedness Grants administered by the Department.
1. REIMBURSEMENT&BUDGET REQUIREMENTS
a. This is a fixed price, reimbursement Grant Agreement. Within the total
Agreement amount, travel, sub-contracts, salaries and wages, benefits,
printing, equipment, and other goods and services or other budget
categories will be reimbursed on an actual cost basis unless otherwise
provided in this Agreement.
DHS-FEMA-EMPG-FFY 14 Page 2 of 38 City of Kent OEM, E15-135
24
b. Any travel or subsistence reimbursement allowed under the Agreement
shall be paid in accordance with rates Set pursuant to RCVV43.U3.O5U
and RCVV43.83.OGO as now existing or amended, but shall not exceed
federal maximum rates set forth athttp://wW/N/.gSR.gVV without prior
written approval by Department key personnel.
C. Receipts and/or backup documentation for any approved budget line
items that are authorized under this Agreement must be maintained by
the Sub-grantee and be made available upon request by the Department,
and local, state, orfedero| auditors.
d. The Sub-grantee will submit reimbursement requests b) the Department
by submitting a properly completed State /\'10 |UVniOe Form and
Reimbursement Spreadsheet (in the format provided bv the Department)
detailing the expenditures for which reimbursement is sought.
Reimbursement requests must he submitted to
HLS.ReiDlbVYse00eQfs@n8il.VV@.g8Vno later than the due dates listed
within the Milestone Timellne (Exhibit D), but not more frequently than
monthly.
e. Any request for extension ofo due date will be treated aaa request for
Amendment of the Agreement and must be submitted to the
Department's Kay Personnel sufficiently in odv8Uo8 of the due date to
provide adequate time for Department review and consideration, and can
be granted/)r denied within the Department's sole discretion.
f� All work under this Agreement must end UUUr before the Agreement End
Date, and the final reimbursement request 0UGt be submitted to the
DepodrneDf within 45 days after the Agreement End Dnte, except as
' otherwise authorized by vvdden amendment of the Agreement unless
written approval is issued from the Department as permitted by
amendment.
g. The maximum amount Ofall reimbursement requests permitted to be
submitted under this Agreement, including the final A8iUAhUrSen)8nt
request, iS limited t0 and shall not exceed the total Agreement Amount.
h� 0O equipment Or supply costs will be reimbursed until the related
equipment/supplies have been received by the Sub-grantee and invoiced
by the vendor.
L Requests for reimbursement 0f equipment purchases must include acopy
nf the vendor's invoice and packing slip ora statement signed and dated
by the Sub~granfeo'o authorized representative that states "all items
invoiced have been received in good working order, are operational, and
have been inventoried according to contract and |nu8| procurement
requirements".
Failure tO timely submit complete reports and reimbursement requests os
required by this Agreement (including but not limited to those reports in
the Milestone Timeline) will prohibit the Sub-grantee from being
reimbursed until such complete reports and reimbursement requests are
submitted and the Department has had reasonable time iu conduct its
review.
k. Final reimbursement [8qUe[t8 will not be approved for payment if the
Sub-grantee is not current with all reporting requirements contained in
this Agreement.
|. Cumulative changes to budget categories in excess Of iO% of the
Agreement amount will not be reimbursed without prior written
UHS'FEMA'EWlPG'FFY14 Page 3of38 City of Kent OEM, E15'135
~
25
authorization from the Department. In no 000e nhoK the total budget
amount exceed the Agreement amount. Budget categories are as
Specified or defined on the Budget Sheet Exhibit E of the Agreement.
Any changes to budget categories other than in compliance with this
paragraph will not bereimbursed.
M. The Sub-grantee is to ensure that Federal funds received under this
Agreement d0 not replace (wupp|on0 funds that have been budgeted for
the same purpose through non-Federal sources. The ENlPG Pn]gr8[n
prohibits supplanting, and the Sub-grantee may be required to
demonstrate and document that 8 reduction in non-Federal resources
occurred for reasons other than the receipt u| expected receipt 0fFederal
funds.
2. REPORTING REQUIREMENTS
a. The Sub-grantee shall submit with each reimbursement request a report
describing completed Work Plan activities for which reimbursement is
sought iU the format provided by the Department.
b. |n conjunction vviththe next annual grant cycle application pr&cmam. the
Sub-grantee shall submit tV the Department's Key Personnel a final report
describing all completed activities under this Agreement and new
activities for which grant funding will be sought in the upcoming grant
cycle's Work Plan. If a Sub-grantee will not be applying for grant funding
during the next annual grant cycle application prnCeGS. the Sub-grantee
will submit 8 final report with its final reimbursement request tothe
Department detailing progress on all activities listed in the Work Plan.
C. |n conjunction with the final report, the Sub-grantee shall submit a
separate report detailing how the EyWPG Exercise and Training
' requirements were met for all personnel funded iU any part through any
source uf funding under this Agreement.
d. The Sub-grantee shall also comply with the Federal Funding
Accountability and Transparency Act /FF/(TA\ and related OMB
Guidance consistent with Public Lovv 100'282 88 amended by section
G2O2/8\ Of Public Law 11U~252 (see 31 U.G.C. 6181 note) and complete
and return to the Department Attachment#1 attached 0o and made ap8d
of this Agreement.
a. The Sub-grantee shall participate in the Stoba'n 88nDa| capabilities
assessment for the State Preparedness Report.
3. EQUIPMENT MANAGEMENT
All equipment purchased Under this Agreement, by the Sub-grantee or a
contractor, will be recorded and maintained in the Sub-grantee's equipment
inventory system.
8. Allowable equipment categories for the FY2U14EyWPG Program are
listed on the web-based version of the Authorized Equipment List (4FL)
located at the OHS Lessons Learned |8f0r|n8UVn Sharing Responder
Knowledge Base Home Page sponsored by FEIVIA at
http:/kwmxw.||ia.dh8.9Uv/kU0Vv|8dgebaoa. Reimbursement will only b8
provided for purchases of the following equipment: /1\ equipment
identified OU the AELos applicable tn the EKXPG program for which the
Sub-grantee has [pCBiVed written approval from the Department Key
Personnel prior t0 purchase and, (2) equipment not identified on the /\EL
as allowable under the EMP{) Program for which the Sub-grantee has
DH8-FEMA'EWPG'FFY14 Page 4uf38 City nf Kent OEM, E15-135
26
received written approval from FEIVIA through the Department Key
Personnel prior hD purchase. Sub-grantees must contact the Department
Key Personnel for assistance in seeking FEyWA approval for purchase of
equipment not on the AEL. Un|aan expressly provided otherwise, all
equipment must meet all mandatory regulatory and/or FEWlAadopted
standards to be eligible for purchase using EK8PG Program funds. No
reimbursement will be provided unless the appropriate prior m/rith$8
approval has been provided.
b. Upon successful completion of the terms of this Agreement, all equipment
purchased through this Agreement will be owned by the Sub~gnanten/ ora
recognized sub-recipient for which a contract, sub-Grant Agreement, or
other means nf legal transfer of ownership ininplace.
C. The Sub-grantee, or recognized sub-recipient/sub-contractor, shall be
responsible for any and all operational and maintenance expenses and
for the safe operation of their equipment including all questions 0fliability.
The Sub-grantee shall develop appropriate maintenance schedules and
procedures tu ensure the equipment iG well maintained and kept ingood
operating condition.
d� The Sub-grantee shall maintain equipment records that include: m
description 8f the property; the manufacturer's serial number, model
DWDlher, or other identification number; the source of the equipment,
including the Catalogue nf Federal Domestic Assistance (CF0A) number;
who holds the title; the acquisition date; the cost Ofthe equipment and the
percentage of Federal participation in the cost; the location, use and
condition ufthe equipment 8t the date the information was reported; and
disposition data including the date of disposal and sale price ofthe
' property, '
a. Records for equipment shall be retained bv the Sub-grantee for aperiod
of six years from the date of the disposition, replacement, oKtransfer.
|f any litigation, claim, n[ audit io started before the expiration 0fthe six
year period, the records shall be retained by the Sub-grantee until all
|itiQaUnn, claims, or audit findings involving the |8xO[d8 have been
resolved.
f. The Sub-grantee shall take o physical inventory of the equipment and
reconcile the results with the property records at least once every two
years. Any differences between quantities determined by the physical
iU8p80ti8D and those shown in the records shall be investigated by the
Sub-grantee to determine the cause of the difference. The Sub-grantee
Sha||' in connection with the inventory` verify the existence, current
utilization, and continued need for the equipment.
g. The Sub-grantee shall develop 8 oonb0| system to e06Ur8 adequate
safeguards to prevent loss, damage, and theft 0f the property. Any loss,
damage, 0r theft shall be investigated and a report generated and sent tu
the Department.
h. |f the Sub-grantee is authorized or required tn sell the property, proper
sales procedures must be established and followed t8 ensure the highest
possible return.
I. When original or replacement equipment is no longer needed for the
original project or program or for other activities currently or previously
supported by8 Federal agency, disposition ofthe equipment will bemade
as follows:
27
I. Items of equipment with a current per-unit fair market value of less
than $5,000 may be retained, sold or otherwise disposed of by the
Sub-grantee with no further obligation to the awarding agency.
ii. Items of equipment with a current per-unit fair market value of more
than $5,000 may be retained or sold and the Sub-grantee shall
compensate the Federal-sponsoring agency for its share.
j. As a recipient of federal funds, the Sub-grantee must pass on equipment
management requirements that meet or exceed the requirements outlined
above for all sub-contractors, consultants, and sub-recipients who receive
pass-through funding from this Agreement.
k. The Sub-grantee must obtain and maintain all necessary certifications
and licenses for the equipment. Sub-grantees are solely responsible for
ensuring equipment eligibility.
4. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Sub-grantee shall ensure full compliance with FEMA's Environmental
Planning and Historic Preservation (EHP) Program.
a. Sub-grantees proposing projects that have the potential to impact the
environment, including but not limited to construction of communication
towers, modification or renovation of existing buildings, structures and
facilities, or new construction including replacement of facilities, must
participate in the FEMA EHP review process.
b. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project
along with supporting documentation so FEMA may determine whether
the proposed project has the potential to impact environmental resources
and/or historic properties.
C. The Sub-grantee agrees that to receive any federal preparedness
funding, all EHP compliance requirements outlined in applicable guidance
must be met. The EHP review process must be completed before
funds are released to carry out the proposed project.
5. PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part
13.36, Procurement and as specified in the General Terms and Conditions,
Exhibit B, A.28. All sole source contracts expected to exceed $100,000 must be
submitted,to the Department for review and approval prior to the Sub-grantee's
award and execution of a contract. This requirement must be passed on to all of
the Sub-grantee's sub-contractors, at which point the Sub-grantee will be
responsible for reviewing and approving their sub-contractors' sole source
justifications.
6. SUB-GRANTEE MONITORING
a. The Department will monitor the activities of the Sub-grantee from award
to closeout. The goal of the Department's monitoring activities will be to
ensure that agencies receiving federal pass-through funds are in
compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial
regulations, as well as OMB Circular A-133, Audits of States, Local
Governments and Non-Profit Organizations.
b. To document compliance with OMB Circular A-133 requirements, the
Sub-grantee shall complete and return to the Department Attachment#2
"OMB Circular A-133 Audit Certification Form"with the signed Agreement
DHS-FEMA-EMPG-FFY 14 Page 6 of 38 City of Kent OEM, E15-135
2s
and each fiscal year thereafter until the Agreement is closed, upon which
the completed form is incorporated in and made a part of this Agreement.
C. Monitoring activities may include, but are not limited to:
I. review of performance reports;
ii. monitoring and documenting the completion of Agreement
deliverables;
III. documentation of phone calls, meetings, a-mails and correspondence;
iv. review of reimbursement requests and supporting documentation to
ensure allowability and consistency with Agreement work plan, budget
and federal requirements;
v. observation and documentation of Agreement related activities, such
as exercises, training, funded events and equipment demonstrations;
vi. on-site visits to review equipment records and inventories, to verify
source documentation for reimbursement'requests and performance
reports, and to verify completion of deliverables.
d. The Sub-grantee is required to meet or exceed the monitoring activities,
as outlined above, for all sub-contractors, consultants, and sub-recipients
who receive pass-through funding from this Agreement.
7. NIMS COMPLIANCE
a. The National Incident Management System (NIMS), identifies concepts
and principles that answer how to manage emergencies from
preparedness to recovery regardless of their cause, size, location, or
complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build,
sustain and deliver the core capabilities needed to achieve a secure and
resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across
jurisdictions and disciplines to ensure effective and integrated
preparedness, planning, and response. NIMS empowers the components
of the National Preparedness System, a requirement of Presidential
Policy Directive (PPD)-8, to guide activities within the public and private
sector and describes the planning, organizing, equipping, training and
exercising needed to build and sustain the core capabilities in support of
the National Preparedness Goal.
C. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2014
(FFY14) federal preparedness funding, to include EMPG, NIMS
compliance requirements for 2014 must be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS/FEMA, which is
provided to assist state, local and tribal governments enhance and sustain all-
hazards emergency management capabilities as authorized by Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121
et seq.) and Section 662 of the Post Katrina Emergency Management Act (6
U.S.C. § 762).
2. The Sub-grantee shall comply with all applicable federal laws, regulations and
guidance referenced in the "Department of Homeland Security Funding
Opportunity Announcement FY 2014 Emergency Management Performance
Grant" document published by FEMA, which can be found at
http:/Iwww.fema.gov/preparedness-non-disaster-grants and are hereby
incorporated in and made a part of this Agreement.
3. A portion of the FFY14 EMPG grant was identified by the state to be passed
through to local jurisdictions and tribes with emergency management programs
DHS-FEMA-EMPG-FFY 14 Page 7 of 38 City of Kent OEM, E15-135
29
to supplement their local/tribal operating budgets to help sustain and enhance
emergency management capabilities under WAC 118-09.
4. The Sub-grantee shall use the EMPG funds authorized under this Agreement
only to perform tasks as described in the Work Plan of the Sub-grantee's
application for funding, as approved by the Department and incorporated into this
Agreement. Funding may not be used to replace or supplant existing local or
tribal government funding of emergency management programs.
5. The Sub-grantee shall provide a fifty percent match of $93,526 of non-federal
origin. To meet matching requirements, the Sub-grantee cash matching
contributions must be reasonable, allowable, allocable, and necessary under the
grant program and must comply with all Federal requirements and regulations,
including but not limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part
13.24. An appropriate mechanism must be in place to capture, track, and
document match.
6. Exercises that are implemented with EMPG Program funds under this Agreement
must meet the requirements of the FFY14 EMPG Program. All personnel funded
in any part through any source of funding under this Agreement shall participate
in no less than three exercises in a 12-month period.
7. All personnel funded in any part through any source of funding under this
Agreement shall complete the following training requirements and record proof of
completion: NIMS Training IS 100, IS 200, IS 700, and IS 800 and the FEMA
Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242,
and IS 244.
C. DHS FFY14 EMPG TERMS AND CONDITIONS
As a recipient of EMPG Program funding, the Sub-grantee shall comply with all
applicable DNS terms and conditions of the FFY14 EMPG Award Letter documents for
DHS Grant No. EMW-2014-EP-00033, which are incorporated herein by reference,
including but not limited to the following:
1. Administrative Requirements — The administrative requirements that apply to
DHS award recipients originate from two sources:
a. Office of Management and Budget (OMB) Circular A-102, Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments (also known as the "A-102 Common
Rule"). These A-102 requirements are also located within DNS
regulations at Title 44, Code of Federal Regulations (CFR) Part 13.
b. OMB Circular A-110, Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and
Other Non- Profit Organizations, relocated to 2 CFR Part 215.
2. Cost Principles— The cost principles that apply to DNS award recipients originate
from one of the following sources:
a. OMB Circular A-21, Cost Principles for Educational Institutions, relocated
to 2 CFR Part 220.
b. OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments, relocated to 2 CFR Part 225.
a OMB Circular A-122, Cost Principles for Non-Profit Organizations,
relocated to 2 CFR Part 230.
3. Audit Requirements — The audit requirements for State, Local and Tribal
recipients of DHS awards originate from OMB Circular A-133, Audits of States,
Local Governments and Non-Profit Organizations.
4. Acknowledgement of Federal Funding from DHS -- The Sub-grantee must
acknowledge its use of Federal funding when issuing statements, press releases,
DHS-FEMA-EMPG-FFY 14 Page 8 of 38 City of Kent OEM, E15-135
30
requests for proposals, bid invitations, and other documents describing projects
or programs funded in whole or in part with Federal funds.
5. Activities Conducted Abroad--The Sub-grantee must ensure that project
activities carried on outside the United States are coordinated as necessary with
appropriate government authorities and that appropriate licenses, permits, or
approvals are obtained.
6. Age Discrimination Act of 1975 (42 U.S.C. § 6101 of seq.) — The Sub-grantee
must comply with the Act, which prohibits discrimination on the basis of age in
any program or activity receiving Federal financial assistance.
7. Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101-12213) — The Sub-
grantee must comply with the requirements of Titles 1, II, and III of the Act, which
prohibits recipients from discriminating on the basis of disability in the operation
of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities.
8. Best Practices for Collection and Use of Personally Identifiable Information (Pl/)—
If a Sub-grantee collects PII, it is required to have a publically-available privacy
policy that describes what PII they collect, how they use the PII, whether they
share PII with third parties, and how individuals may have their PII corrected
where appropriate. The DHS Privacy Impact Assessments is available as a
resource on this requirement at:
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june20l O.pdf
and hftp://www,dhs.govlxlibrary/assets/privacy/privacy_pia—template.pdf,
respectively.
9. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d at seq.), codified at 6
CFR Part 21 and 44 CFR Part 7 — The Sub-grantee must comply with the
requirements of the Act, which provides that no person in the United States will,
on the grounds of race, color, or national origin,be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
10. Civil Rights Act of 1968 — The Sub-grantee must comply with the Act, which
prohibits recipients from discriminating in the sale, rental, financing, and
advertising of dwellings, or in the provision of services in connection therewith,
on the basis of race, color, national origin, religion, disability, familial status, and
sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing
and Urban Development at 24 CFR Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or
more dwelling units—i.e., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground-floor units in
buildings without elevators)—be designed and constructed with certain
accessible features (see 24 CFR § 100.201).
11. Copyright — The Sub-grantee must affix the applicable copyright notices of 17
U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship
(including award number) to any work first produced under Federal financial
assistance awards, unless the work includes any information that is otherwise
controlled by the Government (e.g., classified information or other information
subject to national security or export control laws or regulations).
12. Debarment and Suspension —The Sub-grantee must comply with Executive
Orders 12549 and 12689, which provide protection against waste, fraud and
abuse by debarring or suspending those persons deemed irresponsible in their
dealings with the Federal government.
DHS-FEMA-EMPG-FFY 14 Page 9 of 38 City of Kent OEM, E15-135
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11 — TheSuborantee must comply with the
Drug-Free Workplace Act Vf1A88/412U3.C. 8701etSeqj' which requires that
all organizations receiving grants from any Federal agency agree to maintain a
drug-free workplace. These regulations are codified 8t2CFR3O01.
14. Duplication nf Benefits — The Sub-grantee must comply with 2CFR Part 225,
Appendix A` paragraph /C\(3)(c)' which provides that any cost allocable t0a
particular Federal award or cost objective under the principles provided for in this
authority may not be charged to other Federal awards to nVex}nrn8 fund
deficiencies.
15. False Claims Act and Program Fraud Civil Remedies — The Sub-grantee must
comply with the requirements uf31U�&C. O3728 which set forth that no
recipient of federal payments shall submit a false claim for payment. See also 38
U.S.C. H 3801-3812m/hiuh details the administrative remedies for false d8iNo8
and statements made.
16. Federal Debt Status— The Sub-grantee is required to be non-delinquent in their
repayment 8fany Federal debt. Examples 0f relevant debt include delinquent
payroll and other t8XeS' audit diee||V\w8nA86, and benefit overpayments. See
OMB Circular /\-129 and fnnA SF-424B, item number 17 for additional
information and guidance.
17. Fly America Act of 1974 — The Sub-grantee must comply with Preference for
U.& Fl3gAirCorrieyS: (aircarriershU|dingC8difiouteeunder40U.S.C. G411O2)
for international air transportation of people and property to the extent that such
service is available, in accordance with the International Air Transportation Fair
Competitive Practices Act 0fY974 (40 U.S.C. 0 40118) and the interpretative
guidelines issued by the Comptroller General of the United States in the March
31. 1QO1. amendment tV Comptroller General Decision R138Q42, `
18. Hotel and Motel Fire Safety Act Vf1DQn~ |V accordance with Section 8of the Act
(15U.S.C. 82225(a))' the Sub-grantee must ensure that all conference, meeting,
cOnVentimn, or training space funded in whole or in part with Federal funds
complies with the fire prevention and control guidelines of the Federal Fire
Prevention and CDUbIl/u[t0fYA74' 15U.S.C. G2225.
19. Limited English Proficiency (Civil Rights Act0fY0O4' Title VD — TUe Sub-
grantee must comply with the Act's prohibition against discrimination on the
basis of national origin, which requires that recipients of federal financial
assistance take reasonable steps to provide meaningful access to persons
with limited English proficiency (LEP) to their programs and services.
Providing meaningful mooeGS for persons with LEP may entail providing
language assistance services, including oral interpretation and written
translation. |8 order tu facilitate compliance with Title VI, recipients are
encouraged to consider the need for language services for LEP persons
served or encountered in developing program budgets. Executive Order
� 13166. /n1p»8v/ng AOC8sx to Services for Pocau0x with Limited English
� Proficiency (August 11` 2000), requires federal agencies to issue guidance
to recipients, assisting such organizations and entities in understanding their
language access obligations. DHS published the required recipient guidance
in /\p[i{ 2011, DH3 CUid8Uoe to Federal Financial Axo/nfaoce Recipients
Regarding Title V/ Prohibition Against National Origin Discrimination
Affecting Limited English Po)fio/wn/ Po/8onx' 70 Fed. Reg. 21755~21768.
(April 18. 2811). The Guidance provides helpful information such as how a
recipient can determine the extent Vf its obligation to provide language
services; selecting i88QUage services; and elements of an effective plan on
� language assistance for LEP pe7SO8G, For additional assistance and
iofVrnloti0D regarding language access obligations, please refer tothe DHR
�
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Recipient Guidance http://www.dhs.gov/guidance-published-help-department-
supported-organizations-provide-meaningful-access-people4imited and additional
resources on http://www.lep.gov.
20. Lobbying Prohibitions — The Sub-grantee must comply with 31 U.S.C. § 1352,
which provides that none of the funds provided under an award may be
expended by the recipient to pay any person to influence, or attempt to influence
an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with any Federal action concerning the award or renewal.
21. Non-supplanting Requirement — The Sub-grantee must ensure that Federal
funds do not replace (supplant) funds that have been budgeted for the same
purpose through non-Federal sources. Where federal statues for a particular
program prohibits supplanting, applicants or recipients may be required to
demonstrate and document that a reduction in non-Federal resources occurred
for reasons other than the receipt or expected receipt of Federal funds.
22. SAFECOM — If the Sub-grantee is awarded funds to provide emergency
communication equipment and related activities, the Sub-grantee must
comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications
(http://www.safecomprogram.gov/eeg/2014.safecom_guidance_final.pdf).
23. Title IX of the Education Amendments of 1975 (Equal Opportunity in Education
Act) — The Sub-grantee must comply with the requirements of Title IX of the
Education Amendments of 1972 (20 U.S.C. § 1681 at seq.), which provides that
no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any educational program or activity receiving Federal financial
assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part
19.
24. Trafficking Victims Protection Act of 2000 — The Sub-grantee must comply with
the requirements of the government-wide award term which implements Section
106(g) of the Trafficking Victims Protection Act(TVPA) of 2000, as amended (22
U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance
with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218,
November 13, 2007.
In accordance with the statutory requirement, the Agreement shall be terminated,
without penalty, if the Sub-grantee:
a. Engages in severe forms of trafficking in persons during the period of time
that the award is in effect;
b. Procures a commercial sex act during the period of time that the award is
in effect; or
C. Uses forced labor in the performance of the award or subawards under
the award.
25. Rehabilitation Act of 1973—The Sub-grantee must comply with the requirements
of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended,
which provides that no otherwise qualified handicapped individual in the United
States will, solely by reason of the handicap, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance. These requirements pertain to the
provision of benefits or services as well as to employment.
DHS-FEMA-EMPG-FFY 14 Page 11 of 38 City of Kent OEM, E15-135
33
26. USA Patriot Act of 2001 — The Sub-grantee must comply with the requirements
of the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which
amends 18 U.S.C. §§ 175-175c. Among other things, the USA PATRIOT Act
prescribes criminal penalties for possession of any biological agent, toxin, or
delivery system of a type or in a quantity that is not reasonably justified by a
prophylactic, protective, bona fide research, or other peaceful purpose.
27. Use of DHS Sea(, Logo, and Flags — The Sub-grantee must obtain DHS's
approval prior to using the DHS seal(s), logos, crests or reproductions of flags or
likenesses of DHS agency officials, including use of the United States Coast
Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard
officials.
28. DNS Specific Acknowledgements and Assurances — The Sub-grantee
acknowledges and agrees, and will require any sub-recipients, contractors,
successors, transferees, and assignees to acknowledge and agree to comply
with applicable provisions governing DHS access to records, accounts,
documents, information, facilities, and staff'.
a. Cooperate with any compliance review or complaint investigation
conducted by DHS.
b. Give DHS access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the
grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and
other applicable laws or program guidance
C. Submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate back-up documentation to support the
reports.
d. Comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed program guidance.
e. If, during the past three years, the Sub-grantee has been accused of
discrimination on the grounds of race, color, national origin (including
limited English proficiency), sex, age, disability, religion, or familial status,
provide a list of all such proceedings, pending or completed, including
outcome and copies of settlement agreements to the DHS awarding office
and the DHS Office of Civil Rights and Civil Liberties.
f. In the event any court or administrative agency makes a finding of
discrimination on grounds of race, color, national origin (including limited
English proficiency), sex, age, disability, religion, or familial status against
the Sub-grantee, or the Sub-grantee settles a case or matter alleging
such discrimination, the Sub-grantee must forward a copy of the
complaint and findings to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
DHS-FEMA-EMPG-FFY 14 Page 12 of 38 City of Kent OEM, El5-135
34
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)1
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department" means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub-grantee" means the government or other eligible legal entity to which a"sub-
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub-grantee
and any sub-contractor retained by the Sub-grantee as permitted under the terms of
this Grant Agreement. The term "Sub-grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub-grantee Agent" means the official representative and alternate designated or
appointed by the Sub-grantee in writing and authorized to make decisions on behalf
of the Sub-grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the sub-grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL"—is defined and used herein to mean the Public Law.
h. "CFR"—is defined and used herein to mean the Code of Federal Regulations.
I. "OMB"—is defined and used herein to mean the Office of Management and Budget.
j. "WAC"—is defined and used herein to mean the Washington Administrative Code.
k. "RCW"—is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $600,000 or more
in one fiscal year of federal funds from all sources, direct and indirect, are required to
have a single or a program-specific audit conducted in accordance with the Office of
Management and Budget (OMB) Circular A-133-Audits of States, Local Governments,
and Non-Profit Organizations (amended June 27, 2003, effective for fiscal years ending
after December 31, 2003, and further amended June 26, 2007). Non-federal entities
that spend less than $600,000 a year in federal awards are exempt from federal audit
requirements for that year, except as noted in Circular A-133. As defined in Circular A-
133, the term "non-federal entity" means a State, local government, or non-profit
organization, and the term "State" includes Indian tribes. Circular A-133 is available on
the OMB Home Page at hftp://www.omb.gov.
SUB-GRANTEES that qualify as subrecipients required to have an audit must ensure
the audit is performed in accordance with Generally Accepted Government Auditing
Standards (GAGAS) as found in the Government Auditing Standards (the Revised
Yellow Book) developed by the Comptroller General and the OMB Compliance
DHS-FEMA-EMPG-FFY 14 Page 13 of 38 City of Kent OEM, E15-135
35
Supplement. The SUB-GRANTEE has the responsibility of notifying its auditor and
requesting an audit in compliance with Circular A-133, to include the Washington State
Auditor's Office, a federal auditor, or a public accountant performing work using GALAS,
as appropriate. Costs of the audit may be an allowable grant expenditure as authorized
by Circular A-133.
The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub-contractors also maintain auditable
records.
The SUB-GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub-contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB-GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB-GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB-GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB-
GRANTEE's fiscal year(s)to:
Contracts.Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-6032
In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133,
SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE
fiscal year(s)to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB-GRANTEE shall include the above audit requirements in any sub-contracts.
Conducting a single or program-specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A-133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
DHS-FEMA-EMPG-FFY 14 Page 14 of 38 City of Kent OEM, E15-135
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A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB-GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE"ADA"28 CFR Part 35.
The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that
the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub-
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non-procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub-awards to sub-recipients for any amount. With respect to covered
transactions, the SUB-GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub-contractor or sub-recipient or by checking
the System for Award Management (http://www.sam.goy) maintained by the federal
government. The SUB-GRANTEE also agrees not to enter into any arrangements or
contracts with any party on the Washington State Department of Labor and Industries'
"Debarred Contractor List" (http://www.ini.wa.gov/TradesLicensing/PrevWage/Awarding
Agencies/DebarredContractorst}. The SUB-GRANTEE also agrees not to enter into any
agreements or contracts for the purchase of goods and services with any party on the .
Department Of Enterprise Services' Debarred Vendor List
(http://www des wa .ov/services/ContractinciPurchasing/Business/PagesNendor-
Debarment.aspx).
DHS-FEMA-EMPG-FFY 14 Page 15 of 38 City of Kent OEM, E15-135
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A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 10 CFR Part 601, the Sub-grantee hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Sub-grantee to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the Sub-grantee will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; (3) and that, as applicable, the Sub-grantee will require that the language of
this certification be included in the award documents for all subawards at all tiers
(including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into, and is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code.
A.9 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB-GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB-GRANTEE who exercises any functions:or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest,
direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement.
The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.10 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT
POLICIES
The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is
not responsible for determining, compliance with, any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, and/or policies. This
obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy
Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities
Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL
93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against
Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56),
Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW
43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19,27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
i
DHS-FEMA-EMPG-FFY 14 Page 16 of 38 City of Kent OEM, E15-135
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A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for
any purpose not directly connected with the administration of the DEPARTMENT's or the
SUB-GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT or as
required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party
may request a dispute resolution panel to resolve the dispute. A request for a dispute
resolution board shall be in writing, state the disputed issues, state the relative positions
of the parties, and be sent to all parties. The panel shall consist of a representative
appointed by the Department, a representative appointed by the Contractor and a third
party mutually agreed upon by both parties. The panel shall, by majority vote, resolve
the dispute. Each party shall bear the cost for its panel member and its attorney fees
and costs, and share equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE, or SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)1Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT's Authorized
Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or
Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
DHS-FEMA-EMPG-FFY 14 Page 17 of 38 City of Kent OEM, E15-135
39
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUB-
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a "Termination for
Cause"without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and
Modifications" to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB-GRANTEE.
A.17 NONDISCRIMINATION
The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color; sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.18 NOTICES
The SUB-GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETYIHEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT(OSHA/WISHA)
The SUB-GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB-GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so
comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and, by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB-
GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
DHS-FEMA-EMPG-FFY 14 Page 18 of 38 City of Kent OEM, El5-135
40
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT's name is mentioned or language used from which the connection of the
DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied.
The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the SUB-GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and/or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB-
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.25 RECORDS
a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records").
b. The SUB-GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB-
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB-GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB-GRANTEE's normal working day.
DHS-FEMA-EMPG-FFY 14 Page 19 of 38 City of Kent OEM, E15-135
41
d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.28 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN
While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the SU8-GR/\NTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way tu the project.
Prior tuthe start nf any construction activity, the SUB-GRANTEE ahe|| ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may b8 brought against the SUB-GRANTEE in connection with the project.
The SUB-GRANTEE shall not look tVthe DEPARTMENT' or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and/or attorneys' fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
A.27 `
If any 08Ud of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
� Grant Agreement are declared severable.
�
A.28
|
The SUB-GRANTEEcompetitive pranunan1entprocess iU the avxordofany
� -'-
contracts with contractors Vrsub-contractors that are entered into under the original
contract award. The procurement process followed shall b* i8 accordance with 44CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, o[ with OMB Circular /\-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE.
Sub-Grantees must comply with the following provisions regarding procurement, and all
Sub-Grantee contracts with sub-contractors or sub-recipients must contain the following
provisions regarding procurement, per 44CFR Part 13.3G/i\:
1. Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (All contracts more than the simplified acquisition threshold).
2. Termination for cause and for convenience by the grantee or sub-grantee including .
the manner by which it will be effected and the basis for settlement. (All contracts in
excess Of$10'UO0\.
� 3� Compliance with Executive Order 11246 of September 24, 1085, entitled "Equal
� Employment OppVytUnih//" as amended by Executive Order 11375 of October 13.
1967, and as supplemented in Department of Labor regulations (41 CFRch8pt8r
DHS'FEM8,EMP8'FFY14 Page 2Oof30 City nf Kent OEM, E15435
42
60). (All construction contracts awarded in excess uf $1O'000 bv grantees and their
contractors uysUb~or@nteeo\.
4. Compliance with the Copeland "A8ti-Kiokback'' Act (18U.S.C. D74) ansupplemented
in Department of Labor regulations (29 CFR Part 3). (All contracts and sub-grants for
construction 8rr8pai[).
5. Compliance with the Davis-Bacon Act /4OU.S.C. 27UotU2768-7\ mssupplemented
by Department of Labor regulations (29 CFR part 5). (Construction contracts in
excess of $2,000 awarded by grantees and sub-grantees when required by Federal
grant program |egiS|otiun).
O. Compliance with Sections 103 and 107 of the Contract Work HnO[8 and Safety
Standards /\0t (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (2ACFR Part 5). (Construction contracts awarded by grantees and sub-
grantees in excess of $2,UUU. and in excess ufB2'50Ofor other contracts xVhi&b
involve the employment Of mechanics 0| |uborera\.
7. Notice of awarding agency requirements and regulations pertaining to reporting.
8. Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
ofnr under such contract.
9. Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10. Access by the grantee, the sub-grantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent
to that specific contract for the purpose of making audit, examination, excerpts, and
' transcriptions. '
11. Retention of all required records for three years after grantees or sub-grantees make
final payments and all other pending matters are closed.
12. Compliance with all applicable standards, orders, or requirements issued under
� section 3DG0f the Clean Air Act (42U.S.C. 1O57(h)\. section 5U8Of the Clean Water
� Act (33U.S.C. 1388), Executive Order i173D, and Environmental Protection Agency
� r8�U|@tinns /�OC�Rp8r115\ (All contracts, 8uU~nontrants. and sub-grants Vf
! ` ' `
' amounts in excess of$1O0U0[)
� , `�
13. Mandatory standards and policies relating to energy efficiency which are contained iR
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(Pub. L. 84-1G3' 8& StGL871).
The DEPARTMENT reserves the right to review the, Sub-Grantee procurement plans
and duoumentS, and require the Sub-Grantee to make changes to bring its plans and
documents into compliance with the requirements of44CFR Part 13.3G. The Sub-
Grantee nQOnt ensure that its procurement process requires contractors and
subcontractors to provide adequate documentation with sufficient detail tV support the
costs of the project and to allow both the Sub-Grantee and DEPARTMENT to make a
determination nn eligibility nf project costs.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement byreference.
X28 SUB-GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or
| DHS'FEMX'EYNP8-FFY14 Page 21of38 Citynf Kent OEM,E15-1J5
43
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.0GRCVV.
|tia understood that ifthe SUB-GRANTEE iS another state department, state agency,
state university, state college, state community college, state board, or state
commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason 0f this Grant Agreement.
A.3O TAXES, FEES AND LICENSE
—Unless--��� othoowi9e provided in this Grant Agreement, the SUB-GRANTEE shall be
responsible for, pay and maintain in current status all taxes, uUeDlp|oVno8nt
contributions, k*eS. licenses, assessments, permit charges and expenses of any other
kind for the SUB-GRANTEE or its staff required by statute or regulation that are
applicable t0 Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding
terminate this Grant Agreement by providing written notice of such termination to the
, DEP/\F|TMENTS's Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (3O) days prior tU such date.
EXceD[ ou otherwise provided iD this <�[entAon}ement, the DEPART�WENT, in its sole
discretion and in the best interests uf the State of Washington, may terminate this Grant
Agreement in \whu|8 or in pad by providing ton (10) calendar days written notice,
beginning on the second day after n18i|iUg to the SUB-GRANTEE. Upon notice
termination forconvenience, the DEPARTMENT reserves the right to suspend all 0[ part
of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from
incurring additional obligations Rffunds. |n the event 8f termination, the SUB-GRANTEE
shall be liable for all damages aG authorized by law. The rights and remedies ofthe
DEPARTMENT provided for in this section shall not be exclusive and are in addition tO
any other rights and remedies provided bylaw.
&.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event�--� the DEPARMENT' in its sole discretion, determines the SUB-GRANTEE
� has failed to fulfill in a timely and proper manner its obligations under this Grant
� Agreement, is in an unsound financial condition ou as to endanger performance
hereunder, iSin violation Of any laws or regulations that render the SUB-GRANTEE
� b| t �b ofuftb� (�r8A� /\Qre�nl8nt
unable o perform 88y �u�� . or has violated any Vfthe
� covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
�
The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall
not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB-GRANTEE an opportunity to oUha. the DEPARTMENT Sh8U notify the SUB-
GRANTEE in writing of the need to take corrective action. If the corrective action is not
taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if
such ourn8ntiVe action is deemed by the DEPARTMENT to be insufficient, the Grant
Agreement may be terminated in whole orinpart.
�
� DH8-FEM/-EMP{-FFY14 Page 22nf08 City of Kent OEM, E15-1J5
�
44
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB-GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB-GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence,
the termination shall be deemed to be a "Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB-
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed
work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. Th
e
DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB-GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in the
notice;
s services supplies, equipment
r sub-contracts for material ,
b. Pl
ace no further orders o pp
and/or facilities in relation to this Grant Agreement except as may be necessary for
completion of such portion of the work under the Grant Agreement as is not
terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed
by the DEPARTMENT, all of the rights, title, and interest of the SUB-GRANTEE
under the orders and sub-contracts so terminated, in which case the DEPARTMENT
DHS-FEMA-EMPG-FFY 14 Page 23 of 38 City of Kent OEM, E15-135
45
has the right, at its discretion, to settle or pay any or all claims arising out of the
termination of such orders and sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and sub-contracts, with the approval or ratification of the DEPARTMENT to the
extent the DEPARTMENT may require, which approval or ratification shall be final for
all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to
the extent directed by the DEPATMENT any property which, if the Grant Agreement
had been completed, would have been required to be furnished to the
DEPARTMENT;
f. Complete performance of such part of the work as shall not have been terminated by
the DEPARTMENT in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require, for
the protection and preservation of the property related to this Grant Agreement which
is in the possession of the SUB-GRANTEE and in which the DEPARTMENT has or
may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB-GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking)that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB-GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Grant
Agreement. The SUB-GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon
strict performance of any provision of the Grant Agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by, the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB-GRANTEE, by.execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
DHS-FEMA-EMPG-FFY 14 Page 24 of 38 City of Kent OEM, E15-135
46
Exhibit C
14EMPG WORK PLAN
Emergency Management Organization: City of Kent—Office of Emergency Management
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG funding should relate directly to
the five elements of emergency management: prevention; protection; response; recovery, and mitigation.
Washington State does not require a specific number of activities to receive EMPG funding. However,
there are required capabilities that must be conducted in order to remain eligible for EMPG funding,
including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan
and be NIMS compliant. The Work Plan delineates the EMO's emergency management program planning
and priority focus for this grant cycle (to include 14EMPG grant and local funds).
Program Area#1 Public Education / Community Training
To educate the citizens of the types of disasters and threats that could happen in this region and to help
them understand ways they can prevent, assist and help in the during the different phases of a disaster.
By having more citizens trained and/or having a greater understanding of what to do in a disaster it will help
in the rebuilding of our community by having fewer injuries and less strain on emergency personnel.
Emergency Management Function: Crisis Communications, Public Education and Information
Sustainment or
# Activit Enhancement
Community Emergency Response Team (CERT) sustainment
Teach two iterations of the full 8 week long FEMA CERT course using the
1 approved curriculum. Accommodate students from the general citizenry in
Description: Kent and Fire District 37, the business community in the greater Kent area,
N
Community
employees from the City of Kent, City of Covington, Kent Fire
w Department, and Kent/Covington Schools
F
>_ Business/Neighborhood/School Trainings sustainment
U 2 Conduct public disaster/emergency preparedness education programs for
¢ Description: the citizens, schools, and businesses in the community.
CERT Continuing Education sustainment
3 Conduct continuing education classes for past CERT graduates, to improve
Description: and refresh skills, and to enhance ability to respond in the community.
No
Program Area#2 Kent Communication Support Team (KCST)
KCST's primary role is providing communications for the ECC and staffing RFA station emergency
communications, and meets and trains regularly to maintain a roster of competent communications
KCST conducts week) drills and periodic re ional/statewide exercises such as field day, the
volunteers p 9
Y
great shakeout and on 5th Saturdays. The emphasis in on filling communications gaps identified in the
communication plan. Gaps were related to sufficient trained staff, a mobile communications cache, and
communications inter—operability inter-operability with dispatching agencies and neighboring jurisdictions.
Emergency Management Function: I Crisis Communications, Public Education and Information
DHS-FEMA-EMPG-FFY 14 - Page 25 of 38 City of Kent OEM, E15-135
47
Sustainment or
# Activity Enhancement
Field Day Sustainment
KCST participates in the annual "Field Day" nation-wide exercise which
emphasizes emergency communications. This two-day exercise is
1 conducted in the field and relies on emergency power, and provides a
Description: chance to test the gasoline generators and our disaster communications
center kits, as well as coordination with local CERT teams.
5th Saturday Drill enhancement
Kent Communications Support Team (KCST)to holds a drill on each 5th
Saturday in 2014/1015. In addition to taking part in the emergency scenario
2 designed by the state EMD, KCST conducts its own exercise to achieve
Description: local objectives. The drill includes communicating with King County, regional
EOC, and with the state EMD in a variety of redundant communications,
such as phone, fax, amateur radio, and email.
Weekly NETS/ Regular meetings sustainment
w Weekly nets are radio-based "meetings" requiring members to use radio
equipment to check-in, pass formal or informal messages, and verify the
> 3 proper operation of their equipment. The"net control' role is rotated through
4 Description: the membership to give each practice in this important skill. In addition, the
KCST team meets monthly to conduct business and offer short training
sessions on technical and preparedness topics.
Developing mobile communications capability enhancement
The KCST continues to enhance its mobile/portable communications
capability by re-activating a portable "disaster communications center"for
4 the City. In addition, some older equipment is being re-purposed to serve as
Description: a part of a radio cache to be distributed as needed in an emergency
situation. Along with the positioning of equipment, procedures and trainings
are in development to make more volunteers competent in system use.
Participate in development of regional communication plan enhancement
Team members participate in the development of a regional communications
5 plan by documenting equipment, procedures, and systems currently used in
Description: the Kent ECC. Based on identified capabilities and gaps, recommendations
are made to resolve the problems and implement best practices.
Program Area#3 Community Events
To discuss with the community the importance of disaster preparedness and make them aware of the
disasters/threats in our community. Also to teach our younger community the importance of preparedness
through activities geared towards kids of all ages.
Emergency Management Function: Crisis Communications, Public Education and Information
DHS-FEMA-EMPG-FFY 14 Page 26 of 38 City of Kent OEM, E15-135
48
Sustainment or
# Activity Enhancement
Cornucopia/Covington Days sustainment
1 Set up and staff visual public display emergency preparation booths for(2)
Description: large citywide events (Kent Cornucopia Days and Covington Days); and
distribute preparedness information and flyers.
National Night Out I sustainment
National Night Out (NNO) is a neighborhood crime prevention and
2 preparedness event held every August. Kent OEM visits with multiple
Description: neighborhoods to hand out disaster preparedness information and talk to the
community about personal/neighborhood disaster preparedness and the
CERT Class.
w Kid Safety Day sustainment
King County Fire& Life Safety Association host's the Annual Kid's Safety
FDay at the museum of flight every July. Fire/Police/Emergency Management
v
Q 3 Description: Departments from the region get together to talk to kids about safety. Kent
OEM has a tent for kids to participate in a preparedness activity and also
hands out flyers and information to parents to include disaster preparedness
and CERT training opportunities.
You , Me,We Event sustainment
4 A free annual event in Kent every August to celebrate kids in the community,
Description. with a preparedness activity booth for kids, as well as handing out important
disaster preparedness information to children and adults.
School Events sustainment
5 Conduct disaster/emergency preparedness education programs for the
Description: schools in the community.
NEEMBE
Program Area#4 Operational Communication
Ensure communication is maintained and personnel are well trained; participate in multiple radio drills;
develop a backup radios stem plan to ensure redundant communications in a disaster.
Emergency Management Function: I Crisis Communications, Public Education and Information
Sustainment or
# Activity Enhancement
CEMNET sustainment
Work with EMD to ensure Comprehensive Emergency Management Network
1 (CEMNET) capability is maintained and participate in scheduled testing
Description: between local Emergency Operations Center (EOC) or similar facility and the
u> state EOC.
LU
F Citywide Radios sustainment
>_ Conduct a monthly Citywide radio drill on the 800 MHz radio Kent Citywide
Q2 Description: Radio System between the Kent ECC and all designated Department
Operating Centers (DOC's).
County 800 MHz sustainment
3 Description: Participate in the King County 800 MHz radio test monthly.
4 VHF sustainment
DHS-FEMA-EMPG-FFY 14 Page 27 of 38 City of Kent OEM, E15-135
49
Working with City Radio shop to develop a backup radio system and
Description: communications plan.
Program Area #6 Exercises/Testing /Training
Continue to enhance capabilities through testing, exercises and training.
Emergency Management Function: I Exercises, Evaluations and Corrective Actions
Sustainment or
# Activity Enhancement
School Exercises trainings enhancement
To participate in the design, conduct, and evaluation of at least one exercise
Description:
during the performance period.
2 Great Washington Shakeout enhancement
to Description: To participate in the Great Washington Shakeout 2014 Exercise.
W —
P ECG Setup/Drills Trainings enhancement
> Continue to conduct monthly ECC in service days to test systems on a
F= 3
0 Description: rotating basis. All systems such as electronics, displays, forms, and other
material required for activation are checked and tested.
Collaborative training with NGO's, FBO's and other regional partners F_7enhancement
4 To participate in the design, conduct and evaluation of drills/exercise
Description: /trainings with area Non-Governmental Organizations(NGOs), Faith Based
Organizations (FBOs), and other regional partners.
Program Area#6 Professional Development
Continue to enhance professional development of staff through attendance to conferences, trainings, and
classes.
Emergency Management Function: Training
Sustainment or
# Activity Enhancement
FM
Conferences sustainment
1 Send staff to approved conferences, such as but not limited to, Partners in
Description: and WSEMA to enhance personnel professionalism in
emergency management.
Trainings/Classes sustainment
2
Send staff to approved available trainings/classes to enhance professional
Description:
I development in emergency management.
EMI F sustainment
3 Send staff to approved available FEMA EMI (Emergency Management
Description: Institute) classes to enhance professional development in emergency
management.
WSEMA, Partners, IAEM, Zone 3 EM, EMAC sustainment
4
Description: I Participate in local emergency management organization meetings.
DHS-FEMA-EMPG-FFY 14 Page 28 of 38 City of Kent OEM, E15-135
50
Program Area#7 Planning
Continue to review, coordinate, and participate in required and other,planning that supports Kent
Emergency Management.
Emergency Management Function: Operational Planning
Sustainment or
# Activity Enhancement
CEMP sustainment
To review the Comprehensive Emergency Management Plan (CEMP) and
1 supporting Emergency Support Functions (ESFs)for compliance with both
Description: the National Response Framework and National Incident Management
System. Update plan based on gaps identified during exercises and incident
response.
COOP sustainment
2 To continue to coordinate COOP plan development for all city departments,
w Description: review draft plans and assist with standardizations for essential functions.
~ Sara Title 3 -Tier 11 sustainment
3I To Receive, Review and Document Tier Its from Hazmat facilities in Kent,
Description: updating to close gaps identified during exercises and incident response.
NIMS I sustainment
4 To be fully compliant with Federal National Incident Management System
Description: (NIMS)training requirements, and track personnel training completion.
Workgroups,(Citizen Corp, Mass Care, LEPC, EPC, RCPG) Isustainment
To continue participation in and/or conduct local emergency management
5 workgroups/meetings, including LEPC (Local Emergency Planning Group),
Description: EPC (Kent Emergency Planning Committee), RCPG (Regional Catastrophic
Plannin Grou ,Mass Care and Citizen Corp.
FARNEW
Program Area#8 Upgrades/Improvements
Expand the capabilities and effectiveness of the Kent ECC, DOC's, Volunteer Management and KCST.
Emergency Management Function: I Operations and Procedures
Sustainment or
# Activity Enhancement
ECC enhancement
1 Identify enhancement opportunities of the Kent OEM ECC and plan for
Description: upgrades and updates.
DOC enhancement
2 Identify enhancement opportunities of Kent DOC's (Department Operating
w Description: Centers)functionalities and capabilities and plan for upgrades and updates.
F
> Volunteer Management enhancement
v 3 Develop and train a volunteer team to support multiple functions within the
4
Description.,p ECC and/or Disaster Preparedness/Recovery as per WAC 118.04
KCST r enhancement
4 Acquire and deploy approved mobile radio equipment to provide emergency
Description: backup communications service for all responder sites, to include training of
operators and assembling of mobile kits, which are self contained and
DHS-FEMA-EMPG-FFY 14 Page 29 of 36 City of Kent OEM, E15-135
51
supports both voice and data communications, independent of commercial
communications infrastructure. Obtain a cache of emergency
communications equi ment.
Program Area#9 1 Public Information and Warning
Continue to communicate with the public via multiple ways in order to relay emergency information,
preparedness info, class/trainings schedules or any other important information that the public may need.
Emergency Management Function: I Communications and Warning
Sustainment or
# Activity Enhancement
Code Red sustainment
1 To maintain and update the reverse 911 community alert system (CodeRed)
Description: for Kent.
Social Media (Face Book, Twitter) sustainment
2 Description: To utilize the city and fire dept. social media channels to communicate with
the community.
Website sustainment
3 To utilize the city and fire dept.WebPages as a resource for outreach and
W Description: information to the local, regional, and business communities.
H
> Emergency Alert System (EAS) I sustainment
U Work with the local Area Emergency Alert System (EAS) Committee to
a 4 complete a EAS plan and the Local Relay Network (LRN) per existing
Description: guidance from the FCC,•FEMA, and the State Emergency Communications
Committee with assistance from the State EMD Telecommunications staff.
Community Rating System (CRS)/Storm Ready I sustainment
Review the requirements for the FEMA Community Rating System including
5 any impact analysis reports and CRS activities. Coordinate activities with
Description: Public works to determine activities necessary and achievable to reduce
insurance premiums; participate and renew Storm Ready Communities
within Kent.
MENOMME
Program Area #10 Hazard Mitigation
Work to mitigate known hazards to the area and research current and new threats. Develop programs and
procedures when necessary to address hazards.
Emergency Management Function: IHazard Mitigation
Sustainment or
# Activity Enhancement
Research and mitigation plan development for different hazards in the sustainment
Kent area. (Landslides, oil/coal trains, etc)
w 1 Continue public awareness level for current and future hazards and threats
F Description: to the region. Incorporate into existing plans and procedures.
FPipeline awareness and plan development sustainment
v 2 Continue an awareness of hazards associated with pipelines. Attend local
¢ Description.,
and regional meetings/training to address issues.
3 1 Cyber security sustainment
DHS-FEMA-EMPG-FFY 14 Page 30 of 38 City of Kent OEM, E15-135
52
Continue an awareness of cyber security issues and how they relate to
emergency management. Coordinate work with information technology
Description: department to enhance security. Attend local and regional meetings &
trainings to address issues.
Plan Maintenance for Hazard Mitigation Plan sustainment
4 Review and update hazard mitigation plan in coordination with King County
Description: OEM.
Program Area#11 Marketing and Information Support
To expand our services to non-English speaking or hard of hearing/deaf community and to increase
marketing through multiple channels to include vehicle graphics, marketing documents, flyers, and to
increase ability document development to enhance the emergency management program.
Emergency Management Function: I Administration and Finance
Sustainment or
# Activity Enhancement
Interpretation and Translation services enhancement
1 To utilize interpreters or translation services when needed in
Description: trainingslexercises in order to communicate effectively with the public.
Vehicle Graphics I enhancement
2 1 To enhance vehicles with graphics that supports the emergency
Description: management mission and the KCST team.
N
W Document and manual printing enhancement
j 3 Printing of Emergency Management documents and manuals for public
v Description: education distribution.
a Document development enhancement
4 Creation of documents for our ECG, DOC, KCST, etc, to enhance functional
Description: ability
Technology development enhancement
5 Research and update approved software and other related technology, and
Description: develop or research systems that serve the community more efficiently.
Program Area#12 OEM Vehicles
Purchase 2 cargo vans: 1 cargo van for Kent Communications Support Team (KCST) and 1 cargo van for
Kent Office of Emergency Management. There is no plan to replace current vehicles from local funding.
Emergency Management Function: Crisis Communications, Public Education and Information
Sustainment or
# Activity Enhancement
DHS-FEMA-EMPG-FFY 14 Page 31 of 38 City of Kent OEM, E15-135
53
co Purchase Vehicles enhancement
w 1
H
Description: Purchasing of two approved cargo vans.
HEquip Vans sustainment
v 2 Equip vans with the necessary equipment such as radios, antennas,
Description: computers, etc., to achieve operational objectives
Program Area#13 LEPC
Continue to support the growth of regional hazmat response and facility coordination through trainings and
drills. Coordinate and conduct analysis of crude oil movement through the valley and its impacts. Continue
database support for Tier 11 sites/integrate into response access. Ensure EPCRA mandates are met.
Hazard Identification, Risk Assessment, and Consequence
Emergency Management Function: Analysis
Sustainment or
# Activity Enhancement
Drills/ Exercises sustainment
Coordinate with Zone 3 hazmat teams to conduct drills and exercises in
1 Description: existing facilities or through simulation to test plans, personnel, and
equipment capabilities. Continue to coordinate with Zone 1 & Zone 5 hazmat
teams regarding collaboration of functionality.
Hazmat Mitigation Emergency Response Plan (HMERP) sustainment
rn 2 Update the Kent HMERP to include recent changes and data inputs
W Description:
F= I regarding Tier II sites, response areas, and overall mission guidance.
F
Local/ Regional Meetings sustainment
a Represent the LEPC on the King County Emergency Management Advisory
3 Committee at the monthly meetings. Participate with the King County LEPC.
Description: Conduct Kent LEPC meetings as needed and support website accuracy on
current events related to hazardous materials.
Database Management sustainment
4 r II database created by Kent LEPC for use by external
DescriptionJp=artners as King County and Zone 3 hazmat partners and affiliates.
DHS-FEMA-EMPG-FFY 14 Page 32 of 38 City of Kent OEM, E15-135
54
Exhibit D
MILESTONE TIMELINE
FFY14 Emergency Management Performance Grant Program
MILESTONE TASK
June 1, 2014 Start of Grant Agreement performance period.
January 31, 2015 Submit reimbursement request
June 30, 2015 Submit reimbursement request
August 31, 2015 End of grant performance period.
October 15, 2015 Submit final reimbursement request, additional reports, and/or
deliverables.
DNS-FEMA-EMPG-FFY 14 Page 33 of 38 City of Kent OEM, E15-135
55
Exhibit
Budget Sheet
FFY14 Emergency Management Performance Grant Program
SOLUTION
AREA BUDGET CATEGORY xwnOumT wxnmnlvc
EM Office Supplies,materials,Instructional
(D s upport for day to day operations,IT,copier
0 Goods &Services $ 1,300 usage,phones and uniforms
Tools/Equipment-2 vehicle purchases for Kent
OEM and Kent Communication SupportTearn
Supplies,Materials,Instructional Supportfor
Z Travel/conferences/Registration/Per
Diern/Training. Examples are WSEMA,EMI,
Supplies,Materials,Instructional Supportfor
Goods&Services 800 OEM exercises
TOTAL Grant Agreement Contract
93,525
^ City of Kent' Office of Emergency Management(OEM) will provide a match of$93,525, 50% of the total project cost
(}noal/thba|budget plus EMPSa*mrd). cf non-federal origin.
• Cumulative changes to budget categories in excess of 10% of the grant agreement award will not be reimbursed
without prior written authorization from the Department.
w This award will not bo used tu supplant the local/tribal funds.
p The Department's Reimbursement Spreadsheet must accompany each reimbursement request submitted.
^ The Sub-grantee agrees to make all records available to Department staff, upon request.
Funding Source: U.S. Department of Homeland Security-P|#74SPT—EMPG
56
ATTACHMENT#1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The
FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be
made available to the public via a single, searchable website. Federal awards include grants, subgrants, loans,
awards, cooperative agreements, and other forms of financial assistance as well as contracts, subcontracts,
purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual
transactions below$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance Subrecipients
are required by the Military Department to be familiar with the FFATA requirements and complete this
Worksheet for each contract for the State's submission in to the FFATA portal.
ADDITIONAL PROVISIONS
A. This grant agreement contract (subaward) is supported by federal funds, requiring compliance with the
Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a) of
Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this grant agreement contract, the
sub-grantee agrees to provide all applicable reporting information to the Washington Military
Department(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov)
containing information about entities that are awarded Federal grants, loans, and contracts. As
required by FFATA and OMB Guidance, certain information on the first-tier subawards related to
Federal contracts and grants, and the executive compensation of awardees, must be made publicly
available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than
$25,000, reporting of the subaward and executive compensation information is required. If the initial
subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or
over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward
exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de-
obligated such that the total award amount falls below $25,000, the subaward continues to be subject
to the reporting requirements of the Transparency Act and OMB Guidance.
D. As'a Federal grant subawardee under this grant agreement contract, your organization is required by
FFATA, OMB Guidance and this grant agreement contract to provide the WMD, as the prime grant
awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number,
and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD. System for Award
Management (SAM) is a government wide registration system for organizations that do business
with the Federal Government. SAM stores information about awardees including financial account
information for payment purposes and a link to D&B for maintaining current DUNS information,
http://www.sam.gov. WMD requires SAM registration and annual renewal by your organization to
minimize unnecessary data entry and re-entry required by both WMD and your organization. It will
also reduce the potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS) number obtained from
the firm Dun and Bradstreet (D&B) (http://www.dnb.com). A DUNS number provides a method to
verify data about your organization. D&B is responsible for maintaining unique identifiers and
organizational linkages on behalf of the Federal Government for organizations receiving Federal
assistance.
DHS-FEMA-EMPG-FFY 14 Page 36 of 38 City of Kent OEM, E15-135
57
E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the
five (5) most highly compensated officers of your organization (as the subawardee) if:
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its
annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues
from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or 15(d) of the
Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash value
earned by the executive during the past fiscal year and includes salary and bonus; awards of stock,
stock options and stock appreciation rights; and other compensation such as severance and
termination payments, and value of life insurance paid on behalf of the employee, and as otherwise
provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross
revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal
awards, and (2) the public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the
Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986, insert the names and total compensation for the five most highly compensated
officers of your organization in the table below.
DHS-FEMA-EMPG-FFY 14 Page 36 of 38 City of Kent OEM, E15-136
58
WORKSHEET
Subrecipient Agency:
Grant and Year: Agreement Number:
Completed by:
Name Title Telephone
Date Completed:
STEP f
YES STOP, no further analysis NO �
Is your grant agreement less than $25,000? t t GO to Step 2
needed, GO to Step 6 r
o- 0
t :STEP 2
In your preceding fiscal year, did your YES NO STOP, no further
organization receive 80%or more of its annual GO to STEP 3 analysis needed, GO
gross revenues from federal funding? r e r r to Step 6
STEP .
In your preceding fiscal year,did your YES NO STOP, no further
organization receive$25,000,000 or more in GO to STEP 4 analysis needed, GO
federal funding? r'r r 4 to Step 6
Via , =rSTEP`4 �'
Does the public have access to information about _ YES NO
the total compensation"of senior executives in STOP, no further analysis GO to STEP 5
your organization? r'` needed, GO to step 6 r r
Name.,
Executive#1 Total Compensation amount: $
Executive#2 Name:
Total Compensation amount: $
Executive#3
Name-
Total Compensation amount: $
. .Name: . .. . ....
Executive#4 Total Compensation amount: $
Executive#5 "
Name:
Total Compensation amount: $
t
ST,EP fi
t
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25 000."
Signature: Date:
Total compensation refers to:
e Salary and bonuses
m Awards of stock, stock options, and stock appreciation rights
® Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
hftp://www.whitehouse.gov/omb/open
http://www,hrsa.gov/qrants/ffata.htmi
hftp://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705,pdf
hftp://www.grants.gov/
DHS-FEMA-EMPG-FFY 14 Page 37 of 38 City of Kent OEM, El5-135
59
ATTACHMENT#2
OMB Circular A-133 Audit Certification Form
Audits of States, Local Governments, and Non-Profit Organizations
A.Contact Information
Subrecipient(Sub-Grantee) Name(Agency,Local Government,or Organization):
Authorized Chief Financial Officer(central Accounting Office):
Address:
Email: Phone#:
Purpose: As a pass-through agency of federal grant funds, the Washington Military Department/Emergency Management Division
(WMD/EMD) is required by Office of Management and Budget(OMB) Circular A-133 to monitor activities of subrecipients to ensure
federal awards are used for authorized purposes and ensure that subrecipients expending$500,000 or more in federal awards during
their fiscal year have met the OMB Circular A-133 Audit Requirements. Your entity is a subrecipient subject to such monitoring by
MILIEMD because it is a non-federal entity that expends federal grant funds received from MIL/EMD as a pass-through entity to carry
out a federal program. OMB Circular A-133 can be found at htt,7alwww.whitehouse.govlsitesldefaulUfrleslomblassetslal331
a133 revised 2007.odf,and it should be consulted when completing this form.
Directions: As required by OMB Circular A-133, non-federal entities that expend $500.000 in federal awards in a fiscal year shall
have a single or program-specific audit conducted for that year. If your entity is not subject to A-133 requirements, you must
complete Section A of this Form. If your entity is required to complete an A-133 Audit, you must complete Section B of this form.
When completed, you must sign, date, and return this form with your grant agreement contract and every fiscal year thereafter until
the grant agreement contract is closed. Failure to return this completed Audit Certification Form may result in delay of grant
agreement processing,withholding of federal awards or disallowance of costs,and suspension or termination of federal awards.
SECTION A: ,Entities NOT sub'ect to the audit re`uirements of OMB CircularA-133
Our entity is not subject to the requirements of OMB Circular A-133 because(check all that apply):
❑ We did not expend$500,000 or more of total federal awards during the fiscal year.
❑ We are a for-profit agency.
❑ We are exempt for other reasons(describe):
However,by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s)
in which we participate,that we are required to maintain records of federal funding and to provide access to such records by federal
and state agencies and their designees,and that WMD/EMD may request and be provided access to additional information andtor
documentation to ensure proper stewardship of federal funds.
SECTION Br Entities that ARE subject to the repuirementsrof OMB CircularA-133
(Complete the information below,and check thea0propriat6 box
❑ We completed our last A-133 Audit on[enter dateL_for Fiscal Year ending[enter date. There were no
findings related to federal awards from WMD/EMD. No follow-up action is required by WMD/EMD as the pass-through entity.
A complete copy of the audit report,which Includes exceptions,corrective action plan and management
response,is either provided electronically to contracts.office(Mmil.wa.aov or provide the state auditor report
number:
❑ We completed our last A-133 Audit on[enter date]_for Fiscal Year ending[enter date] . There were
findings related to federal awards.
A complete copy of the audit report,which includes exceptions,corrective action plan and management response,
is either provided electronically to contracts.office(Mmil.wa.gov or provide the state auditor report
number:
❑ Our completed A-133 Audit will be available on [enter date]for Fiscal Year ending tenter date].
We will provide electronic copy of the audit report to contracts.office(dmil.wa.gov at that time or provide the state
auditor report number:
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that
the above information is true and correct and all relevant material findings contained in audit report/statement have been
disclosed.Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of
federal grant funds from MIUEMD until the grant agreement contract is closed.
Signature of Authorized Chief Financial Officer: Date:
Print Name &Title:
WMD Form 1009-13,8/19/2013
DHS-FEMA-EMPG-FFY 14 Page 38 of 38 City of Kent OEM, E15-135
60
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
PROJECT DESCRIPTION CONTRACT NUMBER
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
I
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
llNAC-lWOLlXHOMEIKARENBI...AWPXSIGNAUTH Revised 3103
61
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD`s files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
62
OMB Circular A-133 Audit Certification Form
Audits of States, Local Governments, mud Non-Profit Organizations
Contact Information
Subrecipient(Sub-Grantee)Name(Agency,Local Government,or Organization):
Authorized Chief Financial Officer(Central Accounting Office):
Address:
Email: Phone#:
Purpose: As a pass-through agency of federal grim funds,the Washington Miliuvy Depm uncnt/Emergency Management Division OArMD/EM1 D)-is
required by Office of Management aid Budget(OMB) Circular A-133 to monitor activities of subrccipients to ensure federal awards are used for
authorized purposes and ensure that subrecipients expending $500,000 or more in federal awards during their Fiscal year have met the OMB
Circular A-133 Audit Requirements. Your entity is a subrecipieut subject to such monitoring by MIL,IF.MD because it is a non-federal entity that
cspends federal grant funds received from MIZ,tEMD as a pass-through entity to carry out a fcder d program. OMB Circular A-133 can be found at
/stun://irrnv.relritehouse.roh/sites/de£aultl6les/amGlasseta/a133/a133 rerdsed 2007�f aid it should be consulted when completing this Rare.
Dnretiousd As required by OMB Circular A-133,non-federal entities that expend $500,000 in federal awards in a fiscal year shall have a.single or
program-specific audit conducted for dint year. If your entity isnotsubject to A-133 requirements,you must complete Section A or this Form. If
your entityis required to complete an A-133 Audit,you must complete Section B of this form. When completed,you must sign,date,:cod return
this form with your grant agreement contract and every fiscal year thereafter until die grant agreement contract is closed. Failure to return thus
completed Audit Certification Form may result in delay of brzant agreement processing,withholding of federal awards or disalloomwe of costs,and
suspension or termination of federal awards.
SEMONA E2adesN0Tsub betto the audit cuts of OMB Ciro A.133
Our entity is not subject to the requirements of OMB Circular A-133 because(ehcele all that apply):
❑ We did not expend$500,000 or more of totalfederal awards during the fiscal year.
❑ We are a for-profit agency.
❑ We are exempt for other reasons(describe):
However,by signing below,I agree that we are stilt subject to the audit requirements,laws and regulations governing the program(s)in which we
participate,that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and
their designees,and that WNM/EMMD may request and be provided access to additional information and/or documentation to ensure proper
stewardship of federal funds.
SEMONR: Endues&atAREsubjectto the rei nirameufa of OMB Gtitn*A:133
(Complete the iniormtition below and check the appropriate box)
❑ We completed our last A-133 Audit on[enter date[ for Fisc l Year ending[enter date[___. There women findings
related to federal awards prom WI ID/EMD. No hollow-up action is required by MrMD/EMD w the pass-through entity.
A complete copy of the audit report,which includes exceptions,corrective action plan and managementresponse,is either
provided electronic*tocontracacoffice@mr7.wagovorprovidethe state auditormportnumber:_
❑ We completed our last AA 33 Audit on[enter dmej_ for Fiscal Year ending[enter date)____. There were findings related
to federal awards.
A complete copy ofthe audit report,which includes exceptions,corrective action plan and management response,is either provided
electronically to contracts.office@mil wa.gov or provide the state mother report number._
❑ Our completed A-133 Audit will be available on[enter date] _ for Fiscal Year ending[enter date.
We will forward a copy of the audit report to you at that time unless it will be available online at:
http://www.
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further,I certify that the above
information is true and correct and all relevant material findings contained in audit report/statement have been disclosed.Additionally,I
understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal grant funds from MIL/EMD
until the grant agreement contract is closed.
Signature of Authorized Chief Financial Officer: Date:
Print Name&Title:
wMD Form 1009-13,8/19/2013
63
LAW DEPARTMENT
440 Tom Brubaker, City Attorney
Phone: 253-856-5781
N'147KEN T Fax: 253-856-6770
WASHING—ON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: November 12, 2014
TO: Public Safety Committee
SUBJECT: Ordinance Amending KCC 9.02 entitled "Criminal Code" — ADOPT
MOTION: Move to recommend Council adopt an ordinance amending
Chapter 9.02 of the Kent City Code, entitled "Criminal Code," to adopt by
reference infractions and misdemeanor crimes established within the
Revised Code of Washington by the state Legislature during its 2014
session for application and enforcement in the City of Kent, to make other
housekeeping amendments, and to adopt Class C felony crimes that may
be used as a basis to support the crime of criminal attempt or criminal
conspiracy, subject to final approval of the Police Chief and City Attorney.
Summary:
Before infractions or misdemeanor crimes established by the state Legislature in the
Revised Code of Washington ("RCWN) may be applied and enforced within the City of Kent,
they must be adopted by the City Council and incorporated into the Kent City Code. While
the City Council has previously adopted KCC 9.02.020.A and KCC 9.02.020.B. to provide
that all RCW misdemeanor, gross misdemeanor, and Class C felony crimes are adopted by
reference for application and enforcement in Kent, Chapter 9.02 of the Kent City Code also
specifically lists those adopted RCWs. While Class C felony crimes cannot be filed and
prosecuted within the Kent Municipal Court, they are adopted into the Kent City Code so
that they may be used as a basis to support the crime of criminal attempt or criminal
conspiracy, which is punishable as a gross misdemeanor.
In its 2014 session, the state Legislature enacted a new crime of coercion of involuntary
servitude, a new civil infraction related to illegal sales of products containing the drug
dextromethorphan to individuals under 18 years of age, and new crimes related to aquatic
animal specifies classified by the state Fish and Wildlife Commission as prohibited or
regulated. These specific laws are explained in more detail in the proposed ordinance.
Because these laws establish new crimes, it is appropriate to amend the Kent City Code to
incorporate them locally. Additionally, in preparing this ordinance, staff compared Ch. 9.02
KCC with the RCW to update previous changes that have been made over time to the RCW
titles, and to add Class C felony crimes that were not specifically listed in the Kent City
Code.
EXHIBIT(S): Ordinance
BUDGET IMPACT: None
S 119UBLICA90LIQ29ad1le S,fety CommitteeA2014ANovember 2014\Pimin,l Cade Amendment,KCC 9.02.do-
1
64
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02
of the Kent City Code, entitled "Criminal Code," to
adopt by reference new infractions and
misdemeanor crimes enacted by the state
Legislature during its 2014 regular session for
application and enforcement in the City of Kent, to
adopt additional laws related to unlawful fishing
and harvesting, and to make other housekeeping
amendments to the criminal code to revise
references made to the Revised Code of
Washington and to adopt Class C felony crimes
that may be used as a basis to support the crime
of criminal attempt or criminal conspiracy, which is
punishable as a gross misdemeanor.
RECITALS
A. During its 2014 legislative session, the Washington State
Legislature adopted three bills that added new criminal provisions to the
Revised Code of Washington ("RCW"). The Kent City Code has adopted by
reference a number of state law provisions for application and enforcement
in the City of Kent. Once a state law is adopted by reference into the Kent
City Code that reference is sufficient for subsequent amendments the
Legislature may make to that state law provision. However, because the
Legislature adopted legislation that created new crimes that did not
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previously exist, it is necessary to amend the Kent City Code to similarly
adopt these new state law provisions by reference for application and
enforcement in Kent.
B. One new crime created by the state Legislature is that of
Coercion of Involuntary Servitude, which is codified at RCW 9A.40.110.
This crime occurs when a person forces the victim to perform labor or
services that the victim has a legal right not to perform, through threats
related to the victim's immigration status. This crime does not include a
report to law enforcement that a person is present in the United States in
violation of his or her federal immigration status if coercion of the victim is
not involved. While the crime of coercion of involuntary servitude is a
class C felony, it is necessary for the City of Kent to adopt this state law
provision so it may be available for use with criminal attempt or criminal
conspiracy charges, which would be punishable as a gross misdemeanor.
C. The state Legislature enacted RCW 69.75.020, which provides
it is illegal for an employee of a commercial entity to sell or trade products
containing the drug dextromethorphan to a person less than 18 years of
age. It is also illegal for a person less than 18 years of age to buy a
product containing dextromethorphan unless that person has a valid
prescription, is an active member of the military and presents valid military
identification, or is emancipated and provides proof of emancipation. A
written warning is provided for the first offense. A second offense is
punishable as a class 1 civil infraction, which has a base fine of $250, to
which statutory costs and assessments are added.
D. The state Legislature also enacted new laws that relate to
aquatic animal species classified by the state Fish and Wildlife Commission
("Fish and Wildlife") as prohibited or regulated. If an aquatic species has
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been classified as invasive or regulated, RCW 77.15.809 provides it is
unlawful to engage in conduct contrary to the provisions enacted to protect
against the invasive species, including mandatory check stations,
inspections, decontamination, possession without authorization, and
introduction of the species into a water body or upon property. It is a
gross misdemeanor to violate RCW 77.15.809. A subsequent violation
within five years of conviction is punishable as a class C felony under RCW
77.15.811(1)(b). It is also unlawful to traffic a species classified as a
Prohibited Level 1 or Level 2 species without authorization from the state
Department of Fish and Wildlife. Similarly, violation of that provision is a
class C felony under RCW 77.15.811(1)(a). In addition to the criminal
penalty that may be assessed, the court may also order the offender to
pay all costs in managing the invasive species, including its progeny, and
the Department of Fish and Wildlife may file a civil lawsuit to recover
habitat restoration costs necessitated by the person's unlawful use of
invasive species. In adopting these fish and wildlife provisions for
application and enforcement in the City of Kent, additional statutory
provisions are also incorporated and adopted, including the penalties that
apply to fishing or harvesting fish, shellfish, or seaweed without the
required license or catch record card, as applicable.
E. Finally, this ordinance makes other housekeeping revisions to
revise references made to the adopted sections of the Revised Code of
Washington and to adopt crimes defined as a Class C felony that may be
used as a basis to support the crime of criminal attempt or criminal
conspiracy, which is punishable as a gross misdemeanor.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
SECTION 1. — Amendment — KCC 9.02.070. Section 9.02.070 of
the Kent City Code, captioned "RCW Title 9A, entitled "Washington
Criminal Code," is amended as follows:
Sec. 9.02.070 RCW Title 9A, entitled "Washington Criminal
Code" — Adoption by reference. The following RCW sections, as
currently enacted or as hereafter amended or recodified from time to time,
are hereby adopted by reference and shall be given the same force and
effect as if set forth herein in full:
RCW
9A.04.020 Purposes — Principles of construction.
9A.04.030 State criminal jurisdiction.
9A.04.050 People capable of committing crimes — Capability of children.
9A.04.060 Common law to supplement statute.
9A.04.070 Who amenable to criminal statutes.
9A.04.080 Limitation of actions.
9A.04.090 Application of general provisions of the code.
9A.04.100 Proof beyond a reasonable doubt.
9A.04.110 Definitions.
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another — Complicity.
9A.08.030 Corporate and personal liability.
9A.12.010 Insanity.
9A.16.010 Definitions.
9A.16.020 Use of force — When lawful.
9A.16.060 Duress.
9A.16.070 Entrapment.
9A.16.080 Action for being detained on mercantile establishment
premises for investigation — "Reasonable grounds" as
defense.
9A.16.090 Intoxication.
9A.16.100 Use of force on children — Policy — Actions presumed
unreasonable.
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9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
9A.36.031 Assault in the third degree.
9A.36.041 Assault in the fourth degree.
9A.36.050 Reckless endangerment.
9A.36.060 Promoting a suicide attempt.
9A.36.070 Coercion.
9A.36.080 Malicious harassment — Definition and criminal penalty.
9A.36.100 Custodial assault.
9A.36.140 Assault of a child in the third degree.
9A.36.150 Interfering with the reporting of domestic violence.
9A.36.160 Failing to summon assistance.
9A.36.161 Failing to summon assistance — Penalty.
9A.40.010 Definitions.
9A.40.040 Unlawful imprisonment.
9A.40.060 Custodial interference in the first degree.
9A.40.070 Custodial interference in the second degree.
9A.40.080 Custodial interference — Assessment of costs — Defense —
Consent defense, restricted.
9A.40.090 Luring.
9A.40.110 Coercion of involuntary servitude.
9A.42.010 Definitions.
9A.42.030 Criminal mistreatment in the second degree.
9A.42.035 Criminal mistreatment in the third degree.
9A.42.037 Criminal mistreatment in the fourth degree.
9A.42.040 Withdrawal of life support systems.
9A.42.045 Palliative care.
9A.42.050 Defense of financial inability.
9A.42.070 Abandonment of a dependent person in the second degree —
Exception.
9A.42.080 Abandonment of a dependent person in the third degree=
Exception.
9A.42.090 Abandonment of a dependent person — Defense.
9A.42.110 Leaving a child in the care of a sex offender.
9A.44.010 Definitions.
9A.44.060 Rape in the third degree.
9A.44.079 Rape of a child in the third degree.
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9A.44.089 Child molestation in the third degree.
9A.44.093 Sexual misconduct with a minor in the first degree.
9A.44.096 Sexual misconduct with a minor in the second degree.
9A.44.105 Sexually violating human remains.
9A.44.130 Registration of sex offenders and kidnapping offenders —
Procedures — Definition — Penalties.
9A.44.132 Failure to register as sex offender or kidnapping offender.
9A.46.010 Legislative finding.
9A.46.020 Definition — Penalties.
9A.46.030 Place where committed.
9A.46.040 Court-ordered requirements upon person charged with crime
— Violation.
9A.46.050 Arraignment — No contact order.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact — Violation.
9A.46.090 Nonliability of peace officer.
9A.46.100 "Convicted," time when.
9A.46.110 Stalking.
9A.46.120 Criminal gang intimidation.
9A.48.010 Definitions.
9A.48.040 Reckless burning in the first degree.
9A.48.050 Reckless burning in the second degree.
9A.48.060 Reckless burning — Defense.
9A.48.080 Malicious mischief in the second degree.
9A.48.090 Malicious mischief in the third degree.
9A.48.100 Malicious mischief — "Physical damage" defined.
9A.48.105 Criminal street gang tagging and graffiti.
9A.48.110 Defacing a state monument.
9A.49.001 Findings.
9A.49.010 Definitions.
9A.48.020 Unlawful discharge of a laser in the first degree.
9A.49.030 Unlawful discharge of a laser in the second degree.
9A.49.040 Civil infraction, when.
9A.49.050 Exclusions.
9A.50.010 Definitions.
9A.50.020 Interference with health care facility.
9A.50.030 Penalty.
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9A.52.010 Definitions.
9A.52.050 Other crime in committing burglary punishable.
9A.52.060 Making or having burglar tools.
9A.52.070 Criminal trespass in the first degree.
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass — Defenses.
9A.52.095 Vehicle prowling in the first degree.
9A.52.100 Vehicle prowling in the second degree.
9A.52.110 Computer trespass in the first degree.
9A.52.120 Computer trespass in the second degree.
9A.52.130 Computer trespass — Commission of other crime.
9A.56.010 Definitions.
9A.56.020 Theft — Definition, defense.
9A.56.040 Theft in the second degree.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.063 Making or possessing motor vehicle theft tools.
9A.56.075 Taking motor vehicle without permission in the second
degree.
9A.56.083 Theft of livestock in the second degree.
9A.56.096 Theft of rental, leased, OF lease-purchased, or loaned
property.
9A.56.130 Extortion in the second degree.
9A.56.140 Possessing stolen property — Definition — Presumption.
9A.56.160 Possessing stolen property in the second degree — Other than
firearm or motor vehicle.
9A.56.170 Possessing property in the third degree.
9A.56.180 Obscuring the identity of a machine.
9A.56.220 Theft of subscription television services.
9A.56.230 Unlawful sale of subscription television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.262 Theft of telecommunication services.
9A.56.264 Unlawful manufacture of telecommunication device.
9A.56.266 Unlawful sale of telecommunication device.
9A.56.270 Shopping cart theft.
9A.60.010 Definitions.
9A.60.020 Forgery.
9A.60.030 Obtaining a signature by deception or duress.
9A.60.040 Criminal impersonation in the first degree.
9A.60.045 Criminal impersonation in the second degree.
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9A.60.050 False certification.
9A.60.060 Fraudulent creation or revocation of a mental health advance
directive.
9A.60.070 False academic credentials — Unlawful issuance or use —
Definitions — Penalties.
9A.61.010 Definitions.
9A.61.020 Defrauding a public utility.
9A.61.040 Defauding a public utility in the second degree.
9A.61.050 Defrauding a public utility in the third degree.
9A.61.060 Restitution and costs.
9A.72.010 Definitions.
9A.72.030 Periury in the second degree.
9A.72.040 False swearing.
9A.72.050 Perjury and false swearing — Inconsistent statements —
Degree of crime.
9A.72.060 Perjury and false swearing — Retraction.
9A.72.070 Perjury and false swearing — Irregularities no defense.
9A.72.080 Statement of what one does not know to be true.
9A.72.085 Unsworn statements, certification — Standards for subscribing
to an unsworn statement.
9A.72.120 Tampering with a witness.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
9A.76.010 Definitions.
9A.76.023 Disarming a law enforcement or corrections officer.
9A.76.025 Disarming a law enforcement or corrections officer —
Commission of another crime.
9A.76.030 Refusing to summon aid for a peace officer.
9A.76.040 Resisting arrest.
9A.76.050 Rendering criminal assistance — Definition of term.
9A.76.060 Relative defined.
9A.76.070 Rendering criminal assistance in the first degree.
9A.76.080 Rendering criminal assistance in the second degree.
9A.76.090 Rendering criminal assistance in the third degree.
9A.76.100 Compounding.
9A.76.150 Introducing contraband in the second degree.
9A.76.160 Introducing contraband in the third degree.
9A.76.170 Bail jumping.
9A.76.175 Making a false or misleading statement to a public servant.
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9A.76.177 Amber alert — Making a false or misleading statement to a
public servant.
9A.80.010 Official misconduct.
9A.82.010 Definitions
9A.82.160 Criminal profiteering lien — Trustee's failure to comply,
evasion of procedures or lien.
9A.84.010 R4etCriminal mischief.
9A.84.020 Failure to disperse.
9A.84.040 False reporting.
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.050 Prostitution — Sex of parties immaterial — No defense.
9A.88.060 Promoting prostitution — Definitions.
9A.88.080 Promoting prostitution in the second degree.
9A.88.085 Promoting travel for prostitution.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
9A.88.120 Additional fee assessments.
9A.88.130 Additional requirements.
9A.88.140 Vehicle impoundment — Fees - Fines.
SECTION 2. — Amendment — KCC 9.02.150. Section 9.02.150 of
the Kent City Code, captioned "RCW Title 69, entitled "Food, Drugs,
Cosmetics, and Poisons," is amended as follows:
Sec. 9.02.150. RCW Title 69, entitled "Food, Drugs,
Cosmetics, and Poisons" — Adoption by reference. The following RCW
sections, as currently enacted or as hereafter amended or recodified from
time to time, are hereby adopted by reference and shall be given the same
force and effect as if set forth herein in full:
RCW
69.41.010 Definitions.
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69.41.030 Sale, delivery, or possession of legend drug without
prescription or order prohibited — Exceptions — Penalty.
69.41.050 Labeling requirements - Penalty.
69.41.060 Search and seizure.
69.41.072 Violations of Chapter 69.50 RCW not to be charged under
Cchapter 69.41 RCW — Exception.
69.41.320 Practitioners — Restricted use — Medical records.
69.41.350 Penalties.
69.43.010 Report to pharmacy quality assurance commissionRe�
state beaFd of phaFngae — List of substances — Modification of
list — Identification of purchasers — Report of transactions —
Penalties.
69.43.020 Receipt of substance from source outside state — Report —
Penalty.
69.43.030 Exemptions.
69.43.035 Suspicious transactions — Report — Penalty.
69.43.040 Reporting form.
69.43.043 Recordkeeping requirements — Penalty.
69.43.048 Reporting and recordkeeping requirements — Submission of
computer readable data, copies of federal reports.
69.43.080 False statement in report or record — Class C felony.
69.43.090 Permit to sell, transfer, furnish, or receive substance —
Exemptions — Application for permit — Fee — Renewal —
Penalty.
69.43.105 Ephedrine,_pseudoephedrine,_pheny_lpropanolamine -- Sales
restrictions -- Record of transaction -- Exceptions -- Penalty.
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine — Sales
restrictions — Electronic sales tracking system - Penalty.
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine —
Possession of more than fifteen grams — Penalty — Exceptions.
69.43.130 Exemptions — Pediatric products — Products exempted by the
pharmacy quality assurance commissionstate board—e4
may.
69.50.101 Definitions.
69.50.102 Drug paraphernalia — Definitions.
69.50.202 Nomenclature.
69.50.204 Schedule I.
69.50.206 Schedule II.
69.50.208 Schedule III.
69.50.210 Schedule IV.
69.50.212 Schedule V.
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69.50.401 Prohibited acts: A — Penalties.
69.50.4011 Counterfeit substances — Penalties.
69.50.4012 Delivery of substance in lieu of controlled substance —
Penalty.
69.50.4013 Possession of controlled substance — Penalty — Possession of
useable mariivana or mariivana-infused products.
69.50.4014 Possession of forty grams or less of marihuana — Penalty.
69.50.4015 Involving a person under eighteen in unlawful controlled
substance transaction — Penalty.
69.50.402 Prohibited acts: B — Penalties.
69.50.403 Prohibited acts: C — Penalties.
69.50.404 Penalties under other laws.
69.50.407 Conspiracy.
69.50.408 Second or subsequent offenses.
69.50.412 Prohibited acts: E — Penalties.
69.50.4121 Drug paraphernalia — Selling or giving — Penalty.
69.50.416 Counterfeit substances prohibited — Penalties.
69.50.425 Misdemeanor violations — Minimum penaltiesi isenngent.
69.50,1 502
69.50.445 Opening package of or consuming mariivana, useable
mariivana, or marijuana-infused product in view of general
public — Penalty.
69.50.506 Burden of proof; liabilities.
Effective July 1, 2015, the following statutory_provisions shall apply and be
enforced within the City of Kent:
69.75.010 Definitions.
69.75.020 Retail sales — Proof of age from purchaser — Unlawful acts,
exceptions — Penalties.
69.75.040 Construction of chapter.
69.75.050 Preemption.
SECTION 3, — Amendment — KCC 9.02.175. Chapter 9.02 of the
Kent City Code, captioned "Criminal Code," is amended to add a new
section 9.02.175, captioned "Chapter 77.15, Fish and Wildlife Enforcement
Code," as follows:
Sec. 9.02.175. RCW Title 77, entitled "Fish and Wildlife" —
Adoption by reference. The followina RCW sections, as currently
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enacted or as hereafter amended or recodified from time to time, are
hereby adopted by reference and shall be given the same force and effect
as if set forth herein in full:
RCW
77.08.010 Definitions
77.15.160 Infractions
77.15.380 Unlawful recreational fishing in the second degree — Penalty.
77.15.390 Seaweed — Unlawful taking — Penalty.
77.15.500 Commercial fishing without a license — Penalty.
77.15.809 Unlawful use of invasive species in the second degree —
Penalty.
77.15.811 Unlawful use of invasive species in the first degree — Penalty.
SECTION 4, — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 5, — Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 6, — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
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ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12014.
APPROVED: day of 12014.
PUBLISHED: day of 12014.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
FIAQvllAOldloeoeeA902 Amendments do-
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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: November 12, 2014
TO: Public Safety Committee
SUBJECT: Police Chiefs Update — Information Only
Information Only
SUMMARY: Chief Ken Thomas 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 Discussion on Use of Force