HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 06/09/2015 (3) Public Safety Committee Agenda
Councilmembers: Dana Ralph - Les Thomas - Jim Berrios, Chair
June 9, 2015
4:30 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Berrios 1
2. Roll Call Chair Berrios 1
3. Changes to the Agenda Chair Berrios 1
4. Approval of Minutes, dated April 14, YES Chair Berrios 5 1
2015, 2015
5. 2014 Edward Byrne Memorial Justice YES Sara Wood, Research & 5 5
Assistance Grant - Recommend Development Analyst
6. WTSC ILA - Target Zero Manager - YES Sara Wood, Research & 5 31
Recommend Development Analyst
7. WTSC MOU - Distracted Driving YES Sara Wood, Research & 5 55
Enforcement - Recommend Development Analyst
8. Ordinance Amending KCC 9.04 - YES Arthur"Pat" Fitzpatrick, 15 63
Massage and Reflexology Services - Deputy City Attorney
Recommend
9. Text? Talk? Ticket! - Information Only NO John Pagel, Community 10 81
Education Specialist
10. Fireworks - Information Only NO Assistant Chief Kammerzell 15 83
11. Flashing School Zone Speed Signs - NO Chief Thomas 10 85
Information Only
12. Police Chief's Update - Information NO Chief Thomas 10 87
Only
A. Hiring Update
B. School Zone Traffic Safety
Camera Program Budget Update
1
Public Safety Committee Minutes
April 14, 2015
Item 1 - CALL TO ORDER
Committee Chairperson Jim Berrios called the meeting to order at 4:32 p.m.
Item 2 - COMMITTEE MEMBERS PRESENT:
Council President Dana Ralph and Committee Chairperson Jim Berrios were present.
Council Member Les Thomas had an excused absence.
Item 3 - Changes to the Agenda:
None
Item 4 — Approval of meeting minutes dated February 10, 2015
Councilmember Ralph MOVED to approve the minutes of, March 10, 2015.
The motion was SECONDED by Councilmember Berrios and PASSED 2-0.
Item 5 — 2015 Washington Association of Sheriffs and Police Chiefs Traffic
Safety Equipment Grant - Recommend.
Sara Wood, Research and Development Analyst, presented information regarding
the 2015 Washington Association of Sheriffs and Police Chiefs Traffic Safety
Equipment Grant. The police department annually applies through WASPC for this
grant. Funds are used to purchase traffic safety equipment including Lidar speed
devises and the Sector system for patrol cars.
Council President Ralph MOVED to recommend Council authorize the Mayor
to accept the 2015 Washington Association of Sheriffs and Police Chiefs
Traffic Safety Equipment Grant in the amount of $6,965, amend the
budget, authorize expenditure of the funds and authorize the Police Chief
to sign all necessary documents. The motion was SECONDED by
Councilmember Berrios and PASSED 2-0.
Item 6. — 2015 State Farm Insurance Illegal Street Racing Education Grant
— Recommend.
Sara Wood, Research and Development Analyst, presented information regarding
the 2015 State Farm Insurance Illegal Street Racing Education Grant. Grant funds
are used for enforcement and education regarding speed and street racing. The
current $14,000 in grant funds will be used for public service announcements
prepared by the Kent Police Youth Board that will be aired at the movie theatre and
digital billboards. Sara detailed the plan to acquire a static display of a crashed car
to be used during mock car crashes.
Council President Ralph MOVED to recommend Council authorize the Mayor
to accept the 2015 Illegal Street Racing Education Grant from State Farm
Insurance in the amount of $14,000, amend the budget, authorize
expenditure of the funds, and authorize the Mayor to sign all necessary
Page I 1
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documents. The motion was SECONDED by Councilmember Berrios and
PASSED 2-0.
Item 7. - 2015 Recreational Boating Safety Federal Financial Assistance
Grant - Recommend.
Sara Wood, Research and Development Analyst, presented information regarding
the 2015 Recreational Boating Safety federal Financial Assistance Grant from the
Washington State Parks and Recreation. The grant funds will be used to pay for
officer overtime for enforcement of laws on the City's lakes, paying for training of
marine officers, and also fund the purchase educational materials.
Council President Ralph MOVED to recommend Council authorize the Mayor
to accept the 2015 Recreational Boating Safety Federal Financial
Assistance Grant from the Washington State Parks and Recreation
Commission in the amount of $6,802, amend the budget, authorize
expenditure of the funds, and authorize the Police Chief to sign all
necessary documents. The motion was SECONDED by Councilmember
Berrios and PASSED 2-0.
Item S. - Interlocal Agreement - DSHS - Let's Draw the Line-
Recommend.
Sara Wood, Research and Development Analyst, presented information regarding
the Interlocal Agreement with the Department of Social and Health Services for the
"Let's Draw the Line" campaign. The grant funds will be used to purchase supplies
for the May 20, 2015, town hall meeting and youth conference. Council President
Ralph provided information regarding the video contest that the Kent Police Youth
Board is holding. The videos will contain anti-substance abuse message. The
winners will be presented at the May 20, 2015, town hall meeting.
Council President Ralph MOVED to recommend Council ratify the Police
Chief's execution of an Interlocal Agreement with the Department of Social
and Health Services to fund Kent Police Department's involvement in the
state "Draw the Line Campaign" in accordance with the Agreement's
terms, authorize acceptance of the $1,000 grant, amend the budget, and
authorize expenditure of the funds. The motion was SECONDED by
Councilmember Berrios and PASSED 2-0.
i
Item 9. - City of Kent Comprehensive Emergency Management Plan
(CEMP) - Recommend.
Dominic Marzano, Division Chief, presented information regarding the Fourth
Edition of the City of Kent Comprehensive Emergency Management Plan. Dominic
explained that the City is required by law to have a plan to deal with emergencies
and disasters and that the plan must be compatible, regionally, county-wide and at
the state level. Dominic explained the various parts of the plan and the City
departments that are responsible for various parts of the plan. Dominic indicated
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3
that all City departments were very helpful and cooperative in finalizing the plan.
The details regarding the implementation of the plan were discussed including
training staff.
Council President Ralph MOVED to recommend City Council approve the 4th
edition of the City's Comprehensive Emergency Management Plan (CEMP)
and request the Mayor sign the Plan's Letter of Promulgation and
Introduction, with final terms and conditions acceptable to the City
Attorney. The motion was SECONDED by Councilmember Berrios and
PASSED 2-0.
Item 10. - Ordinance Amending KCC 9.02.190 "Disorderly Conduct" -
Recommend.
Assistant City Attorney, Julie Stormes, presented information regarding the
ordinance amending KCC 9.02.190, entitled "Disorderly Conduct." Julie provided
information regarding the reasoning behind changing the term "aggressively beg"
to "aggressively solicit." The proposed revisions would broaden the definition of
beg while still protecting begging, a constitutionally protected form of speech. Julie
provided examples of situations within the City where enforcement of aggressive
soliciting would apply.
Council President Ralph MOVED to recommend Council adopt an Ordinance
amending Section 9.02.190 of the Kent City Code, entitled "Disorderly
Conduct," to provide it is a crime to "aggressively solicit" any item,
tangible or intangible, from any person in a public place. The motion was
SECONDED by Councilmember Berrios and PASSED 2-0.
Item 11. - School Zone Traffic Safety Camera Program - Recommend
Chief Ken Thomas presented information regarding implementing additional school
zone traffic safety cameras within the City. Chief Thomas provided details from the
traffic study performed by American Traffic Solutions. Data supporting
implementing the program in both Meridian and Millennium Elementary Schools was
presented.
Chief Thomas indicated that the purpose of the program is to increase the safety of
children walking to and from the schools. The Kent School District supports
increasing the program to additional schools. All City departments have been
consulted and have indicated they are able to support the increasing the program
into two additional school zones.
Assistant City Attorney, Tammy White, provided revised motion language
recommending the implementation of the School Zone Traffic Safety Program into
Millennium and Meridian Elementary Schools.
Council President Ralph MOVED to recommend authorizing the Mayor to
enter into a contract or contract amendment with American Traffic
I
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4
Solutions for the addition of Meridian Elementary and Millennium
Elementary school speed zone traffic safety cameras, subject to final terms
and conditions acceptable to the city attorney and police chief. The motion
was SECONDED by Councilmember Berrios and PASSED 2-0.
Item 12. — Police Chief's Update — Information Only
Chief Ken Thomas advised the committee regarding current events affecting the
police department. Chief Thomas indicated that he is extremely proud of the staff
of the police department and the professionalism that they display when confronted
with very difficult situations.
Chief Thomas provided details regarding two officer-involved shooting incidents and
provided the current status of the officers involved in those incidents.
Chief Thomas provided details regarding criminal activities taking place at a number
of local massage parlors and spas.
The meeting was adjourned at 5:10 p.m. by Council Member Berrios.
ZRes ectfu y sub it d,
Kim Komoto
Public Safety Committee Secretary
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POLICE DEPARTMENT
\ � Ken Thomas, Chief of Police
v KtNT Phone: 253-856-5800
. . ..... Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Fiscal Year 2014 Bureau Justice Assistance Grant - Recommend
MOTION: Recommend Council authorize the Mayor to accept the Fiscal Year
2014 Edward Byrne Memorial Justice Assistance Grant in the amount of $57,455,
ratify and authorize the Mayor's signing of all necessary documents, amend the
budget, and authorize expenditure of the funds in accordance with grant terms
and conditions acceptable to the Police Chief and City Attorney.
SUMMARY: The City of Kent, in conjunction with 11 other jurisdictions in King County,
filed a joint application for $685,828 in funds from the Edward Byrne Memorial Justice
Assistance Grant to assist with various law enforcement needs. The City of Seattle serves
as the primary representative to manage the overall grant funding, to process
expenditures, and to file necessary reports regarding use of the grant funds. Of the total
$685,828 awarded to these 11 agencies, the City of Kent will receive $57,455 in grant
funds.
The City of Kent intends to use a majority of grant funds to deploy officers on overtime to
"hot spot" areas for crime and to conduct illegal street racing enforcement. Funding will
allow the purchase of a Facial Recognition Workbench which is software to enable the
ability to turn a still picture to map the faces of individuals and be compared to jail
interfaces. This was the software used by Boston law enforcement officials to identify the
"Boston Marathon Bombers". Funding will also purchase five additional Spy Alarms to
supplement Intelligence Led Policing. These alarms will be deployed in high crime areas.
Funds will also be used to start a new program. The department will purchase up to 16
personal GPS units which will be given to vulnerable individuals in the Kent community.
Grant funds will also be used to purchase graffiti removal supplies and equipment for the
Kent Corrections Work Crew.
Due to timing issues, the Mayor signed the grant agreement in advance of Council
approval having been obtained. Therefore, ratification and approval of the Mayor's
signing of the grant agreement is sought.
Exhibit: Interagency Agreement
Invoice Voucher
Budget Impact: Unanticipated Income
S TD LmwoLmETuWs Safdy Co=ded2015Vuod2014 JAG Gmt Mot on do=
6
Interagency Agreement
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2014 Local Solicitation
Executed by
City of Seattle
Department Authorized Representative: Diane Piton
610 Sth Avenue
PO Box 34986
Seattle, WA 98124-4986
and
City of Kent, hereinafter referred to as 'Recipient"
Grant Manager: Sara Wood
220 4th Ave, S
Kent, WA 98032
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
CITY OF KENT CITY OF SEATTLE
Suzette Cooke, Mayor Mike Wagers, Chief Operating Officer
Date:
Authorized by:
Grant Program: Edward Byrne MemorialJusticeAssistance Grant(JAG) Program
FY 14 JAG Interagency Agreement,Page I of 8
7
WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal criminal
justice funding to state and local jurisdictions; and
WHEREAS, the JAG Program supports all components of the criminal justice system, from multi-
jurisdictional drug and gang task forces to crime prevention and domestic violence
programs, courts, corrections, treatment, and justice information sharing initiatives; and
WHEREAS, the United States Congress authorized $685,828 in the Justice Assistance Grant (JAG)
Program for jurisdictions in King County; and
WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award with a
single, joint application; and
WHEREAS, the City, as the identified Fiscal Agent, submitted the joint application to the Bureau of
Justice Assistance on July 9, 2014 to request JAG Program funds; and
WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has
awarded $685,828 to the City from these JAG Program funds; and
WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal Agent for
this award, is to distribute grant funds to co-applicants, the City intends to transfer some of
the JAG funds it receives to those co-applicants; and
WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG
Program once grant funds have lapsed; and
WHEREAS, recipients of JAG funds from the City should not anticipate the City will assume
responsibility for any program costs funded by JAG once JAG funds are spent;
NOW THEREFORE, the parties hereto agree as follows;
This Interagency Agreement contains six Articles:
ARTICLE I: TERM OF AGREEMENT:
The term of this Interagency Agreement shall be in effect from the date it is executed by the SPD
Chief of Police, or designee, until September 30, 2017 unless terminated earlier pursuant to the
provisions hereof.
ARTICLE II: DESCRIPTION OF SERVICES
The services to be performed under this Agreement shall be conducted for the stated purposes of
the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.) The Edward Byrne
Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal
justice funding to state and local jurisdictions. JAG funds support all components of the criminal
justice system, from multijurisdictional drug and gang task forces to crime prevention and
domestic violence programs, courts, corrections, treatment, and justice information sharing
FY 14 JAG Interagency Agreement, Pnge 2 of 8
8
initiatives.JAG funded projects may address crime through the provision of services directly to
individuals and/or communities and by improving the effectiveness and efficiency of criminal
justice systems, processes, and procedures.
ARTICLE III: SPECIAL CONDITIONS
• Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance solely for the purpose of furthering the stated objectives of the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program. The Recipient shall use the funds
to perform tasks as described in the Scope of Work portion of this Agreement.
• The Recipient acknowledges that because this Agreement involves federal funding, the
period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Recipient agrees that it will not hold the Seattle Police
Department, the City of Seattle, or the Department of Justice liable for any damages, claim
for reimbursement, or any type of payment whatsoever for services performed under this
Agreement prior to the distribution and availability of federal funds.
• The Recipient shall comply with all conditions and limitations set forth in the FY 2014
Justice Assistance Grant Program Award # 2014 DJ BX 1034.
The FY 2014 Justice Assistance Grant Program Award Report #: 2014 DJ BX 1034 is
attached to and made part of this agreement, as Attachment A. Allocation and use of grant
funding must be in accordance with all special conditions included in the Award Report. All
Recipients are assumed to have read, understood, and accepted the Award Report as
binding.
• The Recipient acknowledges that all allocations and use of funds under this agreement will
be in accordance with the Edward Byrne Memorial Justice Assistance Grant (JAG) Formula
Program: Local Solicitation.Allocation and use of grant funding must be coordinated with
the goals and objectives included in the Local Solicitation.All Recipients are assumed to
have read, understood, and accepted the Local Solicitation as binding.
• Recipient agrees to obtain a valid DUNS profile and create an active registration with the
Central Contractor Registration (CCR) database no later than the due date of the Recipient's
first quarterly report after a subaward is made.
• The Recipient shall comply with all applicable laws, regulations, and program guidance. A
non-exhaustive list of regulations commonly applicable to BJA grants are listed below,
including the guidance:
(A) Administrative Requirements: OMB Circular A-102, State and Local Governments
(10/7/94, amended 8/29/07) (44CFR Part 13)
(13) Cost Principles: OMB Circular A-87, State and Local Governments (5/10/04)
FY 14 JAG Interagency Agreement,Page 3 of 8
9
(C) Audit Requirements: OMC Circular A-133,Audits of State, Local Governments, and
Non-Profit Organizations (6/24/97, includes revisions in the Federal Register
6/27/03)
(D) The Recipient must comply with the most recent version of the Administrative
Requirements, Cost Principals, and Audit Requirements.
1) Non-Federal entities that expend $500,000 or more in one fiscal year in
Federal awards shall have a single or program-specific audit conducted for that
year in accordance with the Office of Management and Budget (OMB) Circular
A-133-Audits of States, Local Governments, and non-Profit Organizations.
Non-federal entities that spend less than $500,000 a year in federal awards are
exempt from federal audit requirements for that year, except as noted in
Circular No. A-133, but records must be available for review or audit by
appropriate officials of the Federal agency, pass-through entity, and General
Accounting Office (GAO).
2) Recipients required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Auditing Standards (GAAS), as found in
the Government Auditing Standards (the Revised Yellow Book) developed by
the Comptroller General and the OMB Compliance Supplement. The Recipient
has the responsibility of notifying the Washington State Auditor's Office and
requesting an audit.
3) The Recipient shall maintain auditable records and accounts so as to facilitate
the audit requirement and shall ensure that any sub-recipients also maintain
auditable records.
4) The Recipient is responsible for any audit exceptions incurred by its own
organization or that of its subcontractors. Responses to any unresolved
management findings and disallowed or questioned costs shall be included
with the audit report submitted to the Seattle Police Department. The
Recipient must respond to requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The
City reserves the right to recover from the Recipient all disallowed costs
resulting from the audit.
5) If applicable, once any single audit has been completed, the Recipient must
send a full copy of the audit to the City and a letter stating there were no
findings, or if there were findings, the letter should provide a list of the
findings. The Recipient must send the audit and the letter no later than nine
months after the end of the Recipient's fiscal year(s) to:
Diane Pilon,JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
FY 141AG Interagency Agreement, Page 4 of 8
10
Seattle, WA 98124-4986
206-386-1996
6) In addition to sending a copy of the audit, the Recipient must include a
corrective action plan for any audit findings and a copy of the management
letter if one was received.
7) The Recipient shall include the above audit requirements in any subcontracts.
• The Recipient agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requirements, including, but not limited to, the provision of
any information required for assessment or evaluation of activities within this agreement,
and for compliance BJA reporting requirements.
• When implementing funded activities, the Recipient must comply with all applicable
federal, state, tribal government, and local laws, regulations, and policies. The Recipient is
entirely responsible for determining the Recipient's compliance with applicable laws,
regulations and policies, which include, but are not limited to:
(A) City of Seattle regulations including,but not limited to:
(1) Equal Benefits Program Rules
(SMC Ch.20.45:http://cityofseattle.net/contract/equalbenefits/)
(2) Women and Minority Owned Affirmative Effort: If a Recipient intends to subcontract
out any part of a contract instead of performing the work itself, then the following
requirement applies: Consultant shall use affirmative efforts to promote and
encourage participation by women and minority businesses on subcontracting
opportunities within the contract scope of work. Consultant agrees to make such
efforts as a condition of this Agreement.
a. Outreach efforts may include the use of solicitation lists, advertisements in
publications directed to minority communities, breaking down total
requirements into smaller tasks or quantities where economically feasible,
making other useful schedule or requirements modifications that are likely to
assist small or WMBE businesses to compete, targeted recruitment efforts, and
using the services of available minority community and public organizations to
perform outreach.
b. Record-Keeping: The Consultant shall maintain, for at least 24 months after
the expiration or earlier termination of this Agreement, relevant records and
information necessary to document all Consultant solicitations to
subconsultants and suppliers, all subconsultant and supplier proposals
received, and all subconsultants and suppliers actually utilized under this
Agreement. The City shall have the right to inspect and copy such records.
(3) Licenses and Similar Authorizations: The Consultant, at no expense to the City, shall
secure and maintain in full force and effect during the term of this Agreement all
PY 14 JAG Interagency Agreement,Page 5 of 8
11
required licenses, permits, and similar legal authorizations, and comply with all
requirements thereof.
(4) Use of Recycled Content Paper: Whenever practicable, Consultant shall use reusable
products including recycled content paper on all documents submitted to the City.
Consultant is to duplex all documents that are prepared for the City under this
Contract, whether such materials are printed or copied, except when impracticable
to do so due to the nature of the product being produced. Consultants are to use
100% post-consumer recycled content, chlorine-free paper in any documents that
are produced for the City, whenever practicable, and to use other paper-saving and
recycling measures in performance of the contract with and for the City.
(5) Americans with Disabilities Act: The Consultant shall comply with all applicable
provisions of the Americans with Disabilities Act of 1990 as amended (ADA) in
performing its obligations under this Agreement. Failure to comply with the
provisions of the ADA shall be a material breach of, and grounds for the immediate
termination of, this Agreement.
(6) Fair Contracting Practices Ordinance: The Consultant shall comply with the Fair
Contracting Practices Ordinance of The City of Seattle (Chapter 14.10 SMC), as
amended.
(7) Suspension and Debarment: The Recipient certifies that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in transactions by any Federal department or
agency. By signing and submitting this Agreement, the Recipient is providing the
signed certification set out below. The certification this clause is a material
representation of fact upon which reliance was placed when this transaction was
entered into.
If it is later determined that the Recipient rendered an erroneous certification, the
Federal Government and City may pursue available remedies, including termination
and/or debarment. The Recipient shall provide immediate written notice to the City
if at any time the Recipient learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
The Recipient agrees by signing this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing by the City.
The Recipient shall include the requirement in this section in any subcontracts.
(8) In the event of the Recipient's or subcontractor's noncompliance or refusal to comply
with any applicable law, regulation or policy, the City may rescind, cancel, or
terminate the Agreement in whole or in part. The Recipient is responsible for any
FY 14 IAG Interagency Agreement Page 6 of 8
12
and all costs or liability arising from the Recipient's failure to comply with applicable
law, regulation, or policy.
ARTICLE IV: SCOPE OF WORK
The Scope of Work of this Agreement and the time schedule for completion of such work is as
described in Attachment B: Edward Byrne Memorial Justice Assistance (JAG) Grant Formula
Program King County Joint Application, Project Narrative and Attachment C: JAG Budget
Worksheet, as approved by BJA. Attachment B and Attachment C are attached to and made part of
this agreement.
The work shall, at all times, be subject to the City's general review and approval. The Recipient
shall confer with the City periodically during the progress of the Work, and shall prepare and
present such information and materials (e.g. a detailed outline of completed work) as may be
pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or
Recipient's progress.
ARTICLE V: PAYMENT
(A) Compensation
The Recipient shall be reimbursed on an actual cost basis. Total compensation under this
Agreement is $57,455.
The Recipient shall incur authorized allowable expenses in accordance with the Program
Narrative and Project Budget, as detailed in Attachments B and C.
The Recipient may request additional reimbursement up to the amount of interest accrued on
their portion of the grant award. The City will provide quarterly statements to the Recipient,
once the interest balance accrued equals at least$1,000. Reimbursements will not be made for
interest accrued that is less than $1,000, Reimbursements can be requested, up to the total
amount of interest accrued, after the initial quarterly statement has been sent, to perform
tasks in accordance with the Program Narrative and Project Budget, as detailed in Exhibits B
and C.
The Recipient shall submit invoices not more than monthly, and at least quarterly.After the
first quarter, monthly submission is preferred. Invoices are due no later than 30 days after the
end of the period in which the work was performed.
No travel or subsistence costs, including lodging and meals, reimbursed with federal funds
may exceed federal maximum rates, which can be found at: http://www.gsa.gov.
(B) Manner of Payment
The Recipient shall submit reimbursement requests not more than monthly, and at least
quarterly. After the first quarter, monthly submission is preferred.
Requests are due no later than 30 days after the end of the period in which the work was
performed. Reimbursement request forms are provided. Substitute forms are acceptable.
FY 14 JAG Interagency Agreement,Page 7 of 8
13
With each reimbursement request, the Recipient shall submit:
• Detailed spreadsheet of expenditures by task and related financial documents (timesheets,
invoices)
• Project status report
• These documents and invoices must be kept on file by the Recipient and be made available
upon request by the City or to state or federal auditors
Reimbursement will not be processed without accompanying documentation for the
corresponding time period.
Once the above conditions are met, payment shall be made by the City to the Recipient.
Submit invoicing and documentation to:
Diane Pilon, JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle,WA 98124-4986
206-386-9885
ARTICLE VI: AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing and
signed by authorized representatives of the parties hereto. The parties hereto expressly reserve
the right to modify this Agreement, by mutual agreement.
FY 14 JAG Inlerageney Agreement,Page 8 of 8
14
Attachment A
Department of Justice
Office of Justice Programs
PACE I OF 7
Bureau of Justice Assistance Grant
....._ ... .................
.r. ,,,.. „ ...w........_...._.........w..._�__. . .w ....._ _.�... ._...._.,..
I RECIPIENT NAME AND ADDRESS(IncludinyZO CWc) 4.AWARD NUMBER. 2014D1➢41034
City ofsmulc
P.O.Box 9474960041h A,rar,Nor,7 S.PROIEC'TPERIOD:FROM IOID12013 TO OWEY'lUII
Sna111e,WA 9E 124 iN49
BUDGET PERIOD.FROM IO101QO13 TO 09/30/2017
AWARD OAT IT OR/O6OO 14 NACTION
IA,GRANIEEIRSIVENDORNO. H SUPPLEMENTNUMBER Initial
9160111303 00
9.PRFNIOUSAWARDAMOUN'T so
3.PROJECT TITLE kl0AlO'UNT OF THIS AWARDFY 2014 King Cnunty loir0 JAO Program ,,....._....._�.............TAL AWARD 9 695,32H
12.S PECIAL CON DI F IONS
T'HE ABOVE GRANT PROTECT N APPROV ED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FDRTHON THE
ATTACHED PACE(S).
13,STATUTORY AUTHORITY FOR GRANT
This Projcet Is s,jor dunderFY14(BJ.A-JAG)42 USC 3750,c1 say,
15.ME'roOD OF PAYMENT' _
GPRs
......AGENCY APPROVAL..._ XIJIA :._ .Cfl ANTfFA((II .... f._.. �llARA���I
I6.'r'YPED NAME ANT)TITLE OF APPROVING OFFICIAL IH_TYPED NAME AND NTLE OF AUTHORIZED GRANTEE OFFICIAL
Denise O'Dommll Ed Maor,
Direumr Mayor
17 .SIGNATURE OF APPROVING OFFICIAL 19.SICNATURE OF AUTHORIZED RECIPIENT OFFICIAL. 19A,DATE
AGENCY USE ONLY
20.ACCOUNTING CLASSIF[CATCON CODES � 2L NDIDG'r0465
FISCALYFUNDC BUDA DEC. DIVIU SUB. POMS AMOLNf
EAR ODE CT, D_
._ X B DJ 80 00 OU 6g08 tl
CJP FORM 4000)2(REVS-IC)PREVIOUS EDITIONS ARE OBSOLME 1
DIP FORM 400012(REV.4-H8)
15
Attachment A
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PAca 2 or J
Grant f A,
� .
PROJECT NUMBER 2014-DI B% 1e34 �� AWARD UAiH 0BI0612014 �
SPECIAL CONDITIONS
I, The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs(OJP)Financial Guide.
2, The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is
required to submit one pursuant to 28 QF.R.Section 42,302),that is approved by the Office for Civil Rights,is a
violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the
recipient is in compliance.
3, The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States,
Local Governments,and Non-Protit Organizations,and further understands and agrees that funds may be withheld,or
other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and
any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current
edition ofthe OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds,either directly of indirectly,in support of the
enactment,repeal,modification or adoption of any law,regulation or policy, at any level ofgovemmenl,without the
express prior written approval of OJP.
5. The recipient most promptly refer to the DOJ DIG any credible evidence that a principal,employee,agent,contractor,
subgraince,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims
Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or
similar misconduct involving grant funds, This condition also applies to any subrecipients Potential fraud,waste,
abuse,or misconduct should be reported to the OIG by-
mail:
Office of the Inspector General
U.S.Deportment of Justice
Investigations Division
950 Pennsylvania Avenue,N.W.
Room 4705
Washington,DC 20530
e-mail:oig.holline@usdoj.gov
hotline:(contact information in English and Spanish):(800)869-4499
or hotline fax:(2D2)616-9881
Additional information is available from the DO)OIG website at www,usdoj.govPomg.
6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any
contract or subaward to either the Association ofComnnmity Organizations for Reform Now(ACORN)or its
suhsidiaries,without the express prior written approval of OJP.
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F,R.parts 66,70.
OIP FORM 40002(REV,4 88)
16
Attachment A
Department of Justice
Office of Justice Programs AWARD
b Bureau of.lusfiee Assistance CONTINUATIONSHEET PAGE 3 OF f
Grant 40
_...._ ........_..,_,_ -- .. _. _......,
PROIECTNtlMBER 2014-DU-BX-1034 AWARD DATE 0a106/201a
SPECIAL CONDITIONS
8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award
Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The
recipient also agrees to comply with applicable restrictions on subawards to first-tier subreeipients that do not acquire
and provide a Datd Universal Numbering System(DUNS)number.The details of recipient obligations are posted on
the Off.of Reance Programs web site at httpa/www.ojp.gov/fcnding/sani him(Award cunditlom Registration with the
System for Award Management and Universe[Identifier Requirements),and are incorporated by reference here.This
special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated
to any business or non-pmfil organization that he or she may own or operate in his or her name).
9, Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant,and to establish workplace safety politics and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
.10. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost
limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses
related to conferences,meetings,irainings,and other events,including the provision of food and/or beverages at such
events,and costs of attendance at such events, Information on pertinent laws,regulations,policies,and guidance is
available in the UP Financial Guide Conference Cost Chapter.
11. The recipient understands and agrees that any training or training materials developed or delivered with funding
provided under this award must adhere to the OR Training Guiding Principles for Grantees and Sublirantees,available
at htip;!lwww.ojp.usdoj,gt)v/funding/ojptrainingguidingprinciples.htm. -
12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds
other than this OJP award,and those award funds have been,are being,or are to be used,in whole or in part,for one or
more of the identical cost items for which fonds are being provided under this CUP award,the recipient will promptly
notify,in writing,the grant manager far this OR award,and,if so requested by OJP,seek a budget-modification or
change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication offending.
I I The recipient understands and agrees that award funds may not he used to discriminate against or denigrate the
religious ar moral beliefs ofsmdenls who participate in programs for which financial assistance is provided from those
funds,or of the parents or legal guardians of such students.
14. The recipient understands and agrees that-(a)No award fiords may be used to maintain or establish a computer
network unless such network blocks the viewing,downloading,and exchanging of pomography,and(b)Nothing in
subsection(a)limits the use of funds necessary for any Federal,Sloe,tribal,or local law enforcement agency or any
other entity carrying out criminal investigations,prosecution,or adjudication activities.
15. 'fhe recipient agrees to comply with OJT grant monitoring guidelines,protocols,and procedures,and to cooperate with
BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic
desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to
complete monitoring tasks,including documentation related to any subawards made under this award. Further,the
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's10CFO's grant mondonng activities may result in sanctions affecting the recipient's
DOJ awards,including,but not limited to�withholdings anchor other restrictions on the recipient's access to grant
Funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk
grantee;or termination of an award(s).
OUP FORM 400V2(REV,458)
17
Attachment A
Department of Justice
Office of Justice Programs AWARD
M Bureau of Justice Assistance CONTINUATIONSHEET PAce 4 OF J
Grant 0/4
PROJhCTNUMBSR 2014-OJ BX IU4 AWARD DATE 08MOZ014
SPEC/AL CCNDMONS
15, The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in
certain circumstances,to report the names and total compensation of the five most highly compensated executives of
the recipient and first-tier subrocipiems of award funds. Such data will be submitted to the FFATA Subaward
Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability
and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at
http:/Iw .ojp.gov/fundingJffati.him(Award condition:Reporting Subawards and Executive Compensation),and are
incorporated by reference here_ This condition,and its reporting requirement,dues rot apply to grain awards made to
an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
17, The recipient agrees that all income generated as a direct result or this award.shall be deemed program income. All
program income named must be accounted rot and used for the purposes of hands provided under this award,including
such use being consistent with the conditions ofthe award,the effective edition of the ON Financial Guide and,as
applicable,either(1)28 C.F.A.Part 66 or(2)28 CE A Part 70 and 2 C.ER,Part 215(OMB Circular Ad 10). Further,
the use of program income must be reported on the quarterly Federal Financial Report,SF 425.
18. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
19, In order to promote information sharing and enable imeroperabil4y among disparate systems across thejustice and
public safety community,Ol?requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative
(DOTS Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global
Standards Package(GSP)and all constituent elements,where applicable,as described at
hop://www.ifojp.gov/gsp_gramcondition.Grantee shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an altemati ve approach is recommended,
20, The recipient is required to establish a trust fund account,(The post land may or may not be an interest-bearing
account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG),The recipient also agrees to obligate
the grant funds in the trust fund(including any interest earned)during the period of the grant and expend within 90
days thereafter.Any unobligaled or unexpended funds,including interest earned,must be returned to the Office of
Justice Programs at the time of closeout
21. JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the
Bulletproof'Vest Partnership(B V P)program,
22. The recipient agrees to submit it signed certification that that all law enforcement agencies receiving vests purchased
with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed
certifications on file for any subrecipicnts planning to utilize JAG funds for ballistic-resistant and stab-resistant body
armor purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by
the agency for body amtor,There are no requirements regarding the nature of the policy other than It being a mandatory
wear policy for all unifomred officers while on duty.
OJP FORM4000/2(RF.V.4-88)
18
Attachment A
Department of Justice
Office of lustice Programs AWARD
to Bureau of Justice Assistance CON'rINUATIONSHEET PA9E s OF 7
Grant
PRU11,Ct NUMBER 2014-0r-BX-1034 AWARD DATE 09/06/2014
SPECIAL CONDITIONS
23, Rallistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level,make
or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with
applicable National Institute of Justice ballistic or slab standards and arc listed on the NII Compliant Body Armor
Model List f ug://nij,gov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American-
made.The latest NU standard information can be found here:htrp./Iwww,bill,gov/topics/technulogy/body-a mor/safely-
initiztive.hlm.
24, The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National
Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these
grant funds,either directly by the grantee or by a subgrantee. Accordingly,the grantee agrees to first determine if any
of the fallowing activities will be Handed by the grunt,prior to obligating funds For any of these purposes. If it Is
determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA.
The grantee understands chat this special condition applies to its following new activities whether or not they are being
specifically funded with these grant fads. That is,as long as the activity is being conducted by the grantee,a
sublimates,or any third parry and the activity needs to be undertaken in order to use these grant hods,this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor reuovation or remodeling of a property located in an environmentally or historically sonsitivc arms,including
properties located within a 100-year flood plain,a Weiland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d, Implementation of new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,For example,in office,household,recreational,or
education environments;and
e. Implementation of a program relating to clandestine methamphctamine laboratory operations,including the
Identification,seizure,or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mi ligation Plan,as detailed at
htlp://www.gip.usdDj.govBJA/resource/nepa.hunl,for programs relating to methamphetamine laboratory operations.
Application ofI'his Special Condition to Grantee's Existing Programs or Activities'.For arty of the grantee's or its
subgrnntees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request
from BJA,agrees to cooperate with B1A in any preparation by BJA of a notional or program environmental assessment
of that funded program or activity.
25. The recipient agrees that any information technology systern funded or supported by DJP funds will comply with 28
GER.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable.
Should OJP determine 28 C.Y.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as
per the regulation. Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 USC.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
26. The recipient agrees to ensure that the Spite Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology
proiects being conducted with these grant funds,In addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to
http'./!www,it.ofp.gov/defat,it.aspx?area policyAnJilractice&page-I046,
OJP FORM 4000/2(REV,4-ss)
Attachment A 19
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PACE e of 4
C]rnnY
L
PROIRCTMIMBER 2014-DJ BX 1034 AWARD DATE 08/11
SPECIAL CONDITIONS
27, The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department o(lustiee
regulation governing"Equal Tmarment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal
Treatment Regulation provides in part that Department of Justice grant awards ofdirect Funding may not he used to
fund any inherently religious activities,such as worship,religious instruction,or proselytizalion.Recipients of direct
grants may still engage in inherently religious activities,but such activities must be separate in time or place from the
Department of Justice funded program,and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations
participating in programs directly Funded by the Department efficacies are not permitted to discriminate in the provision
ofservicos on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,faith-
based organizations may,in some circumstances,consider religion as a basis for employment. See
lutp:,'/www.ojp.gev/abouGocr/equal_fbo him.
28. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must
conform to the grant program requirements as stated in EJA program guidance.
29- Grantee agrees to comply with the requirements of 28 CY R,Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent.
30. Grantee agrees m comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that
are applicable to collection,use,and revelation of data or information.Grantee butter agrees,as a condition of grant
approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular,
section 22.21
31. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations,
OMB circulars,and guidelines,including the OJT Financial Guide,and to include the applicable conditions of this
award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use ofJAG funds by subreclpienls.The recipient agrees to submit,upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
32. The recipient agrees that funds received under this award will not be used to supplant State or local Funds,but will be
used to increase the amounts o£such finds that would,in the absence of Federal funds,be made available for law
enforcement activities.
33. Award recipients must submit quarterly a Federal Financial Report(SF425)and annual performance reports through
GMS(hops://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Goverment
Performance and Results Act(GPRA),P.L.103-62,applicants who receive funding under this solicitation roust
provide data that measure the results ofthcif work. Therefore,quarterly performance metrics reports most be submitted
through BJA's Performance Measurement Tool(PMT)website(www.bjaperformnncet ichnorg). For more detailed
information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage, Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and fume High Risk
designation.
34. Award recipients must verify Point of Contact(POC),Financial Point of Contaut(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address- If any information is
incorrect or has changed,a Greet Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
OJP FORM 4000Q(REV.4So;
20
Attachment A
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PAGE v OF 7
Grant
PROJECTNUMEER 2Or4-DI-aX-1034 AWAROUArE 0&0612014
SPECIAL CONDITIONS
35. The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force
funded with these funds who is a task force commander,agency executive,task force officer,or other task force
member of equivalent rank,wih complete required online(atemer-based)tusk force tmin'mg.Additionally,all future
Risk force members are required to complete this training once during the life of this award,or once every four years if
multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task
Force Integrity and Leadership(www.cttli.org).This training addresses task force effective r,av as well as other key
issues including privacy and civil libernesMghts,risk force performance measurement,personnel selection,and task
force oversight and accountability.Wien BJA funding supports a task force,a task force personnel roster should be
compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is
available regarding this required training and access methods via BJA's web site and the Center for Task Force
Integrity and Leadership(www.cfl`h org).
36. No JAG funds may be expended on the purchase ofunmanned aircraft,unmanned aircraft systems or unmanned aerial
vehicles(UAIUASMA V),unless the BJA Director certifies that extraordinary and exigent circumstances exist,making
them essential to the maintenance of public safety and good order.Any state or local jurisdiction receiving BJA
approval to utilize JAG funds for this type of purchase most certify to DOJ that it received Federal Aviation
Administration(FAA)approval to operate a UA/UAS/UAV and that it is legal to operate o UA/UAS/UAV in the
proposedjurisdietion or geographic area. The recipient must submit a statement on the goals and objectives for the use
of a UA/UASrUAV,the anticipated specific uses,and policy regarding privacy considerations.BJA may require
additional reporting requirements that will be stipulated post award.
37 BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to your My BJA account at https:/'www bja.gov/Lugin.aspx to occurs the Success Story Submission form.
Ifyou do not yet have a My BJA account,please register at leaps.//www.bin.gov/profile.aspx.Once you register,one of
the available areas on your My BJA page will be"My Success Stories".Within this box,you will see an option to add a
Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web
Page at https://www.bja.gov/SuccessStoryList.aspx.
38, Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has
received and approved the signed Memorandum of Understanding(MOU)between the disparate jurisdictions and has
issued a Grant Adjustment Notice(GAN)releasing this special condition.
39, Recipient may not expend or drawdown hands until the Bureau❑f thro it Assistance(BJA)has received documentation
demonstrating that the state or local governing body review and public comment requirements have been met and a
Grant Adjustment Notice(GAN)has been approved releasing this special condition.
40, Recipient may not expend,or drawdown finds until the Bureau of Justice Assistance,Office of Justice Programs has
reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice
(GAN)informing the recipient of the approval.
41. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any
employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the
federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System
for that year. (An award reuipiennt may compensate an employee at a higher rate,provided the amount in excess oftlis
oompeusation limitaticn is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
OJe FORM 4001112(REV.4-as)
zi
Attachment B
City of Kent
Project Name: Kent Community Based Strategies
Project Cost: $57,455
Project Description:
The Kent Police Department will increase effectiveness of the Kent Police
Department's Intelligence Led Policing (ILP) by implementing several community
based strategies to help with aggressive crime fighting and prevention. This
proposal includes overtime shifts for "hot spot" areas as identified by crime
statistics and by officers at weekly problem-solving meetings. This overtime will
also allow for increased enforcement during warmer spring and summer months to
enforce illegal street racing which occurs throughout the Kent valley industrial area.
In addition to the "hot spot" policing, Kent Police will purchase equipment and
supplies for the City of Kent Correctional Programs Work Crew who are
instrumental in community cleanup and graffiti removal. Kent Police Community
Education Coordinators manage a citywide graffiti removal program with assistance
from the Corrections Work Crew and community volunteers.
Kent Police will enhance technology by purchasing the Facial Recognition
Workbench and five Spy Alarms for improved criminal investigations and quicker
response times. Finally, Kent Police will purchase up to 16 GPS units for use by
families of vulnerable individuals. Similar to "project lifesaver", Kent will create its
own version of the program to get GPS units and monitoring to Kent families in need
of the service.
These identified strategies cover several Justice Assistance Grant (JAG) purpose
areas.
Program Need
Law Enforcement Programs:
Previous JAG funding opportunities have enabled Kent Police to expand its
Intelligence Led Policing program. As a result, additional "hot spots" have been
identified through analysis of crime statistics. These "hot spots" require additional
patrol enforcement to ensure crime statistics and trend decrease once the "hot
spots" are identified.
In addition to the "hot spot" enforcement, Kent is well known across the region as
the place to illegally street race. Hundreds of racers convene on the streets of Kent's
industrial north end during the warmer spring and summer weekend evenings. The
illegal street racing epidemic brings with it other crime, traffic crimes, and
hazardous driving conditions for the public. Overtime will be utilized to deploy
officers in the areas known for racing based upon intelligence gathered.
zz
Attachment B
Kent Police will purchase five spy alarms to supplement our Intelligence Led
Policing program. The alarms will be deployed in high crime areas by Neighborhood
Response Team officers. These alarms will assist officers in quicker response times
with the goal of apprehension of suspects. Kent Police currently operates three spy
alarms and these are often all deployed at the same time. There is a need for
additional alarms to enhance enforcement efforts.
Kent Police will purchase the Facial Recognition Workbench; a computer software
to enables the ability to turn a still picture to map the faces of individuals. Once the
face is mapped, it can be compared with all of the jail interfaces. By taking a still
photo from video surveillance, the software can move the photo to get all facial
points needed to actually identify individuals. Currently, Kent Police has hours of
footage from video surveillance which still photos can be retrieved, however,
without knowledge of the individuals in the photos, officers are unable to make
arrests. This software will increase arrests and improve clearance rates. This
software is what was used by law enforcement officials in Boston, MA to identify the
"Boston Marathon Bombers".
Prevention and Education Programs
Kent Police Community Education Unit staff coordinate the citywide graffiti removal
program. Part of the program is coordinating volunteer cleanup events. The graffiti
paint and supplies proposed in this application will be used during these volunteer
cleanup events to eradicate graffiti across the City of Kent.
A local resident who is the mother of autistic seven year old twin boys contacted the
Kent Police Department to find out whether programs are in place to support GPS
trackers for special needs children and adults. She has been working with the Kent
School District and King County Sheriffs Office to implement a local program for the
number of children and families who could benefit from GPS trackers to ensure
safety. In Kent, in May 2014, an elderly man, with onset dementia, had wandered
from his home and was hit and killed by a train. He was a well-known contributor to
the Kent community and his death is a deafening loss to Kent. A GPS tracker would
have assisted his caretaker to know his whereabouts and this incident may not have
occurred. Funding from this proposal would allow Kent to create a locally based
program which will provide GPS trackers to families in need and prevent
catastrophic events, similar to the one just experienced, from occurring in the
future.
Corrections and community corrections programs:
The Kent Police Department began operating a supervised work crew program in
2009. This program expands the areas that the work crew can work within the City
of Kent and prepares qualified offenders for employment. The work crew program
instills the discipline necessary to increase offenders' work ethic that will help them
find and retain future employment upon their release from correctional supervision,.
23
Attachment B
These offenders earn good time that decreases their time in jail and helps the city
maintain a manageable and safe jail population. Graffiti removal is one of the
frequent projects performed by the work crew.Work crew members also improve
appearance roadways, sidewalks, and parks by cutting down brush, weeding,
removing invasive plants, and park cleanups. Kent Police will purchase graffiti
supplies and equipment for use by the work crews to support their community
program initiatives.
Program Activities for 4-Year Grant Period:
Kent Police Department's proposed activities are:
• Police officer overtime to patrol identified"hot spots" of crime across the City
of Kent. "Hot spots" also include illegal street racing enforcement which often
occurs during the warmer Spring and Summer months (Law Enforcement
Programs)
• Purchase and deploy Corrections Programs/work crew equipment
(Corrections and Community Corrections Programs)
• Purchase and deploy graffiti program supplies and paint (Corrections and
Community Corrections and Prevention and Education Programs).
• Facial Recognition Workbench (Law Enforcement Programs)
• Spy Alarms (Law Enforcement Programs)
• GPS units for vulnerable populations which include children, elderly, and
those with mental health issues (Prevention and Education Programs)
Anticipated Coordination Efforts Involving JAG and Related Justice Funds:
The funding from this grant will be supplemented with city funding for the police
officers, detectives, corrections officers, command staff and community education
unit employees to deploy the strategies identified in this proposal. Kent Police will
build upon previous JAG funding to expand and continuously improve community
policing outreach and efforts.
Project Objectives:
Objective 1: The Kent Police Department will ensure areas identified as "hot spot"
areas based upon crime statistics will have increased enforcement to reduce
criminal activity in that area.
1. Officers working overtime in "hot spot" areas will complete an activity log
showing enforcement activity conducted.
2. Officer overtime hours will be tracked monthly.
3. Spy alarms will be deployed within "hot spot" areas to ensure quick response
time.
4. Facial Recognition Workbench will be utilized to identify high impact
offenders. This information will be shared with officers working overtime in
the "hot spots".
24
Attachment B
Objective 2: Ensure City of Kent Corrections Program Work Crew have adequate
equipment and supplies to improve community appearance, livability and provide
Work Crew inmates with opportunities to develop skills.
1. Number of Programs Work Crew slots added through initiatives.We already
track current numbers so we will easily be able to track increases.
2. Number of hours of programming provided. We also report work time credit
hours completed by offenders quarterly. We will report the percentage
increase in community service hours as a result of this project.
3. Qualitative feedback from community members.
Objective 3: Create a comprehensive support program for families who need
resources to better track children, elderly or family members with mental health
issues.
1. Informational Brochure created by City of Kent Multimedia.
2. Application for families to complete who wish to participate in the program.
3. Number of GPS units distributed to families.
4. Qualitative feedback from families benefiting from program.
Project Identifiers
Community Based Programs, Graffiti - removal and monitoring, Correctional
Alternatives, Community Policing
25
ATTACHMENT C
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet & Narrative
A. Personnel
CITY OF SEATTLE
Name/Position Computation Cost
#of
Crime Prevention Coordinator Salary monthly salary months #of positions
(3 positions) $6,291 10.5 3 $198,167
TOTAL: $198.167
B. Fringe Benefits
CITY OF SEATTLE
Name/Position Computation Cost
monthly # of
Crime Prevention Coordinator Salary benefits months # of positions
(3 positions) $1,762 10.5 3 $55,493
TOTAL: $55,493
Seattle Sub12tal: $253,660
G. Consultants/Contracts
CITY OF AUBURN:
OT Rate #of His
Teen Late Night Program Officer OT $87.00 40.33 $3,509
Citizen's Police Academy Program Officer OT $87.00 35.63 $3,100
Fireworks Emphasis Program Officer OT $87.00 234.48 _ $20„400
Auburn SubTotal: $?.7,009
CITY OF BELLEVUE:
Item Computation Cost
IP Server and Hard Drive Storage for Covert Camera System $12,000
Camcorder for live streaming videos over a static IP address _ $3,560
Bellevue SubTotal: $152560
CITY OF BURIEN:
Purpose Location Computation Cost
Overtime for Foot/Bicycle Patrol
Program 160 hours x$75/hour $12,000
3 officers x
Defense Tactical Training Registration Seattle area $300/each $900
3 officers x
Gang Training Registration Seattle area $250/each $750
1 officer x
Forensic Computer Training Registration TBD $1,000/each $1,000
Forensic Computer Training Airfare TBD 1 Roundtrip Airfare $500
Page 1
26
ATTACHMENT C
FY 2014 .TAG City of Seattle Joint Application—Budget Worksheet&Narrative
Forensic Computer Hotel/Per Diem TBD 5 days x $200/day $1,000
IACP Conference Registration TBD 1 Chief x$350/each $350
IACP Conference Travel TBD I Roundtrip Airfare $500
IACP Conference Hotel/Per Diem TBD 5 days x$200/day $1,000
Overtime for Trainings 20 hours x$75 $1,500
Automated External Defibrillators(AED)for police cars 2 units x$1,000 each $2,000
Forensic Computer Workstation Various components $2,110
Misc. Police Equipment $1f875
Burien SubTotal S2S,4FTS
CITY OF FEDERAL
WAY:
Item Computation Cost
OCULUS recorder 16G body wire&related equipment 1 $16,185
Adobe Pro Software 8 277.34 $2,219
Taser 7 1,000 $7,000
Evidence Bar-coding, scanning,related equipment $5,291
Federal Way
SubTotal: $34,695
CITY OF KENT:
Item Computation Cost
_._................_.... _.................__ __..................
Patrol Officer OT- Hot Spot Emphasis $69.27/hour x 107
(2014-2015) hours $7,412.00
$71.35/hour x 105
Patrol Officer Of (Hot Spot Emphasis -2016) hours $7,492.00
Social Security $14,903,64 x .0765 $1,140.00
Retirement $14,903.64 x .06 $894.00
GPS units for vulnerable populations $200/unit x 16 unfits $3,200
Spy Alarms $3000/unit x 5 units $15,000
Facial Recognition Workbench 1 software x$13,000 each $13,000
Graffiti Removal Kits $100 x 50 kits $5,000
Corrections Programs Work Crew Equipment 2 weed eaters x$553.50 each $1,107
3 blowers x$1,070
cacti $3,210
Kent SubTotal: $57,4SS
KING COUNTY
Item Computation Cost
Warrant Prevention Program:
MetroCenter YMCA Alive&Free Program-WPP services Apr-Dec 2015 $106,000
University of Washington, Public Behavioral Health&Justice Policy Division -Evaluation $10,000
District Court Data Clean-Up
Program:
TLT-TBD(Salary) Range 55 Step I estimate 1,940.25 his $59,378
$30.6033 hour
TLT-TBD(Fringe Benefits) est FCA,FHI, Flex Benefits, retirement and Ind Ins $26,331
$13,57 hour
est hours 1940.25
Page 2
27
ATTACHMENT C
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet& Narrative
King County
SubTotal: $201,,7V)9
CITY OF RENTON:
Pumose Computation Cost
Direct Victim Services Assistance for victims protection/relocation $10,000
(Items purchased vary depending on needs of the
DV Program victim/investigation) $7,482
Domestic Violence Training Conference Location and# of employees TBD $3,000
(Price will vary depending on location)
Additional Domestic Violence Training Location and#of employees TBD $3,000
Direct Victim Services varied,depending on victim needs $5,000
Office supply's for Domestic Violence program(pamphlets, brochures, educational materials, other items needed)
(Items and price will vary depending on the needs of the program)
$100 per month x 20 months $2„000
Renton SubTotal: _S3t),482
CITY OF SEATAC:
Item Computation Cost
Overtime(Active Shooter Training) $100 X 141 hours $14,100.00
Miscellaneous Training Supplies $7
..........
SeaTac So Total: $14.107
CITY OF SHORELINE:
Item Computation Cost
_..._.........._..... —_...._..-- _... .
12x
Window Tint Meters $84.26 $1,011
4x
SECTOR Printer $354.78 $1,419
4x
SECTOR Scanner $250.76 $1,003
8x
Digital Cameras $208.04 $1,664
9x
Lockout Kits $54.70 $492
60 x
Rescue first aid kits $78.73 $4,725
Shoreline SubTotal: $10,314
CITY OF TUKWILA:
Items Computation Cost
PA System 1 system @$1,364 each $1,364
Generator 1 generator @$2,566 each $2,556
Bike Gear 6 sets @$483 each $2,898
Go-Bags 28 bags @$233.37 each $6,534
Less Lethal System 2 units @ $1,500 each $3,000
Taser Training Cartridges 120 cartridges @ $25 each _ $3,000Tukwila SubTotal: $53521
Page 3
2s
ATTACHMENT C
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet & Narrative
Budget Narrative
A. Personnel ($198,167)
A request of$198,167 is included for City of Seattle for salary costs associated with
preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department.
This amount will pay for 10.5 months in 2015.
B. Fringe Benefits ($55,493)
A request of$55,493 is included for City of Seattle for fringe benefit costs associated with
preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department.
Fringe benefits are City of Seattle standard fringe benefits for civilian personnel, and include
FICA, Health Care Medicare, Life Insurance, Retirement, Workers Comp, EAP, Disability
Insurance, and Death Benefits, and are calculated at a rate of approximately 26% of base salary.
G. Consultants/Contracts ($432,168)
As the fiscal agent, City of Seattle will enter into Interagency Agreements with all of the sub-
agencies listed below. Sub-Agencies will be required to spend their funds, and then request
reimbursement from City of Seattle. Therefore, we are listing all of the costs associated with
their programs under Consultants/Contracts:
City of Auburn ($27,009)
A request of$27,009 will cover Auburn Police Officer overtime costs associated with three
programs requested by City of Auburn: Teen Late Night, Citizen's Police Academy, and
Fireworks Emphasis Patrols. At an average overtime rate of$87, approximately 310 hours of
overtime will be worked.
City of Bellevue($15,560)
A request of$15,560 will be used to purchase Video Surveillance Tools that will enhance the
Police Department's ability to record, store, and view evidentiary video in a manner that is not
available today. It will also allow multiple law enforcement personnel access to view video
streams via their own Smart devices.
City of Burien ($25,485)
A request of$12,000 will cover overtime costs related to a new Foot/Bicycle Patrol program in
the downtown Burien area(at an average overtime rate of$75 per hour, approximately 160 hours
of overtime will be worked; a request of$7,500 will used for police officer training and training
associated overtime; and $5,985 will be used to purchase 2 Automated External Defibrillators
(AED) for police cars, and equipment to improve police officer safety and increase public safety.
Page 4
29
ATTACHMENT
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet & Narrative
City of Federal Way ($30,695)
A request of$30,695 is included to support 4 projects: $16,185 is included to purchase video and
audio recording for the Narcotics Unit; $2,219 is included to purchase Adobe Pro Software for
law enforcement personnel for public disclosure requests; $7,000 is included to purchase one
Taser; and $5,291 is included for the purchase of bar code scanning, document scanning, and
inventory for police evidence.
City of Kent ($57,455)
A request of$57,455 is included to support overtime and police programs for Kent Police
Department: $16,938 is included to pay Police Officer overtime for hotspot policing
(approximately 212 hours of overtime will be worked during 2014, 2015, and 2016); and
$40,517 is included to purchase GPS units for vulnerable populations, spy alarms, a facial
recognition workbench, graffiti removal kids, and work crew equipment.
King County ($201,709)
King County is requesting funding to support two King County Projects, including $116,000 to
support a Warrant Prevention Program, and $85,709 to support a District Court Data Clean-Up
Program.
City of Renton ($30,482)
City of Renton is requesting $30,482: $8,000 is included for Domestic Violence Training and
Conferences; $17,482 is included for protection, relocation, and emergency needs of domestic
violence victims; and $2,000 is included to purchase office items and supplies for the Domestic
Violence Program in the Renton Police Department.
City of SeaTac (S14,107)
A request of 14,100 is included for 141 hours of overtime for Active Shooter Training and $7 is
included for miscellaneous training supplies.
City of Shoreline ($10,314)
A request of$10,314 is included to purchase law enforcement equipment for Shoreline Police
Officers: 12 window tint meters, 4 complete SECTOR units, 8 digital cameras, 9 lockout kits,
and 60 rescue first aid kits.
City of Tukwila ($19,352)
A request of$19,352 is included to purchase law enforcement equipment for Tukwila Police
Officers: PA System, Firearms Trailer Generator, Community Policing Team Bike Gear, Go-
Bags, Less Lethal System, and Taser Training Cartridges.
Page 5
30
Agency Name: Sub Recipient Certification:
Seattle Police Department
610 5th Avenue I hereby certify under penalty of perjury that the items&totals
PO Box 34986 listed herein are proper charges for materials, merchandise,or
Seattle,WA 98124-4986 services furnished,and that all goods furnished and/or services
rendered have been provided in accordance with the approved
JAG Program Narrative and Project Budget,and comply with all
requirements set forth in the JAG Interagency Agreement.
Sub Recipient:
(Reimbursement is payable to)
City:
Address 1:
Address 2: Submitted by:
Sub Recipient Project Director
Attn: Date:
Approved by:
CFDA#16.738 Grant#2014 DJ BX 1034 Seattle JAG Program Manager
Project Title:
Date:
FY 2014 Justice Assistance Grant Program
Grant Term Dates:10/1/2013-9/30/2017
Submitted herewith for payment are expenditures made for services performed and/or supplies and materials received during
the above period. Duplicate copies of time sheet summary, invoices, proof of payment, proof of receipt,and signature are
attached. A Project Status Report,as outlined in the Interagency agreement, is also attached to this voucher.Original
documentation are maintained on file.
Current Past Cumulative
Project Budget Expenditures Expenditures Expenditures Balance
Personnel $ - $ - $ - $ - $ -
Fringe Benefits $ $ $ $ $
Travel/Training $ $ $ $ $
Equipment $ - $ - $ - $ -
Supplies $ - $ - $ - $ -
Consultants/Contracts $ $ $ $ $
Other $ - $ - $ - $ - $ -
TOTAL $ - $ - $ - $ - $ -
31
POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WISH IN GTO x Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Target Zero Manager Grant
MOTION: Recommend the Mayor accept a grant in the amount $124,000 from
the Washington Traffic Safety Commission to fund 60% of the salary and
benefits for the City's Community Education Coordinator who serves as the
Target Zero Manager for South King County, amend the budget, authorize
expenditure of the funds in accordance with the grant's terms, and authorize the
Mayor to sign all documents with terms and conditions acceptable to the city
attorney and police chief.
SUMMARY: The Community Education Coordinator within the Kent Police Department
currently serves as the Target Zero Manager for South King County. Among other
responsibilities, the Target Zero Manager facilitates task force meetings, leads
development and update of the traffic safety strategic plan, and coordinates high visibility
enforcement and media campaigns to generate awareness around Target Zero's priorities.
Under a prior grant, the City is reimbursed through the Washington Traffic Safety
Commission for a portion of the Community Education Coordinator's salary and benefits.
This grant would extend the City's commitment to provide the Target Zero Manager
through June 30, 2017, with the City receiving reimbursement for 60% of the salary and
benefits paid to the Community Education Coordinator for the services that employee
provides as the Target Zero Manager.
Exhibits: Interagency Agreement
Budget Impact: Income to reimburse the city for 60% of the salary and benefits of the
Target Zero Manager position with the city.
STUBLICTOLICETutic 5af yCo=ftte02015Vw0Targd ZaoM gaMotmtloc
32
INTERAGENCY AGREEMENT
BETWEEN
Kent Police Department AND
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT is made and entered into by and between the Kent Police Department
hereinafter referred to as "CONTRACTOR," and the Washington Traffic Safety Commission,
hereinafter referred to as 'WTSC."
THE PURPOSE OF THIS AGREEMENT is to provide funding for CONTRACTOR to provide
services as described in the Statement of Work, incorportated as "Exhibit A."
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The CONTRACTOR shall furnish the necessary personnel to act as the Target Zero Manager
(hereinafter referred to as "TZM") for the performance of duties as described in the Statement of
Work attached as Exhibit A.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence on July 1, 2015 and remain in
effect until June 30, 2017 unless terminated sooner, as provided herein.
COMPENSATION
Compensation for the work provided in accordance with this Agreement has been established
under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement
of Work will not exceed $124,000.00 (One hundred twenty-four THOUSAND DOLLARS). If the
CONTRACTOR intends to charge indirect costs, submission of a cost allocation plan or a
Federal cognizant agency letter is required. Payment for satisfactory performance of the work
shall not exceed this amount unless the parties mutually agree to a higher amount. The
following summarizes total project costs under this Agreement.
Summary of costs Amount
Employee salaries and benefits $124,000.00
TOTAL $124,000.00
STATE AND FEDERAL TERMS AND CONDITIONS:
ACTIVITY REPORTS
The CONTRACTOR agrees to submit quarterly reports and a final report on the activity of this
project in the form provided by the WTSC entitled "Traffic Safety Project Report" and
incorporated by reference as Exhibit B. Final reports are to be detailed and must describe
whether the project objectives were accomplished, if technical and fiscal problems were
encountered, and what improvements in traffic safety have resulted or probably will result.
Included in the final report will be copies of publications, training reports and any statistical data
33
generated in project execution. The final report is to be submitted to WTSC within 30 days of
termination of this Interagency Agreement.
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this
Agreement shall be made by the WTSC.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of the
parties.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express prior written
consent of the party, which consent shall not be unreasonably withheld. The CONTRACTOR
shall provide the WTSC a copy of all third-party contracts and agreements entered into for
purposes of fulfilling the Statement of Work outlined in Exhibit A. All third-party awards must
allow for the greatest practical competition in accordance with applicable procurement rules and
procedures.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce Agreement terms, each party agrees
to bear its own attorney fees and costs.
BILLING PROCEDURE
The CONTRACTOR shall submit invoices for reimbursement with supporting documentation to
WTSC monthly. All invoices for reimbursement shall be submitted using the A-19 attached as
Exhibit C or its pre-approved equivalent. Payment to the CONTRACTOR for approved and
completed work will be made by warrant or account transfer by WTSC within 30 days of receipt
of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall
be submitted within 45 days after the expiration date of this Agreement. All invoices for goods
received or services performed on or prior to June 30, must be received by WTSC no later
than August 15. All invoices for goods or services performed on or prior to September 30,
must be received by WTSC no later than November 15.
BUY AMERICA ACT
The CONTRACTOR will comply with the provisions of the Buy America Act (49 U.S.C. 53230)),
which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased
with Federal funds unless the Secretary of Transportation determines that such domestic
purchases would be inconsistent with the public interest, that such materials are not reasonably
available and of a satisfactory quality, or that inclusion of domestic materials will increase the
cost of the overall project agreement by more than 25 percent. Clear justification for the
34
purchase of non-domestic items must be in the form of a waiver request submitted to and
approved by the Secretary of Transportation.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The CONTRACTOR shall not use or disclose any information concerning the WTSC, or
information which may be classified as confidential, for any purpose not directly connected with
the administration of this agreement, except with prior written consent of the WTSC, or as may
be required by law.
COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49
CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational
institutions, and OMB Circular A-122 for nonprofit entities. The CONTRACTOR shall not utilize
Federal grant funds to replace routine and/or existing State or local expenditures; or utilize
Federal grant funds for costs of activities that constitute general expenses required to carry out
the overall responsibilities of State, local, or Federally-recognized Indian tribal governments.
COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that no person or selling agent has been employed or retained to
solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the CONTRACTOR for the purpose of securing business.
The WTSC shall have the right, in the event of breach of this clause by the CONTRACTOR, to
annul this agreement without liability or, in its discretion, to deduct from the agreement price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the CONTRACTOR (hereinafter in this section
referred to as "prospective lower tier participant') is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the Definition and Coverage
sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for
assistance in obtaining a copy of those regulations.
35
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency with
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not proposed for debarment under
48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the List of Parties Excluded from Federal Procurement and
Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department or
agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute
Board in the following manner: Each party to this Agreement shall appoint one member to the
Dispute Board. The members so appointed shall jointly appoint an additional member to the
Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable
statutes and rules and make a determination of the dispute. The determination of the Dispute
Board shall be final and binding on the parties hereto. As an alternative to this process, either
36
of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in
which event the Governor's process will control.
DRUG-FREE WORKPLACE
In accordance with the Drug-Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644),
the CONTRACTOR shall publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited
in the workplace and shall specify the actions that will be taken against employees for violation
of such provision. The CONTRACTOR shall establish a drug-free awareness program and
require that employees provide notification of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such incident. The CONTRACTOR shall
notify WTSC within ten days after such notification by an employee engaged in the performance
of the grant. Within 30 days, the CONTRACTOR will take appropriate personnel action against
such employee, up to and including termination, and require the employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes
by a Federal, state, or local health, law enforcement, or other appropriate agency.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
In accordance with FFATA, the CONTRACTOR shall, upon request, provide WTSC the names
and total compensation of the five most highly compensated officers of the entity if:
(i) the entity in the preceding fiscal year received—
(. 80 percent or more of its annual gross revenues in Federal awards;
II. $25,000,000 or more in annual gross revenues from Federal awards; and
(ii) the public does not have access to information about the compensation of the senior
executives of the entity through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986;
FEDERAL LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, 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 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. 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 Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
37
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the
state of Washington and any applicable federal laws. The provisions of this Agreement shall be
construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
a. Applicable state and federal statutes and rules;
b. Terms and Conditions of this agreement;
c. Any Amendment executed under this Agreement;
d. Any Statement of Work executed under this Agreement; and
e. Any other provisions of the agreement, including materials incorporated by reference.
INCOME
Income earned by the CONTRACTOR with respect to the conduct of the Statement of Work
(e.g. sale of publications, registration fees, service charges) must be accounted for and income
applied to project purposes or used to reduce project costs.
INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold
harmless state, agencies of state and all officials, agents and employees of state, from and
against all claims for injuries or death arising out of or resulting from the performance of the
Agreement. The CONTRACTOR's obligation to indemnify, defend, and hold harmless includes
any claim by the CONTRACTOR's agents, employees, representatives, or any subcontractor or
its employees. The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless
the state for any claim arising out of or incident to CONTRACTOR's or any subcontractor's
performance or failure to perform the Agreement.
The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend and hold harmless state and its agencies, officials, agents or employees.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement
shall continue to be employees or agents of that party and shall not be considered for any
purpose to be employees or agents of the other party.
INDUSTRIAL INSURANCE COVERAGE
The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If
the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or
penalties on behalf of its employees as may be required by law, the WTSC may collect from the
CONTRACTOR the full amount payable to the Industrial Insurance accident fund. The WTSC
may deduct the amount owed by the CONTRACTOR to the accident fund from the amount
payable to the CONTRACTOR by the WTSC under this Agreement, and transmit the deducted
38
amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This
provision does not waive any of L&I's rights to collect from the CONTRACTOR.
LICENSING, ACCREDITATION AND REGISTRATION
The CONTRACTOR shall comply with all applicable local, state, and federal licensing,
accreditation and registration requirements/standards, necessary for the performance of this
Agreement.
NONDISCRIMINATION
The CONTRACTOR will comply with all Federal statutes and implementing regulations relating
to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the
basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and
1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the
Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et
seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27);
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits
discrimination on the basis of age;
(e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal-aid
recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of
their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C.
290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records;
(i) Title VII I of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to
nondiscrimination in the sale, rental or financing of housing;
Q) any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and
(k) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
In the event the CONTRACTOR is in non-compliance or refuses to comply with any
nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled or
terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further
contracts with the WTSC. The CONTRACTOR shall, however, be given a reasonable time in
which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
PERSONNEL
If CONTRACTOR personnel performing the required tasks and activities of this agreement
separate from service or otherwise terminate their employment with the CONTRACTOR,
whether voluntarily or involuntarily, the CONTRACTOR must receive prior written approval of
the WTSC in advance of recruitment and selection of substitute personnel. In circumstances
when performance of the provisions of this agreement constitutes more than fifty percent of the
39
time of the CONTRACTOR's designated personnel, the CONTRACTOR will make available to
the WTSC the opportunity to actively participate in recruitment and selection.
POLITICAL ACTIVITY (HATCH ACT)
The CONTRACTOR will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which
limits the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs expended by either
party in the performance of the service(s) described herein. These records shall be subject to
inspection, review or audit by personnel of both parties, other personnel duly authorized by
either party, the Office of the State Auditor, and federal officials so authorized by law. All books,
records, documents, and other material relevant to this Agreement will be retained for six years
after expiration and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these materials
during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the
other party, will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose or make available this material to any third parties without first
giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each
party will utilize reasonable security procedures and protections to assure that records and
documents provided by the other party are not erroneously disclosed to third parties.
REGISTRATION WITH DEPARTMENT OF REVENUE
The CONTRACTOR shall complete registration with the Washington State Department of
Revenue and be responsible for payment of all taxes due on payments made under this
Agreement.
RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to the WTSC, or any of its
officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and/or quality assurance under this Agreement.
The CONTRACTOR shall make available information necessary for WTSC to comply with the
client's right to access, amend, and receive an accounting of disclosures of their Personal
Information according to the Health Insurance Portability and Accountability Act of 1996
(HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable
provisions of Washington State law. The CONTRACTOR shall upon request make available to
the WTS and the U.S. Secretary of the Department of Health & Human Services all internal
policies and procedures, books, and records relating to the safeguarding, use, and disclosure of
Personal Information obtained or used as a result of this Agreement.
RIGHTS IN DATA
Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as
defined by the U.S. Copyright Act and shall be owned by the WTSC and the State Of
Washington. In the event the Materials are not considered "works for hire" under the U.S.
Copyright laws, the CONTRACTOR hereby irrevocably assigns all right, title, and interest in
40
data, including all intellectual property rights, to the WTSC effective from the moment of
creation. Data shall include, but not be limited to data, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Ownership includes the right to copyright, patent, register, and the ability
to transfer these rights.
The CONTRACTOR may publish, at its own expense, the results of project activities without
prior review by the WTSC, provided that any publications (written, visual, or sound) contain
acknowledgment of the support provided by the National Highway Traffic Safety Administration
(NHTSA) and the WTSC. Any discovery or invention derived from work performed under this
project shall be referred to the WTSC, who will determine through NHTSA whether patent
protections will be sought, how any rights will be administered, and other actions required to
protect the public interest.
SAVINGS
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, the WTSC may
terminate the Agreement under the "Termination for Convenience" clause, without the ten day
notice requirement, subject to renegotiation at the WTSC's discretion under those new funding
limitations and conditions.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which
can be given effect without the invalid provision, if such remainder conforms to the requirements
of applicable law and the fundamental purpose of this agreement, and to this end the provisions
of this Agreement are declared to be severable.
SITE SECURITY
While on AGENCY premises, the CONTRACTOR, its agents, employees, or subcontractors
shall conform in all respects with physical, fire or other security policies or regulations.
STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge
or influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct
and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a
State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State
practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
TAXES
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of
the CONTRACTOR.
TERMINATION
Either party may terminate this Agreement upon thirty (30) days prior written notification to the
other party. If this Agreement is so terminated, the parties shall be liable only for performance
41
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective
date of termination.
TERMINATION FOR CAUSE
If, for any cause, either party does not fulfill in a timely and proper manner its obligations under
this Agreement, or if either party violates any of these terms and conditions, the aggrieved party
will give the other party written notice of such failure or violation. The responsible party will be
given the opportunity to correct the violation or failure within fifteen (15) working days. If failure
of violation is not corrected, this Interagency Agreement may be terminated immediately by
written notice of the aggrieved party to the other.
TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, the WTSC may, by 10 days written notice,
beginning on the second day after the mailing, terminate this Agreement in whole or in part. If
this Agreement is so terminated, the WTSC shall be liable only for payment required under the
terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
TREATMENT OF ASSETS
1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all
property furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is
entitled to be reimbursed as a direct item of cost under this Agreement, shall pass to and
vest in the WTSC upon delivery of such property by the CONTRACTOR. Title to other
property, the cost of which is reimbursable to the CONTRACTOR under this Agreement,
shall pass to and vest in the WTSC upon (i) issuance for use of such property in the
performance of this Agreement, or (ii) commencement of use of such property in the
performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in
whole or in part, whichever first occurs.
2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise provided
herein or approved by the WTSC, be used only for the performance of this Agreement.
3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC
which results from the negligence of the CONTRACTOR or which results from the failure on
the part of the CONTRACTOR to maintain and administer that property in accordance with
sound management practices.
4. If any WTSC property is lost, destroyed or damaged, the CONTRACTOR shall immediately
notify the WTSC and shall take all reasonable steps to protect the property from further
damage.
5. The CONTRACTOR shall surrender to the WTSC all property of the CONTRACTOR prior to
settlement upon completion, termination or cancellation of this Agreement.
6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR 's
employees, agents or Subcontractors.
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original Agreement.
DESIGNATED CONTACT
The following named individuals will serve as designated contacts for each of the parties, for all
communications and billings regarding the performance of this Agreement:
42
The Contact for the CONTRACTOR is: The Contact for WTSC is:
Sara Wood Edica Esqueda
Project Director— South King County Program Manager—WTSC
Target Zero Task Force P.O. Box 40944
220 4`h Avenue South Olympia, WA 98504-0944
Kent, WA 98032 (360) 725-9886 (office)
253-856-5856 (office) (360) 586-6489 (fax)
253-856-6800 fax
IN WITNESS WHEREOF, the parties have executed this Agreement.
AGENCY NAME
Signature
Suzette Cooke
Printed Name
Mayor
Title Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Chris Madill
Printed Name
Deputy Director
Title Date
43
Exhibit A
STATEMENT OF WORK
• General. CONTRACTOR shall provide personnel to serve as the Target Zero
Manager (TZM) providing services consistently for the entire period of performance. The
TZM will perform TZM duties exclusively for the following county(s): King County.
Required Core Tasks
(Approximately 50%of coordinator time)
Task: Facilitating Task Force Meeting
Deliverables Reporting
• Conduct monthly or quarterly Task Force Taskforce meeting dates
meetings
• Expand task force membership through new
partnerships with local/regional/tribal
stakeholders
Task: Leading development and update of the CountylRegion Traffic Safety Strategic Plan
Deliverables Reporting
• Strategic plan that has been approved in Describe recent efforts in creating/updating
the past 12 months the strategic plan
• Diverse stakeholder involvement in
strategic plan development
Task: Coordinating High Visibility Enforcement and Media Campaigns
Deliverables—AllHigh Visibility Enforcement Reporting
and Media Campaigns (HVEM)
• Determine funding amounts for each Submit mobilization funding plan spreadsheet
participating law enforcement agency detailing amounts for each participating law
• Create and submit signed interagency enforcement agency and emphasis type
agreements for each participating law Submit County mobilizations funding plan status
enforcement agency report with quarterly report
• Monitor interagency agreements for budget
and performance
Deliverables—StatewideHVEM Reporting
• Provide input to localize WTSC news releases Submit HVE activity total log to WTSC within
• Conduct community outreach one week prior 72 hours end of the mobilization
and during the statewide mobilization Submit county/region law enforcement
• Forward news releases and detailed HVE participation summary within 72 hours
campaign information to LE agency media Submit community outreach report form with
contacts. quarterly report
Deliverables—Local Mobilizations(Flex, Target Reporting
Zero Teams, pilot, other HVEMprojects)
• Develop HVE enforcement plans quarterly Submit HVE enforcement plans quarterly(or
• Develop and distribute news releases to annually)
publicize HVE Flex patrols Submit HVE activity total log to WTSC within
44
• Conduct community outreach to support HVE one week of patrols
Flex patrols Submit copies of news releases sent to local
• Develop localized media creative to support media with quarterly report
HVE Flex patrols (required for TZT, optional Submit media and community outreach report
otherwise.) form with quarterly report
• Submit county/region law enforcement
participation summary with quarterly report
Task: Complete required reports
Deliverables Reporting
• Complete quarterly reports and billable hour Submission of Quarterly Reports to WTSC
logs within 30 days of end of quarter
• Submission of Daily Billable Hours logs to
WTSC within 10 business days after the end
month
Task: Participating in WTSC-sponsored training and development events
Deliverables I Reporting
• Attend annual TZM meeting and other Provide summary on development events,upon
development events as assigned or upon request
approval
StrateLies related to the Target Zero Plan
(Approximately 30%of coordinator time)
Strategy: Generate awareness and news media around Target Zero Plan priorities
Deliverables I Reporting
Create unpaid media opportunities via social Describe recent results in generating news
media,web,print,radio,PSA's, and other media for local Target Zero Plan priorities
media formats Copies of news releases sent to media
Strategy: Publicizing data trends and Target Zero priorities based on fatality and serious
injury data
Deliverables Reporting
• Deliver traffic safety presentations to the local Number of presentations to local stakeholders
Task Force, affiliated agencies, councils,
commissions, employers, civic groups, and
other stakeholders highlighting local trends and
opportunities
Strategy: Coordinate enforcement, education, and engineering efforts for pedestrian safety
Deliverables I Reporting
• Coordinate efforts of law enforcement, Include project status reports within
engineering targeting pedestrian safety quarterly reports
• Conduct pedestrian education campaigns in
support of enforcement/engineering efforts
45
Strategy: Encourage peer-delivered youth traffic safety awareness programs
Deliverables I Reporting
• Educate high school administrators and student Describe outreach efforts to
leaders on available programs and resources for administrators/student leaders and results
student led traffic safety programs
Strategy: Educate parents around young driver issues
Deliverables Reporting
Inform parents about young driver risk and Dates of presentations to parents on young
their roles in enforcing the elements of the driver issues
Intermediate Driver's License o Driver Training School Parent Nights
o Parent Teacher Organization meetings
(PTO/PTA)
Strategy: Encourage training opportunities for alcohol/drug detection and effective
prosecution
Deliverables Reporting
• Regularly communicate with local law Describe communication work within quarterly
enforcement and prosecuting agencies about reports
training opportunities such as:
o Blood Alcohol Content Training(BAC)
o Standard Field Sobriety Testing(SFST)
o Advanced Roadside Impaired Driving
Enforcement (ARIDE)
o Traffic Safety Resource Prosecutor(TSRP)
Strategy: Promote car seat technician training
Deliverables Reporting
• Recruit candidates for car seat technician training • Describe recruitment for car seat
• Promote local inspection stations and events technical training and promotion
efforts of inspection events
Strategy: Other Target Zero Plan Strategies
Deliverables Reporting
• Promote Data Driven Approaches to Crime and • Include DDACTS status reports within
Traffic Safety (DDACTS)DDACTS quarterly reports
• Assist in the implementation of targeted • Include results of DDACTS patrols within
enforcement patrols in support of the Kent quarterly reports.
Police Department's DDACTS grant.
46
Other Duties
(Approximately 20%of coordinator time)
Other Duties:Support King County Distracted Driviu Grant
Deliverables Reporting
Work with North King County TZM to develop FIVE • Include Results within quarterly reports.
enforcement plans and local media in support of the
King County Distracted Driving Grant.
Other Duties:Anti-Street Racing Public Awareness
Deliverables Reporting
Assist in promotinge an anti- Street Racing message • Describe efforts within the quarterly reports.
through PSA's and literature in support of the State
Farm Grant.
47
Exhibit B
WA 5 H I Traffic N G T O®®N
Safety
c O M M I s s I O N
Traffic Safety Project Report
Agency: Date Submitted:
Project Title: JWTSC Contract Number:
Report Submitted By: IGrantee Contract Number (if applicable):
Quarterly Report Number:
❑1st Quarter Report Oct. 1 — Dec. 31 Due on Jan. 30
❑2" Quarter Report Jan. 1 — Mar. 31 Due on Apr. 30
❑Y Quarter Report Apr. 1 — Jun. 30 Due on Jul. 30
❑4 Quarter Report July 1 — Sept. 30 Due on Oct. 30
Other Report:
❑Final Report Due within 30 days of project close
Required Core Tasks
(Approximately 50%of coordinator time)
Task: Facilitating Task Force Meeting
Deliverables Reporting
• Conduct monthly or quarterly Task Force Taskforce meeting dates
meetings
• Expand task force membership through new
partnerships with local/regional/tribal
stakeholders
Narrative:
Task: Leading development and update of the CountylRegion Traffic Safety Strategic Plan
Deliverables Reporting
• Strategic plan that has been approved in the Describe recent efforts in creating/updating the
past 12 months strategic plan
• Diverse stakeholder involvement in strategic
plan development
Narrative:
48
Task: Coordinating High Visibility Enforcement and Media Campaigns
Deliverables—AllHigh Visibility Enforcement Reporting
and Media Campaigns (HVEM)
• Determine funding amounts for each • Attach mobilization funding plan spreadsheet
participating law enforcement agency detailing amounts for each participating law
• Create and submit signed interagency enforcement agency and emphasis type
agreements for each participating law • County mobilizations funding plan status update
enforcement agency
• Monitor interagency agreements for budget
and performance
Narrative:
Deliverables—StatewideHVEM Reporting
• Provide input to localize WTSC news releases • Description of LEA participation in Statewide
• Conduct community outreach one week prior HVEM, including list of agencies,patrol types,
and during the statewide mobilization and successes and problems encountered during
• Forward news releases and detailed HVE quarter.
campaign information to LE agency media • Community outreach report form with quarterly
contacts. report
Narrative:
Deliverables—Local Mobilizations(Flex, Reporting
Target Zero Teams, pilot, other HVEM
projects)
• Develop HVE enforcement plans quarterly • Attach HVE enforcement plans
• Develop and distribute news releases to • Attach copies/links of news releases sent to
publicize HVE Flex patrols media
• Conduct community outreach to support HVE • Attach media and community outreach report
Flex patrols form
• Develop localized media creative to support • Attach county/region law enforcement
HVE Flex patrols (required for TZT, optional participation summary
otherwise.)
Narrative:
49
Task: Participating in WTSGsponsored training and development events
Deliverables Reporting
• Attend annual TZM meeting and other Provide summary on development events,upon
development events as assigned or upon request
approval
Narrative:
StrateLies related to the Target Zero Plan
Strategy: Generate awareness and news media around Target Zero Plan priorities
Deliverables Reporting
Create unpaid media opportunities via social Describe recent results in generating news
media,web,print,radio,PSA's, and other media for local Target Zero Plan priorities
media formats Copies of news releases sent to media
Narrative:
Strategy: Publicizing data trends and Target Zero priorities based on fatality and serious
injury data
Deliverables Reporting
• Deliver traffic safety presentations to the local Number of presentations to local stakeholders
Task Force, affiliated agencies, councils,
commissions, employers, civic groups, and
other stakeholders highlighting local trends and
opportunities
Narrative:
Strategy: Coordinate enforcement, education, and engineering efforts for pedestrian safety
Deliverables Reporting
• Coordinate efforts of law enforcement, Include project status reports within
engineering targeting pedestrian safety quarterly reports
• Conduct pedestrian education campaigns in
support of enforcement/engineering efforts
Narrative:
50
Strategy: Encourage peer-delivered youth traffic safety awareness programs
Deliverables Reporting
• Educate high school administrators and student • Describe outreach efforts to
leaders on available programs and resources for administrators/student leaders and results
student led traffic safety programs
Narrative:
Strategy: Educate parents around young driver issues
Deliverables Reporting
Inform parents about young driver risk and Dates of presentations to parents on young
their roles in enforcing the elements of the driver issues
Intermediate Driver's License o Driver Training School Parent Nights
o Parent Teacher Organization meetings
(PTO/PTA)
Narrative:
Strategy: Encourage training opportunities for alcohol/drug detection and effective
prosecution
Deliverables Reporting
• Regularly communicate with local law Describe communication work within quarterly
enforcement and prosecuting agencies about reports
training opportunities such as:
o Blood Alcohol Content Training(BAC)
o Standard Field Sobriety Testing(SFST)
o Advanced Roadside Impaired Driving
Enforcement (ARIDE)
o Traffic Safety Resource Prosecutor(TSRP)
Narrative:
51
Strategy: Promote car seat technician training
Deliverables Reporting
• Recruit candidates for car seat technician Describe recruitment for car seat technical
training training and promotion efforts of inspection
• Promote local inspection stations and events events
Narrative:
Strategy: Other Target Zero Plan Strategies
Deliverables Reporting
• Promote Data Driven Approaches to Crime and • Include DDACTS status reports within
Traffic Safety (DDACTS)DDACTS quarterly reports
• Assist in the implementation of targeted • Include results of DDACTS patrols within
enforcement patrols in support of the Kent quarterly reports.
Police Department's DDACTS grant.
Narrative:
Other Duties
(Include function and measurement method)
Other Duties:Support King County Distracted Drivin Grant
Deliverables Reporting
Work with North King County TZM to develop • Include Results within quarterly reports.
HVE enforcement plans and local media in
support of the King County Distracted Driving
Grant.
Narrative:
Other Duties:Anti-Street Racing Public Awareness
Deliverables I Reporting
Assist in promotinge an anti- Street Racing • Describe efforts within the quarterly reports.
message through PSA's and literature in support
of the State Farm Grant.
Narrative:
52
Other Comments:
TZM Signature Date Project Director Signature Date
TZM Printed Name Project Director Printed Name
53
Exhibit C
FORM STATE OF WASHINGTON AGENCY USE ONLY
A19-TZM ., ', INVOICE VOUCHER AGENCY NO. Program Manager
(Rev.5/13) "'�`
1. AGENCY NAME
WTSC ONLY
Washington Traffic Safety Commission
621 81h Ave SE, Suite 409 Date
PO Box 40944
Olympia, WA 98504 Project#__________________
Approved ey-----------------
VENDOR OR CLAIMANT(Warrant is to be payable to)
Vendor's Certificate: I hereby certify under penalty of perjury that the items
and totals listed herein are proper charges for materials,merchandise or
services furnished to the State of Washington,and that all goods furnished
and/or services rendered have been provided without discrimination
because of age,sex,marital status,race,creed,color,national origin,
handicap,religion,or Vietnam era or disabled veterans status.
BY
PROJECT DIRECTOR
SWV#: Print Name
Fed ID#:
Date
Project Title: Target Zero Managers
Inclusive Dates of Claim- From: to
Submitted herewith for payment are expenditures made for services made for services performed and/or supplies and materials received
during the above period. Original documentation including time slips, invoices and vouchers are maintained with hosting agency. Ensure
duplicate copies of a time sheet summary, invoices,vouchers, etc.are attached.Invoice must be received by WTSC no later
than the 15'h of each month following the current billing cycle.
Project Budget Expenditures Claimed Cumulative Balance
This Period Expenditures to Date
Salaries and Waqes
Employee Benefits
Contractual Services
Indirect Costs
SUBTOTAL
ADJUSTED TOTAL
REF I TRANS I M I FUND I MASTER INDEX SUB I SUB I ORG I WORKCUSS I COUNTY I CITY/TOWN IPROJECI SUB I PROJ I AWUNT I INVOICE NUNUER
54
DOC CODE 0 OBJ SUB INDEX T PROJ PHAS
SITE D APPN PROGRAM OBJECT ALLOC BUDGET MCA
INDEX INDEX UNIT
ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER
55
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: June 9, 2015
TO: Public Safety Committee
SUBJECT: WTSC MOU - Distracted Driving Enforcement - Recommend
MOTION: Recommend Council authorize the Mayor to accept the Washington
Traffic Safety Commission Grant in the amount of $3,000 for the King County
distracted driving focused patrols, authorize the Mayor to sign all documents,
amend the budget, and authorize expenditure of the funds in accordance with
grant terms and conditions acceptable to the Police Chief and City Attorney.
SUMMARY: Gant funds were awarded to Kent for distracted driving focused enforcement
patrols from May 31, 2015 - June 13, 2015 (phase 1) and September 13, 2015 -
September 26, 2015 (phase 2) as coordinated by the South King County Target Zero
Manager. This grant is funded by the Washington Traffic Safety Commission as part of its
Target Zero program, whose goal is to achieve "0" serious injuries and fatalities on
Washington roadways by the year 2030. The grant funds will be used to pay police officer
overtime credited to the focused patrols.
Kent is awarded $3,000 for both phases of this project.
Exhibit: Memorandum of Understanding
Budget Impact: Unanticipated Income and Expense
ST1 LICTOLICE\PoWic Safely CmmNLLeeA201Nw0W5T5C MOU DiNaded Dnvivg Motion do=
56
ryyY 51AiyR {� 1. d fN
'P 14 P9 A.0
MEMORANDUM OFUNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and
between the Kent Police Department (Agency) and the Washington Traffic Safety
Commission (WTSC).
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE),
traffic safety emphasis patrols, in support of Target Zero priorities. The Target Zero
Managers and Law Enforcement Liaisons assigned to your county shall
coordinate the Scope of Work as outlined below:
TERM: April 1, 2015 - September 30, 2015
AMOUNTS
King County Distracted Driving Funding: $3,000.00
CFDA#:
ao. loly
These funds shall not be commingled and are only to be
utilized for the specific emphasis area.
SWV 0000552--00
(Agency) Statewide Vendor Number
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. GOAL: To reduce traffic related deaths and serious injuries by engaging in
multijurisdictional HVE patrols in the areas of cell phone distraction among drivers.
2. SCOPE OF WORK:
Distracted Driving:
Agency will engage in multijurisdictional HVE cell phone distraction-focused patrols
on some or all of the following dates:
Primary Campaigns: May 31 — June 13, 2015 and September 13 — 26, 2015;
Funds permitting (not guaranteed), the TZM may coordinate other patrols during this
MOU term. These patrols shall occur where the highest rates of cell phone use
among drivers occur in your geographic area of King County. Agency agrees to
take a zero tolerance approach to cell phone-related distraction violations.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the cell
phone distraction patrol shifts.
Page 1 of 7
57
3. CONDITIONS:
Agency will deploy highly skilled officers in coordination with other King County law
enforcement agencies and the King County Target Zero Task Force to generate the
highest amount of deterrence possible. Officers working the overtime will conduct a
minimum of three (3) self-initiated contacts per hour.
These are enforcement activities intended to apprehend cell phone distracted
drivers. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at
contact unless circumstances dictate otherwise.
All of these patrols are conducted as part of highly publicized efforts. As such,
publicity campaigns about these patrols are planned to alert the public to the fact
that extra patrols are targeting these violations. Therefore, Agency must assist
Target Zero Managers with media requests and questions.
4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law
enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime
basis (not to exceed 1.5 times their normal salary and benefits) to participate in
these emphasis patrols.
5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than
eight hours. (WTSC understands there may be instances when more than eight
hours are billed because of DUI or other arrest processing, etc.)
6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom
reimbursement is claimed has exceeded his/her normal monthly working hours when
participating in this emphasis patrol and is authorized to be paid the amount
requested. Agency understands that reserve officers are not eligible for overtime for
this project.
7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for
work on this project providing Agency has received prior approval from their local
Target Zero Manager.
8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits.
The total cost of overtime and benefits shall not be exceeded in any one campaign
area and funds may not be commingled between campaign areas.
Upon agreement by the Agency and the local Target Zero Manager, the distraction
allocation may be increased or decreased without amending this agreement
PROVIDED THAT the increase in the allocation does not exceed 50% of the original
agreed amount for the specific emphasis area. Any increase in allocation exceeding
50% will require an amendment to this document.
9. PERFORMANCE STANDARDS:
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58
a. Participating law enforcement officers are required to make a minimum of 3
self-initiated contacts per hour of enforcement.
b. Some violator contacts may result in related, time-consuming activity. This
activity is reimbursable.
c. Other activities, such as collision investigation or emergency response that
are not initiated through emphasis patrol contact WILL NOT be reimbursed.
10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (Al9-1A Form).
1) Agency identified as the "Claimant"
2) Statewide Vendor Number (bottom of Claimant box)
3) A Federal Tax ID #,
4) Original signature of the agency head, command officer or
contracting officer.
5) Other information denoted by arrows on the form
b. Payroll support documents (signed overtime slips, payroll documents, etc.).
c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour.
Emphasis Patrol Activity Logs cannot be modified.
Payment cannot be made unless these activity logs are included.
The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis
Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The
Target Zero Manager will forward these documents to WTSC for processing and
payment.
11. DEADLINES FOR CLAIMS
All claims must be approved by your Target Zero Manager, please allow
adequate time for processing in order to meet the following deadlines:
a. First Deadline: All claims for reimbursement for emphasis conducted from April
1, to June 30, must be received by WTSC no later than August 15, 2015.
b. Second Deadline: All claims for reimbursement for emphasis conducted
between July 1 and September 30 must be received by WTSC no later than
November 15, 2015.
Invoices submitted for reimbursement after the above dates, will not be paid.
WTSC will NOT accept faxed invoices.
12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel
consisting of one representative of the WTSC, one representative from Agency, and a
mutually agreed upon third party. The dispute panel shall decide the dispute by majority
vote.
Page 3 of 7
59
13. TERMINATION: Either party may terminate this agreement upon 30 days written
notice to the other party. In the event of termination of this Agreement, the terminating
party shall be liable for the performance rendered prior to the effective date of
termination.
14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project
supplant the normally budgeted funds of this agency nor do these funds pay for routine
traffic enforcement normally provided by this agency.
15. BUY AMERICA ACT: The Agency will comply with the provisions of the Buy
America Act (49 U.S.C. 53230)), which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be
purchased with Federal funds unless the Secretary of Transportation determines that
such domestic purchases would be inconsistent with the public interest, that such
materials are not reasonably available and of a satisfactory quality, or that inclusion of
domestic materials will increase the cost of the overall project contract by more than 25
percent. Clear justification for the purchase of non-domestic items must be in the form
of a waiver request submitted to and approved by the Secretary of Transportation.
16. DEBARMENT AND SUSPENSION: Instructions for Lower Tier Certification
a. By signing and submitting this proposal, the Agency (hereinafter in this section
referred to as "prospective lower tier participant') is providing the certification set
out below.
b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to
the person to which this proposal is submitted if at any time the prospective lower
tier participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
d. The terms covered transaction, debarred, suspended, ineligible, lower tier
covered transaction, participant, person, primary covered transaction, principal,
proposal, and voluntarily excluded, as used in this clause, have the meanings set
out in the Definition and Coverage sections of 49 CFR Part 29. You may contact
the person to whom this proposal is submitted for assistance in obtaining a copy
of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is proposed for
debarment under 48
f. CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
g. The prospective lower tier participant further agrees by submitting this proposal
that it will include the clause titled "Certification Regarding Debarment,
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60
Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions. (See below)
h. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not proposed
for debarment under
i. 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not
required to, check the List of Parties Excluded from Federal Procurement and
Non-procurement Programs.
j. Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render in good faith the certification required by
this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
k. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the
Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --
Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
17. FEDERAL LOBBYING: The undersigned certifies, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, 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 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.
b. 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 Federal contract,
Page 5 of 7
61
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in
the award documents for all sub-award at all tiers (including subcontracts,
subgrants, and contracts under grant, loans, and cooperative agreements) and
that all subrecipients 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. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
18. NONDISCRIMINATION: The Agency will comply with all Federal statutes and
implementing regulations relating to nondiscrimination. These include but are not limited
to:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits
discrimination on the basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683
and 1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the
Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C.
12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR
Part 27);
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which
prohibits discrimination on the basis of age;
(e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal-
aid recipients and all subrecipients to prevent discrimination and ensure
nondiscrimination in all of their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism;
(h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42
U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse
patient records;
(i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.),
relating to nondiscrimination in the sale, rental or financing of housing;
0) any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and
(k) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
In the event the Agency is in non-compliance or refuses to comply with any
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or
terminated in whole or in part, and the Agency may be declared ineligible for further
contracts with the VVTSC. The Agency shall, however, be given a reasonable time in
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62
which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
19. POLITICAL ACTIVITY (HATCH ACT): The Agency will comply with provisions of
the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees
whose principal employment activities are funded in whole or in part with Federal funds.
20. STATE LOBBYING: None of the funds under this program will be used for any
activity specifically designed to urge or influence a State or local legislator to favor or
oppose the adoption of any specific legislative proposal pending before any State or
local legislative body. Such activities include both direct and indirect (e.g., "grassroots")
lobbying activities, with one exception. This does not preclude a State official whose
salary is supported with NHTSA funds from engaging in direct communications with
State or local legislative officials, in accordance with customary State practice, even if
such communications urge legislative officials to favor or oppose the adoption of a
specific pending legislative proposal.
IN VTN HEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT,
Kent Police Department Washing on Traffic Safety
Signature Commission Signature
(Date) (Date)'
Agency Address (where fully executed copy of this document will be mailed):
Street
City, State Zip Attn:
Please return this signed MOU to your Target Zero Manager:
John Pagel
Kent Police Department TZM Appro a° cl
220 4th Avenue South Date 3- " S
Kent, WA 98032 Initial
Target Zero Manager will process and forward this signed document to WTSC
Page 7 of 7
63
LAW DEPARTMENT
\ � Tom Brubaker, City Attorney
v KtNT Phone: 253-856-5770
. . ..... Fax: 253-856-6770
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Massage and Reflexology Services Ordinance— Recommend
MOTION: Recommend Council adopt an Ordinance amending Title 9 of the Kent
City Code entitled "Public Safety," by adding a new Chapter 9.04, entitled
"Massage and Reflexology Services," and amending Chapter 5.01, entitled
"General Business Licenses," by adding a new section 5.01.135, entitled
"Massage or reflexology businesses — Conviction for prostitution or fraud related
activity — Conviction for violation of Chapter 9.04 KCC — Denial or revocation of
business license."
SUMMARY: Licensed massage practitioners and reflexologists play an important role in
the health and wellbeing of our community. While massage therapists and reflexologists
must obtain a state license to practice, Washington State engages in little regulation of
massage parlors themselves. In Kent, as in most other Washington jurisdictions,
massage parlors have opened to provide massage and reflexology by non-licensed
practitioners. There is no way to ensure that the practitioners providing these services
comply with the health and safety requirements of state law. Moreover, these businesses
are, on occasion, engaged in criminal activity such as prostitution. The Kent Police
Department has investigated some of the unlicensed businesses, and has established
probable cause to file criminal charges. However, these investigations are very time
consuming and resource intensive. In addition, there have been circumstances in which
businesses employing non-licensed massage and reflexology practitioners have been
charged with a criminal offense, and later reopen to provide the same services under a
different name. These illegitimate service providers threaten the reputation of licensed
massage practitioners, and threaten the public health, safety and welfare. Requiring all
massage and reflexology providers to be licensed under state law, and requiring all
practitioners and business owners to be responsible for proper state licensing will reduce
the incidence of criminal activity, will protect the reputation of properly licensed providers,
and will protect the public health, safety and welfare.
Exhibit: Ordinance
Budget Impact: None
S T1 LICTOLICE1PoWic Safely Co=de02015VmMOrok—Am®NvgKCC 9.04.doc
64
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 9 of the
Kent City Code entitled "Public Safety," by adding a
new Chapter 9.04, entitled "Massage and
Reflexology Services," and amending Chapter 5.01,
entitled "General Business Licenses," by adding a
new section 5.01.135, entitled "Massage or
reflexology businesses — Conviction for prostitution
or fraud related activity — Conviction for violation of
Chapter 9.04 KCC — Denial or revocation of
business license."
RECITALS
A. Licensed massage practitioners and reflexologists play an
important role in the health and wellbeing of our community.
B. While massage therapists and reflexologists must obtain a
state license to practice, Washington State engages in little regulation of
massage parlors themselves.
C. In Kent, as in most other Washington jurisdictions, massage
parlors have opened to provide massage and reflexology by non-licensed
practitioners. There is no way to ensure that the practitioners providing
65
these services comply with the health and safety requirements of state
law.
D. Moreover, these businesses are, on occasion, engaged in
criminal activity such as prostitution. The Kent Police Department has
investigated some of the unlicensed businesses, and has established
probable cause to file criminal charges. However, these investigations are
very time consuming and resource intensive. In addition, there have
been circumstances in which businesses employing non-licensed massage
and reflexology practitioners have been charged with a criminal offense,
and later reopen to provide the same services under a different name.
E. These illegitimate service providers threaten the reputation of
licensed massage practitioners, and threaten the public health, safety and
welfare.
F. Requiring all massage and reflexology providers to be licensed
under state law, and requiring all practitioners and business owners to be
responsible for proper state licensing will reduce the incidence of criminal
activity, will protect the reputation of properly licensed providers, and will
protect the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, - Amendment. Title 9 of the Kent City code, entitled
"Public Safety," is amended by adding a new chapter 9.04 entitled
"Massage and Reflexology Services," as follows:
66
Sec. 9.04.010. Purpose. The Kent City Council recognizes the
health and wellness benefits of massage and reflexology, and that
massage and reflexology businesses in the city of Kent serve a legitimate
and beneficial purpose in the community. The Council also recognizes that
there are some businesses that hold themselves out as massage or
reflexology businesses, but employ unlicensed persons to provide massage
and uncertified persons to provide reflexology who fail to follow state
health and licensing requirements, and do not have the proper training
required to obtain a state license or certification. In addition, these
businesses that employ unlicensed or uncertified persons to provide
massage and reflexology can be used to facilitate the commission of
various criminal acts, including but not limited to prostitution. These
businesses that permit unlicensed or uncertified persons to perform
massage and reflexology or permit the commission of unlawful acts
threaten the business and reputation of legitimate and licensed businesses
and practitioners, and present a threat to the public health, safety, and
welfare. This chapter is intended to inhibit the ability of an individual or
businesses to engage in the practice of providing unlicensed massage and
reflexology, and support the legitimate provision of these services by
licensed massage practitioners and reflexologists.
Sec. 9.04.020. Definitions. For purposes of this chapter, the
terms and phrases below shall have the meanings that follow:
A. "Advertise" includes, but is not limited to, signs located at a
massage business or reflexology business; signs located in places other
than at a massage business or reflexology business; advertisements on
vehicles; advertisements in paper media such as newspapers, magazines,
fliers, cards or business cards; or advertisements in electronic media such
67
as internet websites, social media, electronic classified advertisements,
cell phone applications, and television or radio advertisements.
B. "Certified reflexologist," "massage business," "massage," "massage
practitioner," "massage therapy," "reflexology," and "reflexology business"
shall have the meanings set forth in RCW 18.108.010.
C. "Gross misdemeanor' and "misdemeanor' shall have the same
meaning as set forth in Kent City Code 9.02.410 as now enacted or
hereafter amended or recodified.
D. "License," "certificate" and "certification" mean a license, certificate
or certification issued pursuant to chapter 18.108 RCW.
E. "Conspicuously display" shall mean the display of licenses and
certificates in a manner that can be viewed and read by a person
immediately upon entry into the initial common area of a massage
business or reflexology business without having to request to see the
license or certification.
F. "Reflexologist" means a person who practices reflexology.
G. "Represent himself or herself as a massage practitioner' shall have
the same meaning as set forth in RCW 18.108.030(1)(b).
H. "Represent himself or herself as a reflexologist" shall have the same
meaning as set forth in RCW 18.108.030(2)(b).
Sec. 9.04.030. References to Revised Code of Washington.
References in this chapter to chapter 18.108 RCW or a specific section of
68
chapter 18.108 RCW shall include the chapter and sections as currently
enacted and as amended or recodified in the future.
Sec. 9.04.040. Owner, director, manager — Proof.
A. For purposes of this chapter, whether a person is an owner,
director, manager, or other person in charge of a massage business or
reflexology business may be established from evidence such as, but not
limited to:
1. The person holds himself or herself out as an owner, director,
manager, or some other like title evidencing control over business
decisions;
2. The person is responsible for the general business decisions
of the business;
3. The person is considered by those who provide massage or
reflexology services as an owner, director, manager, or other person in
charge;
4. The person is in control or partial control of when, how, or
how much those who provide massage or reflexology services work or are
paid, or whether those who provide massage or reflexology services are
employees or contractors retained to provide services on behalf of the
business;
5. The person is listed as a registered agent of the business;
6. The person is listed as a "governing people" by the
Washington State Business Licensing Service;
7. The person is an applicant or is listed as an owner on a city or
state business license or license application;
69
8. The person receives income from the business that is
dependent on revenue generated by another person providing massage or
reflexology services on behalf of or at the business;
9. The person has signed a lease or rental agreement for
property at which the business is operated or is responsible for lease or
rent payments;
10. The person has signed for a loan on behalf of the massage or
reflexology business;
11. The person is financially responsible for the massage business
or reflexology business utilities or services such as water, electricity,
garbage, sewer, telephone, internet, cable television, security, cleaning,
maintenance or accounting;
12. The person pays taxes on behalf of the business; or
13. The person is responsible for ensuring the business is
properly supplied with resources necessary to carry out the work of the
business or maintain the business.
B. The presence of any of the circumstances described in
subsection A shall be sufficient to establish that a person is the owner,
director, manager, or other person in charge of a massage business or
reflexology business. The circumstances described in subsection A are not
exclusive and other evidence may demonstrate a person is an owner,
director, manager, or other person in charge of a massage business or
reflexology business.
Sec. 9.04.050. Exemptions — Limitations — Name or structure
of business.
A. The this chapter shall not apply to the following:
70
1. Activities set forth in RCW 18.108.050 when performed as
provided in that statute; or
2. Massage or reflexology that is not provided in exchange for a
fee, property or other consideration.
B. The exemptions set forth in subsection A shall not apply to any
person who practices or represents himself or herself as a massage
practitioner or who practices reflexology or represents himself or herself
as a reflexologist and who advertises for the massage or reflexology
services, to any business that advertises for massage or reflexology
services, or to any person who provides massage or reflexology services
at a business that advertises for such services.
C. The exemptions set forth in subsection A shall not apply to
any person who obtains massage or reflexology services from a person
who advertises for the massage or reflexology services, from a business
that advertises for massage or reflexology services, or from any person
who provides massage or reflexology services at a business that
advertises for such services.
D. The fact that a person or business that provides massage or
reflexology services describes or advertises such services by a name other
than massage or reflexology shall not exempt that person or business
from this chapter.
E. In the event the services provided fall within the definition of
massage or reflexology, the manner in which a business is incorporated or
structured shall be of no consequence in determining if a business
provides massage or reflexology services.
71
F. A club or cooperative arrangement in which a person pays a
fee to become a member of the club or cooperative, and as a result of
such membership, he or she obtains massage or reflexology services, shall
be considered a massage business or reflexology business.
Sec. 9.04.060. Inspections.
A. Law enforcement personnel shall have the authority to inspect the
premises of any massage business or reflexology business in order to
ensure:
1. Compliance with the requirement that licenses and
certifications are conspicuously displayed and valid;
2. That those providing massage or reflexology services are
validly licensed and of proper age; and
3. Compliance with the advertising requirements of KCC
9.04.120.
B. Inspections shall be limited to times when the massage or
reflexology business is open.
C. Inspections shall be limited to the common areas of the massage or
reflexology business. This section shall not authorize entry or inspection
of rooms in which massage or reflexology is provided and which are
separated from the common area of the massage business or reflexology
business absent consent, a warrant, or other lawful basis.
D. This section shall not be interpreted as limiting the use by law
enforcement of any lawful investigatory techniques.
Sec. 9.04.070. Massage practitioner or reflexologist —
License or certificate required — Violation.
72
A. It shall be unlawful for any person to practice massage, or
represent himself or herself as a massage practitioner in the city of Kent
without a valid and current massage practitioner's license.
B. It shall be unlawful for any person to practice reflexology or
represent himself or herself as a reflexologist in the city of Kent without a
valid and current massage practitioner's license or certificate in
reflexology.
C. An unissued license or certificate, or an expired, revoked, or
suspended license or certificate, shall not be considered a valid license or
certificate.
Sec. 9.04.080. Massage practitioner or reflexologist —
Owner, director, manager, or other person in charge to ensure
valid license or certificate — Violation.
A. It shall be the responsibility of any owner, director, manager, or
other person in charge of a massage business or reflexology business in
the city of Kent to ensure that each person who practices massage, or
represents himself or herself as a massage practitioner, is validly and
currently licensed, and to ensure that each person who practices
reflexology or represents himself or herself as a reflexologist is validly and
currently licensed as a massage practitioner or certified as a reflexologist.
B. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to
facilitate or, with knowledge or criminal negligence, permit a person who
does not have a valid and current massage practitioner's license to
73
practice massage or represent himself or herself as a massage
practitioner.
C. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to
facilitate or, with knowledge or criminal negligence, permit a person who
does not have a valid and current massage practitioners license or who is
not a certified reflexologist to practice reflexology or represent himself or
herself as a reflexologist.
D. A person with an unissued license or certificate, or whose license or
certificate is expired, revoked, or suspended, shall not be considered
validly licensed or certified.
E. For the purposes of this section, the failure of the owner, director,
manager, or other person in charge of a massage business or reflexology
business to confirm the validity of a massage license or reflexology
certificate through the Washington Department of Health shall constitute
criminal negligence.
Sec. 9.04.090. Display of massage practitioner or
reflexologist license or certificate required — Violation.
A. At any massage business or reflexology business, a copy of the
valid and current license of each person who practices massage or
represents himself or herself as a massage practitioner at or on behalf of
the massage business or reflexology business, and the valid and current
massage practitioner's license or reflexology certificate of each person who
practices reflexology or represents himself or herself as a reflexologist at
or on behalf of the massage business or reflexology business, shall be
74
conspicuously displayed and shall be made available to persons receiving
massage or reflexology services or to law enforcement for inspection upon
request.
B. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to fail to
conspicuously display the valid and current massage practitioner's license
of each person who practices massage or represents himself or herself as
a massage practitioner at or on behalf of the massage business or
reflexology business.
C. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to fail to
conspicuously display the valid and current massage practitioner's license
or certificate to practice reflexology of each person who practices
reflexology or represents himself or herself as a reflexologist at or on
behalf of the massage business or reflexology business.
D. Each person who practices massage or represents himself or herself
as a massage practitioner, and each person who practices reflexology or
represents himself or herself as a reflexologist shall have his or her valid
and current license or certificate at each location in which he or she
practices massage or represents himself or herself as a massage
practitioner, and at each location in which he or she practices reflexology
or represents himself or herself as a reflexologist, and the valid and
current license or certificate shall be provided to the person receiving the
massage or reflexology service or to law enforcement for inspection upon
request.
75
E. It shall be unlawful for any person who practices massage or
represents himself or herself as a massage practitioner, to fail to have his
or her valid and current massage practitioner's license at each location in
which massage services are provided, or display his or her valid and
current license to the person receiving the massage service or to law
enforcement for inspection when requested.
F. It shall be unlawful for each person who practices reflexology or
represents himself or herself as a reflexologist, to fail to have his or her
valid and current massage practitioner's license or reflexology certificate
at each location in which reflexology services are provided, or display his
or her valid and current license or certificate to the person receiving the
reflexology service or to law enforcement for inspection when requested.
G. It shall be unlawful for any person to present or conspicuously
display an expired, altered, fake or fraudulently obtained license,
certificate or certification. It shall be unlawful for an owner, director,
manager or other person in charge of a massage business or reflexology
business to facilitate or permit another to present or conspicuously display
an expired, altered, fake or fraudulently obtained license, certificate or
certification.
Sec. 9.04.100. Receipt of massage or reflexology services
from unlicensed massage practitioner or reflexologist - Unlawful.
A. It shall be unlawful for any person to receive massage services from
another whom the recipient knows, or reasonably should know, is not
validly or currently licensed to provide massage services. It shall be
unlawful for any person to receive reflexology services from another whom
the recipient knows, or reasonably should know, is not validly or currently
76
licensed as a massage practitioner or certified to provide reflexology
services.
B. It shall be an affirmative defense to a violation of this section that
the person receiving the massage or reflexology services inquired of the
license or certification status of the person providing the services and was
provided a document purporting to be a valid and current license of the
massage practitioner or valid and current certificate of the reflexologist.
Sec. 9.04.110. Minors practicing massage or reflexology -
Responsibility of owner, director, manager or other person in
charge — Receipt of massage or reflexology services from minor
unlawful.
A. It shall be the responsibility of the owner, director, manager, or
other person in charge of a massage business or reflexology business to
verify that each person who provides massage or reflexology services has
attained the age of 18. It shall be unlawful for any owner, director,
manager, or other person in charge of a massage business or reflexology
business to permit or facilitate the provision of massage or reflexology
services by a person who has not reached the age of 18.
B. It shall be unlawful for any person to receive massage or
reflexology services from another whom the recipient knows, or
reasonably should know, has not reached the age of 18. It shall be an
affirmative defense to a violation of this section that the person receiving
the massage or reflexology services inquired of the age of the person
providing the services and was provided a document purporting to be a
valid and current license of the massage practitioner or valid and current
certificate of the reflexologist.
77
Sec. 9.04.120. Advertising. It shall be unlawful to advertise the
practice of massage or practice of reflexology except in accordance with
RCW 18.108.040.
Sec. 9.04.130. Violations - Penalty.
A. The first violation of any provision of this chapter shall constitute a
misdemeanor.
B. Each subsequent violation of this chapter, whether alleged in the
same prosecution as the first violation or in subsequent prosecutions, shall
constitute a gross misdemeanor.
SECTION 2. - Amendment. Chapter 5.01 of the Kent City Code,
entitled "General Business License," is hereby amended by adding a new
section 5.01.135 entitled, "Massage or reflexology businesses — Conviction
for prostitution or fraud related activity — Conviction for violation of
Chapter 9.04 KCC — Denial or revocation of business license."
Sec. 5.01.135. Massage or reflexology businesses -
Conviction for prostitution or fraud related activity — Conviction for
violation of Chapter 9.04 KCC - Denial or revocation of business
license.
A. No person convicted of an offense under Chapter 9A.88 RCW or a
similar law of another state, and no person convicted of an offense under
Chapter 9A.60 RCW or a similar law of another state when such violation
of Chapter 9A.60 RCW or similar law of another state is related to the
operation of a massage business or reflexology business, shall be
78
authorized or entitled to obtain a city of Kent business license for a
massage business or reflexology business.
B. The issuance of a business license for a massage business or
reflexology business to a person previously convicted of an offense
described in subsection A shall be null and void.
C. In the event a person who has obtained a city of Kent business
license for a massage business or reflexology business is thereafter
convicted of an offense described in subsection A, such business license
may be revoked in accordance with KCC 5.01.150. Revocation may occur
regardless of the jurisdiction or location in which the violation of the
offense occurs. The bases for revocation of the business license pursuant
to this section shall be in addition to the grounds for revocation provided
in KCC 5.01.130.
D. For a two year period following conviction, a business license
application for the operation of a massage business or reflexology
business may be denied in accordance with this chapter to any licensee
convicted of an offense under Chapter 9.04 KCC. The bases for denial of
the business license pursuant to this section shall be in addition to the
grounds for revocation provided in KCC 5.01.130.
E. A business license for the operation of a massage business or
reflexology business may be revoked in accordance with this chapter to
any licensee convicted of an offense under Chapter 9.04 KCC. The bases
for revocation of the business license pursuant to this section shall be in
addition to the grounds for revocation provided in KCC 5.01.130.
79
F. For the purposes of this section, the terms "massage," "massage
business," reflexology," and "reflexology business" shall have the
meanings set forth in RCW 18.108.010 as now enacted or hereafter
amended or recodified.
SECTION 3, — Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
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, — 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
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
80
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12015.
APPROVED: day of 12015.
PUBLISHED: day of , 2015.
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
FIAQvllA0,J,n,o[6A9.04 Mssszgo no Rod-olo9Y.Lo-
81
POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WISH IN oro x Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Text? Talk? Ticket! — Information Only
Information Only
SUMMARY: John Pagel, Community Education Coordinator, will present information
regarding enforcement of using a cell phone while driving in King County.
82
83
POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WISH IN oro x Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Fireworks — Information Only
Information Only
SUMMARY: Assistant Chief Kammerzell will be presenting information regarding
fireworks.
84
85
POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WISH IN oro x Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Flashing School Zone Speed Signs — Information Only
Information Only
SUMMARY: Chief Ken Thomas will present information regarding flashing school zone
speed signs.
86
87
POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WISH IN oro x Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Police Chiefs Update — Information Only
Information Only
SUMMARY: Chief Ken Thomas will present information regarding:
1. Hiring update for police personnel
2. School Zone Traffic Safety Camera Program Budget Update
Public Safety Committee Agenda
Councilmembers: Dana Ralph - Les Thomas - Jim Berrios, Chair
June 9, 2015
4:30 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Berrios 1
2. Roll Call Chair Berrios 1
3. Changes to the Agenda Chair Berrios 1
4. Approval of Minutes, dated April 14, YES Chair Berrios 5 1
2015, 2015
5. 2014 Edward Byrne Memorial Justice YES Sara Wood, Research & 5 5
Assistance Grant - Recommend Development Analyst
6. WTSC ILA - Target Zero Manager - YES Sara Wood, Research & 5 31
Recommend Development Analyst
7. WTSC MOU - Distracted Driving YES Sara Wood, Research & 5 55
Enforcement - Recommend Development Analyst
8. Ordinance Amending KCC 9.04 - YES Arthur"Pat" Fitzpatrick, 15 63
Massage and Reflexology Services - Deputy City Attorney
Recommend
9. Text? Talk? Ticket! - Information Only NO John Pagel, Community 10 81
Education Specialist
10. Fireworks - Information Only NO Assistant Chief Kammerzell 15 83
11. Flashing School Zone Speed Signs - NO Chief Thomas 10 85
Information Only
12. Police Chief's Update - Information NO Chief Thomas 10 87
Only
A. Hiring Update
B. School Zone Traffic Safety
Camera Program Budget Update
1
Public Safety Committee Minutes
April 14, 2015
Item 1 - CALL TO ORDER
Committee Chairperson Jim Berrios called the meeting to order at 4:32 p.m.
Item 2 - COMMITTEE MEMBERS PRESENT:
Council President Dana Ralph and Committee Chairperson Jim Berrios were present.
Council Member Les Thomas had an excused absence.
Item 3 - Changes to the Agenda:
None
Item 4 — Approval of meeting minutes dated February 10, 2015
Councilmember Ralph MOVED to approve the minutes of, March 10, 2015.
The motion was SECONDED by Councilmember Berrios and PASSED 2-0.
Item 5 — 2015 Washington Association of Sheriffs and Police Chiefs Traffic
Safety Equipment Grant - Recommend.
Sara Wood, Research and Development Analyst, presented information regarding
the 2015 Washington Association of Sheriffs and Police Chiefs Traffic Safety
Equipment Grant. The police department annually applies through WASPC for this
grant. Funds are used to purchase traffic safety equipment including Lidar speed
devises and the Sector system for patrol cars.
Council President Ralph MOVED to recommend Council authorize the Mayor
to accept the 2015 Washington Association of Sheriffs and Police Chiefs
Traffic Safety Equipment Grant in the amount of $6,965, amend the
budget, authorize expenditure of the funds and authorize the Police Chief
to sign all necessary documents. The motion was SECONDED by
Councilmember Berrios and PASSED 2-0.
Item 6. — 2015 State Farm Insurance Illegal Street Racing Education Grant
— Recommend.
Sara Wood, Research and Development Analyst, presented information regarding
the 2015 State Farm Insurance Illegal Street Racing Education Grant. Grant funds
are used for enforcement and education regarding speed and street racing. The
current $14,000 in grant funds will be used for public service announcements
prepared by the Kent Police Youth Board that will be aired at the movie theatre and
digital billboards. Sara detailed the plan to acquire a static display of a crashed car
to be used during mock car crashes.
Council President Ralph MOVED to recommend Council authorize the Mayor
to accept the 2015 Illegal Street Racing Education Grant from State Farm
Insurance in the amount of $14,000, amend the budget, authorize
expenditure of the funds, and authorize the Mayor to sign all necessary
Page I 1
2
documents. The motion was SECONDED by Councilmember Berrios and
PASSED 2-0.
Item 7. - 2015 Recreational Boating Safety Federal Financial Assistance
Grant - Recommend.
Sara Wood, Research and Development Analyst, presented information regarding
the 2015 Recreational Boating Safety federal Financial Assistance Grant from the
Washington State Parks and Recreation. The grant funds will be used to pay for
officer overtime for enforcement of laws on the City's lakes, paying for training of
marine officers, and also fund the purchase educational materials.
Council President Ralph MOVED to recommend Council authorize the Mayor
to accept the 2015 Recreational Boating Safety Federal Financial
Assistance Grant from the Washington State Parks and Recreation
Commission in the amount of $6,802, amend the budget, authorize
expenditure of the funds, and authorize the Police Chief to sign all
necessary documents. The motion was SECONDED by Councilmember
Berrios and PASSED 2-0.
Item S. - Interlocal Agreement - DSHS - Let's Draw the Line-
Recommend.
Sara Wood, Research and Development Analyst, presented information regarding
the Interlocal Agreement with the Department of Social and Health Services for the
"Let's Draw the Line" campaign. The grant funds will be used to purchase supplies
for the May 20, 2015, town hall meeting and youth conference. Council President
Ralph provided information regarding the video contest that the Kent Police Youth
Board is holding. The videos will contain anti-substance abuse message. The
winners will be presented at the May 20, 2015, town hall meeting.
Council President Ralph MOVED to recommend Council ratify the Police
Chief's execution of an Interlocal Agreement with the Department of Social
and Health Services to fund Kent Police Department's involvement in the
state "Draw the Line Campaign" in accordance with the Agreement's
terms, authorize acceptance of the $1,000 grant, amend the budget, and
authorize expenditure of the funds. The motion was SECONDED by
Councilmember Berrios and PASSED 2-0.
i
Item 9. - City of Kent Comprehensive Emergency Management Plan
(CEMP) - Recommend.
Dominic Marzano, Division Chief, presented information regarding the Fourth
Edition of the City of Kent Comprehensive Emergency Management Plan. Dominic
explained that the City is required by law to have a plan to deal with emergencies
and disasters and that the plan must be compatible, regionally, county-wide and at
the state level. Dominic explained the various parts of the plan and the City
departments that are responsible for various parts of the plan. Dominic indicated
Page 12
3
that all City departments were very helpful and cooperative in finalizing the plan.
The details regarding the implementation of the plan were discussed including
training staff.
Council President Ralph MOVED to recommend City Council approve the 4th
edition of the City's Comprehensive Emergency Management Plan (CEMP)
and request the Mayor sign the Plan's Letter of Promulgation and
Introduction, with final terms and conditions acceptable to the City
Attorney. The motion was SECONDED by Councilmember Berrios and
PASSED 2-0.
Item 10. - Ordinance Amending KCC 9.02.190 "Disorderly Conduct" -
Recommend.
Assistant City Attorney, Julie Stormes, presented information regarding the
ordinance amending KCC 9.02.190, entitled "Disorderly Conduct." Julie provided
information regarding the reasoning behind changing the term "aggressively beg"
to "aggressively solicit." The proposed revisions would broaden the definition of
beg while still protecting begging, a constitutionally protected form of speech. Julie
provided examples of situations within the City where enforcement of aggressive
soliciting would apply.
Council President Ralph MOVED to recommend Council adopt an Ordinance
amending Section 9.02.190 of the Kent City Code, entitled "Disorderly
Conduct," to provide it is a crime to "aggressively solicit" any item,
tangible or intangible, from any person in a public place. The motion was
SECONDED by Councilmember Berrios and PASSED 2-0.
Item 11. - School Zone Traffic Safety Camera Program - Recommend
Chief Ken Thomas presented information regarding implementing additional school
zone traffic safety cameras within the City. Chief Thomas provided details from the
traffic study performed by American Traffic Solutions. Data supporting
implementing the program in both Meridian and Millennium Elementary Schools was
presented.
Chief Thomas indicated that the purpose of the program is to increase the safety of
children walking to and from the schools. The Kent School District supports
increasing the program to additional schools. All City departments have been
consulted and have indicated they are able to support the increasing the program
into two additional school zones.
Assistant City Attorney, Tammy White, provided revised motion language
recommending the implementation of the School Zone Traffic Safety Program into
Millennium and Meridian Elementary Schools.
Council President Ralph MOVED to recommend authorizing the Mayor to
enter into a contract or contract amendment with American Traffic
I
Page 13
4
Solutions for the addition of Meridian Elementary and Millennium
Elementary school speed zone traffic safety cameras, subject to final terms
and conditions acceptable to the city attorney and police chief. The motion
was SECONDED by Councilmember Berrios and PASSED 2-0.
Item 12. — Police Chief's Update — Information Only
Chief Ken Thomas advised the committee regarding current events affecting the
police department. Chief Thomas indicated that he is extremely proud of the staff
of the police department and the professionalism that they display when confronted
with very difficult situations.
Chief Thomas provided details regarding two officer-involved shooting incidents and
provided the current status of the officers involved in those incidents.
Chief Thomas provided details regarding criminal activities taking place at a number
of local massage parlors and spas.
The meeting was adjourned at 5:10 p.m. by Council Member Berrios.
ZRes ectfu y sub it d,
Kim Komoto
Public Safety Committee Secretary
spwsugPoucfw':c sateN eemn,:aexzosyre m1a,NII". Lee
i
Page 4
5
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: June 9, 2015
TO: Public Safety Committee
SUBJECT: Fiscal Year 2014 Bureau Justice Assistance Grant - Recommend
MOTION: Recommend Council authorize the Mayor to accept the Fiscal Year
2014 Edward Byrne Memorial Justice Assistance Grant in the amount of $57,455,
ratify and authorize the Mayor's signing of all necessary documents, amend the
budget, and authorize expenditure of the funds in accordance with grant terms
and conditions acceptable to the Police Chief and City Attorney.
SUMMARY: The City of Kent, in conjunction with 11 other jurisdictions in King County,
filed a joint application for $685,828 in funds from the Edward Byrne Memorial Justice
Assistance Grant to assist with various law enforcement needs. The City of Seattle serves
as the primary representative to manage the overall grant funding, to process
expenditures, and to file necessary reports regarding use of the grant funds. Of the total
$685,828 awarded to these 11 agencies, the City of Kent will receive $57,455 in grant
funds.
The City of Kent intends to use a majority of grant funds to deploy officers on overtime to
"hot spot" areas for crime and to conduct illegal street racing enforcement. Funding will
allow the purchase of a Facial Recognition Workbench which is software to enable the
ability to turn a still picture to map the faces of individuals and be compared to jail
interfaces. This was the software used by Boston law enforcement officials to identify the
"Boston Marathon Bombers". Funding will also purchase five additional Spy Alarms to
supplement Intelligence Led Policing. These alarms will be deployed in high crime areas.
Funds will also be used to start a new program. The department will purchase up to 16
personal GPS units which will be given to vulnerable individuals in the Kent community.
Grant funds will also be used to purchase graffiti removal supplies and equipment for the
Kent Corrections Work Crew.
Due to timing issues, the Mayor signed the grant agreement in advance of Council
approval having been obtained. Therefore, ratification and approval of the Mayor's
signing of the grant agreement is sought.
Exhibit: Interagency Agreement
Invoice Voucher
Budget Impact: Unanticipated Income
S TD LmwoLmETuWs Safdy Co=ded2015Vuod2014 JAG Gmt Mot on do=
6
Interagency Agreement
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2014 Local Solicitation
Executed by
City of Seattle
Department Authorized Representative: Diane Piton
610 Sth Avenue
PO Box 34986
Seattle, WA 98124-4986
and
City of Kent, hereinafter referred to as 'Recipient"
Grant Manager: Sara Wood
220 4th Ave, S
Kent, WA 98032
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
CITY OF KENT CITY OF SEATTLE
Suzette Cooke, Mayor Mike Wagers, Chief Operating Officer
Date:
Authorized by:
Grant Program: Edward Byrne MemorialJusticeAssistance Grant(JAG) Program
FY 14 JAG Interagency Agreement,Page I of 8
7
WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal criminal
justice funding to state and local jurisdictions; and
WHEREAS, the JAG Program supports all components of the criminal justice system, from multi-
jurisdictional drug and gang task forces to crime prevention and domestic violence
programs, courts, corrections, treatment, and justice information sharing initiatives; and
WHEREAS, the United States Congress authorized $685,828 in the Justice Assistance Grant (JAG)
Program for jurisdictions in King County; and
WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award with a
single, joint application; and
WHEREAS, the City, as the identified Fiscal Agent, submitted the joint application to the Bureau of
Justice Assistance on July 9, 2014 to request JAG Program funds; and
WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has
awarded $685,828 to the City from these JAG Program funds; and
WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal Agent for
this award, is to distribute grant funds to co-applicants, the City intends to transfer some of
the JAG funds it receives to those co-applicants; and
WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG
Program once grant funds have lapsed; and
WHEREAS, recipients of JAG funds from the City should not anticipate the City will assume
responsibility for any program costs funded by JAG once JAG funds are spent;
NOW THEREFORE, the parties hereto agree as follows;
This Interagency Agreement contains six Articles:
ARTICLE I: TERM OF AGREEMENT:
The term of this Interagency Agreement shall be in effect from the date it is executed by the SPD
Chief of Police, or designee, until September 30, 2017 unless terminated earlier pursuant to the
provisions hereof.
ARTICLE II: DESCRIPTION OF SERVICES
The services to be performed under this Agreement shall be conducted for the stated purposes of
the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.) The Edward Byrne
Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal
justice funding to state and local jurisdictions. JAG funds support all components of the criminal
justice system, from multijurisdictional drug and gang task forces to crime prevention and
domestic violence programs, courts, corrections, treatment, and justice information sharing
FY 14 JAG Interagency Agreement, Pnge 2 of 8
8
initiatives.JAG funded projects may address crime through the provision of services directly to
individuals and/or communities and by improving the effectiveness and efficiency of criminal
justice systems, processes, and procedures.
ARTICLE III: SPECIAL CONDITIONS
• Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance solely for the purpose of furthering the stated objectives of the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program. The Recipient shall use the funds
to perform tasks as described in the Scope of Work portion of this Agreement.
• The Recipient acknowledges that because this Agreement involves federal funding, the
period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Recipient agrees that it will not hold the Seattle Police
Department, the City of Seattle, or the Department of Justice liable for any damages, claim
for reimbursement, or any type of payment whatsoever for services performed under this
Agreement prior to the distribution and availability of federal funds.
• The Recipient shall comply with all conditions and limitations set forth in the FY 2014
Justice Assistance Grant Program Award # 2014 DJ BX 1034.
The FY 2014 Justice Assistance Grant Program Award Report #: 2014 DJ BX 1034 is
attached to and made part of this agreement, as Attachment A. Allocation and use of grant
funding must be in accordance with all special conditions included in the Award Report. All
Recipients are assumed to have read, understood, and accepted the Award Report as
binding.
• The Recipient acknowledges that all allocations and use of funds under this agreement will
be in accordance with the Edward Byrne Memorial Justice Assistance Grant (JAG) Formula
Program: Local Solicitation.Allocation and use of grant funding must be coordinated with
the goals and objectives included in the Local Solicitation.All Recipients are assumed to
have read, understood, and accepted the Local Solicitation as binding.
• Recipient agrees to obtain a valid DUNS profile and create an active registration with the
Central Contractor Registration (CCR) database no later than the due date of the Recipient's
first quarterly report after a subaward is made.
• The Recipient shall comply with all applicable laws, regulations, and program guidance. A
non-exhaustive list of regulations commonly applicable to BJA grants are listed below,
including the guidance:
(A) Administrative Requirements: OMB Circular A-102, State and Local Governments
(10/7/94, amended 8/29/07) (44CFR Part 13)
(13) Cost Principles: OMB Circular A-87, State and Local Governments (5/10/04)
FY 14 JAG Interagency Agreement,Page 3 of 8
9
(C) Audit Requirements: OMC Circular A-133,Audits of State, Local Governments, and
Non-Profit Organizations (6/24/97, includes revisions in the Federal Register
6/27/03)
(D) The Recipient must comply with the most recent version of the Administrative
Requirements, Cost Principals, and Audit Requirements.
1) Non-Federal entities that expend $500,000 or more in one fiscal year in
Federal awards shall have a single or program-specific audit conducted for that
year in accordance with the Office of Management and Budget (OMB) Circular
A-133-Audits of States, Local Governments, and non-Profit Organizations.
Non-federal entities that spend less than $500,000 a year in federal awards are
exempt from federal audit requirements for that year, except as noted in
Circular No. A-133, but records must be available for review or audit by
appropriate officials of the Federal agency, pass-through entity, and General
Accounting Office (GAO).
2) Recipients required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Auditing Standards (GAAS), as found in
the Government Auditing Standards (the Revised Yellow Book) developed by
the Comptroller General and the OMB Compliance Supplement. The Recipient
has the responsibility of notifying the Washington State Auditor's Office and
requesting an audit.
3) The Recipient shall maintain auditable records and accounts so as to facilitate
the audit requirement and shall ensure that any sub-recipients also maintain
auditable records.
4) The Recipient is responsible for any audit exceptions incurred by its own
organization or that of its subcontractors. Responses to any unresolved
management findings and disallowed or questioned costs shall be included
with the audit report submitted to the Seattle Police Department. The
Recipient must respond to requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The
City reserves the right to recover from the Recipient all disallowed costs
resulting from the audit.
5) If applicable, once any single audit has been completed, the Recipient must
send a full copy of the audit to the City and a letter stating there were no
findings, or if there were findings, the letter should provide a list of the
findings. The Recipient must send the audit and the letter no later than nine
months after the end of the Recipient's fiscal year(s) to:
Diane Pilon,JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
FY 141AG Interagency Agreement, Page 4 of 8
10
Seattle, WA 98124-4986
206-386-1996
6) In addition to sending a copy of the audit, the Recipient must include a
corrective action plan for any audit findings and a copy of the management
letter if one was received.
7) The Recipient shall include the above audit requirements in any subcontracts.
• The Recipient agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requirements, including, but not limited to, the provision of
any information required for assessment or evaluation of activities within this agreement,
and for compliance BJA reporting requirements.
• When implementing funded activities, the Recipient must comply with all applicable
federal, state, tribal government, and local laws, regulations, and policies. The Recipient is
entirely responsible for determining the Recipient's compliance with applicable laws,
regulations and policies, which include, but are not limited to:
(A) City of Seattle regulations including,but not limited to:
(1) Equal Benefits Program Rules
(SMC Ch.20.45:http://cityofseattle.net/contract/equalbenefits/)
(2) Women and Minority Owned Affirmative Effort: If a Recipient intends to subcontract
out any part of a contract instead of performing the work itself, then the following
requirement applies: Consultant shall use affirmative efforts to promote and
encourage participation by women and minority businesses on subcontracting
opportunities within the contract scope of work. Consultant agrees to make such
efforts as a condition of this Agreement.
a. Outreach efforts may include the use of solicitation lists, advertisements in
publications directed to minority communities, breaking down total
requirements into smaller tasks or quantities where economically feasible,
making other useful schedule or requirements modifications that are likely to
assist small or WMBE businesses to compete, targeted recruitment efforts, and
using the services of available minority community and public organizations to
perform outreach.
b. Record-Keeping: The Consultant shall maintain, for at least 24 months after
the expiration or earlier termination of this Agreement, relevant records and
information necessary to document all Consultant solicitations to
subconsultants and suppliers, all subconsultant and supplier proposals
received, and all subconsultants and suppliers actually utilized under this
Agreement. The City shall have the right to inspect and copy such records.
(3) Licenses and Similar Authorizations: The Consultant, at no expense to the City, shall
secure and maintain in full force and effect during the term of this Agreement all
PY 14 JAG Interagency Agreement,Page 5 of 8
11
required licenses, permits, and similar legal authorizations, and comply with all
requirements thereof.
(4) Use of Recycled Content Paper: Whenever practicable, Consultant shall use reusable
products including recycled content paper on all documents submitted to the City.
Consultant is to duplex all documents that are prepared for the City under this
Contract, whether such materials are printed or copied, except when impracticable
to do so due to the nature of the product being produced. Consultants are to use
100% post-consumer recycled content, chlorine-free paper in any documents that
are produced for the City, whenever practicable, and to use other paper-saving and
recycling measures in performance of the contract with and for the City.
(5) Americans with Disabilities Act: The Consultant shall comply with all applicable
provisions of the Americans with Disabilities Act of 1990 as amended (ADA) in
performing its obligations under this Agreement. Failure to comply with the
provisions of the ADA shall be a material breach of, and grounds for the immediate
termination of, this Agreement.
(6) Fair Contracting Practices Ordinance: The Consultant shall comply with the Fair
Contracting Practices Ordinance of The City of Seattle (Chapter 14.10 SMC), as
amended.
(7) Suspension and Debarment: The Recipient certifies that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in transactions by any Federal department or
agency. By signing and submitting this Agreement, the Recipient is providing the
signed certification set out below. The certification this clause is a material
representation of fact upon which reliance was placed when this transaction was
entered into.
If it is later determined that the Recipient rendered an erroneous certification, the
Federal Government and City may pursue available remedies, including termination
and/or debarment. The Recipient shall provide immediate written notice to the City
if at any time the Recipient learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
The Recipient agrees by signing this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing by the City.
The Recipient shall include the requirement in this section in any subcontracts.
(8) In the event of the Recipient's or subcontractor's noncompliance or refusal to comply
with any applicable law, regulation or policy, the City may rescind, cancel, or
terminate the Agreement in whole or in part. The Recipient is responsible for any
FY 14 IAG Interagency Agreement Page 6 of 8
12
and all costs or liability arising from the Recipient's failure to comply with applicable
law, regulation, or policy.
ARTICLE IV: SCOPE OF WORK
The Scope of Work of this Agreement and the time schedule for completion of such work is as
described in Attachment B: Edward Byrne Memorial Justice Assistance (JAG) Grant Formula
Program King County Joint Application, Project Narrative and Attachment C: JAG Budget
Worksheet, as approved by BJA. Attachment B and Attachment C are attached to and made part of
this agreement.
The work shall, at all times, be subject to the City's general review and approval. The Recipient
shall confer with the City periodically during the progress of the Work, and shall prepare and
present such information and materials (e.g. a detailed outline of completed work) as may be
pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or
Recipient's progress.
ARTICLE V: PAYMENT
(A) Compensation
The Recipient shall be reimbursed on an actual cost basis. Total compensation under this
Agreement is $57,455.
The Recipient shall incur authorized allowable expenses in accordance with the Program
Narrative and Project Budget, as detailed in Attachments B and C.
The Recipient may request additional reimbursement up to the amount of interest accrued on
their portion of the grant award. The City will provide quarterly statements to the Recipient,
once the interest balance accrued equals at least$1,000. Reimbursements will not be made for
interest accrued that is less than $1,000, Reimbursements can be requested, up to the total
amount of interest accrued, after the initial quarterly statement has been sent, to perform
tasks in accordance with the Program Narrative and Project Budget, as detailed in Exhibits B
and C.
The Recipient shall submit invoices not more than monthly, and at least quarterly.After the
first quarter, monthly submission is preferred. Invoices are due no later than 30 days after the
end of the period in which the work was performed.
No travel or subsistence costs, including lodging and meals, reimbursed with federal funds
may exceed federal maximum rates, which can be found at: http://www.gsa.gov.
(B) Manner of Payment
The Recipient shall submit reimbursement requests not more than monthly, and at least
quarterly. After the first quarter, monthly submission is preferred.
Requests are due no later than 30 days after the end of the period in which the work was
performed. Reimbursement request forms are provided. Substitute forms are acceptable.
FY 14 JAG Interagency Agreement,Page 7 of 8
13
With each reimbursement request, the Recipient shall submit:
• Detailed spreadsheet of expenditures by task and related financial documents (timesheets,
invoices)
• Project status report
• These documents and invoices must be kept on file by the Recipient and be made available
upon request by the City or to state or federal auditors
Reimbursement will not be processed without accompanying documentation for the
corresponding time period.
Once the above conditions are met, payment shall be made by the City to the Recipient.
Submit invoicing and documentation to:
Diane Pilon, JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle,WA 98124-4986
206-386-9885
ARTICLE VI: AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing and
signed by authorized representatives of the parties hereto. The parties hereto expressly reserve
the right to modify this Agreement, by mutual agreement.
FY 14 JAG Inlerageney Agreement,Page 8 of 8
14
Attachment A
Department of Justice
Office of Justice Programs
PACE I OF 7
Bureau of Justice Assistance Grant
....._ ... .................
.r. ,,,.. „ ...w........_...._.........w..._�__. . .w ....._ _.�... ._...._.,..
I RECIPIENT NAME AND ADDRESS(IncludinyZO CWc) 4.AWARD NUMBER. 2014D1➢41034
City ofsmulc
P.O.Box 9474960041h A,rar,Nor,7 S.PROIEC'TPERIOD:FROM IOID12013 TO OWEY'lUII
Sna111e,WA 9E 124 iN49
BUDGET PERIOD.FROM IO101QO13 TO 09/30/2017
AWARD OAT IT OR/O6OO 14 NACTION
IA,GRANIEEIRSIVENDORNO. H SUPPLEMENTNUMBER Initial
9160111303 00
9.PRFNIOUSAWARDAMOUN'T so
3.PROJECT TITLE kl0AlO'UNT OF THIS AWARDFY 2014 King Cnunty loir0 JAO Program ,,....._....._�.............TAL AWARD 9 695,32H
12.S PECIAL CON DI F IONS
T'HE ABOVE GRANT PROTECT N APPROV ED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FDRTHON THE
ATTACHED PACE(S).
13,STATUTORY AUTHORITY FOR GRANT
This Projcet Is s,jor dunderFY14(BJ.A-JAG)42 USC 3750,c1 say,
15.ME'roOD OF PAYMENT' _
GPRs
......AGENCY APPROVAL..._ XIJIA :._ .Cfl ANTfFA((II .... f._.. �llARA���I
I6.'r'YPED NAME ANT)TITLE OF APPROVING OFFICIAL IH_TYPED NAME AND NTLE OF AUTHORIZED GRANTEE OFFICIAL
Denise O'Dommll Ed Maor,
Direumr Mayor
17 .SIGNATURE OF APPROVING OFFICIAL 19.SICNATURE OF AUTHORIZED RECIPIENT OFFICIAL. 19A,DATE
AGENCY USE ONLY
20.ACCOUNTING CLASSIF[CATCON CODES � 2L NDIDG'r0465
FISCALYFUNDC BUDA DEC. DIVIU SUB. POMS AMOLNf
EAR ODE CT, D_
._ X B DJ 80 00 OU 6g08 tl
CJP FORM 4000)2(REVS-IC)PREVIOUS EDITIONS ARE OBSOLME 1
DIP FORM 400012(REV.4-H8)
15
Attachment A
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PAca 2 or J
Grant f A,
� .
PROJECT NUMBER 2014-DI B% 1e34 �� AWARD UAiH 0BI0612014 �
SPECIAL CONDITIONS
I, The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs(OJP)Financial Guide.
2, The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is
required to submit one pursuant to 28 QF.R.Section 42,302),that is approved by the Office for Civil Rights,is a
violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the
recipient is in compliance.
3, The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States,
Local Governments,and Non-Protit Organizations,and further understands and agrees that funds may be withheld,or
other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and
any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current
edition ofthe OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds,either directly of indirectly,in support of the
enactment,repeal,modification or adoption of any law,regulation or policy, at any level ofgovemmenl,without the
express prior written approval of OJP.
5. The recipient most promptly refer to the DOJ DIG any credible evidence that a principal,employee,agent,contractor,
subgraince,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims
Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or
similar misconduct involving grant funds, This condition also applies to any subrecipients Potential fraud,waste,
abuse,or misconduct should be reported to the OIG by-
mail:
Office of the Inspector General
U.S.Deportment of Justice
Investigations Division
950 Pennsylvania Avenue,N.W.
Room 4705
Washington,DC 20530
e-mail:oig.holline@usdoj.gov
hotline:(contact information in English and Spanish):(800)869-4499
or hotline fax:(2D2)616-9881
Additional information is available from the DO)OIG website at www,usdoj.govPomg.
6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any
contract or subaward to either the Association ofComnnmity Organizations for Reform Now(ACORN)or its
suhsidiaries,without the express prior written approval of OJP.
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F,R.parts 66,70.
OIP FORM 40002(REV,4 88)
16
Attachment A
Department of Justice
Office of Justice Programs AWARD
b Bureau of.lusfiee Assistance CONTINUATIONSHEET PAGE 3 OF f
Grant 40
_...._ ........_..,_,_ -- .. _. _......,
PROIECTNtlMBER 2014-DU-BX-1034 AWARD DATE 0a106/201a
SPECIAL CONDITIONS
8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award
Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The
recipient also agrees to comply with applicable restrictions on subawards to first-tier subreeipients that do not acquire
and provide a Datd Universal Numbering System(DUNS)number.The details of recipient obligations are posted on
the Off.of Reance Programs web site at httpa/www.ojp.gov/fcnding/sani him(Award cunditlom Registration with the
System for Award Management and Universe[Identifier Requirements),and are incorporated by reference here.This
special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated
to any business or non-pmfil organization that he or she may own or operate in his or her name).
9, Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant,and to establish workplace safety politics and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
.10. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost
limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses
related to conferences,meetings,irainings,and other events,including the provision of food and/or beverages at such
events,and costs of attendance at such events, Information on pertinent laws,regulations,policies,and guidance is
available in the UP Financial Guide Conference Cost Chapter.
11. The recipient understands and agrees that any training or training materials developed or delivered with funding
provided under this award must adhere to the OR Training Guiding Principles for Grantees and Sublirantees,available
at htip;!lwww.ojp.usdoj,gt)v/funding/ojptrainingguidingprinciples.htm. -
12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds
other than this OJP award,and those award funds have been,are being,or are to be used,in whole or in part,for one or
more of the identical cost items for which fonds are being provided under this CUP award,the recipient will promptly
notify,in writing,the grant manager far this OR award,and,if so requested by OJP,seek a budget-modification or
change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication offending.
I I The recipient understands and agrees that award funds may not he used to discriminate against or denigrate the
religious ar moral beliefs ofsmdenls who participate in programs for which financial assistance is provided from those
funds,or of the parents or legal guardians of such students.
14. The recipient understands and agrees that-(a)No award fiords may be used to maintain or establish a computer
network unless such network blocks the viewing,downloading,and exchanging of pomography,and(b)Nothing in
subsection(a)limits the use of funds necessary for any Federal,Sloe,tribal,or local law enforcement agency or any
other entity carrying out criminal investigations,prosecution,or adjudication activities.
15. 'fhe recipient agrees to comply with OJT grant monitoring guidelines,protocols,and procedures,and to cooperate with
BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic
desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to
complete monitoring tasks,including documentation related to any subawards made under this award. Further,the
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's10CFO's grant mondonng activities may result in sanctions affecting the recipient's
DOJ awards,including,but not limited to�withholdings anchor other restrictions on the recipient's access to grant
Funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk
grantee;or termination of an award(s).
OUP FORM 400V2(REV,458)
17
Attachment A
Department of Justice
Office of Justice Programs AWARD
M Bureau of Justice Assistance CONTINUATIONSHEET PAce 4 OF J
Grant 0/4
PROJhCTNUMBSR 2014-OJ BX IU4 AWARD DATE 08MOZ014
SPEC/AL CCNDMONS
15, The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in
certain circumstances,to report the names and total compensation of the five most highly compensated executives of
the recipient and first-tier subrocipiems of award funds. Such data will be submitted to the FFATA Subaward
Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability
and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at
http:/Iw .ojp.gov/fundingJffati.him(Award condition:Reporting Subawards and Executive Compensation),and are
incorporated by reference here_ This condition,and its reporting requirement,dues rot apply to grain awards made to
an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
17, The recipient agrees that all income generated as a direct result or this award.shall be deemed program income. All
program income named must be accounted rot and used for the purposes of hands provided under this award,including
such use being consistent with the conditions ofthe award,the effective edition of the ON Financial Guide and,as
applicable,either(1)28 C.F.A.Part 66 or(2)28 CE A Part 70 and 2 C.ER,Part 215(OMB Circular Ad 10). Further,
the use of program income must be reported on the quarterly Federal Financial Report,SF 425.
18. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
19, In order to promote information sharing and enable imeroperabil4y among disparate systems across thejustice and
public safety community,Ol?requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative
(DOTS Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global
Standards Package(GSP)and all constituent elements,where applicable,as described at
hop://www.ifojp.gov/gsp_gramcondition.Grantee shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an altemati ve approach is recommended,
20, The recipient is required to establish a trust fund account,(The post land may or may not be an interest-bearing
account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG),The recipient also agrees to obligate
the grant funds in the trust fund(including any interest earned)during the period of the grant and expend within 90
days thereafter.Any unobligaled or unexpended funds,including interest earned,must be returned to the Office of
Justice Programs at the time of closeout
21. JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the
Bulletproof'Vest Partnership(B V P)program,
22. The recipient agrees to submit it signed certification that that all law enforcement agencies receiving vests purchased
with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed
certifications on file for any subrecipicnts planning to utilize JAG funds for ballistic-resistant and stab-resistant body
armor purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by
the agency for body amtor,There are no requirements regarding the nature of the policy other than It being a mandatory
wear policy for all unifomred officers while on duty.
OJP FORM4000/2(RF.V.4-88)
18
Attachment A
Department of Justice
Office of lustice Programs AWARD
to Bureau of Justice Assistance CON'rINUATIONSHEET PA9E s OF 7
Grant
PRU11,Ct NUMBER 2014-0r-BX-1034 AWARD DATE 09/06/2014
SPECIAL CONDITIONS
23, Rallistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level,make
or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with
applicable National Institute of Justice ballistic or slab standards and arc listed on the NII Compliant Body Armor
Model List f ug://nij,gov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American-
made.The latest NU standard information can be found here:htrp./Iwww,bill,gov/topics/technulogy/body-a mor/safely-
initiztive.hlm.
24, The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National
Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these
grant funds,either directly by the grantee or by a subgrantee. Accordingly,the grantee agrees to first determine if any
of the fallowing activities will be Handed by the grunt,prior to obligating funds For any of these purposes. If it Is
determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA.
The grantee understands chat this special condition applies to its following new activities whether or not they are being
specifically funded with these grant fads. That is,as long as the activity is being conducted by the grantee,a
sublimates,or any third parry and the activity needs to be undertaken in order to use these grant hods,this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor reuovation or remodeling of a property located in an environmentally or historically sonsitivc arms,including
properties located within a 100-year flood plain,a Weiland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d, Implementation of new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,For example,in office,household,recreational,or
education environments;and
e. Implementation of a program relating to clandestine methamphctamine laboratory operations,including the
Identification,seizure,or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mi ligation Plan,as detailed at
htlp://www.gip.usdDj.govBJA/resource/nepa.hunl,for programs relating to methamphetamine laboratory operations.
Application ofI'his Special Condition to Grantee's Existing Programs or Activities'.For arty of the grantee's or its
subgrnntees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request
from BJA,agrees to cooperate with B1A in any preparation by BJA of a notional or program environmental assessment
of that funded program or activity.
25. The recipient agrees that any information technology systern funded or supported by DJP funds will comply with 28
GER.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable.
Should OJP determine 28 C.Y.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as
per the regulation. Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 USC.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
26. The recipient agrees to ensure that the Spite Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology
proiects being conducted with these grant funds,In addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to
http'./!www,it.ofp.gov/defat,it.aspx?area policyAnJilractice&page-I046,
OJP FORM 4000/2(REV,4-ss)
Attachment A 19
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PACE e of 4
C]rnnY
L
PROIRCTMIMBER 2014-DJ BX 1034 AWARD DATE 08/11
SPECIAL CONDITIONS
27, The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department o(lustiee
regulation governing"Equal Tmarment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal
Treatment Regulation provides in part that Department of Justice grant awards ofdirect Funding may not he used to
fund any inherently religious activities,such as worship,religious instruction,or proselytizalion.Recipients of direct
grants may still engage in inherently religious activities,but such activities must be separate in time or place from the
Department of Justice funded program,and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations
participating in programs directly Funded by the Department efficacies are not permitted to discriminate in the provision
ofservicos on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,faith-
based organizations may,in some circumstances,consider religion as a basis for employment. See
lutp:,'/www.ojp.gev/abouGocr/equal_fbo him.
28. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must
conform to the grant program requirements as stated in EJA program guidance.
29- Grantee agrees to comply with the requirements of 28 CY R,Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent.
30. Grantee agrees m comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that
are applicable to collection,use,and revelation of data or information.Grantee butter agrees,as a condition of grant
approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular,
section 22.21
31. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations,
OMB circulars,and guidelines,including the OJT Financial Guide,and to include the applicable conditions of this
award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use ofJAG funds by subreclpienls.The recipient agrees to submit,upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
32. The recipient agrees that funds received under this award will not be used to supplant State or local Funds,but will be
used to increase the amounts o£such finds that would,in the absence of Federal funds,be made available for law
enforcement activities.
33. Award recipients must submit quarterly a Federal Financial Report(SF425)and annual performance reports through
GMS(hops://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Goverment
Performance and Results Act(GPRA),P.L.103-62,applicants who receive funding under this solicitation roust
provide data that measure the results ofthcif work. Therefore,quarterly performance metrics reports most be submitted
through BJA's Performance Measurement Tool(PMT)website(www.bjaperformnncet ichnorg). For more detailed
information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage, Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and fume High Risk
designation.
34. Award recipients must verify Point of Contact(POC),Financial Point of Contaut(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address- If any information is
incorrect or has changed,a Greet Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
OJP FORM 4000Q(REV.4So;
20
Attachment A
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PAGE v OF 7
Grant
PROJECTNUMEER 2Or4-DI-aX-1034 AWAROUArE 0&0612014
SPECIAL CONDITIONS
35. The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force
funded with these funds who is a task force commander,agency executive,task force officer,or other task force
member of equivalent rank,wih complete required online(atemer-based)tusk force tmin'mg.Additionally,all future
Risk force members are required to complete this training once during the life of this award,or once every four years if
multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task
Force Integrity and Leadership(www.cttli.org).This training addresses task force effective r,av as well as other key
issues including privacy and civil libernesMghts,risk force performance measurement,personnel selection,and task
force oversight and accountability.Wien BJA funding supports a task force,a task force personnel roster should be
compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is
available regarding this required training and access methods via BJA's web site and the Center for Task Force
Integrity and Leadership(www.cfl`h org).
36. No JAG funds may be expended on the purchase ofunmanned aircraft,unmanned aircraft systems or unmanned aerial
vehicles(UAIUASMA V),unless the BJA Director certifies that extraordinary and exigent circumstances exist,making
them essential to the maintenance of public safety and good order.Any state or local jurisdiction receiving BJA
approval to utilize JAG funds for this type of purchase most certify to DOJ that it received Federal Aviation
Administration(FAA)approval to operate a UA/UAS/UAV and that it is legal to operate o UA/UAS/UAV in the
proposedjurisdietion or geographic area. The recipient must submit a statement on the goals and objectives for the use
of a UA/UASrUAV,the anticipated specific uses,and policy regarding privacy considerations.BJA may require
additional reporting requirements that will be stipulated post award.
37 BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to your My BJA account at https:/'www bja.gov/Lugin.aspx to occurs the Success Story Submission form.
Ifyou do not yet have a My BJA account,please register at leaps.//www.bin.gov/profile.aspx.Once you register,one of
the available areas on your My BJA page will be"My Success Stories".Within this box,you will see an option to add a
Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web
Page at https://www.bja.gov/SuccessStoryList.aspx.
38, Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has
received and approved the signed Memorandum of Understanding(MOU)between the disparate jurisdictions and has
issued a Grant Adjustment Notice(GAN)releasing this special condition.
39, Recipient may not expend or drawdown hands until the Bureau❑f thro it Assistance(BJA)has received documentation
demonstrating that the state or local governing body review and public comment requirements have been met and a
Grant Adjustment Notice(GAN)has been approved releasing this special condition.
40, Recipient may not expend,or drawdown finds until the Bureau of Justice Assistance,Office of Justice Programs has
reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice
(GAN)informing the recipient of the approval.
41. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any
employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the
federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System
for that year. (An award reuipiennt may compensate an employee at a higher rate,provided the amount in excess oftlis
oompeusation limitaticn is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
OJe FORM 4001112(REV.4-as)
zi
Attachment B
City of Kent
Project Name: Kent Community Based Strategies
Project Cost: $57,455
Project Description:
The Kent Police Department will increase effectiveness of the Kent Police
Department's Intelligence Led Policing (ILP) by implementing several community
based strategies to help with aggressive crime fighting and prevention. This
proposal includes overtime shifts for "hot spot" areas as identified by crime
statistics and by officers at weekly problem-solving meetings. This overtime will
also allow for increased enforcement during warmer spring and summer months to
enforce illegal street racing which occurs throughout the Kent valley industrial area.
In addition to the "hot spot" policing, Kent Police will purchase equipment and
supplies for the City of Kent Correctional Programs Work Crew who are
instrumental in community cleanup and graffiti removal. Kent Police Community
Education Coordinators manage a citywide graffiti removal program with assistance
from the Corrections Work Crew and community volunteers.
Kent Police will enhance technology by purchasing the Facial Recognition
Workbench and five Spy Alarms for improved criminal investigations and quicker
response times. Finally, Kent Police will purchase up to 16 GPS units for use by
families of vulnerable individuals. Similar to "project lifesaver", Kent will create its
own version of the program to get GPS units and monitoring to Kent families in need
of the service.
These identified strategies cover several Justice Assistance Grant (JAG) purpose
areas.
Program Need
Law Enforcement Programs:
Previous JAG funding opportunities have enabled Kent Police to expand its
Intelligence Led Policing program. As a result, additional "hot spots" have been
identified through analysis of crime statistics. These "hot spots" require additional
patrol enforcement to ensure crime statistics and trend decrease once the "hot
spots" are identified.
In addition to the "hot spot" enforcement, Kent is well known across the region as
the place to illegally street race. Hundreds of racers convene on the streets of Kent's
industrial north end during the warmer spring and summer weekend evenings. The
illegal street racing epidemic brings with it other crime, traffic crimes, and
hazardous driving conditions for the public. Overtime will be utilized to deploy
officers in the areas known for racing based upon intelligence gathered.
zz
Attachment B
Kent Police will purchase five spy alarms to supplement our Intelligence Led
Policing program. The alarms will be deployed in high crime areas by Neighborhood
Response Team officers. These alarms will assist officers in quicker response times
with the goal of apprehension of suspects. Kent Police currently operates three spy
alarms and these are often all deployed at the same time. There is a need for
additional alarms to enhance enforcement efforts.
Kent Police will purchase the Facial Recognition Workbench; a computer software
to enables the ability to turn a still picture to map the faces of individuals. Once the
face is mapped, it can be compared with all of the jail interfaces. By taking a still
photo from video surveillance, the software can move the photo to get all facial
points needed to actually identify individuals. Currently, Kent Police has hours of
footage from video surveillance which still photos can be retrieved, however,
without knowledge of the individuals in the photos, officers are unable to make
arrests. This software will increase arrests and improve clearance rates. This
software is what was used by law enforcement officials in Boston, MA to identify the
"Boston Marathon Bombers".
Prevention and Education Programs
Kent Police Community Education Unit staff coordinate the citywide graffiti removal
program. Part of the program is coordinating volunteer cleanup events. The graffiti
paint and supplies proposed in this application will be used during these volunteer
cleanup events to eradicate graffiti across the City of Kent.
A local resident who is the mother of autistic seven year old twin boys contacted the
Kent Police Department to find out whether programs are in place to support GPS
trackers for special needs children and adults. She has been working with the Kent
School District and King County Sheriffs Office to implement a local program for the
number of children and families who could benefit from GPS trackers to ensure
safety. In Kent, in May 2014, an elderly man, with onset dementia, had wandered
from his home and was hit and killed by a train. He was a well-known contributor to
the Kent community and his death is a deafening loss to Kent. A GPS tracker would
have assisted his caretaker to know his whereabouts and this incident may not have
occurred. Funding from this proposal would allow Kent to create a locally based
program which will provide GPS trackers to families in need and prevent
catastrophic events, similar to the one just experienced, from occurring in the
future.
Corrections and community corrections programs:
The Kent Police Department began operating a supervised work crew program in
2009. This program expands the areas that the work crew can work within the City
of Kent and prepares qualified offenders for employment. The work crew program
instills the discipline necessary to increase offenders' work ethic that will help them
find and retain future employment upon their release from correctional supervision,.
23
Attachment B
These offenders earn good time that decreases their time in jail and helps the city
maintain a manageable and safe jail population. Graffiti removal is one of the
frequent projects performed by the work crew.Work crew members also improve
appearance roadways, sidewalks, and parks by cutting down brush, weeding,
removing invasive plants, and park cleanups. Kent Police will purchase graffiti
supplies and equipment for use by the work crews to support their community
program initiatives.
Program Activities for 4-Year Grant Period:
Kent Police Department's proposed activities are:
• Police officer overtime to patrol identified"hot spots" of crime across the City
of Kent. "Hot spots" also include illegal street racing enforcement which often
occurs during the warmer Spring and Summer months (Law Enforcement
Programs)
• Purchase and deploy Corrections Programs/work crew equipment
(Corrections and Community Corrections Programs)
• Purchase and deploy graffiti program supplies and paint (Corrections and
Community Corrections and Prevention and Education Programs).
• Facial Recognition Workbench (Law Enforcement Programs)
• Spy Alarms (Law Enforcement Programs)
• GPS units for vulnerable populations which include children, elderly, and
those with mental health issues (Prevention and Education Programs)
Anticipated Coordination Efforts Involving JAG and Related Justice Funds:
The funding from this grant will be supplemented with city funding for the police
officers, detectives, corrections officers, command staff and community education
unit employees to deploy the strategies identified in this proposal. Kent Police will
build upon previous JAG funding to expand and continuously improve community
policing outreach and efforts.
Project Objectives:
Objective 1: The Kent Police Department will ensure areas identified as "hot spot"
areas based upon crime statistics will have increased enforcement to reduce
criminal activity in that area.
1. Officers working overtime in "hot spot" areas will complete an activity log
showing enforcement activity conducted.
2. Officer overtime hours will be tracked monthly.
3. Spy alarms will be deployed within "hot spot" areas to ensure quick response
time.
4. Facial Recognition Workbench will be utilized to identify high impact
offenders. This information will be shared with officers working overtime in
the "hot spots".
24
Attachment B
Objective 2: Ensure City of Kent Corrections Program Work Crew have adequate
equipment and supplies to improve community appearance, livability and provide
Work Crew inmates with opportunities to develop skills.
1. Number of Programs Work Crew slots added through initiatives.We already
track current numbers so we will easily be able to track increases.
2. Number of hours of programming provided. We also report work time credit
hours completed by offenders quarterly. We will report the percentage
increase in community service hours as a result of this project.
3. Qualitative feedback from community members.
Objective 3: Create a comprehensive support program for families who need
resources to better track children, elderly or family members with mental health
issues.
1. Informational Brochure created by City of Kent Multimedia.
2. Application for families to complete who wish to participate in the program.
3. Number of GPS units distributed to families.
4. Qualitative feedback from families benefiting from program.
Project Identifiers
Community Based Programs, Graffiti - removal and monitoring, Correctional
Alternatives, Community Policing
25
ATTACHMENT C
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet & Narrative
A. Personnel
CITY OF SEATTLE
Name/Position Computation Cost
#of
Crime Prevention Coordinator Salary monthly salary months #of positions
(3 positions) $6,291 10.5 3 $198,167
TOTAL: $198.167
B. Fringe Benefits
CITY OF SEATTLE
Name/Position Computation Cost
monthly # of
Crime Prevention Coordinator Salary benefits months # of positions
(3 positions) $1,762 10.5 3 $55,493
TOTAL: $55,493
Seattle Sub12tal: $253,660
G. Consultants/Contracts
CITY OF AUBURN:
OT Rate #of His
Teen Late Night Program Officer OT $87.00 40.33 $3,509
Citizen's Police Academy Program Officer OT $87.00 35.63 $3,100
Fireworks Emphasis Program Officer OT $87.00 234.48 _ $20„400
Auburn SubTotal: $?.7,009
CITY OF BELLEVUE:
Item Computation Cost
IP Server and Hard Drive Storage for Covert Camera System $12,000
Camcorder for live streaming videos over a static IP address _ $3,560
Bellevue SubTotal: $152560
CITY OF BURIEN:
Purpose Location Computation Cost
Overtime for Foot/Bicycle Patrol
Program 160 hours x$75/hour $12,000
3 officers x
Defense Tactical Training Registration Seattle area $300/each $900
3 officers x
Gang Training Registration Seattle area $250/each $750
1 officer x
Forensic Computer Training Registration TBD $1,000/each $1,000
Forensic Computer Training Airfare TBD 1 Roundtrip Airfare $500
Page 1
26
ATTACHMENT C
FY 2014 .TAG City of Seattle Joint Application—Budget Worksheet&Narrative
Forensic Computer Hotel/Per Diem TBD 5 days x $200/day $1,000
IACP Conference Registration TBD 1 Chief x$350/each $350
IACP Conference Travel TBD I Roundtrip Airfare $500
IACP Conference Hotel/Per Diem TBD 5 days x$200/day $1,000
Overtime for Trainings 20 hours x$75 $1,500
Automated External Defibrillators(AED)for police cars 2 units x$1,000 each $2,000
Forensic Computer Workstation Various components $2,110
Misc. Police Equipment $1f875
Burien SubTotal S2S,4FTS
CITY OF FEDERAL
WAY:
Item Computation Cost
OCULUS recorder 16G body wire&related equipment 1 $16,185
Adobe Pro Software 8 277.34 $2,219
Taser 7 1,000 $7,000
Evidence Bar-coding, scanning,related equipment $5,291
Federal Way
SubTotal: $34,695
CITY OF KENT:
Item Computation Cost
_._................_.... _.................__ __..................
Patrol Officer OT- Hot Spot Emphasis $69.27/hour x 107
(2014-2015) hours $7,412.00
$71.35/hour x 105
Patrol Officer Of (Hot Spot Emphasis -2016) hours $7,492.00
Social Security $14,903,64 x .0765 $1,140.00
Retirement $14,903.64 x .06 $894.00
GPS units for vulnerable populations $200/unit x 16 unfits $3,200
Spy Alarms $3000/unit x 5 units $15,000
Facial Recognition Workbench 1 software x$13,000 each $13,000
Graffiti Removal Kits $100 x 50 kits $5,000
Corrections Programs Work Crew Equipment 2 weed eaters x$553.50 each $1,107
3 blowers x$1,070
cacti $3,210
Kent SubTotal: $57,4SS
KING COUNTY
Item Computation Cost
Warrant Prevention Program:
MetroCenter YMCA Alive&Free Program-WPP services Apr-Dec 2015 $106,000
University of Washington, Public Behavioral Health&Justice Policy Division -Evaluation $10,000
District Court Data Clean-Up
Program:
TLT-TBD(Salary) Range 55 Step I estimate 1,940.25 his $59,378
$30.6033 hour
TLT-TBD(Fringe Benefits) est FCA,FHI, Flex Benefits, retirement and Ind Ins $26,331
$13,57 hour
est hours 1940.25
Page 2
27
ATTACHMENT C
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet& Narrative
King County
SubTotal: $201,,7V)9
CITY OF RENTON:
Pumose Computation Cost
Direct Victim Services Assistance for victims protection/relocation $10,000
(Items purchased vary depending on needs of the
DV Program victim/investigation) $7,482
Domestic Violence Training Conference Location and# of employees TBD $3,000
(Price will vary depending on location)
Additional Domestic Violence Training Location and#of employees TBD $3,000
Direct Victim Services varied,depending on victim needs $5,000
Office supply's for Domestic Violence program(pamphlets, brochures, educational materials, other items needed)
(Items and price will vary depending on the needs of the program)
$100 per month x 20 months $2„000
Renton SubTotal: _S3t),482
CITY OF SEATAC:
Item Computation Cost
Overtime(Active Shooter Training) $100 X 141 hours $14,100.00
Miscellaneous Training Supplies $7
..........
SeaTac So Total: $14.107
CITY OF SHORELINE:
Item Computation Cost
_..._.........._..... —_...._..-- _... .
12x
Window Tint Meters $84.26 $1,011
4x
SECTOR Printer $354.78 $1,419
4x
SECTOR Scanner $250.76 $1,003
8x
Digital Cameras $208.04 $1,664
9x
Lockout Kits $54.70 $492
60 x
Rescue first aid kits $78.73 $4,725
Shoreline SubTotal: $10,314
CITY OF TUKWILA:
Items Computation Cost
PA System 1 system @$1,364 each $1,364
Generator 1 generator @$2,566 each $2,556
Bike Gear 6 sets @$483 each $2,898
Go-Bags 28 bags @$233.37 each $6,534
Less Lethal System 2 units @ $1,500 each $3,000
Taser Training Cartridges 120 cartridges @ $25 each _ $3,000Tukwila SubTotal: $53521
Page 3
2s
ATTACHMENT C
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet & Narrative
Budget Narrative
A. Personnel ($198,167)
A request of$198,167 is included for City of Seattle for salary costs associated with
preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department.
This amount will pay for 10.5 months in 2015.
B. Fringe Benefits ($55,493)
A request of$55,493 is included for City of Seattle for fringe benefit costs associated with
preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department.
Fringe benefits are City of Seattle standard fringe benefits for civilian personnel, and include
FICA, Health Care Medicare, Life Insurance, Retirement, Workers Comp, EAP, Disability
Insurance, and Death Benefits, and are calculated at a rate of approximately 26% of base salary.
G. Consultants/Contracts ($432,168)
As the fiscal agent, City of Seattle will enter into Interagency Agreements with all of the sub-
agencies listed below. Sub-Agencies will be required to spend their funds, and then request
reimbursement from City of Seattle. Therefore, we are listing all of the costs associated with
their programs under Consultants/Contracts:
City of Auburn ($27,009)
A request of$27,009 will cover Auburn Police Officer overtime costs associated with three
programs requested by City of Auburn: Teen Late Night, Citizen's Police Academy, and
Fireworks Emphasis Patrols. At an average overtime rate of$87, approximately 310 hours of
overtime will be worked.
City of Bellevue($15,560)
A request of$15,560 will be used to purchase Video Surveillance Tools that will enhance the
Police Department's ability to record, store, and view evidentiary video in a manner that is not
available today. It will also allow multiple law enforcement personnel access to view video
streams via their own Smart devices.
City of Burien ($25,485)
A request of$12,000 will cover overtime costs related to a new Foot/Bicycle Patrol program in
the downtown Burien area(at an average overtime rate of$75 per hour, approximately 160 hours
of overtime will be worked; a request of$7,500 will used for police officer training and training
associated overtime; and $5,985 will be used to purchase 2 Automated External Defibrillators
(AED) for police cars, and equipment to improve police officer safety and increase public safety.
Page 4
29
ATTACHMENT
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet & Narrative
City of Federal Way ($30,695)
A request of$30,695 is included to support 4 projects: $16,185 is included to purchase video and
audio recording for the Narcotics Unit; $2,219 is included to purchase Adobe Pro Software for
law enforcement personnel for public disclosure requests; $7,000 is included to purchase one
Taser; and $5,291 is included for the purchase of bar code scanning, document scanning, and
inventory for police evidence.
City of Kent ($57,455)
A request of$57,455 is included to support overtime and police programs for Kent Police
Department: $16,938 is included to pay Police Officer overtime for hotspot policing
(approximately 212 hours of overtime will be worked during 2014, 2015, and 2016); and
$40,517 is included to purchase GPS units for vulnerable populations, spy alarms, a facial
recognition workbench, graffiti removal kids, and work crew equipment.
King County ($201,709)
King County is requesting funding to support two King County Projects, including $116,000 to
support a Warrant Prevention Program, and $85,709 to support a District Court Data Clean-Up
Program.
City of Renton ($30,482)
City of Renton is requesting $30,482: $8,000 is included for Domestic Violence Training and
Conferences; $17,482 is included for protection, relocation, and emergency needs of domestic
violence victims; and $2,000 is included to purchase office items and supplies for the Domestic
Violence Program in the Renton Police Department.
City of SeaTac (S14,107)
A request of 14,100 is included for 141 hours of overtime for Active Shooter Training and $7 is
included for miscellaneous training supplies.
City of Shoreline ($10,314)
A request of$10,314 is included to purchase law enforcement equipment for Shoreline Police
Officers: 12 window tint meters, 4 complete SECTOR units, 8 digital cameras, 9 lockout kits,
and 60 rescue first aid kits.
City of Tukwila ($19,352)
A request of$19,352 is included to purchase law enforcement equipment for Tukwila Police
Officers: PA System, Firearms Trailer Generator, Community Policing Team Bike Gear, Go-
Bags, Less Lethal System, and Taser Training Cartridges.
Page 5
30
Agency Name: Sub Recipient Certification:
Seattle Police Department
610 5th Avenue I hereby certify under penalty of perjury that the items&totals
PO Box 34986 listed herein are proper charges for materials, merchandise,or
Seattle,WA 98124-4986 services furnished,and that all goods furnished and/or services
rendered have been provided in accordance with the approved
JAG Program Narrative and Project Budget,and comply with all
requirements set forth in the JAG Interagency Agreement.
Sub Recipient:
(Reimbursement is payable to)
City:
Address 1:
Address 2: Submitted by:
Sub Recipient Project Director
Attn: Date:
Approved by:
CFDA#16.738 Grant#2014 DJ BX 1034 Seattle JAG Program Manager
Project Title:
Date:
FY 2014 Justice Assistance Grant Program
Grant Term Dates:10/1/2013-9/30/2017
Submitted herewith for payment are expenditures made for services performed and/or supplies and materials received during
the above period. Duplicate copies of time sheet summary, invoices, proof of payment, proof of receipt,and signature are
attached. A Project Status Report,as outlined in the Interagency agreement, is also attached to this voucher.Original
documentation are maintained on file.
Current Past Cumulative
Project Budget Expenditures Expenditures Expenditures Balance
Personnel $ - $ - $ - $ - $ -
Fringe Benefits $ $ $ $ $
Travel/Training $ $ $ $ $
Equipment $ - $ - $ - $ -
Supplies $ - $ - $ - $ -
Consultants/Contracts $ $ $ $ $
Other $ - $ - $ - $ - $ -
TOTAL $ - $ - $ - $ - $ -
31
POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WISH IN GTO x Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Target Zero Manager Grant
MOTION: Recommend the Mayor accept a grant in the amount $124,000 from
the Washington Traffic Safety Commission to fund 60% of the salary and
benefits for the City's Community Education Coordinator who serves as the
Target Zero Manager for South King County, amend the budget, authorize
expenditure of the funds in accordance with the grant's terms, and authorize the
Mayor to sign all documents with terms and conditions acceptable to the city
attorney and police chief.
SUMMARY: The Community Education Coordinator within the Kent Police Department
currently serves as the Target Zero Manager for South King County. Among other
responsibilities, the Target Zero Manager facilitates task force meetings, leads
development and update of the traffic safety strategic plan, and coordinates high visibility
enforcement and media campaigns to generate awareness around Target Zero's priorities.
Under a prior grant, the City is reimbursed through the Washington Traffic Safety
Commission for a portion of the Community Education Coordinator's salary and benefits.
This grant would extend the City's commitment to provide the Target Zero Manager
through June 30, 2017, with the City receiving reimbursement for 60% of the salary and
benefits paid to the Community Education Coordinator for the services that employee
provides as the Target Zero Manager.
Exhibits: Interagency Agreement
Budget Impact: Income to reimburse the city for 60% of the salary and benefits of the
Target Zero Manager position with the city.
STUBLICTOLICETutic 5af yCo=ftte02015Vw0Targd ZaoM gaMotmtloc
32
INTERAGENCY AGREEMENT
BETWEEN
Kent Police Department AND
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT is made and entered into by and between the Kent Police Department
hereinafter referred to as "CONTRACTOR," and the Washington Traffic Safety Commission,
hereinafter referred to as 'WTSC."
THE PURPOSE OF THIS AGREEMENT is to provide funding for CONTRACTOR to provide
services as described in the Statement of Work, incorportated as "Exhibit A."
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The CONTRACTOR shall furnish the necessary personnel to act as the Target Zero Manager
(hereinafter referred to as "TZM") for the performance of duties as described in the Statement of
Work attached as Exhibit A.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence on July 1, 2015 and remain in
effect until June 30, 2017 unless terminated sooner, as provided herein.
COMPENSATION
Compensation for the work provided in accordance with this Agreement has been established
under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement
of Work will not exceed $124,000.00 (One hundred twenty-four THOUSAND DOLLARS). If the
CONTRACTOR intends to charge indirect costs, submission of a cost allocation plan or a
Federal cognizant agency letter is required. Payment for satisfactory performance of the work
shall not exceed this amount unless the parties mutually agree to a higher amount. The
following summarizes total project costs under this Agreement.
Summary of costs Amount
Employee salaries and benefits $124,000.00
TOTAL $124,000.00
STATE AND FEDERAL TERMS AND CONDITIONS:
ACTIVITY REPORTS
The CONTRACTOR agrees to submit quarterly reports and a final report on the activity of this
project in the form provided by the WTSC entitled "Traffic Safety Project Report" and
incorporated by reference as Exhibit B. Final reports are to be detailed and must describe
whether the project objectives were accomplished, if technical and fiscal problems were
encountered, and what improvements in traffic safety have resulted or probably will result.
Included in the final report will be copies of publications, training reports and any statistical data
33
generated in project execution. The final report is to be submitted to WTSC within 30 days of
termination of this Interagency Agreement.
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this
Agreement shall be made by the WTSC.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of the
parties.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express prior written
consent of the party, which consent shall not be unreasonably withheld. The CONTRACTOR
shall provide the WTSC a copy of all third-party contracts and agreements entered into for
purposes of fulfilling the Statement of Work outlined in Exhibit A. All third-party awards must
allow for the greatest practical competition in accordance with applicable procurement rules and
procedures.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce Agreement terms, each party agrees
to bear its own attorney fees and costs.
BILLING PROCEDURE
The CONTRACTOR shall submit invoices for reimbursement with supporting documentation to
WTSC monthly. All invoices for reimbursement shall be submitted using the A-19 attached as
Exhibit C or its pre-approved equivalent. Payment to the CONTRACTOR for approved and
completed work will be made by warrant or account transfer by WTSC within 30 days of receipt
of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall
be submitted within 45 days after the expiration date of this Agreement. All invoices for goods
received or services performed on or prior to June 30, must be received by WTSC no later
than August 15. All invoices for goods or services performed on or prior to September 30,
must be received by WTSC no later than November 15.
BUY AMERICA ACT
The CONTRACTOR will comply with the provisions of the Buy America Act (49 U.S.C. 53230)),
which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased
with Federal funds unless the Secretary of Transportation determines that such domestic
purchases would be inconsistent with the public interest, that such materials are not reasonably
available and of a satisfactory quality, or that inclusion of domestic materials will increase the
cost of the overall project agreement by more than 25 percent. Clear justification for the
34
purchase of non-domestic items must be in the form of a waiver request submitted to and
approved by the Secretary of Transportation.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The CONTRACTOR shall not use or disclose any information concerning the WTSC, or
information which may be classified as confidential, for any purpose not directly connected with
the administration of this agreement, except with prior written consent of the WTSC, or as may
be required by law.
COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49
CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational
institutions, and OMB Circular A-122 for nonprofit entities. The CONTRACTOR shall not utilize
Federal grant funds to replace routine and/or existing State or local expenditures; or utilize
Federal grant funds for costs of activities that constitute general expenses required to carry out
the overall responsibilities of State, local, or Federally-recognized Indian tribal governments.
COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that no person or selling agent has been employed or retained to
solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the CONTRACTOR for the purpose of securing business.
The WTSC shall have the right, in the event of breach of this clause by the CONTRACTOR, to
annul this agreement without liability or, in its discretion, to deduct from the agreement price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the CONTRACTOR (hereinafter in this section
referred to as "prospective lower tier participant') is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the Definition and Coverage
sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for
assistance in obtaining a copy of those regulations.
35
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency with
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not proposed for debarment under
48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the List of Parties Excluded from Federal Procurement and
Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department or
agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute
Board in the following manner: Each party to this Agreement shall appoint one member to the
Dispute Board. The members so appointed shall jointly appoint an additional member to the
Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable
statutes and rules and make a determination of the dispute. The determination of the Dispute
Board shall be final and binding on the parties hereto. As an alternative to this process, either
36
of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in
which event the Governor's process will control.
DRUG-FREE WORKPLACE
In accordance with the Drug-Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644),
the CONTRACTOR shall publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited
in the workplace and shall specify the actions that will be taken against employees for violation
of such provision. The CONTRACTOR shall establish a drug-free awareness program and
require that employees provide notification of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such incident. The CONTRACTOR shall
notify WTSC within ten days after such notification by an employee engaged in the performance
of the grant. Within 30 days, the CONTRACTOR will take appropriate personnel action against
such employee, up to and including termination, and require the employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes
by a Federal, state, or local health, law enforcement, or other appropriate agency.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
In accordance with FFATA, the CONTRACTOR shall, upon request, provide WTSC the names
and total compensation of the five most highly compensated officers of the entity if:
(i) the entity in the preceding fiscal year received—
(. 80 percent or more of its annual gross revenues in Federal awards;
II. $25,000,000 or more in annual gross revenues from Federal awards; and
(ii) the public does not have access to information about the compensation of the senior
executives of the entity through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986;
FEDERAL LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, 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 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. 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 Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
37
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the
state of Washington and any applicable federal laws. The provisions of this Agreement shall be
construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
a. Applicable state and federal statutes and rules;
b. Terms and Conditions of this agreement;
c. Any Amendment executed under this Agreement;
d. Any Statement of Work executed under this Agreement; and
e. Any other provisions of the agreement, including materials incorporated by reference.
INCOME
Income earned by the CONTRACTOR with respect to the conduct of the Statement of Work
(e.g. sale of publications, registration fees, service charges) must be accounted for and income
applied to project purposes or used to reduce project costs.
INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold
harmless state, agencies of state and all officials, agents and employees of state, from and
against all claims for injuries or death arising out of or resulting from the performance of the
Agreement. The CONTRACTOR's obligation to indemnify, defend, and hold harmless includes
any claim by the CONTRACTOR's agents, employees, representatives, or any subcontractor or
its employees. The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless
the state for any claim arising out of or incident to CONTRACTOR's or any subcontractor's
performance or failure to perform the Agreement.
The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend and hold harmless state and its agencies, officials, agents or employees.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement
shall continue to be employees or agents of that party and shall not be considered for any
purpose to be employees or agents of the other party.
INDUSTRIAL INSURANCE COVERAGE
The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If
the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or
penalties on behalf of its employees as may be required by law, the WTSC may collect from the
CONTRACTOR the full amount payable to the Industrial Insurance accident fund. The WTSC
may deduct the amount owed by the CONTRACTOR to the accident fund from the amount
payable to the CONTRACTOR by the WTSC under this Agreement, and transmit the deducted
38
amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This
provision does not waive any of L&I's rights to collect from the CONTRACTOR.
LICENSING, ACCREDITATION AND REGISTRATION
The CONTRACTOR shall comply with all applicable local, state, and federal licensing,
accreditation and registration requirements/standards, necessary for the performance of this
Agreement.
NONDISCRIMINATION
The CONTRACTOR will comply with all Federal statutes and implementing regulations relating
to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the
basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and
1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the
Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et
seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27);
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits
discrimination on the basis of age;
(e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal-aid
recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of
their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C.
290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records;
(i) Title VII I of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to
nondiscrimination in the sale, rental or financing of housing;
Q) any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and
(k) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
In the event the CONTRACTOR is in non-compliance or refuses to comply with any
nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled or
terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further
contracts with the WTSC. The CONTRACTOR shall, however, be given a reasonable time in
which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
PERSONNEL
If CONTRACTOR personnel performing the required tasks and activities of this agreement
separate from service or otherwise terminate their employment with the CONTRACTOR,
whether voluntarily or involuntarily, the CONTRACTOR must receive prior written approval of
the WTSC in advance of recruitment and selection of substitute personnel. In circumstances
when performance of the provisions of this agreement constitutes more than fifty percent of the
39
time of the CONTRACTOR's designated personnel, the CONTRACTOR will make available to
the WTSC the opportunity to actively participate in recruitment and selection.
POLITICAL ACTIVITY (HATCH ACT)
The CONTRACTOR will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which
limits the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs expended by either
party in the performance of the service(s) described herein. These records shall be subject to
inspection, review or audit by personnel of both parties, other personnel duly authorized by
either party, the Office of the State Auditor, and federal officials so authorized by law. All books,
records, documents, and other material relevant to this Agreement will be retained for six years
after expiration and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these materials
during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the
other party, will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose or make available this material to any third parties without first
giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each
party will utilize reasonable security procedures and protections to assure that records and
documents provided by the other party are not erroneously disclosed to third parties.
REGISTRATION WITH DEPARTMENT OF REVENUE
The CONTRACTOR shall complete registration with the Washington State Department of
Revenue and be responsible for payment of all taxes due on payments made under this
Agreement.
RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to the WTSC, or any of its
officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and/or quality assurance under this Agreement.
The CONTRACTOR shall make available information necessary for WTSC to comply with the
client's right to access, amend, and receive an accounting of disclosures of their Personal
Information according to the Health Insurance Portability and Accountability Act of 1996
(HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable
provisions of Washington State law. The CONTRACTOR shall upon request make available to
the WTS and the U.S. Secretary of the Department of Health & Human Services all internal
policies and procedures, books, and records relating to the safeguarding, use, and disclosure of
Personal Information obtained or used as a result of this Agreement.
RIGHTS IN DATA
Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as
defined by the U.S. Copyright Act and shall be owned by the WTSC and the State Of
Washington. In the event the Materials are not considered "works for hire" under the U.S.
Copyright laws, the CONTRACTOR hereby irrevocably assigns all right, title, and interest in
40
data, including all intellectual property rights, to the WTSC effective from the moment of
creation. Data shall include, but not be limited to data, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Ownership includes the right to copyright, patent, register, and the ability
to transfer these rights.
The CONTRACTOR may publish, at its own expense, the results of project activities without
prior review by the WTSC, provided that any publications (written, visual, or sound) contain
acknowledgment of the support provided by the National Highway Traffic Safety Administration
(NHTSA) and the WTSC. Any discovery or invention derived from work performed under this
project shall be referred to the WTSC, who will determine through NHTSA whether patent
protections will be sought, how any rights will be administered, and other actions required to
protect the public interest.
SAVINGS
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, the WTSC may
terminate the Agreement under the "Termination for Convenience" clause, without the ten day
notice requirement, subject to renegotiation at the WTSC's discretion under those new funding
limitations and conditions.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which
can be given effect without the invalid provision, if such remainder conforms to the requirements
of applicable law and the fundamental purpose of this agreement, and to this end the provisions
of this Agreement are declared to be severable.
SITE SECURITY
While on AGENCY premises, the CONTRACTOR, its agents, employees, or subcontractors
shall conform in all respects with physical, fire or other security policies or regulations.
STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge
or influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct
and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a
State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State
practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
TAXES
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of
the CONTRACTOR.
TERMINATION
Either party may terminate this Agreement upon thirty (30) days prior written notification to the
other party. If this Agreement is so terminated, the parties shall be liable only for performance
41
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective
date of termination.
TERMINATION FOR CAUSE
If, for any cause, either party does not fulfill in a timely and proper manner its obligations under
this Agreement, or if either party violates any of these terms and conditions, the aggrieved party
will give the other party written notice of such failure or violation. The responsible party will be
given the opportunity to correct the violation or failure within fifteen (15) working days. If failure
of violation is not corrected, this Interagency Agreement may be terminated immediately by
written notice of the aggrieved party to the other.
TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, the WTSC may, by 10 days written notice,
beginning on the second day after the mailing, terminate this Agreement in whole or in part. If
this Agreement is so terminated, the WTSC shall be liable only for payment required under the
terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
TREATMENT OF ASSETS
1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all
property furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is
entitled to be reimbursed as a direct item of cost under this Agreement, shall pass to and
vest in the WTSC upon delivery of such property by the CONTRACTOR. Title to other
property, the cost of which is reimbursable to the CONTRACTOR under this Agreement,
shall pass to and vest in the WTSC upon (i) issuance for use of such property in the
performance of this Agreement, or (ii) commencement of use of such property in the
performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in
whole or in part, whichever first occurs.
2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise provided
herein or approved by the WTSC, be used only for the performance of this Agreement.
3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC
which results from the negligence of the CONTRACTOR or which results from the failure on
the part of the CONTRACTOR to maintain and administer that property in accordance with
sound management practices.
4. If any WTSC property is lost, destroyed or damaged, the CONTRACTOR shall immediately
notify the WTSC and shall take all reasonable steps to protect the property from further
damage.
5. The CONTRACTOR shall surrender to the WTSC all property of the CONTRACTOR prior to
settlement upon completion, termination or cancellation of this Agreement.
6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR 's
employees, agents or Subcontractors.
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original Agreement.
DESIGNATED CONTACT
The following named individuals will serve as designated contacts for each of the parties, for all
communications and billings regarding the performance of this Agreement:
42
The Contact for the CONTRACTOR is: The Contact for WTSC is:
Sara Wood Edica Esqueda
Project Director— South King County Program Manager—WTSC
Target Zero Task Force P.O. Box 40944
220 4`h Avenue South Olympia, WA 98504-0944
Kent, WA 98032 (360) 725-9886 (office)
253-856-5856 (office) (360) 586-6489 (fax)
253-856-6800 fax
IN WITNESS WHEREOF, the parties have executed this Agreement.
AGENCY NAME
Signature
Suzette Cooke
Printed Name
Mayor
Title Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Chris Madill
Printed Name
Deputy Director
Title Date
43
Exhibit A
STATEMENT OF WORK
• General. CONTRACTOR shall provide personnel to serve as the Target Zero
Manager (TZM) providing services consistently for the entire period of performance. The
TZM will perform TZM duties exclusively for the following county(s): King County.
Required Core Tasks
(Approximately 50%of coordinator time)
Task: Facilitating Task Force Meeting
Deliverables Reporting
• Conduct monthly or quarterly Task Force Taskforce meeting dates
meetings
• Expand task force membership through new
partnerships with local/regional/tribal
stakeholders
Task: Leading development and update of the CountylRegion Traffic Safety Strategic Plan
Deliverables Reporting
• Strategic plan that has been approved in Describe recent efforts in creating/updating
the past 12 months the strategic plan
• Diverse stakeholder involvement in
strategic plan development
Task: Coordinating High Visibility Enforcement and Media Campaigns
Deliverables—AllHigh Visibility Enforcement Reporting
and Media Campaigns (HVEM)
• Determine funding amounts for each Submit mobilization funding plan spreadsheet
participating law enforcement agency detailing amounts for each participating law
• Create and submit signed interagency enforcement agency and emphasis type
agreements for each participating law Submit County mobilizations funding plan status
enforcement agency report with quarterly report
• Monitor interagency agreements for budget
and performance
Deliverables—StatewideHVEM Reporting
• Provide input to localize WTSC news releases Submit HVE activity total log to WTSC within
• Conduct community outreach one week prior 72 hours end of the mobilization
and during the statewide mobilization Submit county/region law enforcement
• Forward news releases and detailed HVE participation summary within 72 hours
campaign information to LE agency media Submit community outreach report form with
contacts. quarterly report
Deliverables—Local Mobilizations(Flex, Target Reporting
Zero Teams, pilot, other HVEMprojects)
• Develop HVE enforcement plans quarterly Submit HVE enforcement plans quarterly(or
• Develop and distribute news releases to annually)
publicize HVE Flex patrols Submit HVE activity total log to WTSC within
44
• Conduct community outreach to support HVE one week of patrols
Flex patrols Submit copies of news releases sent to local
• Develop localized media creative to support media with quarterly report
HVE Flex patrols (required for TZT, optional Submit media and community outreach report
otherwise.) form with quarterly report
• Submit county/region law enforcement
participation summary with quarterly report
Task: Complete required reports
Deliverables Reporting
• Complete quarterly reports and billable hour Submission of Quarterly Reports to WTSC
logs within 30 days of end of quarter
• Submission of Daily Billable Hours logs to
WTSC within 10 business days after the end
month
Task: Participating in WTSC-sponsored training and development events
Deliverables I Reporting
• Attend annual TZM meeting and other Provide summary on development events,upon
development events as assigned or upon request
approval
StrateLies related to the Target Zero Plan
(Approximately 30%of coordinator time)
Strategy: Generate awareness and news media around Target Zero Plan priorities
Deliverables I Reporting
Create unpaid media opportunities via social Describe recent results in generating news
media,web,print,radio,PSA's, and other media for local Target Zero Plan priorities
media formats Copies of news releases sent to media
Strategy: Publicizing data trends and Target Zero priorities based on fatality and serious
injury data
Deliverables Reporting
• Deliver traffic safety presentations to the local Number of presentations to local stakeholders
Task Force, affiliated agencies, councils,
commissions, employers, civic groups, and
other stakeholders highlighting local trends and
opportunities
Strategy: Coordinate enforcement, education, and engineering efforts for pedestrian safety
Deliverables I Reporting
• Coordinate efforts of law enforcement, Include project status reports within
engineering targeting pedestrian safety quarterly reports
• Conduct pedestrian education campaigns in
support of enforcement/engineering efforts
45
Strategy: Encourage peer-delivered youth traffic safety awareness programs
Deliverables I Reporting
• Educate high school administrators and student Describe outreach efforts to
leaders on available programs and resources for administrators/student leaders and results
student led traffic safety programs
Strategy: Educate parents around young driver issues
Deliverables Reporting
Inform parents about young driver risk and Dates of presentations to parents on young
their roles in enforcing the elements of the driver issues
Intermediate Driver's License o Driver Training School Parent Nights
o Parent Teacher Organization meetings
(PTO/PTA)
Strategy: Encourage training opportunities for alcohol/drug detection and effective
prosecution
Deliverables Reporting
• Regularly communicate with local law Describe communication work within quarterly
enforcement and prosecuting agencies about reports
training opportunities such as:
o Blood Alcohol Content Training(BAC)
o Standard Field Sobriety Testing(SFST)
o Advanced Roadside Impaired Driving
Enforcement (ARIDE)
o Traffic Safety Resource Prosecutor(TSRP)
Strategy: Promote car seat technician training
Deliverables Reporting
• Recruit candidates for car seat technician training • Describe recruitment for car seat
• Promote local inspection stations and events technical training and promotion
efforts of inspection events
Strategy: Other Target Zero Plan Strategies
Deliverables Reporting
• Promote Data Driven Approaches to Crime and • Include DDACTS status reports within
Traffic Safety (DDACTS)DDACTS quarterly reports
• Assist in the implementation of targeted • Include results of DDACTS patrols within
enforcement patrols in support of the Kent quarterly reports.
Police Department's DDACTS grant.
46
Other Duties
(Approximately 20%of coordinator time)
Other Duties:Support King County Distracted Driviu Grant
Deliverables Reporting
Work with North King County TZM to develop FIVE • Include Results within quarterly reports.
enforcement plans and local media in support of the
King County Distracted Driving Grant.
Other Duties:Anti-Street Racing Public Awareness
Deliverables Reporting
Assist in promotinge an anti- Street Racing message • Describe efforts within the quarterly reports.
through PSA's and literature in support of the State
Farm Grant.
47
Exhibit B
WA 5 H I Traffic N G T O®®N
Safety
c O M M I s s I O N
Traffic Safety Project Report
Agency: Date Submitted:
Project Title: JWTSC Contract Number:
Report Submitted By: IGrantee Contract Number (if applicable):
Quarterly Report Number:
❑1st Quarter Report Oct. 1 — Dec. 31 Due on Jan. 30
❑2" Quarter Report Jan. 1 — Mar. 31 Due on Apr. 30
❑Y Quarter Report Apr. 1 — Jun. 30 Due on Jul. 30
❑4 Quarter Report July 1 — Sept. 30 Due on Oct. 30
Other Report:
❑Final Report Due within 30 days of project close
Required Core Tasks
(Approximately 50%of coordinator time)
Task: Facilitating Task Force Meeting
Deliverables Reporting
• Conduct monthly or quarterly Task Force Taskforce meeting dates
meetings
• Expand task force membership through new
partnerships with local/regional/tribal
stakeholders
Narrative:
Task: Leading development and update of the CountylRegion Traffic Safety Strategic Plan
Deliverables Reporting
• Strategic plan that has been approved in the Describe recent efforts in creating/updating the
past 12 months strategic plan
• Diverse stakeholder involvement in strategic
plan development
Narrative:
48
Task: Coordinating High Visibility Enforcement and Media Campaigns
Deliverables—AllHigh Visibility Enforcement Reporting
and Media Campaigns (HVEM)
• Determine funding amounts for each • Attach mobilization funding plan spreadsheet
participating law enforcement agency detailing amounts for each participating law
• Create and submit signed interagency enforcement agency and emphasis type
agreements for each participating law • County mobilizations funding plan status update
enforcement agency
• Monitor interagency agreements for budget
and performance
Narrative:
Deliverables—StatewideHVEM Reporting
• Provide input to localize WTSC news releases • Description of LEA participation in Statewide
• Conduct community outreach one week prior HVEM, including list of agencies,patrol types,
and during the statewide mobilization and successes and problems encountered during
• Forward news releases and detailed HVE quarter.
campaign information to LE agency media • Community outreach report form with quarterly
contacts. report
Narrative:
Deliverables—Local Mobilizations(Flex, Reporting
Target Zero Teams, pilot, other HVEM
projects)
• Develop HVE enforcement plans quarterly • Attach HVE enforcement plans
• Develop and distribute news releases to • Attach copies/links of news releases sent to
publicize HVE Flex patrols media
• Conduct community outreach to support HVE • Attach media and community outreach report
Flex patrols form
• Develop localized media creative to support • Attach county/region law enforcement
HVE Flex patrols (required for TZT, optional participation summary
otherwise.)
Narrative:
49
Task: Participating in WTSGsponsored training and development events
Deliverables Reporting
• Attend annual TZM meeting and other Provide summary on development events,upon
development events as assigned or upon request
approval
Narrative:
StrateLies related to the Target Zero Plan
Strategy: Generate awareness and news media around Target Zero Plan priorities
Deliverables Reporting
Create unpaid media opportunities via social Describe recent results in generating news
media,web,print,radio,PSA's, and other media for local Target Zero Plan priorities
media formats Copies of news releases sent to media
Narrative:
Strategy: Publicizing data trends and Target Zero priorities based on fatality and serious
injury data
Deliverables Reporting
• Deliver traffic safety presentations to the local Number of presentations to local stakeholders
Task Force, affiliated agencies, councils,
commissions, employers, civic groups, and
other stakeholders highlighting local trends and
opportunities
Narrative:
Strategy: Coordinate enforcement, education, and engineering efforts for pedestrian safety
Deliverables Reporting
• Coordinate efforts of law enforcement, Include project status reports within
engineering targeting pedestrian safety quarterly reports
• Conduct pedestrian education campaigns in
support of enforcement/engineering efforts
Narrative:
50
Strategy: Encourage peer-delivered youth traffic safety awareness programs
Deliverables Reporting
• Educate high school administrators and student • Describe outreach efforts to
leaders on available programs and resources for administrators/student leaders and results
student led traffic safety programs
Narrative:
Strategy: Educate parents around young driver issues
Deliverables Reporting
Inform parents about young driver risk and Dates of presentations to parents on young
their roles in enforcing the elements of the driver issues
Intermediate Driver's License o Driver Training School Parent Nights
o Parent Teacher Organization meetings
(PTO/PTA)
Narrative:
Strategy: Encourage training opportunities for alcohol/drug detection and effective
prosecution
Deliverables Reporting
• Regularly communicate with local law Describe communication work within quarterly
enforcement and prosecuting agencies about reports
training opportunities such as:
o Blood Alcohol Content Training(BAC)
o Standard Field Sobriety Testing(SFST)
o Advanced Roadside Impaired Driving
Enforcement (ARIDE)
o Traffic Safety Resource Prosecutor(TSRP)
Narrative:
51
Strategy: Promote car seat technician training
Deliverables Reporting
• Recruit candidates for car seat technician Describe recruitment for car seat technical
training training and promotion efforts of inspection
• Promote local inspection stations and events events
Narrative:
Strategy: Other Target Zero Plan Strategies
Deliverables Reporting
• Promote Data Driven Approaches to Crime and • Include DDACTS status reports within
Traffic Safety (DDACTS)DDACTS quarterly reports
• Assist in the implementation of targeted • Include results of DDACTS patrols within
enforcement patrols in support of the Kent quarterly reports.
Police Department's DDACTS grant.
Narrative:
Other Duties
(Include function and measurement method)
Other Duties:Support King County Distracted Drivin Grant
Deliverables Reporting
Work with North King County TZM to develop • Include Results within quarterly reports.
HVE enforcement plans and local media in
support of the King County Distracted Driving
Grant.
Narrative:
Other Duties:Anti-Street Racing Public Awareness
Deliverables I Reporting
Assist in promotinge an anti- Street Racing • Describe efforts within the quarterly reports.
message through PSA's and literature in support
of the State Farm Grant.
Narrative:
52
Other Comments:
TZM Signature Date Project Director Signature Date
TZM Printed Name Project Director Printed Name
53
Exhibit C
FORM STATE OF WASHINGTON AGENCY USE ONLY
A19-TZM ., ', INVOICE VOUCHER AGENCY NO. Program Manager
(Rev.5/13) "'�`
1. AGENCY NAME
WTSC ONLY
Washington Traffic Safety Commission
621 81h Ave SE, Suite 409 Date
PO Box 40944
Olympia, WA 98504 Project#__________________
Approved ey-----------------
VENDOR OR CLAIMANT(Warrant is to be payable to)
Vendor's Certificate: I hereby certify under penalty of perjury that the items
and totals listed herein are proper charges for materials,merchandise or
services furnished to the State of Washington,and that all goods furnished
and/or services rendered have been provided without discrimination
because of age,sex,marital status,race,creed,color,national origin,
handicap,religion,or Vietnam era or disabled veterans status.
BY
PROJECT DIRECTOR
SWV#: Print Name
Fed ID#:
Date
Project Title: Target Zero Managers
Inclusive Dates of Claim- From: to
Submitted herewith for payment are expenditures made for services made for services performed and/or supplies and materials received
during the above period. Original documentation including time slips, invoices and vouchers are maintained with hosting agency. Ensure
duplicate copies of a time sheet summary, invoices,vouchers, etc.are attached.Invoice must be received by WTSC no later
than the 15'h of each month following the current billing cycle.
Project Budget Expenditures Claimed Cumulative Balance
This Period Expenditures to Date
Salaries and Waqes
Employee Benefits
Contractual Services
Indirect Costs
SUBTOTAL
ADJUSTED TOTAL
REF I TRANS I M I FUND I MASTER INDEX SUB I SUB I ORG I WORKCUSS I COUNTY I CITY/TOWN IPROJECI SUB I PROJ I AWUNT I INVOICE NUNUER
54
DOC CODE 0 OBJ SUB INDEX T PROJ PHAS
SITE D APPN PROGRAM OBJECT ALLOC BUDGET MCA
INDEX INDEX UNIT
ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER
55
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: June 9, 2015
TO: Public Safety Committee
SUBJECT: WTSC MOU - Distracted Driving Enforcement - Recommend
MOTION: Recommend Council authorize the Mayor to accept the Washington
Traffic Safety Commission Grant in the amount of $3,000 for the King County
distracted driving focused patrols, authorize the Mayor to sign all documents,
amend the budget, and authorize expenditure of the funds in accordance with
grant terms and conditions acceptable to the Police Chief and City Attorney.
SUMMARY: Gant funds were awarded to Kent for distracted driving focused enforcement
patrols from May 31, 2015 - June 13, 2015 (phase 1) and September 13, 2015 -
September 26, 2015 (phase 2) as coordinated by the South King County Target Zero
Manager. This grant is funded by the Washington Traffic Safety Commission as part of its
Target Zero program, whose goal is to achieve "0" serious injuries and fatalities on
Washington roadways by the year 2030. The grant funds will be used to pay police officer
overtime credited to the focused patrols.
Kent is awarded $3,000 for both phases of this project.
Exhibit: Memorandum of Understanding
Budget Impact: Unanticipated Income and Expense
ST1 LICTOLICE\PoWic Safely CmmNLLeeA201Nw0W5T5C MOU DiNaded Dnvivg Motion do=
56
ryyY 51AiyR {� 1. d fN
'P 14 P9 A.0
MEMORANDUM OFUNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and
between the Kent Police Department (Agency) and the Washington Traffic Safety
Commission (WTSC).
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE),
traffic safety emphasis patrols, in support of Target Zero priorities. The Target Zero
Managers and Law Enforcement Liaisons assigned to your county shall
coordinate the Scope of Work as outlined below:
TERM: April 1, 2015 - September 30, 2015
AMOUNTS
King County Distracted Driving Funding: $3,000.00
CFDA#:
ao. loly
These funds shall not be commingled and are only to be
utilized for the specific emphasis area.
SWV 0000552--00
(Agency) Statewide Vendor Number
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. GOAL: To reduce traffic related deaths and serious injuries by engaging in
multijurisdictional HVE patrols in the areas of cell phone distraction among drivers.
2. SCOPE OF WORK:
Distracted Driving:
Agency will engage in multijurisdictional HVE cell phone distraction-focused patrols
on some or all of the following dates:
Primary Campaigns: May 31 — June 13, 2015 and September 13 — 26, 2015;
Funds permitting (not guaranteed), the TZM may coordinate other patrols during this
MOU term. These patrols shall occur where the highest rates of cell phone use
among drivers occur in your geographic area of King County. Agency agrees to
take a zero tolerance approach to cell phone-related distraction violations.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the cell
phone distraction patrol shifts.
Page 1 of 7
57
3. CONDITIONS:
Agency will deploy highly skilled officers in coordination with other King County law
enforcement agencies and the King County Target Zero Task Force to generate the
highest amount of deterrence possible. Officers working the overtime will conduct a
minimum of three (3) self-initiated contacts per hour.
These are enforcement activities intended to apprehend cell phone distracted
drivers. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at
contact unless circumstances dictate otherwise.
All of these patrols are conducted as part of highly publicized efforts. As such,
publicity campaigns about these patrols are planned to alert the public to the fact
that extra patrols are targeting these violations. Therefore, Agency must assist
Target Zero Managers with media requests and questions.
4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law
enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime
basis (not to exceed 1.5 times their normal salary and benefits) to participate in
these emphasis patrols.
5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than
eight hours. (WTSC understands there may be instances when more than eight
hours are billed because of DUI or other arrest processing, etc.)
6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom
reimbursement is claimed has exceeded his/her normal monthly working hours when
participating in this emphasis patrol and is authorized to be paid the amount
requested. Agency understands that reserve officers are not eligible for overtime for
this project.
7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for
work on this project providing Agency has received prior approval from their local
Target Zero Manager.
8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits.
The total cost of overtime and benefits shall not be exceeded in any one campaign
area and funds may not be commingled between campaign areas.
Upon agreement by the Agency and the local Target Zero Manager, the distraction
allocation may be increased or decreased without amending this agreement
PROVIDED THAT the increase in the allocation does not exceed 50% of the original
agreed amount for the specific emphasis area. Any increase in allocation exceeding
50% will require an amendment to this document.
9. PERFORMANCE STANDARDS:
Page 2 of 7
58
a. Participating law enforcement officers are required to make a minimum of 3
self-initiated contacts per hour of enforcement.
b. Some violator contacts may result in related, time-consuming activity. This
activity is reimbursable.
c. Other activities, such as collision investigation or emergency response that
are not initiated through emphasis patrol contact WILL NOT be reimbursed.
10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (Al9-1A Form).
1) Agency identified as the "Claimant"
2) Statewide Vendor Number (bottom of Claimant box)
3) A Federal Tax ID #,
4) Original signature of the agency head, command officer or
contracting officer.
5) Other information denoted by arrows on the form
b. Payroll support documents (signed overtime slips, payroll documents, etc.).
c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour.
Emphasis Patrol Activity Logs cannot be modified.
Payment cannot be made unless these activity logs are included.
The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis
Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The
Target Zero Manager will forward these documents to WTSC for processing and
payment.
11. DEADLINES FOR CLAIMS
All claims must be approved by your Target Zero Manager, please allow
adequate time for processing in order to meet the following deadlines:
a. First Deadline: All claims for reimbursement for emphasis conducted from April
1, to June 30, must be received by WTSC no later than August 15, 2015.
b. Second Deadline: All claims for reimbursement for emphasis conducted
between July 1 and September 30 must be received by WTSC no later than
November 15, 2015.
Invoices submitted for reimbursement after the above dates, will not be paid.
WTSC will NOT accept faxed invoices.
12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel
consisting of one representative of the WTSC, one representative from Agency, and a
mutually agreed upon third party. The dispute panel shall decide the dispute by majority
vote.
Page 3 of 7
59
13. TERMINATION: Either party may terminate this agreement upon 30 days written
notice to the other party. In the event of termination of this Agreement, the terminating
party shall be liable for the performance rendered prior to the effective date of
termination.
14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project
supplant the normally budgeted funds of this agency nor do these funds pay for routine
traffic enforcement normally provided by this agency.
15. BUY AMERICA ACT: The Agency will comply with the provisions of the Buy
America Act (49 U.S.C. 53230)), which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be
purchased with Federal funds unless the Secretary of Transportation determines that
such domestic purchases would be inconsistent with the public interest, that such
materials are not reasonably available and of a satisfactory quality, or that inclusion of
domestic materials will increase the cost of the overall project contract by more than 25
percent. Clear justification for the purchase of non-domestic items must be in the form
of a waiver request submitted to and approved by the Secretary of Transportation.
16. DEBARMENT AND SUSPENSION: Instructions for Lower Tier Certification
a. By signing and submitting this proposal, the Agency (hereinafter in this section
referred to as "prospective lower tier participant') is providing the certification set
out below.
b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to
the person to which this proposal is submitted if at any time the prospective lower
tier participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
d. The terms covered transaction, debarred, suspended, ineligible, lower tier
covered transaction, participant, person, primary covered transaction, principal,
proposal, and voluntarily excluded, as used in this clause, have the meanings set
out in the Definition and Coverage sections of 49 CFR Part 29. You may contact
the person to whom this proposal is submitted for assistance in obtaining a copy
of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is proposed for
debarment under 48
f. CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
g. The prospective lower tier participant further agrees by submitting this proposal
that it will include the clause titled "Certification Regarding Debarment,
Page 4 of 7
60
Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions. (See below)
h. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not proposed
for debarment under
i. 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not
required to, check the List of Parties Excluded from Federal Procurement and
Non-procurement Programs.
j. Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render in good faith the certification required by
this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
k. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the
Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --
Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
17. FEDERAL LOBBYING: The undersigned certifies, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, 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 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.
b. 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 Federal contract,
Page 5 of 7
61
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in
the award documents for all sub-award at all tiers (including subcontracts,
subgrants, and contracts under grant, loans, and cooperative agreements) and
that all subrecipients 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. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
18. NONDISCRIMINATION: The Agency will comply with all Federal statutes and
implementing regulations relating to nondiscrimination. These include but are not limited
to:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits
discrimination on the basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683
and 1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the
Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C.
12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR
Part 27);
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which
prohibits discrimination on the basis of age;
(e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal-
aid recipients and all subrecipients to prevent discrimination and ensure
nondiscrimination in all of their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism;
(h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42
U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse
patient records;
(i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.),
relating to nondiscrimination in the sale, rental or financing of housing;
0) any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and
(k) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
In the event the Agency is in non-compliance or refuses to comply with any
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or
terminated in whole or in part, and the Agency may be declared ineligible for further
contracts with the VVTSC. The Agency shall, however, be given a reasonable time in
Page 6 of 7
62
which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
19. POLITICAL ACTIVITY (HATCH ACT): The Agency will comply with provisions of
the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees
whose principal employment activities are funded in whole or in part with Federal funds.
20. STATE LOBBYING: None of the funds under this program will be used for any
activity specifically designed to urge or influence a State or local legislator to favor or
oppose the adoption of any specific legislative proposal pending before any State or
local legislative body. Such activities include both direct and indirect (e.g., "grassroots")
lobbying activities, with one exception. This does not preclude a State official whose
salary is supported with NHTSA funds from engaging in direct communications with
State or local legislative officials, in accordance with customary State practice, even if
such communications urge legislative officials to favor or oppose the adoption of a
specific pending legislative proposal.
IN VTN HEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT,
Kent Police Department Washing on Traffic Safety
Signature Commission Signature
(Date) (Date)'
Agency Address (where fully executed copy of this document will be mailed):
Street
City, State Zip Attn:
Please return this signed MOU to your Target Zero Manager:
John Pagel
Kent Police Department TZM Appro a° cl
220 4th Avenue South Date 3- " S
Kent, WA 98032 Initial
Target Zero Manager will process and forward this signed document to WTSC
Page 7 of 7
63
LAW DEPARTMENT
\ � Tom Brubaker, City Attorney
v KtNT Phone: 253-856-5770
. . ..... Fax: 253-856-6770
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Massage and Reflexology Services Ordinance— Recommend
MOTION: Recommend Council adopt an Ordinance amending Title 9 of the Kent
City Code entitled "Public Safety," by adding a new Chapter 9.04, entitled
"Massage and Reflexology Services," and amending Chapter 5.01, entitled
"General Business Licenses," by adding a new section 5.01.135, entitled
"Massage or reflexology businesses — Conviction for prostitution or fraud related
activity — Conviction for violation of Chapter 9.04 KCC — Denial or revocation of
business license."
SUMMARY: Licensed massage practitioners and reflexologists play an important role in
the health and wellbeing of our community. While massage therapists and reflexologists
must obtain a state license to practice, Washington State engages in little regulation of
massage parlors themselves. In Kent, as in most other Washington jurisdictions,
massage parlors have opened to provide massage and reflexology by non-licensed
practitioners. There is no way to ensure that the practitioners providing these services
comply with the health and safety requirements of state law. Moreover, these businesses
are, on occasion, engaged in criminal activity such as prostitution. The Kent Police
Department has investigated some of the unlicensed businesses, and has established
probable cause to file criminal charges. However, these investigations are very time
consuming and resource intensive. In addition, there have been circumstances in which
businesses employing non-licensed massage and reflexology practitioners have been
charged with a criminal offense, and later reopen to provide the same services under a
different name. These illegitimate service providers threaten the reputation of licensed
massage practitioners, and threaten the public health, safety and welfare. Requiring all
massage and reflexology providers to be licensed under state law, and requiring all
practitioners and business owners to be responsible for proper state licensing will reduce
the incidence of criminal activity, will protect the reputation of properly licensed providers,
and will protect the public health, safety and welfare.
Exhibit: Ordinance
Budget Impact: None
S T1 LICTOLICE1PoWic Safely Co=de02015VmMOrok—Am®NvgKCC 9.04.doc
64
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 9 of the
Kent City Code entitled "Public Safety," by adding a
new Chapter 9.04, entitled "Massage and
Reflexology Services," and amending Chapter 5.01,
entitled "General Business Licenses," by adding a
new section 5.01.135, entitled "Massage or
reflexology businesses — Conviction for prostitution
or fraud related activity — Conviction for violation of
Chapter 9.04 KCC — Denial or revocation of
business license."
RECITALS
A. Licensed massage practitioners and reflexologists play an
important role in the health and wellbeing of our community.
B. While massage therapists and reflexologists must obtain a
state license to practice, Washington State engages in little regulation of
massage parlors themselves.
C. In Kent, as in most other Washington jurisdictions, massage
parlors have opened to provide massage and reflexology by non-licensed
practitioners. There is no way to ensure that the practitioners providing
65
these services comply with the health and safety requirements of state
law.
D. Moreover, these businesses are, on occasion, engaged in
criminal activity such as prostitution. The Kent Police Department has
investigated some of the unlicensed businesses, and has established
probable cause to file criminal charges. However, these investigations are
very time consuming and resource intensive. In addition, there have
been circumstances in which businesses employing non-licensed massage
and reflexology practitioners have been charged with a criminal offense,
and later reopen to provide the same services under a different name.
E. These illegitimate service providers threaten the reputation of
licensed massage practitioners, and threaten the public health, safety and
welfare.
F. Requiring all massage and reflexology providers to be licensed
under state law, and requiring all practitioners and business owners to be
responsible for proper state licensing will reduce the incidence of criminal
activity, will protect the reputation of properly licensed providers, and will
protect the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, - Amendment. Title 9 of the Kent City code, entitled
"Public Safety," is amended by adding a new chapter 9.04 entitled
"Massage and Reflexology Services," as follows:
66
Sec. 9.04.010. Purpose. The Kent City Council recognizes the
health and wellness benefits of massage and reflexology, and that
massage and reflexology businesses in the city of Kent serve a legitimate
and beneficial purpose in the community. The Council also recognizes that
there are some businesses that hold themselves out as massage or
reflexology businesses, but employ unlicensed persons to provide massage
and uncertified persons to provide reflexology who fail to follow state
health and licensing requirements, and do not have the proper training
required to obtain a state license or certification. In addition, these
businesses that employ unlicensed or uncertified persons to provide
massage and reflexology can be used to facilitate the commission of
various criminal acts, including but not limited to prostitution. These
businesses that permit unlicensed or uncertified persons to perform
massage and reflexology or permit the commission of unlawful acts
threaten the business and reputation of legitimate and licensed businesses
and practitioners, and present a threat to the public health, safety, and
welfare. This chapter is intended to inhibit the ability of an individual or
businesses to engage in the practice of providing unlicensed massage and
reflexology, and support the legitimate provision of these services by
licensed massage practitioners and reflexologists.
Sec. 9.04.020. Definitions. For purposes of this chapter, the
terms and phrases below shall have the meanings that follow:
A. "Advertise" includes, but is not limited to, signs located at a
massage business or reflexology business; signs located in places other
than at a massage business or reflexology business; advertisements on
vehicles; advertisements in paper media such as newspapers, magazines,
fliers, cards or business cards; or advertisements in electronic media such
67
as internet websites, social media, electronic classified advertisements,
cell phone applications, and television or radio advertisements.
B. "Certified reflexologist," "massage business," "massage," "massage
practitioner," "massage therapy," "reflexology," and "reflexology business"
shall have the meanings set forth in RCW 18.108.010.
C. "Gross misdemeanor' and "misdemeanor' shall have the same
meaning as set forth in Kent City Code 9.02.410 as now enacted or
hereafter amended or recodified.
D. "License," "certificate" and "certification" mean a license, certificate
or certification issued pursuant to chapter 18.108 RCW.
E. "Conspicuously display" shall mean the display of licenses and
certificates in a manner that can be viewed and read by a person
immediately upon entry into the initial common area of a massage
business or reflexology business without having to request to see the
license or certification.
F. "Reflexologist" means a person who practices reflexology.
G. "Represent himself or herself as a massage practitioner' shall have
the same meaning as set forth in RCW 18.108.030(1)(b).
H. "Represent himself or herself as a reflexologist" shall have the same
meaning as set forth in RCW 18.108.030(2)(b).
Sec. 9.04.030. References to Revised Code of Washington.
References in this chapter to chapter 18.108 RCW or a specific section of
68
chapter 18.108 RCW shall include the chapter and sections as currently
enacted and as amended or recodified in the future.
Sec. 9.04.040. Owner, director, manager — Proof.
A. For purposes of this chapter, whether a person is an owner,
director, manager, or other person in charge of a massage business or
reflexology business may be established from evidence such as, but not
limited to:
1. The person holds himself or herself out as an owner, director,
manager, or some other like title evidencing control over business
decisions;
2. The person is responsible for the general business decisions
of the business;
3. The person is considered by those who provide massage or
reflexology services as an owner, director, manager, or other person in
charge;
4. The person is in control or partial control of when, how, or
how much those who provide massage or reflexology services work or are
paid, or whether those who provide massage or reflexology services are
employees or contractors retained to provide services on behalf of the
business;
5. The person is listed as a registered agent of the business;
6. The person is listed as a "governing people" by the
Washington State Business Licensing Service;
7. The person is an applicant or is listed as an owner on a city or
state business license or license application;
69
8. The person receives income from the business that is
dependent on revenue generated by another person providing massage or
reflexology services on behalf of or at the business;
9. The person has signed a lease or rental agreement for
property at which the business is operated or is responsible for lease or
rent payments;
10. The person has signed for a loan on behalf of the massage or
reflexology business;
11. The person is financially responsible for the massage business
or reflexology business utilities or services such as water, electricity,
garbage, sewer, telephone, internet, cable television, security, cleaning,
maintenance or accounting;
12. The person pays taxes on behalf of the business; or
13. The person is responsible for ensuring the business is
properly supplied with resources necessary to carry out the work of the
business or maintain the business.
B. The presence of any of the circumstances described in
subsection A shall be sufficient to establish that a person is the owner,
director, manager, or other person in charge of a massage business or
reflexology business. The circumstances described in subsection A are not
exclusive and other evidence may demonstrate a person is an owner,
director, manager, or other person in charge of a massage business or
reflexology business.
Sec. 9.04.050. Exemptions — Limitations — Name or structure
of business.
A. The this chapter shall not apply to the following:
70
1. Activities set forth in RCW 18.108.050 when performed as
provided in that statute; or
2. Massage or reflexology that is not provided in exchange for a
fee, property or other consideration.
B. The exemptions set forth in subsection A shall not apply to any
person who practices or represents himself or herself as a massage
practitioner or who practices reflexology or represents himself or herself
as a reflexologist and who advertises for the massage or reflexology
services, to any business that advertises for massage or reflexology
services, or to any person who provides massage or reflexology services
at a business that advertises for such services.
C. The exemptions set forth in subsection A shall not apply to
any person who obtains massage or reflexology services from a person
who advertises for the massage or reflexology services, from a business
that advertises for massage or reflexology services, or from any person
who provides massage or reflexology services at a business that
advertises for such services.
D. The fact that a person or business that provides massage or
reflexology services describes or advertises such services by a name other
than massage or reflexology shall not exempt that person or business
from this chapter.
E. In the event the services provided fall within the definition of
massage or reflexology, the manner in which a business is incorporated or
structured shall be of no consequence in determining if a business
provides massage or reflexology services.
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F. A club or cooperative arrangement in which a person pays a
fee to become a member of the club or cooperative, and as a result of
such membership, he or she obtains massage or reflexology services, shall
be considered a massage business or reflexology business.
Sec. 9.04.060. Inspections.
A. Law enforcement personnel shall have the authority to inspect the
premises of any massage business or reflexology business in order to
ensure:
1. Compliance with the requirement that licenses and
certifications are conspicuously displayed and valid;
2. That those providing massage or reflexology services are
validly licensed and of proper age; and
3. Compliance with the advertising requirements of KCC
9.04.120.
B. Inspections shall be limited to times when the massage or
reflexology business is open.
C. Inspections shall be limited to the common areas of the massage or
reflexology business. This section shall not authorize entry or inspection
of rooms in which massage or reflexology is provided and which are
separated from the common area of the massage business or reflexology
business absent consent, a warrant, or other lawful basis.
D. This section shall not be interpreted as limiting the use by law
enforcement of any lawful investigatory techniques.
Sec. 9.04.070. Massage practitioner or reflexologist —
License or certificate required — Violation.
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A. It shall be unlawful for any person to practice massage, or
represent himself or herself as a massage practitioner in the city of Kent
without a valid and current massage practitioner's license.
B. It shall be unlawful for any person to practice reflexology or
represent himself or herself as a reflexologist in the city of Kent without a
valid and current massage practitioner's license or certificate in
reflexology.
C. An unissued license or certificate, or an expired, revoked, or
suspended license or certificate, shall not be considered a valid license or
certificate.
Sec. 9.04.080. Massage practitioner or reflexologist —
Owner, director, manager, or other person in charge to ensure
valid license or certificate — Violation.
A. It shall be the responsibility of any owner, director, manager, or
other person in charge of a massage business or reflexology business in
the city of Kent to ensure that each person who practices massage, or
represents himself or herself as a massage practitioner, is validly and
currently licensed, and to ensure that each person who practices
reflexology or represents himself or herself as a reflexologist is validly and
currently licensed as a massage practitioner or certified as a reflexologist.
B. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to
facilitate or, with knowledge or criminal negligence, permit a person who
does not have a valid and current massage practitioner's license to
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practice massage or represent himself or herself as a massage
practitioner.
C. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to
facilitate or, with knowledge or criminal negligence, permit a person who
does not have a valid and current massage practitioners license or who is
not a certified reflexologist to practice reflexology or represent himself or
herself as a reflexologist.
D. A person with an unissued license or certificate, or whose license or
certificate is expired, revoked, or suspended, shall not be considered
validly licensed or certified.
E. For the purposes of this section, the failure of the owner, director,
manager, or other person in charge of a massage business or reflexology
business to confirm the validity of a massage license or reflexology
certificate through the Washington Department of Health shall constitute
criminal negligence.
Sec. 9.04.090. Display of massage practitioner or
reflexologist license or certificate required — Violation.
A. At any massage business or reflexology business, a copy of the
valid and current license of each person who practices massage or
represents himself or herself as a massage practitioner at or on behalf of
the massage business or reflexology business, and the valid and current
massage practitioner's license or reflexology certificate of each person who
practices reflexology or represents himself or herself as a reflexologist at
or on behalf of the massage business or reflexology business, shall be
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conspicuously displayed and shall be made available to persons receiving
massage or reflexology services or to law enforcement for inspection upon
request.
B. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to fail to
conspicuously display the valid and current massage practitioner's license
of each person who practices massage or represents himself or herself as
a massage practitioner at or on behalf of the massage business or
reflexology business.
C. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to fail to
conspicuously display the valid and current massage practitioner's license
or certificate to practice reflexology of each person who practices
reflexology or represents himself or herself as a reflexologist at or on
behalf of the massage business or reflexology business.
D. Each person who practices massage or represents himself or herself
as a massage practitioner, and each person who practices reflexology or
represents himself or herself as a reflexologist shall have his or her valid
and current license or certificate at each location in which he or she
practices massage or represents himself or herself as a massage
practitioner, and at each location in which he or she practices reflexology
or represents himself or herself as a reflexologist, and the valid and
current license or certificate shall be provided to the person receiving the
massage or reflexology service or to law enforcement for inspection upon
request.
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E. It shall be unlawful for any person who practices massage or
represents himself or herself as a massage practitioner, to fail to have his
or her valid and current massage practitioner's license at each location in
which massage services are provided, or display his or her valid and
current license to the person receiving the massage service or to law
enforcement for inspection when requested.
F. It shall be unlawful for each person who practices reflexology or
represents himself or herself as a reflexologist, to fail to have his or her
valid and current massage practitioner's license or reflexology certificate
at each location in which reflexology services are provided, or display his
or her valid and current license or certificate to the person receiving the
reflexology service or to law enforcement for inspection when requested.
G. It shall be unlawful for any person to present or conspicuously
display an expired, altered, fake or fraudulently obtained license,
certificate or certification. It shall be unlawful for an owner, director,
manager or other person in charge of a massage business or reflexology
business to facilitate or permit another to present or conspicuously display
an expired, altered, fake or fraudulently obtained license, certificate or
certification.
Sec. 9.04.100. Receipt of massage or reflexology services
from unlicensed massage practitioner or reflexologist - Unlawful.
A. It shall be unlawful for any person to receive massage services from
another whom the recipient knows, or reasonably should know, is not
validly or currently licensed to provide massage services. It shall be
unlawful for any person to receive reflexology services from another whom
the recipient knows, or reasonably should know, is not validly or currently
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licensed as a massage practitioner or certified to provide reflexology
services.
B. It shall be an affirmative defense to a violation of this section that
the person receiving the massage or reflexology services inquired of the
license or certification status of the person providing the services and was
provided a document purporting to be a valid and current license of the
massage practitioner or valid and current certificate of the reflexologist.
Sec. 9.04.110. Minors practicing massage or reflexology -
Responsibility of owner, director, manager or other person in
charge — Receipt of massage or reflexology services from minor
unlawful.
A. It shall be the responsibility of the owner, director, manager, or
other person in charge of a massage business or reflexology business to
verify that each person who provides massage or reflexology services has
attained the age of 18. It shall be unlawful for any owner, director,
manager, or other person in charge of a massage business or reflexology
business to permit or facilitate the provision of massage or reflexology
services by a person who has not reached the age of 18.
B. It shall be unlawful for any person to receive massage or
reflexology services from another whom the recipient knows, or
reasonably should know, has not reached the age of 18. It shall be an
affirmative defense to a violation of this section that the person receiving
the massage or reflexology services inquired of the age of the person
providing the services and was provided a document purporting to be a
valid and current license of the massage practitioner or valid and current
certificate of the reflexologist.
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Sec. 9.04.120. Advertising. It shall be unlawful to advertise the
practice of massage or practice of reflexology except in accordance with
RCW 18.108.040.
Sec. 9.04.130. Violations - Penalty.
A. The first violation of any provision of this chapter shall constitute a
misdemeanor.
B. Each subsequent violation of this chapter, whether alleged in the
same prosecution as the first violation or in subsequent prosecutions, shall
constitute a gross misdemeanor.
SECTION 2. - Amendment. Chapter 5.01 of the Kent City Code,
entitled "General Business License," is hereby amended by adding a new
section 5.01.135 entitled, "Massage or reflexology businesses — Conviction
for prostitution or fraud related activity — Conviction for violation of
Chapter 9.04 KCC — Denial or revocation of business license."
Sec. 5.01.135. Massage or reflexology businesses -
Conviction for prostitution or fraud related activity — Conviction for
violation of Chapter 9.04 KCC - Denial or revocation of business
license.
A. No person convicted of an offense under Chapter 9A.88 RCW or a
similar law of another state, and no person convicted of an offense under
Chapter 9A.60 RCW or a similar law of another state when such violation
of Chapter 9A.60 RCW or similar law of another state is related to the
operation of a massage business or reflexology business, shall be
78
authorized or entitled to obtain a city of Kent business license for a
massage business or reflexology business.
B. The issuance of a business license for a massage business or
reflexology business to a person previously convicted of an offense
described in subsection A shall be null and void.
C. In the event a person who has obtained a city of Kent business
license for a massage business or reflexology business is thereafter
convicted of an offense described in subsection A, such business license
may be revoked in accordance with KCC 5.01.150. Revocation may occur
regardless of the jurisdiction or location in which the violation of the
offense occurs. The bases for revocation of the business license pursuant
to this section shall be in addition to the grounds for revocation provided
in KCC 5.01.130.
D. For a two year period following conviction, a business license
application for the operation of a massage business or reflexology
business may be denied in accordance with this chapter to any licensee
convicted of an offense under Chapter 9.04 KCC. The bases for denial of
the business license pursuant to this section shall be in addition to the
grounds for revocation provided in KCC 5.01.130.
E. A business license for the operation of a massage business or
reflexology business may be revoked in accordance with this chapter to
any licensee convicted of an offense under Chapter 9.04 KCC. The bases
for revocation of the business license pursuant to this section shall be in
addition to the grounds for revocation provided in KCC 5.01.130.
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F. For the purposes of this section, the terms "massage," "massage
business," reflexology," and "reflexology business" shall have the
meanings set forth in RCW 18.108.010 as now enacted or hereafter
amended or recodified.
SECTION 3, — Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
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, — 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
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
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TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12015.
APPROVED: day of 12015.
PUBLISHED: day of , 2015.
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
FIAQvllA0,J,n,o[6A9.04 Mssszgo no Rod-olo9Y.Lo-
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WISH IN oro x Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Text? Talk? Ticket! — Information Only
Information Only
SUMMARY: John Pagel, Community Education Coordinator, will present information
regarding enforcement of using a cell phone while driving in King County.
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83
POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WISH IN oro x Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Fireworks — Information Only
Information Only
SUMMARY: Assistant Chief Kammerzell will be presenting information regarding
fireworks.
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WISH IN oro x Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Flashing School Zone Speed Signs — Information Only
Information Only
SUMMARY: Chief Ken Thomas will present information regarding flashing school zone
speed signs.
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WISH IN oro x Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: June 9, 2015
TO: Public Safety Committee
SUBJECT: Police Chiefs Update — Information Only
Information Only
SUMMARY: Chief Ken Thomas will present information regarding:
1. Hiring update for police personnel
2. School Zone Traffic Safety Camera Program Budget Update