PRHSPSC PKT 09-13-2011City of Federal Way
City Council
Parks, Recreation, Human Services & Public
September 13, 2011
5:30 p.m.
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Action
Council
Topic Title/ Description
Presenter
Page
or Info
Date
A. Approval of Minutes: July 12, 2011
3
Action
N/A
B. 2011 Emergency Management Performance Grant Award
Gross
5
Action
g risen
0/11
C. First Amendment to the Thundering Oak Enterprises
Ikerd
31
Action
g risen
0/11
Agreement
D. Consolidation Plan
Enge
33
Information
NA
E. School Resource Officer Contract
Wilson
35
Action
g risen
0/11
F. MOA between FWPD and Homeland Security, allowing
Wilson
47
Action
Consent
permission to utilize certain Federal Way Police radio
9/20/11
frequencies on a limited basis for emergency preparedness
G. DEA - State and Local HIDTA Task Force Agreement
Wilson
53
Information
NA
H. Create FWRC 6.40.025 of the Federal Way Revised Code
Pearsall
61
Action
First
ir t Readiing
Regarding Identity Theft
I. Amend Sections of the Federal Way Revised Code to comply
Pearsall
65
Action
First Reading
with Senate Bill 5168.
9/20/2011
5. PENDING ITEMS
• Festivals
• Concept of Housing in South King County
6. NEXT MEETING: Tuesday, October 11, 2011 5:30pm — Hylebos Conference Room
7. ADJOURNMENT
Committee Members City staff
Jeanne Burbidge, Chair Cary M. Roe, P. E., Director of Parks, Public Works and Emergency Management
Roger Freeman Mary Jaenicke, Administrative Assistant II
Mike Park
City of Federal Way
City Council
PARKS RECREATION HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, July 12, 2011
5:30 p.m.
SUMMARY
Committee Members in Attendance: Committee Chair Jeanne Burbidge, Council member Mike Park, and
Council member Roger Freeman.
Council Members in Attendance: Council member Linda Kochmar
Staff Members in Attendance: Pat Richardson, City Attorney, Bryant Enge, Administrative Services Director,
Brian Wilson, Chief of Police, Cary Roe, Director Parks & Public Works, and Mary Jaenicke, Administrative
Assistant II.
Guest: Susan Honda
Chair Burbidge called the meeting to order at 5:30p.m.
Council member Freeman moved to amend the agenda and add Amend the City of Federal Way's 2011 CDBG
Annual Plan to the agenda as item A. Council member Park seconded. Motion passed.
Public Comment: Ms. Honda requested that next week's City Council special meeting be televised so that people
can watch it from home.
Commission Comment: Ms. Honda stated that the Diversity Commission held a retreat and there were a lot of
ideas generated from this retreat. The Diversity Commission will have a booth at the King County Library Diversity
Fair. The Arts Commission held a contest to name the new piece of artwork at the Dumas Bay Centre. There were
70 submissions. The Artist chose the winning name. The name will be revealed at a reception that will be held on
July 25 at the Dumas Bay Centre
APPROVAL OF SUMMARY
Council member Park moved to approve the April meeting summary. Council member Burbidge seconded.
Council member Freeman abstained. Motion passed.
BUSINESS ITEMS
Amend the City of Federal Way's 2011 CDBG Annual Plan
Administrative Services Director Enge reported that Congress reduced the 2011 CDBG funding by 16.4%. The
contingency plan stated that if there was an increase or decrease in funds it would be applied to the Federal Way
Emergency Services Project. This reduction would nearly eliminate the HealthPoint Dental Program. Staff met with
the Human Services Commission, and the recommendation was to make a pro rata cut. The budget cuts would be
applied proportionately among the CDBG programs. The second piece involves the Capital Plan. There were two
projects that had a building component to them. These projects cannot move forward because they were not able to
get permits and/or acquire the property. The money will be coming back to the City. That money will be placed in
the contingency fund and reallocated in 2012. They would like to take $9,800 of the returned funds and apply it to
the Highline Community College Microenterprise Development program. This $9,800 represents the 16.4%
reduction that was applied to this program. Council member Park moved to forward staffs recommendation to
amend the City's Preliminary 2011 CDBG Plan to the August 2, 2011 consent agenda for approval. Council
member Freeman seconded. Motion passed.
Amend Federal Way Revise Code Chapter 2.05,Article III Regarding Public Defense Standards
Administrative Services Director Enge reported that the current code provides Public Defense standards in terms of
caseloads. This is not an arbitrary number. When establishing their caseloads Public Defenders need to take into
account the current types of cases that are being considered. They do not want the Public Defenders to focus on
their private or other cases. When they are considering their caseload they need to take into consideration the
caseload with the city. City Attorney Richardson added that this ensures that the amount of resources that are going
for prosecution will be as equal as possible for the Public Defense. Council member Roger Freeman moved to
3
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday July 12, 2011 Summary
Page 2
forward the proposed Ordinance to First Reading on July 19, 2011. Council member Park seconded. Motion
passed.
Sitelines Park & Playground Products Retainage Release
Director Roe presented. The playground has been installed, and the project is complete. Staff is requesting to
release the retainage and closeout the project. There was no discussion. Council member Park moved to forward
to full Council on July 19'h for approval and accept the project as complete and authorize staff to release
Retainage in the amount of $2,478.11 to KCDA. Council member Freeman seconded. Motion passed.
Allplay Systems Retaiage Release
Director Roe presented. The playground has been installed, and the project is complete. Staff is requesting to
release the retainage and closeout the project. There was no discussion. Council member Park moved to forward
to full Council on July 19`h for approval and accept the project as complete and authorize staff to release
Retainage in the amount of $2,589.01. Council member Freeman seconded. Motion passed.
First Amendment to the MacDonald -Miller Energy Performance Agreement
Director Roe presented. The city entered into an agreement in November 2010 to replace a portion of the HVAC
system. This included new direct digital controls. There are 78 heating and cooling zones in city Hall that are
controlled by variable air volume boxes (VAV) Through the installation process it was discovered that there are 24
(VAV) boxes that are in need of repair. Each of the VAV boxes have a proprietary Staefa controller card, which is
being discontinued. Nine of the 24 VAV boxes in need of repairs have Staefa controllers that have failed. Staff is
recommending replacing 15 Staefa cards with a LON controller. The 15 removed Staefa cards will be kept in
inventory to use as spare parts for any future failures. There are 2 requests: 1) Repair the 24 VAV boxes, 2)
Replace 15 Staefa controller cards with LON controllers. The total amount of the amendment is $39,525.00.
Funding will come from the City Hall replacement reserves account. Council member Park stated that MacDonald -
Miller had evaluated the entire facility. Why wasn't this detected at that time? Director Roe answered that the
scope of the project was to replace the units and affect the energy savings associated with the better efficiency units.
They did not investigate all 78 VAV boxes. When the new controls were in place, it was discovered that some of
the controls were not communicating with the VAV boxes. It would have been impossible to know in advance that
the VAV boxes were not working with the new controls because they had not been in place yet. Council member
Freeman moved to forward the authorization of a first amendment to the MacDonald -Miller Performance
Agreement and to use building reserve funds to pay for repairs in the amount of $39,525.00, and authorize
the Mayor to move said authorization to the full Council July 19, 2011 consent agenda for approval. Council
member Park seconded. Motion passed.
Amend FWRC 6.35.030 of the Federal Way Revised Code Regarding Aggressive Begging
City Attorney Richardson reported that the city's aggressive begging ordinance was appealed, and the Judge ruled
that parts of it were unconstitutional because it was focusing on the aggressive begging aspect which is a protected
first amendment right. The focus is now on the intent to intimidate and impede pedestrian and vehicular traffic.
This ordinance is modeled after the City of Seattle's Pedestrian Interference ordinance, which has been upheld as
constitutional. CouncilmemberPark moved to forward the proposed ordinance to First Reading on July 19,
2011 City Council meeting. Council member Freeman seconded. Motion passed.
Other - Council member Kochmar thanked the Police Department for apprehending some thieves that were in her
neighborhood.
NEXT MEETING -August 12, 2011.
ADJOURNMENT Meeting adjourned at 6:10p.m.
Council member Burbidge reconvened the meeting at 6:13 to discuss the possibility of canceling the August 9, 2011
meeting. Council member Freeman will be out of town. Director Roe stated that Administrative Assistant Jaenicke
will send out an email to see if staff will have any time sensitive items for the August meeting. Police Chief Wilson
stated that he may have one item for the August meeting. Chair Burbidge suggested bringing this item to the
FEDRAC meeting.
ADJOURNMENT -Meeting adjourned at 6:17p.m.
J:\PRHSPS\201 I\Admin\201 lUuly prhsps min.doc 4
COUNCIL MEETING DATE: September 20"', 2011 ITEM #
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2011 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD
POLICY QUESTION:
Should the City of Federal Way accept the 2011 Emergency Management Performance Grant award to help
fund the Emergency Management Specialist position and the mass notification system CodeRed?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC MEETING DATE: September 13th,
SAFETY COMMITTEE 2011
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
DEPT: Public Works
STAFF REPORT BY: Ray Gross, Duty Emergence Manager -----
Attachments:
Memorandum
2011 Emergency Management Performance Grant (EMPG) Award contract
Options Considered:
Option 1. Accept the 2011 Emergency Management Performance Grant Award.
Option 2. Do not accept the 2011 Emergency Management Performance Grant award and
provide direction to staff.
MAYOR'S RECOMMENDATION: Approval of Option 1, to accept the 2011 Emergency Management
Performance Grant Award.
MAYOR APPROVAL: DIRECTOR APPROVAL:
Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the 2011 Emergency Management Performance Grant
award to the September 20`h City Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of accepting the 2011 Federal Emergency Management
Performance Grant award "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
El APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: August 25`x, 2011
TO: Parr, Recreation, Human Services, and Public Safety C:d}nunittee
VIA: Cary M. 'Roe, P.E., Director of Parks, Public Works, and Emergency Management 00�_
FROM: Ray Gross, C.E.M., Deputy Emergency Manager
SUBJECT: Emergency Management Performance Grant (EMPG) Award
BACKGROUND:
The City of Federal Way Emergency Management Division has applied for the 2011 Emergency
Management Performance Grant (EMPG). The purpose of the EMPG is to assist with the
enhancement and sustainment of emergency management programs. Activities conducted using
EMPG funding should relate directly to the four elements of all -hazards emergency
management: response, recovery, mitigation and preparedness. Washington State Emergency
Management Division passes -through federal funding to eligible local emergency management
agencies.
The EMPG program requires a 50% match from the local jurisdiction and the total award amount
is based on the local Emergency Management Agency's operating budget. The City of Federal
Way has been awarded $37,072 and has $37,072 in matching funds. The performance period of
the 2011 EMPG is from October 1, 2010 through June 30, 2012.
The City of Federal Way Emergency Management Division would like to use the awarded
EMPG funds along with carry forward monies as the local jurisdiction match, to help continue
funding of the Emergency Management Specialist position in the year 2011 and 2012. Funding
this position is vital to keeping the Community Emergency Response Team training and the
Neighborhood Emergency Team program at current levels of performance. EMPG funds would
also be used to help continue funding of the mass notification system CodeRed.
cc: Project File
Day File
Washington State Military Department
uneeGt Atin cr=rr IPITV rRANT Ar.RFFMFNT FACE SHEET
1. Sub -grantee Name and Address.
2 Grant Agreement Amount:
3. Grant Agreement Number:
City of Federal Way
33325 8th Avenue South
$37,072
E12-068
Federal Way, WA 98063-9718
4. Sub -grantee Contact, phone number:
5. Grant Agreement Start Date:
6. Grant Agreement End Date:
Ray Gross, (253) 835-2712
October 1, 2010
June 30, 2012
7. Department Program Manager, phone number:
8. Data Universal Numbering System
9. UBI # (state revenue):
Charma Anderson, (253) 512-7064
(DUNsy 61-250-9901
601-223-538
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Source
12. Department
13. Catalog of Federal Domestic Assistance
14. TIN:
Agreement #:
Funding Code (PI):
(CFDA) # & Title:
91-1462550
2011 -EP -00-0001
713PT
97.042 EMPG
15. Service Districts:
16. Service Area by County(ies):
17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 30
King
Certified?: X N/A ❑ NO
❑ #
(BY CONGRESSIONAL DISTRICT): 9
YES, OMWBE
18. Agreement Classification
19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't
❑ Contract X Grant X Agreement
39.34) ❑ Interagency
❑ Collaborative Research ❑ A/E ❑ Other
❑ Intergovernmental (RCW
20. Sub -Grantee Selection Process:
21. Sub -Grantee Type (check all that apply)
X "To all who apply & qualify" ❑ Competitive Bidding
❑ Private Organization/Individual ❑ For -Profit
❑ Sole Source ❑ A/E RCW ❑ N/A
X Public Organization/Jurisdiction X Non -Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ONO
❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to
local jurisdictions and tribes with emergency management programs to support and enhance those programs as
described in the Work Plan.
IN WITNESS WHEREOF, the Department and Sub -Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and
Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature Date Signature Date
James M. Mullen, Director Cary M. Roe
Emergency Management Division Director of Parks, Public Works & Emergency Management
Washington State Military Department
APPROVED AS TO FORM (if applicable):
APPROVED AS TO FORM:
Brian E. Buchholz, (Signature on file) 7/25/2011 Applicant's Legal Review Date
Assistant Attorney General
Form 10/27/00 kdb
DHS-FEMA-EMPG-FFY 11 Page 1 of 23 City of Federal WayaContractor Name»
E12-068
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I -- KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
SUB -GRANTEE
MILITARY DEPARTMENT
Name
Cary M. Roe P.E
Name
Charma Anderson
Title
Director
Title
EMPG Program Manager
E -Mail
cary.roe@cityoffederalway.com
E -Mail
c.anderson@emd.wa.gov
Phone
(253) 835-2701
Phone
(253)512-7064
Name
Ray Gross C.E.M.
Name
Sierra Wardell
Title
Deputy Manager
Title
EMPG Program Coordinator
E -Mail
ray.gross@cityoffederalway.com
E -Mail
s.wardell emd.wa. ov
Phone
253-835-2712
Phone
253) 512-7121
Name
Name
Deborah Henderson
Title
Title
EMPG Program Assistant
E -Mail
E -Mail
d.henderson@emd.wa.gov
Phone
Phone
253) 512-7470
ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub -grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR -Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations (formerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for
Non -Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of
States, Local Governments and Non -Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non -Federal sources. The Sub -grantee, upon written request by the
Department, DHS _ or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non -Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
DHS-FEMA-EMPG-FFY 11 Page 2 of 23 City of Federal Way«Contractor Name))
E12-068
existing program agreements. Non-governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub -grantee shall comply with all applicable federal laws, regulations and guidance
referenced in the "Fiscal Year 2011 EMPG Program Guidance and Application Kit,
Section I — Application and Review Information May 2011" and the "Fiscal Year 2011
GPD Preparedness Grant Programs Guidance and Application Kit, Section II -- Award
Administrative Information May 2011 ", which can be found at
http://www.fema.gov/government/grant/empg/ and are hereby incorporated in and made
a part of this Agreement.
6. The Sub -grantee shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law
109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101
note) and Attachment #1 attached to and made a part of this Agreement.
ARTICLE III — REIMBURSEMENT/INVOICING PROCEDURES
1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub -contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http://www.gsa.gov without prior written
approval by Department key personnel. Receipts and/or backup documentation for any
approved budget line items including travel related expenses that are authorized under this
Grant Agreement must be maintained by the Sub -grantee and be made available upon
request by the Department, and local, state, or federal auditors.
2. Receipts and/or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub -grantee and be made available upon request by the Department, and local, state,
or federal auditors.
3. The Sub -grantee will submit reimbursement requests to the Department by submitting an
A-19 Invoice form and a completed reimbursement spreadsheet (in the format provided by
the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department's key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be submitted
at least bi-annually.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub -grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub -grantee's
authorized representative that states "ail items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements".
7. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Milestone Timeline and the
Work Plan) will prohibit the Sub -grantee from being reimbursed until such complete reports
DHS-FEMA-EMPG-FFY 11 Page 3 of 23 City of Federal Way«Contractor_Name»
E12-068
and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if Sub -grantee is not
current with all reporting requirements contained in this Agreement.
ARTICLE IV — REPORTING REQUIREMENTS
1. The Sub -grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub -grantee shall
submit to the Department's key personnel a final report describing all completed -activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle's Work Plan.
ARTICLE V — EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub -grantee or a contractor, will
be recorded and maintained in the Sub -grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub -grantee, or a recognized sub -
recipient for which a contract, sub -Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub -grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub -grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub -grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub -grantee for period of six years from
the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub -grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub -grantee shall take a physical inventory of the equipment and reconcile the results
with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Sub -grantee to determine the cause of the difference. The Sub -grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub -grantee shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage or theft shall be investigated
and a report generated and sent to the Department.
7. If the Sub -grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
DHS-FEMA-EMPG-FFY 11 Page 4 of 23 City of Federal Way«Contractor_Name»
E12-068
10
a. Items of equipment with a current per-unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub -grantee with no further obligation to
the awarding agency.
b. Items of equipment with a current per-unit fair market value of more than $5,000 may
be retained or sold and the Sub -grantee shall compensate the Federal -sponsoring
agency for its share.
9. As recipient of federal funds the Sub -grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub -contractors,
consultants, and sub -grantees who receive pass-through funding from this Grant
Agreement.
ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub -grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located on
pages 31-32 of the "Fiscal Year 2011 EMPG Program Guidance and Application Kit,
Section I — Application and Review Information May 2011" and on pages 11-12 of the
"GPD Preparedness Grant Programs Guidance and Application Kit, Section II --
Award Administrative Information May 2011" both of which are located at FEMA: FY
2011 Emergency Management Performance Grants (EMPG) Program or
http://www.fema.gov/government/grant/empg/.
2. The Sub -grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub -grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review. If
potential impact is identified, EHP review is required prior to project implementation.
Projects implemented prior to receiving EHP approval from FEMA risk de -obligation of
funds.
ARTICLE VII — PROCUREMENT
The Sub -grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub -grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub -grantee's sub -contractors, at
which point the Sub -grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII — SUB -GRANTEE MONITORING
1. The Department will monitor the activities of the Sub -grantee from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A-133, Audits of States, Local Governments and Non -Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, e-mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
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on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
3. As a sub -recipient of federal funds, the Sub -grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub -contractors, consultants, and sub -
recipients who receive pass-through funding from this Agreement.
ARTICLE IX — GRANT AGREEMENT MODIFICATION REQUESTS
A Sub -grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X — NIMS COMPLIANCY
1. The Sub -grantee agrees that in order to receive Federal Fiscal Year 2011 (FFY11) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2011 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nations sub -grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST). assessments and, if necessary, submit
a Corrective Action Plan via-NIMSCAST for FFY10. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource Center at
http://www.fema.gov/nims.
4. Local governments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the Five -Year NIMS Training
Plan, released in February 2008 and any successor guidance released by FEMA. [Note:
Coursework and training developed and/or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the Five -Year NIMS
Training Plan]. NIMS training guidance is available on FEMA's NIMS Resource Center at
http://www.fema.gov/emergency/nims/NIMSTrainingCourses.
ARTICLE XI EMPG SPECIFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS)/Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all -hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93-288, as amended, 42 U.S.C. 5121-5207).
2. A portion of the FFY11 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes that have emergency management programs to supplement
their local/tribal operating budgets. Each jurisdiction or tribe that applied and met the
qualifications specified in WAC 118-09 regarding emergency management assistance
funds was awarded a sub -grant based on the size of their agency's emergency
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management operating budget. Funds are used by local jurisdictions and tribes to enhance
their emergency management capability.
3. Funds are provided by DHS/FEMA solely for the use of supporting emergency
management programs as provided by EMPG Program. The Sub -grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub -grantee's application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub -grantee shall provide a match of $37,072 of non-federal origin. Match (cost
share) may be cash or in-kind. To meet matching requirements, the Sub -grantee
contributions must be reasonable, allowable, allocable and necessary under the grant
program and must comply with all Federal requirements and regulations, including but not
limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track and document match.
5. The Sub -grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub -grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
The Sub -grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement or any type of payment
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY11
EMPG Program. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department.
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)1
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department' means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub -grantee" means the government or other eligible legal entity to which a sub -
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub -grantee
and any sub -contractor retained by the Sub -grantee as permitted under the terms of
this Grant Agreement. The term "Sub -grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub -grantee Agent' means the official representative and alternate designated or
appointed by the Sub -grantee in writing and authorized to make decisions on behalf
of the Sub -grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the sub -grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" — is defined and used herein to mean the Public Law.
h. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" — is defined and used herein to mean the Office of Management and Budget.
j. "WAC' — is defined and used herein to mean the Washington Administrative Code.
k. "RCW" — is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of
federal funds from all sources, direct and indirect, are required to have a single or a
program -specific audit conducted in accordance with the Office of Management and
Budget (OMB) Circular A -133 -Audits of States, Local Governments, and Non -Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non-federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A-133. As defined in Circular A-133, the term
"non-federal entity" means a State, local government, or non-profit organization, and the
term "State" includes Indian tribes. Circular A-133 is available on the OMB Home Page
at http://www.omb.gov.
SUB -GRANTEE required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards (GAGAS) as
found in the Government Auditing Standards (the Revised Yellow Book) developed by
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the Comptroller General and the OMB Compliance Supplement. The SUB -GRANTEE -
grantee has the responsibility of notifying its auditor and requesting an audit in
compliance with Circular A-133, to include the Washington State Auditor's Office, a
federal auditor, or a public accountant performing work using GAGAS, as appropriate.
Costs of the audit may be an allowable grant expenditure as authorized by Circular A-
133.
The SUB -GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub -contractors also maintain auditable
records.
The SUB -GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub -contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB -GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB -GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB -GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB -GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB-
GRANTEE's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the SUB -GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB -GRANTEE claims it is exempt from the audit requirements of Circular A-133,
SUB -GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB -GRANTEE
fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB -GRANTEE shall include the above audit requirements in any sub -contracts.
Conducting a single or program -specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the SUB -GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A-133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.3 ADVANCE PAYMENTS PROHIBITED
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The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB -GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The SUB -GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the DEPARTMENT and the SUB -GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The SUB -GRANTEE must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
DEPARTMENT and SUB -GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB -GRANTEE certifies that
the SUB -GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB -GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB -GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB -GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB -GRANTEE certifies that it will ensure that potential sub -contractors or sub -
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non -procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub -awards to sub -recipients for any amount. With respect to covered
transactions, the SUB -GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub -contractor or sub -recipient or by checking
the Excluded Parties List System (EPLS) maintained by the federal General Services
Administration (GSA). The SUB -GRANTEE also agrees not to enter into any
arrangements or contracts with any party on the Washington State Department of Labor
and Industries' "Debarred Contractor List."
A.8 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB -GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB -GRANTEE who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest,
direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement. The
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SUB -GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES
The SUB -GRANTEE and all its contractors shall comply with, and the DEPARTMENT is
not responsible for determining compliance with, any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, and/or policies. This
obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy
Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities
Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL
93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against
Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56),
Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW
43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB -GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
A.10 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for
any purpose not directly connected with the administration of the DEPARTMENT's or the
SUB-GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT.
However, the parties acknowledge that the DEPARTMENT, and state and local
agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public
Records Act.
A.11 DISPUTES
The DEPARTMENT and SUB -GRANTEE shall make every effort to resolve disputes
arising out of or relating to this Grant Agreement through discussion and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this Agreement,
the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB -GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
omissions of the SUB -GRANTEE, its sub -contractors, assigns, agents, contractors,
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consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB -GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB -GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE, or SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non -liability. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.13 LIMITATION OF AUTHORITY — Authorized Signature
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT's Authorized
Signature and the Authorized Signature of the assigned SUB -GRANTEE Agent or
Alternate for the SUB -GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUB-
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.14 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a "Termination for
Cause" without providing the SUB -GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and
Modifications" to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB -GRANTEE.
A.16 NONDISCRIMINATION
The SUB -GRANTEE shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
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discharged veteran or military status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.17 NOTICES
The SUB -GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUB -GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB -GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB -GRANTEE to so
comply.
A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB-
GRANTEE. The SUB -GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.20 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.22 PUBLICITY
The SUB -GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT's name is mentioned or language used from which the connection of the
DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied.
The SUB -GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB -GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty -free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
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A.23 RECAPTURE PROVISION
In the event the SUB -GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and/or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB-
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.24 RECORDS
a. The SUB -GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records").
b. The SUB-GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB-
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB -GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB-GRANTEE's normal working day.
d. The SUB -GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUB -GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB -GRANTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB -GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the SUB -GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB -GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB -GRANTEE in connection with the project.
The SUB -GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and/or attorneys' fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
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A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUB -GRANTEE hereby certifies that to the best of
their knowledge and belief: (1) no federally appropriated funds have been paid or will be
paid by or on behalf of the SUB -GRANTEE to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the SUB -GRANTEE will complete
and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions; (3) and that, as applicable, the SUB -GRANTEE will require that the
language of this certification be included in the award documents for all subawards at all
tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and
cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into, and is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB -CONTRACTING
The SUB -GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub -contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB -GRANTEE.
All sub -contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB -GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB -GRANTEE, and/or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB -GRANTEE will not be presented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB -GRANTEE make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
It is understood that if the SUB -GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
DHS-FEMA-EMPG-FFY 11 Page 15 of 23 City of Federal Way((Contractor_Name))
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commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the SUB -GRANTEE shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the SUB -GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the SUB -GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB -GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB -GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB -GRANTEE
shall be liable for all damages as authorized by law. The rights and remedies of the
DEPARTMENT provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUB -GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB -GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB -GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall
not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB -GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB-
GRANTEE in writing of the need to take corrective action. If the corrective action is not
taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if
such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB -GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB -GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB -GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
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The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB -GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence,
the termination shall be deemed to be a "Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB -GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB -GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB-
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB -GRANTEE and the DEPARTMENT for (i) completed
work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The
DEPARTMENT shall have no other obligation to the SUB -GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB -GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB -GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub -contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant Agreement
as is not terminated;
C. Assign to the DEPARTMENT, in the manner, at the times, and to the extent
directed by the DEPARTMENT, all of the rights, title, and interest of the SUB-
GRANTEE under the orders and sub -contracts so terminated, in which case the
DEPARTMENT has the right, at its discretion, to settle or pay any or all claims
arising out of the termination of such orders and sub -contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub -contracts, with the approval or ratification of the DEPARTMENT
to the extent the DEPARTMENT may require, which approval or ratification shall
be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and
to the extent directed by the DEPATMENT any property which, if the Grant
Agreement had been completed, would have been required to be furnished to the
DEPARTMENT;
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f. Complete performance of such part of the work as shall not have been
terminated by the DEPARTMENT in compliance with all contractual
requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require,
for the protection and preservation of the property related to this Grant
Agreement which is in the possession of the SUB -GRANTEE and in which the
DEPARTMENT has or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB -GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB -GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and/or women -owned in carrying out the purposes of this Grant
Agreement. The SUB -GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon
strict performance of any provision of the Grant Agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB -GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
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Exhibit C
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2011 Emergency Management Program Workplan
H
Agency:
City of Federal Way
P:
a
Required Activities for EMPG eligibility
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the
four elements of emergency management: prevention; protection; response; and recovery. Washington State
does not require a specific number of activities to receive EMPG funding, however, there are required
capabilities that must be conducted in order to remain eligible for EMPG funding, including the ability to
communicate and warn, educate the public, train and exercise, plan and be NIMS compliant
Emergency
Management
Communications and Warning
Function
1
General Plan for 2011 Calendar Year: Will take part in the weekly CEMNET radio test conducted by
Washington State DEM. Will take part in the weekly 800Mhz radio test conducted by King County OEM.
Will take part in the Monthly 800MHz Zone 3 radio test. Will Conduct the quarterly Federal Way
150MHz radio test. Will use CodeRed mass notification system at least twice in 2011.
Emergency
Management
Public Education and Information
2
Function
General Plan for 2011 Calendar Year: Will conduct two CERT classes to the community, one CERT
class for the Federal Way Public Schools AmeriCorps program. Will conduct two Neighborhood
Emergency Team trainings, and will conduct two disaster academies for the community.
Emergency
Management
Operations and Procedures
3
Function
General Plan for 2011 Calendar Year: Will conduct three EOC notification/activation drills which will
test communications systems, call out procedures and EOC set up procedures. Will conduct one
field/EOC exercise tes ing the damage assessment teams and EOC staff.
Emergency
Management
Training
4
Function
General Plan for 2011 Calendar Year: Will conduct 3 Introductions to the EOC trainings, and NIMS
refresher trainings with a focus on IS 100 and IS 200.
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Exhibit D
MILESTONE TIMELINE
FFY11 Emergency Management Performance Grant Program
MILESTONE
TASK
October 1, 2010
Start of Grant Agreement performance period.
June 30, 2012
End of grant performance period.
August 15, 2012
Submit all final reports, requests for reimbursement and/or
deliverables.
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Exhibit E
Budget Sheet
FFY11 Emergency Management Performance Grant Program
LOCAL EMERGENCY MANAGEMENT BUDGET SUMMARY
Category
2011 Local
Funds Budget*
Salaries and Benefits
$159,110
Travel
$960
Supplies
$4,300
Telephones
$372
IT
$8,400
Printing
$378
Other
$31,300
Total All Program Costs
$204,820
FFY11 EMPG Award $37,072
The City of Federal Way award is $37,072. This is based on the FFY10 allocation factor of
18.1% of approved local/tribal emergency management operating budgets. This award will not
be used to supplant the existing local/tribal funds identified above. The Department's
Reimbursement Spreadsheet will accompany each reimbursement request submitted. In
addition, the Contractor agrees to make all records available to Military Department staff, upon
request. A total of 5% of this award can be used to pay for management and
administration of this contract.
If the local/tribal emergency management operation budget should change, as the award
contract amount is based on the budget, an amendment may have to be issued
modifying the award contract amount.
No federal funds are included in the local emergency management operating budget.
Funding Source: U.S. Department of Homeland Security - PI# 713PT — EMPG
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ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS
for Compliance With the
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282)
A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a)
of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de -obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
information for payment purposes and a link to D&B for maintaining current
DUNS information, www.ccr.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS)
number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A
DUNS number provides a method to verify data about your organization. D&B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if
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I . Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below:
If your organization does not meet these criteria, specifically identify below each criteria that is
not met for your organization:
1-12-2011 Final
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we
COUNCIL MEETING DATE: Sept 20, 2011 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FIRST AMENDMENT TO THE THUNDERING OAK ENTERPRISES AGREEMENT
POLICY QUESTION: Should the Mayor and Council authorize a first amendment to the Thundering Oak
Enterprises Agreement?
COMMITTEE: PRHSPS MEETING DATE: Sept 13, 2011
CATEGORY:
Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen Ikerd — Parks & Facilities Manager DEPT: PRCS
History: Following a competitive bid process in 2010, Thundering Oak Enterprises entered into a Tree Services
Agreement in December of the same year. This service provides on call; tree assessments, hazardous trees
mitigation and storm cleanup. The Department experienced a high amount of service calls and there is a need to
increase amount of compensation and the term for this on call service. By mutual agreement we seek
authorization to extend their term for an additional two years at the same 2010 rate. The compensation would be
increased by $49,900.00 for a grand total contract value of $66,610.00. Funding for this service is covered
through the Urban Forestry account and Park Operations.
Options Considered:
1) Authorize a first amendment to the Thundering Oak Enterprises Agreement by extending their term an
additional two years and increase the compensation by $46,900.00
Do not authorize a first amendment and provide direction to staff
MAYOR'S RECOMMENDATION: Option 1: Authorize a first amendment to the Thundering Oak Enterprises
Agreement by extending their term an additional two years and increase the compensation by $46,900.00
MAYOR APPROVAL:Jp!ff DIRECTOR APPROVAL: M
Commi Council Committee Council
COMMITTEE RECOMMENDATION: "I move to forward the authorization of a first amendment to the Thundering
Oak Enterprises Agreement by extending their term an additional two years and increase the compensation by
$46,900.00, and authorize the Mayor to move said authorization to the full Council Sept 20, 2011 consent agenda
for approval "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "1 move approval of authorizing a first amendment to the Thundering Oak
Enterprises Agreement by extending their term an additional two years and increase the compensation by
$46,900. 00 "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
IST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED
- 08/12/2010
31 RESOLUTION #
Kia
SUBJECT: CONSOLIDATION PLAN
POLICY QUESTION: NA
COMMITTEE: PRHSPS MEETING DATE: 9/13/2011
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
F-1 City Council Business ❑ Resolution ® Other
STAFF REPORT BY: Bryant Enge DEPT: Mayor's Office _
Background: Federal Way is an entitlement city that has participated in the King County Community
Development Block Grant (CDBG) Consortium as a Joint Agreement City since 1994 for purpose of receiving
Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development
(HUD). On March 15, 2011, the City Council approved a motion directing that Federal Way become a Direct
Entitlement city and receives its Community Development Block Grant (CDBG) dollars directly from the
Department of Housing and Urban Development (HUD).
A HUD requirement before the city can receive these funds is development of a Five -Year Consolidated Plan to
address the human service and housing needs for low -and -moderate income, and special need populations in the
City. A consultant has been engaged to provide professional services to assist the city in developing a Five -Year
Consolidated Plan.
Attached is a calendar of tasks required to comply with HUD requirements.
Attachments: Consolidated Plan Timeline
Options Considered: Information Only
MAYOR'S RECOMMENDATION: NA
MAYOR APPROVAL: DIRECTOR APPROVAL:
Committee Council Committee Council
COMMITTEE RECOMMENDATION: NA
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: NA
BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/12/2010 RESOLUTION #
33
City of Federal Way Con Plan Process
Consolidated Plan Timelines
7/19 Organizational meeting to set planning process schedule
8/4 Complete Citizen Participation Plan for staff review
8/8 Staff approve/publish Citizen Participation Plan
8/12 Publish notice of Public Hearing on 8/29
8/14 Advise potential project applicants of City intent to release RFP on 8/25
8/15 Meet with Human Services Commission (agenda TBD but will include update on planning process)
8/25 First year project RFP released (two week application period)
8/29 Public Hearing on needs/available funds/eligible activities
9/9 Project Applications deadline
9/19 Meeting of Human Services Commission to discuss major themes and strategies
9/20 Staff briefs Council on applications received; staff will make recommendations at 10/4 mtg
9/29 Publish Notice that Plan will be available to the public on 10/14
10/4 Staff makes funding recommendations to Council
10/10 Plans ready for staff review (note: major components would be available for review prior to this
date)
10/11 Placeholder -- PRHS&PS Committee may have to approve final funding recommendations if Council
made changes to staff recommendation on 10/4
10/12 Complete City review of Draft 5 -Year and Annual Plan documents
10/14 Publish Draft/Make available to public
11/14 End of public comment period
11/14-11/15 Complete consideration of public comments/revise Plans as needed
11/15 Council Formally Adopts Plan
11/16-11/17 Deadline to submit to HUD
34
SUBJECT: SCHOOL RESOURCE OFFICER CONTRACT
POLICY QUESTION:
Should the City of Federal Way /Federal Way Police Department allow ratification of the Interlocal Agreement
between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers for
the term of September 1, 2011 to August 31, 2014?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Sept. 13, 2011
Council Committee - (PRHS&PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: SANDY TUDOR, LIEUTENANT DEPT: Police Department
Attachments:
1. PRHS&PS Staff Memo
2. Interlocal Agreement between the City of Federal Way and Federal Way School District No. 210 for
School Resource Officers
Options Considered:
1. Ratify the agreement.
2_ Reject the agreement. _
MAYOR'S RECOMMENDATION: Option 1.
MAYOR'S APPROVAL: ZAWDIRECTOR APPROVAL:.:' �.'�� Q �kJ ZAA,ASI )l
FC-omnotee Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the proposed Interlocal Agreement between the City of
Federal and the Federal Way School District No. 210 to the September 13, 2011 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Interlocal Agreement between the City of Federal
Way and Federal Way School District No. 210 for School Resource Officers, effective September 1, 2011
through August 31, 2014 with a total compensation of $402,965.00, and authorize the Mayor to sign said
agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
35
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 13, 2011
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of the Interlocal Agreement Between the City of Federal Way and the
Federal Way School District No. 210 for School Resource Officers.
Background
School Resource Officers (SROs) are commissioned Federal Way police officers that provide
law enforcement and security services to the Federal Way School District. Their primary
responsibility is to protect students and school staff from harm. SROs are assigned to designated
high schools and respond to requests for police service throughout the Federal Way School
District. SROs augment school security, assist school staff, and take law enforcement action on
and around school campuses. Additionally, SROs serve as role -models for students, build
relationships with students and parents, give criminal justice and crime prevention education,
enhance community outreach, increase public awareness, and foster a cooperative working
relationship with school district personnel.
The original SRO Agreement was set in August of 1999 and has been maintained since that time
with only minor modifications and variations that reflect the needs of the City and the School
District. The term of this Interlocal Agreement is from September 1, 2011 to August 31, 2014.
Thereafter, this Agreement shall automatically renew year to year unless terminated pursuant to
Section VII hereof. This agreement has been reviewed and approved by the legal departments of
both parties and is ready for final signatures.
36
CITY OF CITY HALL
33325 8th Avenue South
Federal Way Federal Way, 4VA 98043-6325
(253) 835-7000
«ver citpoffederahvqycoin
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210
FOR
SCHOOL RESOURCE OFFICERS
This Interlocal Agreement ("Agreement") is made and entered into this 1St day of September, 2011, by and
between the City of Federal Way, a Washington municipal corporation ("City"), and Federal Way School
District No. 210, ("District"). The City and District (together "Parties") are located and do business at the
below addresses which shall be valid for any notice required under this Agreement:
FEDERAL WAY SCHOOL DISTRICT NO. 210: 1 CITY OF FEDERAL WAY:
Diana Seeley, Director of Risk Management
31405 18th Ave S
Federal Way, WA 98003
(253) 945-2070 (telephone)
(253) 945-2055 (facsimile)
Brian Wilson, Chief of Police
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 253-835-6701 (telephone)
(253) 253-835-6739 (facsimile)
Lynette. allen�acityoffederalway. com
Pursuant to Chapter 39.34 RCW, the City and District may enter into an agreement through their
respective legislative bodies whereby the City will provide fully commissioned police officers to serve
as School Resource Officers on District property pursuant to such terms as may be mutually agreed
upon. Itis considered necessary and desirable in the public interest that the City and District exercise
the rights and privileges afforded by said statute. Therefore, it is mutually agreed by and between the
City and District as follows:
1. Definitions. The following definitions shall apply to this Agreement:
1.1 City - The City of Federal Way.
1.2 District - Federal Way School District No. 210.
1.3 School Resource Officer ("SRO") - A fully commissioned police officer who is assigned by the
Department to provide law enforcement and security services to the District. The SRO assignment
at the school campuses is the equivalent of a.7349 full time police officer with the remainder .2651
to be assigned at the discretion of the Department. Adjustments to this staffing allocation may be
made if mutually agreed upon between the District and the City.
1.4 School Campus - The school building, all parking lots or outside common areas adjacent to the
school building, and all property within t/2 mile.
1.5 Department - The Federal Way Police Department, City of Federal Way.
1.6 School Year - One hundred eighty one (18 1) days of official school days, one day before and one
day after for preparation, closing and staff meeting totaling one hundred eighty-three (183) days
between the months of August and June. The preparation day and the closing day shall be mutually
agreed upon between the SRO and the building principal. The District "in-service training day" for
the Security Department at the beginning of each school year is considered mandatory attendance
for all SROs.
37
SRO INTERLOCAL - 1 - 6/2011
CITY OF CITYHALL
3332
33325 8th Avenue South
Federal Way Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederatway. cony
1.7 Annual Cost Letter — A letter outlining anticipated annual costs for services for the next school year
is to be submitted by the City to the District in the month of February prior to the school year. The
anticipated costs are based on the number of officers (FTEs) and are calculated as follows; hours of
work per calendar year total 2080 hours or 249 eight-hour days and 183 contracted days per year.
The work performed by a SRO represents a staff equivalent of .7349 of a full-time position. The
anticipated costs for services will be calculated on the .7349 equivalent. Adjustments to this
calculation may change based on alternative officer assignments, e.g. '/2 time officer deployment.
1.8 Extra -duty Assignments - Extra -duty assignments include, but are not limited to, athletic games,
dances, graduations and other events that occur outside the normal school day as defined in Section
5, Hours of Work.
1.9 Daily Routine - The daily routine includes assignment to various locations on/around the school
campus, or various events. The daily routine does not include policies, procedures, guidelines or
work rules.
1.10 Overtime - Overtime costs are calculated and paid in accordance with the Fair Labor Standards Act
and the Federal Way Police Officers Guild Contract. The District shall be billed for only school
related overtime, which includes incidents that begin on the school grounds during the SRO's
scheduled workday and continue into overtime. Overtime related to criminal incidents that do not
involve the school will not be billed.
1.11 Sister Schools - shall provide continuity of staffing during absences as described in Section 3.3.
Decatur and Todd Beamer SRO's will provide coverage for each other, as will Federal Way and
Thomas Jefferson. Truman will be supported as needed by the nearest available SRO.
1.12 School Campus Security It is the intent of the Parties that City police officers provide school
campus security for the high schools. An SRO will be assigned to the following high schools:
Decatur, Federal Way, Thomas Jefferson, and Todd Beamer. A full time SRO will be assigned to
the District as a Relief SRO to cover for any absences, be present at Truman High School during
lunch and dismissal time whenever possible, and assist with traffic patrol surrounding schools in
the District as well as other projects assigned for a total of four (5) full time positions.
1.13 Unscheduled absence. An unscheduled absence is defined as the Federal Way Police Department
being notified of an absence by an assigned SRO less than twenty-four (24) hours prior to the
scheduled shift.
2. Purpose. School Campus Security: It is the intent of the Parties that City police officers provide school
campus security for the high schools. An SRO will be assigned to the following high schools: Decatur,
Federal Way, Thomas Jefferson, and Todd Beamer. A Relief SRO will be assigned to assist with SRO
coverage at the High Schools including Truman and school zone enforcement around Federal Way
Schools.
3. City's Responsibilities.
3.1 SRO Assignment to the School Campus. Upon receipt of Notice from the District, the City
agrees to assign an SRO, as defined in Section 1.3, for a rotation of one school year. In the
event of operational needs or other unforeseen circumstances, the City will assign the
replacement SRO,
38
SRO INTERLOCAL - 2 - 6/2011
OF
Federal
j
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
vmw cttyoffederaM�ay com
3.2 Performance Evaluations Discipline Assignment and Other Personnel Actions. The City will
continue to evaluate the performance of a SRO, to administer discipline, to investigate
allegations of misconduct, assign duties, and take any other personnel action in accordance
with applicable City policies, guidelines, and/or collective bargaining agreement. The City, in
its discretion, may utilize the District's performance comments/observations referenced in
Section 4.2.
3.3 Staffing.
A. Scheduled Absence. The City agrees to provide a full day replacement for each day of
scheduled absence with the following exceptions:
1. Each SRO shall attend one day of mandatory training provided by the City per month.
Coverage during training shall be provided by the Relief SRO or under the "sister
school" philosophy. During mandatory training, the City shall maintain minimum of
three (3) SROs in the District during school hours.
2. The SRO may attend additional designated training approved by the City and with the
agreement of the building principal. The Safety and Security Manager will be notified as
soon as practical. When training outside of the mandatory monthly training is approved,
a minimum of four (4) SRO's, one (1) to cover each high school will be provided by the
City.
B. Unscheduled Absence. The City shall maintain a minimum of three (3) officers assigned
within the District during school hours except during exigent circumstances, which include
but are not limited to natural disasters, riots, or large scale disturbances requiring Federal
Way police officers response.
1. On the first day of an absence due to illness or emergency, coverage will be provided by
the Relief SRO.
2. In the event the Relief SRO is already assigned to cover a building, the resulting
coverage will be provided as described in the "sister school" philosophy.
C. Absence for Other Duties and/or Training. Except as noted above, the City agrees to
provide a replacement officer for the hours of absence in the event a SRO is absent more
than four (4) hours for Department duties and/or training.
3.4 Transport of Criminal Suspects. After an SRO arrests individuals or detains individuals
suspected of criminal activity, the SRO will normally remain on the school campus, and
additional police officers will be dispatched to transport said individuals. The City, in its
discretion, may require the SRO to leave the school campus and transport the individuals.
3.5. Invoices.
A. Regular SRO Work. The City will submit two invoices during the school year, one in
January and one in June, for work performed. Each invoice represents work for 91 days,
which equates to one-half of the school year.
B. Extra -duty Assignments. The City will submit an invoice monthly for all work as a result of
extra -duty assignments.
C. Overtime. The City will submit an invoice monthly for all overtime worked. The City
maintains responsibility to document overtime.
39
SRO INTERLOCAL -3 - 6/2011
City OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wvyw(ci" federahvay corn
3.6 Annual Cost Letter. On or before February 1St of each year the City will provide the District
Security Manager an Annual Cost Letter estimating the anticipated annual costs for services for
the next school year.
3.7 Uniform and Equipment.
A. Uniforms. Normally a SRO will be attired in police uniform. However, either upon the
request of the building principal or, if applicable, the Memorial Field Coordinator, other
attire may be approved by the City for specific occasions. Dress down attire will maintain a
professional image and may include bike uniforms or other activity specific attire.
B. Transportation. The City, in its discretion, may provide vehicles or other means of
transportation for the SRO.
C. Radio Communications. The City will provide the SRO a radio capable of routine and/or
emergency interaction with dispatch operations, and integrated with the regional public
safety radio network. Cellular phones may be provided at the City's discretion.
3.8 Extra -duty Assignments. The City agrees to attempt to assign the extra -duty work to the SRO
assigned to the particular school campus but will also attempt to reduce any overtime.
3.9 Minimum Benefits. Pursuant to RCW 28A.400.285, persons performing services under this
Agreement shall be provided health benefits similar to those provided School District
employees who would otherwise perform the work, but in no case are such health benefits
required to be greater than the benefits provided for basic health care services under chapter
70.47 RCW.
3.10 Record Check. Pursuant to RCW 28A.400.303, the City shall require a record check through
the Washington State Patrol criminal identification system under RCW 43.43.830 through
43.43.834, 10.97.030 and 10.97.050 and through the federal bureau of investigation before
hiring any employee who will have regularly scheduled unsupervised access to children in the
School District's schools. The record check shall include a fingerprint check using a complete
Washington state criminal identification fingerprint card. The City shall provide a copy of the
record report to the applicant. When necessary, applicants may be employed on a conditional
basis pending completion of the investigation. If the applicant has had a record check within
the previous two years, the City may waive the requirement.
3.11 Crimes Against Children. Pursuant to RCW 28A.400.330, as now or hereafter amended, the
City shall prohibit any employee of the City from working at a public school who has contact
with children at a public school during the course of his/her employment and who has pled
guilty to or been convicted of any felony crime involving the physical neglect of a child under
chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW
(except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child
under chapter 9.68A RCW, sexual offenses under 9A.44 RCW where a minor is a victim,
promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor
child under RCW 9A.64.030, or violation of similar laws or another jurisdiction. Any failure to
comply with this section shall be grounds for the School District to immediately terminate this
40
SRO INTERLOCAL - 4 - 6/2011
4 CITY OF
Federal
Agreement.
4. District's Responsibilities.
CITY HALL
33325 8th Avenue South
Federal Way, VVA 98003-6325
(253) 835-7000
aw.vw cltyoffederahvay cant
4.1 District Request Removal of SRO. The District may request removal of a SRO for unsatisfactory
performance or for incompatibility. All requests for removal must be in writing from the District's
designee or the building principal of the school being served and submitted to the Chief of Police.
4.2 Performance Comments. The building principal and/or the District's designee will provide the
City's SRO supervisor with performance comments and observations concerning the SRO upon
request (generally on an annual basis). The SRO supervisor is wholly responsible for the SRO's
performance appraisal; the building principal's and/or the District's designee comments will not
replace the evaluation, but may be included in it.
4.3 Compensation. The rate for the SRO's will adjust annually in accordance with the Police
Department Guild Collective Bargaining Agreement. Upon receipt of an invoice, the District will
reimburse the City within thirty (3 0) days, exclusive of overtime and extra duty assignments costs.
A. Annual Negotiation of Costs. After February 1st of each year, the District agrees to negotiate
the compensation based upon the anticipated costs of services as set forth in the Annual Cost
Letter in Section 3.6.
B. Extra -duty assignments. The District agrees to pay the prevailing hourly rate for each extra duty
hour worked by a police officer. In the event that overtime is incurred, the District agrees to
pay the overtime rate as defined in Section 1.10.
C. New Position(s). In the event the City and the District agree to establish additional SRO
position(s) during the school year, the District will pay the proportionate amount based upon the
actual days worked.
D. Overtime. The District agrees to pay any and all overtime costs in accordance with the Fair
Labor Standards Act and the Guild Contract.
4.4 Office Space/Equipment.
A. The District will provide an office space, desk, dedicated phone line, voice mail, district and
internet based electronic mail and a computer.
B. The District will provide access to private interview rooms.
C. Generally the school campus of the District will provide a site-based portable radio to permit
communications between staff and the SRO, and to enable monitoring of staff/campus
activities. In the event a site-based radio is not provided, it is the responsibility of the site
principal to ensure that acceptable alternative communication protocols and methods are in
place.
4.5 Extra Duty Assignments. The District shall determine the need for extra duty assignments. Should
there be a need for a SRO, the District reserves the right to negotiate with the City for "extra -duty"
police services as defined in Section 1.8. The District's first preference is that the SRO assigned to
the school would also be assigned to the extra duty assignments. When this is not possible, the
41
SRO INTERLOCAL - 5 - 6/2011
CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www atyoffederahvay cam
extra duty assignments shall be offered in the following order of priority; first, to current SRO's in
the District, and second to other Department police officers.
4.6 Assignment of Daily Routine. The principal may assign the daily routine of the SRO provided the
assignment does not conflict with City policies, guidelines, protocols, work rules and/or applicable
collective bargaining agreement.
4.7 Transport Students. The District will maintain responsibility to transport students not involved in
criminal activity.
5. Hours of Work. An SRO will work an eight-hour shift, inclusive of the lunch period.
The SRO may be subject to call during the lunch period. The actual hours worked will be
determined by the needs of the school principal. Generally, hours for high schools approximate
0700 (7:00 a.m.) to 1500 (3:00 p.m.). The Parties recognize that the SRO is subject to the Fair
Labor Standards Act (FLSA) and that overtime may occur.
SROs will attend weekly campus -based meetings with peer SROs and/or SRO supervisor. The
weekly meeting will be rotated between campuses and will not exceed sixty (60) minutes.
The SROs are encouraged to attend the regional SRO meeting.
6. Term. The term of this Agreement shall be for an initial period of three years, from September
1, 2011 through August 31, 2014. Thereafter, this Agreement shall automatically renew year to year unless
terminated pursuant to Section 7 hereof.
7. Termination.
7.1 The District may terminate this Agreement for "just cause" provided that it has provided ninety
(90) days prior written notice to the City.
"Just Cause" shall mean the City's failure to perform its obligations under this Agreement
following notice from the District of such failure and after an opportunity for the City to cure or
satisfy such obligations.
7.2 Either party may terminate this Agreement with or without cause at the end of the school year by
ninety (90) days prior written notice to the other party. For this paragraph, the school year end date
shall be June 301h of the current year.
8. Insurance.
8.1 Amount. It is hereby understood and agreed that each Party to this Agreement shall obtain and
maintain public liability insurance in an amount not less than TWO MILLION AND NO/100
DOLLARS ($2,000,000) single limit liability.
8.2 Certificate. Each Party shall provide proof of insurance coverage to the other Party. The City shall
provide the District with an evidence of coverage letter from Washington Cities Insurance
42
SRO INTERLOCAL - 6 - 6/2011
CITY 06 CITY HALL
Feder 8th Avenue South
Federal Way, WA 98043-6325
to , Federal Way (253) 835-7000
www 6"ffederalway: com
Authority. The District shall provide the City with an evidence of coverage letter from the
Washington Schools Risk Management Pool. Insurance coverage shall be maintained at all times.
9. Indemnification.
9.1 The District. The District agrees to defend, indemnify, and hold the City, its elected officials,
officers, employees, agents, and volunteers harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives, arising from,
resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors
or omissions of the District, its partners, shareholders, agents, employees, or by the District's breach
of this Agreement.
9.2 TheCi1y. The City agrees to defend, indemnify, and hold the District, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and
_liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from, resulting
from, or connected with this Agreement to the extent caused by the negligent acts, errors or
omissions of the City, its partners, shareholders, agents, employees, or by the City's breach of this
Agreement.
9.3 Survival. The provisions of this article shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
10. General Provisions.
10.1 Administration. The responsibility for overseeing the compliance with the provisions of this
Agreement shall be handled jointly between the Parties, and no separate legal or
administrative entity shall be formed by the Parties for such purpose.
10.2 Independent Contractor. It is the intention of the City and of the District that each SRO is a
City employee.
10.3 Confidentiality. Both the School District and the City are governed by laws requiring
confidentiality for certain records and information contained therein. Pursuant to RCW
13.50.010(1)(a) the City and the School District are "juvenile justice and care" agencies
which maintain records (hereinafter "juvenile records") as defined in RCW 13.50.010(1)(c).
Both Parties agree that the juvenile records will only be released in accordance with RCW
13.50.050(4). The City will not release copies of reports, investigations, or other documents
which are not juvenile records if such records are exempt from disclosure under either the
Public Disclosure Act, RCW 42.17.250-42.17.348, or the Criminal Privacy Act, RCW 10.97
et seq.
Pursuant to the terms of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g
and regulations promulgated thereunder, City personnel providing security services to the
School District may be provided access to student records in the course of their duties and
will be expected to maintain the confidentiality of such information except as disclosure is
43
SRO INTERLOCAL - 7 - 6/2011
CITY OF CITY HALL
Fe d e ra l Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
vmw cityoflederafway com
permitted by law. For the purposes of the foregoing statute, the City shall be recognized as
an official law enforcement unit of the School District.
10.4 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect
to any matter covered or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
10.5 Modification. No provision of this Agreement may be amended or added to except by agreement in
writing signed by the Parties or their respective successors in interest.
10.6 Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal
shall in no way affect, impair, or invalidate any other provision hereof and such other provisions
shall remain in full force and effect.
10.7 Assignment. Neither the City nor the District shall have the right to transfer or assign, in whole or
in part, any or all of its obligations and rights hereunder without the prior written consent of the
other Party.
10.8 Attorney Fees. In the event the City or the District defaults on the performance of any terms
in this Agreement, and the District or City places the enforcement of the Agreement or any
part thereof, or the collection of any monies due, or to become due hereunder, or recovery of
possession of any belongings, in the hands of an attorney, or file suit upon the same, each
Party shall pay all its own attorney's fees, costs and expenses. The venue for any dispute
related to this Agreement shall be King County, Washington.
10.9 No Waiver. Failure of either Party to declare any breach or default immediately upon
occurrence thereof, or delay in taking any action in connection with, shall not waive such
breach or default, but either Party shall have the right to declare any such breach or default at
any time and take such actions that might be lawful or authorized hereunder either at law or
in equity. Failure of the either Party to declare one breach or default does not act as a waiver
of either Party's right to declare another breach or default.
10.10 Arbitration. Disagreement concerning the interpretation or application of the provisions of
this Agreement is subject to arbitration provided that the City Manager, or his or her
designee, and the District Superintendent, or his or her designee, have discussed and
attempted to settle the dispute. The Party desiring arbitration shall' submit written notice of
the intent to arbitrate along with the basis for the dispute. Following receipt of the notice to
arbitrate, the other Party may request a meeting within fourteen (14) working days in attempt
to resolve the matter. If the matter cannot be resolved, the Parties shall first attempt to select
an arbitrator. If no agreement can be reached on the selection of the arbitrator, the City and
the District agree to use the services of the American Arbitration Association for the
selection of the arbitrator. Each party shall be responsible for its own costs and fees incurred
in preparing for and participating in the arbitration. The arbitrator fees along with any
administration fee shall be borne equally by the City and by the District. The arbitrator shall
determine the controversy in accordance with the laws of the State of Washington. The
arbitrator's decision shall be binding upon both Parties.
44
SRO INTERLOCAL - 8 - 6/2011
AhL CITY of CITY HALL
��' Feder 8th Avenue South
WayFederal Way, WA 98003-6325
(253) 835-7000
Www cityoffederaIway. coni
10.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience
of reference only and shall not be deemed to modify or otherwise affect any of the provisions of
this Agreement.
10.12 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not
intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity
or by statute.
10.13 Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to
participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall
be construed against any party upon a claim that party drafted the ambiguous language.
10.14. Filing of Agreement. This Agreement shall be filed with the Secretary of the Board of
Directors of Federal Way School District No. 210, the City Clerk of the City of Federal Way,
and the King County Records and Elections Division.
10.15 Supplemental Security Officers. The District reserves the right to place a campus security
officer to assist the assigned SRO at any time.
[Signature page follows]
45
SRO INTERLOCAL - 9 - 6/2011
CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
4vmv cityoffederahvay com
IN WITNESS WHEREOF, the above and foregoing Interlocal has been executed by the parties hereto
and made effective on the day and year first above written:
CITY OF FEDERAL WAY
Skip Priest, Mayor
Attest:
Carol McNeilly, CMC, City Clerk
Approved as to Form:
Patricia A. Richardson, City Attorney
SRO INTERLOCAL
FEDERAL WAY SCHOOL
DISTRICT NO. 210
Robert Neu, Superintendant
Approved as to Form:
Diana L. Seeley,
Director of Risk Management and Purchasing
46
- to- 6/2011
COUNCIL MEETING DATE: September 20th, 2011 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Memorandum of Agreement (MOA) between Federal Way Police and the Department of
Homeland Security (DHS), allowing permission to utilize certain Federal Way Police radio frequencies on
a limited basis for emergency preparedness.
POLICY QUESTION: Should the Federal Way Police Chief enter into this Agreement to allow the Department
of Homeland Security to use certain Federal Way police radio frequencies for local emergencies and mutual
aid requests?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Sept. 13, 2011
Council Committee - (PRHS&PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: ANDY HWANG DEPUTY CHIEF OF POLICE DEPT: Police Department
Attachments:
1. PRHS&PS Staff Memo
2. Memorandum of Agreement (MOA)
Options Considered:
1. Authorize Chief Wilson to enter into this Agreement with Homeland Security to enhance interoperability.
2. Decline this request by Homeland Security.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR'S APPROVAL: DIRECTOR APPROVAL:
ommi ee Council Committee Council
COMMITTEE RECOMMENDATION: `I move to forward this request, for radio frequency sharing with
Homeland Security, to the September 20, 2011 City Council meeting, consent agenda, for approval. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of this request by the Department of Homeland Security,
and authorize Police Chief Brian Wilson to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 02/06/2006
RESOLUTION #
47
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 13, 2011
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Memorandum of Agreement with the Department of Homeland Security.
Background
The Department of Homeland Security's, (DHS), Western Command office is located within the
City of Federal Way. This federal agency has a large mobile command vehicle, (MCV), which
can be used for local and regional emergency operations.
DHS contacted the Federal Way Police Department requesting permission to have access to
certain Federal Way Police 800 MHz radio frequency talk -groups, for installation in their mobile
command vehicle, (MCV).
We have established a solid working relationship with this agency and have been offered access
to their MCV, upon request.
Allowing DHS access to certain police radio frequencies will enhance interoperability and
provide direct communication capabilities for emergency and mutual aid scenarios. Access to
our police radio frequencies will allow DHS agents and officers to talk directly to our first
responders in an emergency situation, and could also provide a benefit for us in the event we
borrow their MCV.
Staff proposes that we enter into the Memorandum of Agreement, as proposed, providing DHS
permission to use selected police radio frequencies for limited emergency and mutual aid
situations. There are no costs associated with entering into this Agreement with DHS and no
special FCC licensing requirements.
M
MEMORANDUM OF AGREEMENT
BETWEEN
FEDERAL WAY POLICE DEPARTMENT
AND
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY (DHS)
NATIONAL PROTECTION PROGRAM DIRECTORATE (NPPD)
FEDERAL PROTECTIVE SERVICE
I. PARTIES
This Memorandum of Agreement (MOA) is between the Federal Protective Service (FPS),
ATTN: Western Command, 32125 32°a Ave South, Federal Way, Wa 98003 and the Federal
Way Police Department (FWPD).
II. PURPOSE
The purpose of this MOA is to establish an understanding between FPS and the Federal
Way Police Department (FWPD) and define the authorized use of their radio frequencies by the
FPS on a limited basis. This MOA will enable FPS officers and/or agents to utilize existing FPS
800 MZh radios to communicate directly to the Federal Way Police Department (FWPD) under
the conditions described herein.
III. RESPONSIBILITIES
The FPS agrees to comply with all radio communications standards and protocol published by
FWPD as they relate to FPS utilization of the radio system FWPD operates on. FPS agrees to
abide by all current and hereafter approved rules and regulations regarding system usage and to
follow guidelines and policy established by FWPD for continued utilization of the system. FPS
shall safeguard radio frequency information and shall not release or distribute this information
without the prior approval of the FWPD. All radio frequencies and channel information shall be
treated as confidential and shall be utilized on an as -needed basis and in compliance with FCC
and NTIA regulations. Radio channels shall only be programmed on FPS radios to personnel
authorized to communicate with the FWPD.
They shall be utilized for interoperability or emergency use and for mutual aid, especially when
FPS law enforcement personnel are out of the operational radius of the FPS radio infrastructure
or when on joint operational details with the FWPD or other authorized agencies utilizing these
frequencies. The terms of operation on FWPD radio frequencies are specifically designated for
local emergencies and requests for agency assistance and not for normal day-to-day operations.
FWPD shall notify FPS of special radio communications format and shall review the MOA as
determined appropriate for continuation of service. FWPD shall notify FPS of any changes to the
radio channels or frequencies to include channel spacing, PL tones, zone descriptions, etc.
FWPD shall notify FPS of the requirements for special Unit Identifier Call Signs to be assigned
for each radio designated to use this frequency or to obtain existing FPS Call Signs from the
system users. Any legal responsibility or licensing for FCC assignments to use these frequencies
in agency radios is that of the agency and not of FPS. Channels to be programmed into FPS
radios include the following:
• FWPD PRIMARY
• FWPD TAC
• FWPD ADMIN
• FWPD SPECOPS 1
IV. OTHER PROVISIONS
Nothing in this MOA is intended to conflict with current law or regulation or the directives of
DHS or FWPD. If a term of this agreement is inconsistent with such authority, then that term
shall be invalid, but the remaining terms and conditions of this agreement shall remain in full
force and effect.
V. MODIFICATION
This MOA may be modified upon the mutual written consent of the duly authorized
representatives 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.
VI. EFFECTIVE DATE
This MOA is effective upon signature of the parties and will remain in effect unless and until
terminated as provided under Article VII.
VII. TERMINATION
Except as otherwise provided in the MOA, either party may terminate this MOA upon thirty (30)
days written notification to the other party. If this MOA is so terminated, the terminating party
shall be liable only for conditions in accordance with the terms of this MOA for performance
prior to the effective date of termination.
-;b
ACCEPTED AND AGREE BY:
For Federal Way Police Dept.
Brian J. Wilson, Chief
For Federal Protective Service
Donald Bowman, Regional Director
Date
AGENCY LOCAL POINTS OF CONTACT
FWPD:
Name: Andy Hwang
Title: Deputy Chief
Address: 33325 8th Ave S.
Address: Federal Way, WA 98003
Address:
Office Phone: 253-835-6716
Cell Phone: 206-255-7387
Fax: 253-835-6739
Email: andy.hwang@cityoffederalway.com
Date
FPS:
Name: Tom Keedy
Title: Inspector
Address: 211 E. 7th Avenue
Address: Room B-30
Address: Eugene, OR 97401
Office Phone: 541-465-4727
Cell Phone: 541-501-7186
Fax: 541-465-6320
Email: Thomas.Keedy@DHS.gov
-;-1
52
COUNCIL MEETING DATE: N/AITEM #:
..... ............
_ ......._
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DEA — State and Local HIDTA Task Force Agreement
POLICY QUESTION:
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Sept. 13, 2011
Council Committee - (PRHS&PS)
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® Other —Information
❑ City Council Business E] Resolution Only
STAFF REPORT BY: LYNETTE ALLEN, CHIEF'S EXECUTIVE ASSISTANT DEPT: Police Department
Attachments:
1. State and Local HIDTA Task Force Agreement
Narcotics and dangerous drugs have a detrimental effect on the health and well being of not only the Citizens in
Federal Way but all people throughout Washington and beyond. The US Department of Justice, Drug
Enforcement Administration (DEA) formed a local Task Force to help stop the trafficking of narcotics and
dangerous drugs.
The Federal Way Police Department (FWPD) assigned a Commissioned Officer to the DEA Task Force on
February 8, 2010 and FWPD entered into an Agreement with the State and Local HIDTA for the reimbursement
of overtime for the Officer. The attached Agreement is a continuation of our efforts to control the trafficking of
drugs.
This Agreement, which takes effect on October 1, 2011, will continue to reimburse FWPD for the Officer's
overtime up to $17,202.25.
Considered:
.MAYOR'S RECOMMENDATION: N/A
MAYOR'S APPROVAL:
Con ttee Council
COMMITTEE RECOMMENDATION: N/A
DIRECTOR APPROVAL:
kAk,n B i/.4IJ d,1-4&
Committee Council
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
1sT reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 08/12/2010
RESOLUTION #
53
STATE AND LOCAL HIDTA TASK FORCE
AGREEMENT
This agreement is made this lst day of October 2011, between the
United States Department of Justice, Drug Enforcement Administration
(hereinafter "DEA"), and the Federal Way Police DepArtment
(hereinafter "FWPD").
Whereas there is evidence that trafficking in narcotics and dangerous
drugs exists in the Greater King County area and that such illegal
activity has a substantial and detrimental effect on the health and
general welfare of the people of Washington, the parties hereto agree
to the following:
1. The DEA SeaTac HIDTA Task Force (Group D22) will perform the
activities and duties described below:
a. disrupt the illicit drug traffic in the Greater King County
area by immobilizing targeted violators and trafficking organizations;
b. gather and report intelligence data relating to trafficking in
narcotics and dangerous drugs; and
c. conduct undercover operations where appropriate and engage in
other traditional methods of investigation in order that the task
force's activities will result in effective prosecution before the
courts of the United States and the State of Washington.
2. To accomplish the objectives of the SeaTac HIDTA Task Force (Group
D22), the FWPD agrees to detail one (1) experienced officer(s) to the
SeaTac HIDTA Task Force (Group D22) for a period of not less.than two
years. During this period of assignment, the FWPD officers will be
under the direct supervision and control of DEA supervisory personnel
assigned to the task force.
3. The FWPD officers assigned to the task force shall adhere to all
DEA policies and procedures. Failure to adhere to DEA policies and
procedures shall be grounds for dismissal from the task force.
4. The FWPD officers assigned to the task force shall be deputized as
task force officers of DEA pursuant to 21 USC 878.
54
5. To accomplish the objectives of the SeaTac HIDTA Task Force (Group
D22), DEA will assign three (3) Special Agents to the task force.
HIDTA will also, subject to the availability of annually appropriated
funds or any continuing resolution thereof, provide necessary funds
and equipment to support the activities of the DEA Special Agents and
eight (8) officers assigned to the task force. This support will
include: office space, office supplies travel funds, funds for the
purchase of evidence and information, investigative equipment,
training and other support items.
6. During the period of assignment to the SeaTac HIDTA Task Force
(Group D22), the FWPD will remain responsible for establishing the
salaries and benefits, including overtime, of the FWPD officers
assigned to the task force and for making all payments due them. HIDTA
will, subject to availability of funds, reimburse the FWPD for
overtime payments made by it to the FWPD officers assigned to the
SeaTac HIDTA Task Force (Group D22) for overtime, up to a sum
equivalent to 25 percent of the salary of a GS -12, Step 1 (RUS)
federal employee, currently $ 17,202.25, per officer.
7. In no event will the FWPD charge any indirect cost rate to DEA for
the administration or implementation of this agreement.
8. The FWPD shall maintain on a current basis complete and accurate
records and accounts of all obligations and expenditures of funds
under this agreement in accordance with generally accepted accounting
principles and instructions provided by DEA to facilitate on-site
inspection and auditing of such records and accounts.
9. The FWPD shall permit and have readily available for examination
and auditing by DEA, the United States Department of Justice, the
Comptroller General of the United States and any of their duly
authorized agents and representatives, any and all records, documents,
accounts, invoices, receipts or expenditures relating to this
agreement. The FWPD shall maintain all such reports and records until
all audits and examinations are completed and resolved or for a period
of three (3) years after termination of this agreement, whichever is
sooner.
10. The Federal Way Police Department (FWPD) shall comply with Title
VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, the Age Discrimination Act of 1975, as amended, and all
requirements imposed by or pursuant to the regulations of the United
States Department of Justice implementing those laws, 28 C.F.R. Part
42, Subparts C, F, G, H and I.
55
11. The FWPD agrees that an authorized officer or employee will .
execute and return to DEA the attached OJP Form 4061/6, Certification
Regarding Lobbying; Debarment, suspension and Other Responsibility
Matters; and drug -Free Workplace Requirements. The FWPD acknowledges
that this agreement will not take effect and no federal funds will be
awarded until the completed certification is received.
12. When issuing statements, press releases requests for proposals,
bid solicitations and other documents describing projects or programs
funded in whole or part with federal money, the FWPD shall clearly
state: (1) percentage of the total cost of the program or project
which will be financed with federal money and (2) the dollar amount of
federal funds for the program or project.
13. The FWPD understands and agrees that HIDTA will provide the
SeaTac HIDTA Task Force (Group D22) Officers with vehicles suitable
for surveillance. HIDTA through DEA will furnish mobile radios for
installation in the HIDTA Task Force vehicles and HIDTA will assume
the cost of installation and removal. HIDTA will be financially
responsible for the purchase of fuel for the leased vehicles and for
providing routine maintenance, i.e., oil changes, lubes and minor
tune-ups via the HIDTA lease contractor. DEA and HIDTA procedures for
reporting and investigating automobile accidents involving Official
Government Vehicles (OGV'S)-HIDTA lease vehicles shall apply to
accidents involving the leased vehicles furnished to the FWPD
personnel, in addition to whatever accident reporting requirements the
FWPD may have.
14. While on duty and acting on task force business, the FWPD officers
assigned to the HIDTA task force shall be subject to all DEA and
federal government rules, regulations and.procedures governing the use
of OGV's for home to work transportation and for personal business.
The HIDTA Executive Committee acknowledges that the United States is
liable for the actions of task force officer, while on duty and acting
within the scope of their federal employment, to the extent permitted
by the Federal Torts Claim Act, 28 U.S.C. 2401 (b) 2671-2680.
15. The term of this agreement shall be effective from the date in
paragraph number one (1) until September 30, 2012. This agreement may
be terminated by either party on 30 days advance written notice.
Billings for all outstanding obligations must be received by DEA
within 90 days of the date of termination of this agreement. HIDTA
will be responsible only for obligations incurred by FWPD during the
term of this agreement.
F'0
For the Drug Enforcement Administration:
Date:
Matthew G. Barnes
Special Agent in Charge
Seattle Field Division
For the Federal Way Police Department Date:
Slv )/. d
Na Brian Wilson
T' e: Chief of Police
57
f -A
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
- OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352 Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriate funds have been paid or will be
Raid, by or on behalf of the undersigned, to any person for in-
fluencing 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 con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and extension, continuation,
renewal, amendment, or modification of any Federal grant 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 at-
tempting 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 grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
c The undersigned shall require that the language of this cer-
ification be included in the award documents -for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
PNSBITES ON, AND OTHERRESOII_l3 SUSPENSION,
ATR
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presentlydebarred, suspended, proposed for debar-
ment declared ineligible sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
b) Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft forgery,
bribery, falsification or destruction of records, making talse
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civillx charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees as
defined at 28 CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide
a drug-free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifyingthe actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
inform employees about -
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may, be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifyin the employee in the statement required by
paragraph ?a) that, as a condition of employment under the
grant, the employee will-
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
58
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying. the aggency, in writing,. within 10 calendar days
after receiving no ice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice off such convic-
tion. Employers of convicted employees must provide notice
including position title to: Department of Justice, Office of
Justice Programs, ATfN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include the iden-
tification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an
employee, up to and including termination consistent with the
requirements of the Rehabilitation Act of 103, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a dru -
ree workplace through implementation of paragraphs (a), (b),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
2800 South 192nd Street
Suite 204
SeaTac, WA 98188
Check ❑ if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check ❑ if the State has elected to complete OJP Form
4061/7.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant l certify that I will not engage
in the unlawful manufacture distribution, dispensing, posses-
sion, or use of a controlled substance in condition any
activity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity,
will report the conviction; in writing within 10 calendar days
of the conviction, to: Department oi' Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Federal Way Police Department
33325 8th Ave South
Federal Way, WA 98003
2. Application Number and/or Project Name
DEA SeaTac HIDTA Task Force (Group D22)
4. Typed Name and Title of Authorized Representative
3. Grantee IRS/Vendor Number
Brian Wilson Chief of Police - Federal Way Police Department
5. Signature
59
6. Date
m
COUNCIL MEETING DATE: September 20, 2011 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CREATE FWRC 6.40.025 OF THE FEDERAL WAY REVISED CODE REGARDING IDENTITY THEFT
POLICY QUESTION: Should the City Council approve and adopt the proposed ordinance creating FWRC
6.40.025, Identity Theft, Nonfelony?
COMMITTEE: PRHS&PS MEETING DATE: 09/13/2011
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Patricia Richardson, CiTy yAttorne DEPT: Law
-- ----- ---------.... ----------.._._..--— — — --. .... ---- -------- — -- - —
Attachments: Proposed ordinance creating FWRC 6.40.025.
Background: The crime of identity theft as outlined in the Revised Code of Washington is a felony. However,
identity theft cases are sometimes declined by King County prosecutors because of limited resources. Federal Way
currently does not have a misdemeanor crime of identity theft that would allow the prosecutor to charge some of the
cases declined by King County. Staff recommends creating a new FWRC 6.40.025, Identity Theft, Nonfelony, that
would allow the City Prosecutor the option to file misdemeanor charges if and/or when felony charges are declined.
Options Considered: 1. Approve the proposed ordinance creating FWRC 6.40.025, Identity Theft, Nonfelony.
2: Modify the proposed ordinance creating FWRC 6.40.025, Identity Theft, Nonfelony.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: DIRECTOR APPROVAL: PfilL
mIttee Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on September 20,
2011 City Council meeting.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (SEPTEMBER 20): "1 move to forward approval of the ordinance to the October
4, 2011 Council Meeting for adoption. "
2"D READING OF ORDINANCE (OCTOBER 4): "1 move approval of the proposed ordinance creating FWRC
6.40.025, Identity Theft, Nonfelony. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
61
felony;
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
identity theft; creating a new section 6.40.025 of the Federal Way
Revised Code.
WHEREAS, the crime of identity theft as outlined in the Revised Code of Washington is a
WHEREAS, identity theft cases that result in a loss to the victim of less than $1,000.00 are
on occasion being declined by King County prosecutors; and
WHEREAS, Federal Way does not currently have a crime of misdemeanor identity theft; and
WHEREAS, the City Council finds that the creation of a new F WRC 6.40.025 is in the best
interests of the residents of the City of Federal Way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. The sections list of Chapter 6.40 FWRC is hereby revised as follows:
Chapter 6.40
DISHONESTY
Sections:
6.40.010
Frauds and swindles.
6.40.020
False representations.
6.40.025
Identity theft, nonfelony.
6.40.030
Forgery, nonfelony.
6.40.040
Brand and marks, crimes relating to.
6.40.050
Massage practitioners.
6.40.060
Crimes involving business regulations.
6.40.070
Crimes involving pawnbrokers and secondhand dealers.
Section 2. A new section 6.40.025 is hereby adopted as follows:
6.40.025 Identity Theft, nonfelony
(1) Definitions. The followinq definitions are applicable in this chapter unless the context
otherwise requires:
Ordinance No. H -
62
Page 1 of 3
Rev 1/10
(a) "Financial information" means any of the following information identifiable to the
individual that concerns the amount and conditions of an individual's assets liabilities or credit:
(i) Account numbers and balances;
(ii) Transactional information concerning an account; and
(iii) Codes passwords social security numbers tax identification numbers, driver's
license or permit numbers state identicard numbers issued by the department of licensing, and
other information held for the purpose of account access or transaction initiation.
(b) "Means of identification" means information or an item that is not describing finances
or credit but is personal to or identifiable with an individual or other person including: A current
or former name of the person telephone number, an electronicaddress, or identifier of the
individual or a member of his or her family, including the ancestor of the person; information
relating to a change in name address telephone number, or electronic address or identifier of
the individual or his or her family a social security, driver's license or tax identification number of
the individual or a member of his or her family' and other information that could be used to
identify the person including unique biometric data
(c) "Victim" means a person whose means of identification or financial information has
been obtained used or transferred with the intent to commit or to aid or abet any unlawful
activity.
(2) A person is guilty of identity theft, nonfelony, if he or she knowingly obtains possesses,
uses or transfers a means of identification or financial information of another person, living or
dead with the intent to commit or to aid or abet any crimeand the total amount of loss by the
victim(s) of the identity theft is less than $1,000.
(3) A person who violates this section is liable for civil damages of$1,000 or actual
damages whichever is greater, including costs to repair the victim's credit record, and
reasonable attorneys' fees as determined by the court.
(4) In a proceeding under this section the crime will be considered to have been committed
in any locality where the person whose means of identification or financial information was
appropriated resides or in which any part of the offense took place regardless of whether the
defendant was ever actually in that locality.
(5) The provisions of this section do not apply to any person who obtains another person's
driver's license or other form of identification for the sole purpose of misrepresenting his or her
age.
(6) Identity Theft nonfelony is a gross misdemeanor.
(7) This section is intended to supplement city jurisdiction in cases of identity theft declined
by the county. If a person is charged withidentity theft under state law for a particular incident
they shall not be charged under this section If a state agency wishes to charge an identity the
case under state law the city shall dismiss its case to allow that to happen.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
Ordinance No. 11 -
63
Page 2 of 3
Rev 1/10
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification., Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this _ day of October 2011.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. H -
64
Page 3 of 3
Rev 1/10
COUNCIL MEETING DATE: September 20, 2011. ..#:
- ..........
_.. _....
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMEND SECTIONS OF THE FEDERAL WAY REVISED CODE TO COMPLY WITH SENATE BILL 5168.
POLICY QUESTION: Should the City Council approve and adopt the proposed ordinance amending FWRC
6.15.020 and 6.05.070 to comply with Senate Bill 5168?
COMMITTEE: PRHS&PS MEETING DATE: 09/13/2011
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
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STAFF REPORT BY: Patricia Richardson, City Attorney _ _ _ _ DEPT: Law
Attachments: Proposed ordinance amending FWRC 6.15.020 and 6.05.070 to comply with SB 5168.
Background: Effective July 22, 2011, the State Legislature passed SB 5168, which reduces the maximum
sentence for a gross misdemeanor from 365 days to 364 days. The Federal Way Revised Code contains two
sections that refer to the maximum sentence for a gross misdemeanor as "one year." The attached proposed
ordinance recommended by staff would update these two sections to comply with SB 5168.
Options Considered: 1. Approve the proposed ordinance amending FWRC 6.15.020 and 6.05.070.
2. Modify the proposed ordinance amending FWRC 6.15.020 and 6.05.070.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: DIRECTOR APPROVAL: �I1►�- 7K
•omuv Council Committee Council
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on September 20,
2011 City Council meeting.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
IST READING OF ORDINANCE (SEPTEMBER 20): "1 move to forward approval Of the ordinance to the October
4, 2011 Council Meeting for adoption. "
2" READING OF ORDINANCE (OCTOBER 4): `I move approval of the proposed ordinance amending FWRC
6.15.020 and 6.05.070. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
65
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the maximum penalty for a gross misdemeanor; revising sections FWRC
6.15.020 and 6.05.070. (Amending Ord. Nos. 91-89, 06-518 and 09-601)
WHEREAS, effective July 22, 2011, the Washington State Legislature passed SB 5168,
which reduces the maximum sentence for a gross misdemeanor from 365 days to 364 days; and
WHEREAS, the Federal Way Revised Code contains two sections that refer to the maximum
sentence for a gross misdemeanor as "one year;"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. FWRC 6.15.020 is hereby amended as follows:
6.15.020 Vehicular assault, nonfelony.
(1) A person is guilty of vehicular assault, nonfelony, when he or she (a) knowingly operates or
knowingly is in actual physical control of a vehicle; and (b) while doing so commits any act
defined as an infraction under FWRC Title 8 or RCW Title 46; and (c) such conduct is a
proximate cause of death, great bodily harm or substantial bodily harm to another. As used in
this section, "great bodily harm" and "substantial bodily harm" have the same meanings as in
RCW 9A. 04.110 and "vehicle" has the same meaning as in RCW 46.04.670, as those statutes
now exist or may hereafter be amended. This section is intended to protect the public welfare.
No mens rea element that is not specifically stated in this section shall be inbrred or required.
Prosecution or punishment under this section shall not preclude separate prosecution or
punishment for any other crime.
(2) Any person who violates the provisions of this section is guilty of a gross misdemeanor
and, upon GenViGtion, shall be iMPF*Sened for up to one yeaF and be subject to fines of ne mar
than $5,-000.
Section 2. FWRC 6.05.070 is hereby amended as follows:
6.05.070 Penalty.
(1) Unless otherwise provided, any person convicted of a gross misdemeanor shall be
punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed364
daysene-year, or by both such fine and imprisonment.
(2) Unless otherwise provided, any person convicted of a misdemeanor shall be punished by
a fine not to exceed $1,000 or by imprisonment in jail for a term not to exceed 90 days, or by
both such fine and imprisonment.
Ordinance No. 11 -
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(3) A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50
RCW adopted by reference shall be punished by imprisonment for notless than 24 consecutive
hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine
shall not be less than $500.00. These fines shall be in addition to any other fine or penalty
imposed. Unless the court finds that the 'reposition of the minimum imprisonment will pose a
substantial risk to the defendant's physical or mental wellbeing or that local jail facilities are in
an overcrowded condition, the minimum term of imprisonment shall not be suspended or
deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a
minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or
deferred, the court shall state in writing the reason for granting the suspensionor deferral and
the facts upon which the suspension or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended or deferred.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
Ordinance No. H -
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PASSED by the City Council of the City of Federal Way this _ day of October 2011.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. II -
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