PRHSPSC PKT 09-11-2012 City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
September 11, 2012 City Hall
5:30 p.m. Hylebos Conference Room
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: August 14, 2012 3 Action N/A
B. 2012 Emergency Management Performance Grant Award Gross 5 Action Consent
9/18
C. King County Regional 800 MHZ Radio System — Poor Radio Signal Wilson 35 Information N/A
Coverage in Federal Way
D. Proposed Modification to Federal Way Revised Code 2.05.170 and Priest 39 Action Ordinance
2.05.180 Concerning Public Defense Standards First Reading
9/18
E. Proposed Resolution Establishing a Case Weighting System for Priest 43 Action Resolution
Public Defenders 9/18
F. Proposed Resolution Supporting Efforts to Stop all Bullying within Richardson 59 Action Resolution
the City 9/18
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
• Concept of Housing in South King County
• Festival Days
6. NEXT MEETING: Monday, October 8, 2012 5:30pm - Hylebos Conference Room
7. ADJOURNMENT
Committee Members City Staff
Susan Honda, Chair Cary M.Roe,RE.,Director of Parks,Public Works and Emergency Management
Roger Freeman Mary Jaenicke,Administrative Assistant II
Linda Kochmar
K:\PRHSPS Committee\2012\091112 prhsps ag.doc
City of Federal Way
City Council
PARKS,RECREATION, HUMAN SERVICES &PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday,August 14,2012
5:30 p.m.
SUMMARY
Committee Members in Attendance: Chair Honda,Committee members Freeman,and Kochmar.
Council members in Attendance: Council members Duclos and Burbidge
Staff Members in Attendance:Cary Roe,Director,Parks&Public Works,Amy Jo Pearsall,City Attorney,Jay
Bennett,Community Services Manager Dee Dee Catalano,CDBG/Human Services Coordinator,and Mary Jaenicke,
Administrative Assistant II.
Guest: Ron Secreto,Chair Human Services Commission;Kathryn Scanlon,Human Services Commission,Mary
Ellen Stone King County Sexual Assault Resource Center(KCSARC),Pat Noecker Pregnancy Aid of South King
County,David Chung MSM/Evergreen Club.
Chair Honda called the meeting to order at 5:32p.m.
Committee member Freeman moved to amend the agenda to add"Parade and Festival Days",and to discuss
using Lodging Tax for funding. This was added as item D,for discussion only. Committee member Kochmar
seconded.Motion passed.
Public Comment: Mary Ellen Stone(KCSARC):Thanked them for the funding that they will be receiving. She is
asking that the$5,000 reduction in funding be restored. Ms.Stone reported that there were 115 victims of sexual
assault in Federal Way in the first six months of 2012.Almost 80%of them were children and youth. She stated that
the KCSARC offers many services that are not available from other organizations. The$5,000 reduction translates
into about 50 man hours.
Pat Noecker—Pregnancy Aid-South King County: Asked them to reconsider funding for their organization.There
are 252 families from Federal Way that come to Pregnancy Aid.The Auburn and Kent offices do not serve Federal
Way residents.The Federal Way location has no boundaries—they serve whoever walks in the door.They have
received funding in the past and it was a significant help.
David Chung—MSM/Evergreen Club:Asked that the$5,000 they requested be restored. They have two vans and
need the funding to pay for driver's to transport members to the Federal Way Community Center. They have
programs there on Tuesdays and Thursdays.
Commission Comment: Mr. Secreto stated that the job that the Human Services Commission goes through to
decide on which organizations will receive funding is getting harder every year. There were three teams of
commissioners,each taking 1/3 of the 76 applications that they had.This is the most applications they have had. It is
very difficult to decide who will not be receiving funding. Mr. Secreto reviewed the rating system for the agencies
applications. They were also prioritized by which agencies that were in Federal Way or very close proximity and are
serving the most Federal Way residents,and agencies that have been with them a long time and they know that they
can do the job.
APPROVAL OF SUMMARY
Committee member Freeman moved to approve the July meeting summary. Committee member Kochmar
seconded.Motion passed.
BUSINESS ITEMS
2013-2014 Human Services General Fund Grants Funding Recommendations
Mr.Bennett stated that 76 applications were submitted for review with a combined request of nearly$1.2 million
dollars.Mr.Bennett reviewed the four City Council Human Services Funding Strategies. Previously,the City
Council had mandated that at least 37%of all funding be directed to Strategy#1 which is Basic Human Services
Needs through Emergency Services. A retreat was held on June 21 to review and discuss the 2013/14 applications.
Two separate sets of preliminary recommendations were developed based on 2 separate City Council funding
allotments.Scenario 1 is based on a total funding amount of$602,465 and Scenario 2 is based on a total funding
amount of$516,465. The 2013-14 Final Funding Recommendations based on the four strategies were reviewed.
Committee member Freeman commented that the King County Bar Association does not need funding. They have
3
K:IPRHSPS Committeel2012\081412 min.doc
PARKS,RECREATION,HUMAN SERVICES& PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday,August 14,2012 Summary
Page 2
many fundraisers which raise a lot of money. He would like to cut their funding in half and give that money to the
Korean Seniors in Federal Way. Mr.Bennett stated that the Bar Association spoke at the Public Hearing. They do a
lot of work for people in Federal Way to prevent them from being evicted from their home and becoming homeless.
They indicated that they will provide legal services for 875 residences. 161 of those residences will be paid from
these funds. Committee member Kochmar asked the HSC Chair what his opinion was on the Bar Association. He
answered that he understands Mr.Freemans point,but he knows they do good work for Federal Way,and that he can
back what they asked for. Mr.Bennett stated that staff would encourage the Council to not go below a funding
amount of$5,000. It becomes tedious to manage a contract for a small amount. Committee member Kochmar asked
what the recommendation would be for the$1500.After discussion on the$1500,it was decided to have it go back
to commission and have them decide what to do with it. Council member Duclos suggested that a$1500 contract
could be a sub-contract of a like agency. Staff would not have to administer the contract. Committee member
Kochmar moved to refer the recommendations for the 2013-2014 Human Services General Grants Funding
back to the Human Services Commission for their review and recommendation and to be placed on the
September 4 consent agenda for approval. Committee member Freeman seconded. Committee member
Freeman stated that if the HSC after hearing the discussion that took place tonight decides not to do anything then
that would be fine too.He wanted to raise it as a potential issue for review,but it does not need to have an action.
Motion passed.
2013-2014 Community Development Block Grant(CDBG)Funding Recommendations
Mr.Bennett stated that as a direct entitlement city,Federal Way receives CDBG money. The city can allocate up to
15%to Public Service projects and 20%to Planning and Administration. The Human Services Commission is
proposing to fund 5 agencies for a total of$86,465,and funding the full 20%of the 2013 entitlement grant award to
the Planning and Administration budget to administer the CDBG program for a total of$115,290. A public meeting
was held on August 1,after hearing public comment,the Commission approved their final funding recommendations.
Committee member Kochmar moved to approve the Human Services Commission's funding recommendation
for the 2013-2014 CDBG Public Services grants,the Planning&Administration budget,and the Conditions
of Funding to the full Council September 4,2012 consent agenda for approval. Committee member Freeman
seconded.Motion passed.
Parade and Festivals
Council member Duclos stated that she supported the parade,and that she would like to have it built around an
event.Committee member Freeman would like to use Lodging Tax money to put on a festival. He would like to
enlist the help from the Chamber and put together a calendar of events.Committee member Kochmar would like an
outline on what the requirements would be of putting on a parade and a community event. The city of Auburn has a
staff person that organizes events every year,and they get a lot of help from service organizations and the
community. Mr.Roe responded that we have lost staff over the past three years,and it is a challenge.It takes a lot of
staff time to pull something together. Historically the events that have been held in the past have been driven by
volunteers.He cautioned that they would need to look at staff workload,prioritize and decisions would have to be
made about what tasks get removed,or get moved down on the priority list.Council member Burbidge stated that
there needs to be a focus. There are 3 community parades in Federal Way every year. Putting on the Red White and
Blues festival is a huge use of resources,and involves all of the PRCS staff. She agrees that there needs to be
involvement from community,volunteers and the Chambers needs to take a leading role. She said that Council
needs to take the initiative and talk to the Chamber or any other community groups. She does not believe that we
have enough staff to do this and maintain the essential services of the city.Committee member Kochmar would like
to invite the event coordinator from Auburn,someone from the Chamber,and somebody from Sandblast to come to a
future committee meeting to talk about this.Chair Honda stated that if we had funding,assistance from the city and
some direction there would be a chance of being successful.Committee member Freeman agreed that it is a matter of
funding,and that he could get the volunteers.A proposal needs to be presented to the Lodging Tax Committee. Cary
will contact the staff person from the City of Auburn,and the committee will contact the Chamber and a sandblast
representative. Council member Ferrell is also in support of this.
Chair Honda reported that the meeting date in October may need to be changed;a debate is scheduled for that same
evening.
NEXT MEETING
September 11,2012
ADJOURNMENT
Meeting adjourned at 6:48p.m. 4
COUNCIL MEETING DATE: September 18th,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:2012 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD
POLICY QUESTION:
Should the City of Federal Way accept the 2012 Emergency Management Performance Grant award to fund the
Emergency Management Specialist position and to help fund the mass notification system CodeRed?
COMMITTEE: PARKS,RECREATION,HUMAN SERVICES,AND PUBLIC MEETING DATE: September 11th,
SAFETY COMMITTEE 2012
CATEGORY:
►1 Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ray Gross, Deputy Emergency Manager DEPT: Public Works
Attachments:
Memorandum
2012 Emergency Management Performance Grant(EMPG)Award contract
Options Considered:
Option 1. Accept the 2012 Emergency Management Performance Grant Award.
Option 2. Do not accept the 2012 Emergency Management Performance Grant award and
provide direction to staff.
MAYOR'S RECOMMENDATION: Approval of Option 1,to accept the 2012 Emergency Management
Performance Grant Award. ,�
MAYOR APPROVAL: DIRECTOR APPROVAL: ����'f A
Corn ee Council Initial
COMMITTEE RECOMMENDATION: I move to forward the 2012 Emergency Management Performance Grant
award to the September 18th City Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of accepting the 2012 Federal Emergency Management
Performance Grant award "
(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#
5
CITY OF FEDERAL WAY
MEMORANDUM
DATE: August 27th,2012
TO: Parks,Recreation,Human Services,and Public Safety Committee
VIA: Cary M. Roe,P.E., Director of Parks, Public Works,and Emergency Management
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 2012 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 $37,154 and has $37,154 in matching funds. The performance period of
the 2012 EMPG is from June 1, 2012 through August 31, 2013.
The City of Federal Way Emergency Management Division would like to use the awarded
EMPG funds to continue funding of the Emergency Management Specialist position in the year
2012 and 2013. 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
6
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
City of Federal Way
PROJECT DESCRIPTION CONTRACT NUMBER
Emergency Management Performance Grant 2012 E12-319
sn..,;: a:g,e€,. . s.nR., ,.tea+ .., "��kt. i .Za> s i _ -4t z» :k , ... ,?i;s r*t a . .�- . . - -
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Skip Priest Mayor
&le fri X ..._. Cary M. Roe, P.E. Director of Parks, Public Works,
Emergency Management
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
S IGNATURE PRINT OR TYPE NAME TITLE
Cary M. Roe, P.E. Director of Parks, Public Works,
7m Emergency Management
irRay Gross, C.E.M. Deputy Emergency Manager
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
(------67"--) "11 Cary M. Roe, P.E. Director of Parks, Public Works,
Emergency Management
. ,A, -4t/ifi7/— Ray Gross, C.E.M. Deputy Emergency Manager
t1 NAC-11VOL1U IOMBKARENB\....1WPISIGNAUTH Revised 5/00
7
Form WEN9 Request for Taxpayer Give Form to the
(Rev.January 2011) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
Name(as shown on your income tax return)
City of Federal Way
N $usiness name/disregarded entity name.if different from above
c
to
o- Check appropriate box for federal tax
o classification(required)' ❑individual/sole proprietor ❑ C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate
o c
0
o Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P_ ershi ► ❑Exempt payee
❑ ty pang- (C- Paa -parts pl
o
= o,
a. C ❑ Other(see instructions)►
F_ Address(number.street,and apt.or suite no.) Requester's name and address(optional)
v
S. 33325 8th Avenue South
CO City,state,and ZIP code
C Federal Way,WA,98003
List account number(s)here(optional)
Part l Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number
to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - -
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a -
TIN on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose I Employer identification`umber '
number to enter.
9 1 - 1 4 6 2 5 5 0
Part II Certification
Under penalties of perjury,I certify that
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. I am not subject to backup withholding because:(a)lam exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as-a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding,and
3. 1 am a U.S.citizen or other U.S.person(defined below).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 4.
Sign Signature of
Here us.person► Date
General Instructions Note.If a requester gives you a form other than Form W-9 to request
your TIN,you must use the requester's form if it is substantially similar
Section references are to the Internal Revenue Code unless otherwise to this Form W-9.
noted. Definition of a U.S.person.For federal tax purposes,you are
Purpose of Form considered a U.S.person if you are:
A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien,
obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or
example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States,
you paid,acquisition or abandonment of secured property,cancellation •An estate(other than a foreign estate),or
of debt,or contributions you made to an IRA.
•A
Use Form W-9 only if you are a U.S.person(including a resident domestic trust(as defined in Regulations section 301.7701-7).
alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or
requester)and,when applicable,to: business in the United States are generally required to pay a withholding
tax on any foreign partners'share of income from such business.
1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a
number to be issued), partnership is required to presume that a partner is a foreign person,
2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a
3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United
payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income.
is not subject to the withholding tax on foreign partners'share of
effectively connected income.
Cat.No.1023IX Form W-9(Rev.1-2011)
8
Washington Military Department Contract Number:Ell-319
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
City of Federal Way
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
or Solicitation#,if any: Identifier(UBI) Identification#:
33325 8th Avenue South,Federal Way,WA 98003 601223538 91-1462550
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies,including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR,debarred, suspended, ineligible,or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to,check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended,debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies,including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date:
Print Name and Title: Cary M. Roe, P.E.
9
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub-grantee Name and Address: 2. Grant Agreement Amount 3. Grant Agreement Number
City of Federal Way
3325 8"'Avenue South $37,154 El 2-319
Federal Way,WA 98003-6325
4. Sub-grantee Contact,phone number: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Ray Gross,253-835-2712 June 1,2012 August 31,2013
7. Department Program Manager,phone number: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue):
Sierra Wardell,(253)512-7121 61-250-9901 601-223-538
10. Funding Authority:
Washington State Military Department(the"DEPARTMENT")and the U.S. Department of Homeland Security(OHS)
11. Federal Funding Source 12. Department 13. Catalog of Federal Domestic Assistance 14. TIN:
Agreement#: Funding Code(P1): (CFDA)#&Title: 91-1462550
EMW-2012-App-00071 723PT 97.042 EMPG
15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 30 Certified?: X N/A ❑ NO
(BY CONGRESSIONAL DISTRICT):9 King ❑ YES,OMWBE#
18. Agreement Classification 19. Contract Type(check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ NE ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Sub-Grantee Selection Process: 21. Sub-Grantee Type(check all that apply)
X "To all who apply&qualify° ❑ Competitive Bidding ❑ Private Organization/lndividual ❑ For-Profit
❑ Sole Source ❑ NE RCW ❑ N/A X Public Organization/Jurisdiction ❑ 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
Dan Swisher,Chief Financial Officer Cary M. Roe
Emergency Management Division Director of Parks, Public Works,&Emergency Management
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable):
Brian E. Buchholz, Signature on file Date 6/13/2012
Assistant Attorney General Applicant's Legal Review Date
Form 6/13/2012 wjg
DHS-FEMA-EMPG-FFY 12 Page 1 of 24 City of Federal Way
E12-319
10
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 Ray Gross Name Sierra Wardell
Title Deputy Emergency Manager Title EMPG Program Manager
E-Mail Ray.gross @cityoffederalway.com E-Mail sierra.wardell@mil.wa.gov
Phone 253-835-2712 Phone 253-512-7121
Name Cary M. Roe Name Gary Stumph
Title Emergency Manager Title EMPG Program Coordinator
E-Mail Cary.roe@cityoffederalway.com E-Mail gary.stumph @mil.wa.gov
Phone 253-835-2701 Phone 253- 512-7483
Name Name Olivia Hollowwa
Title Title EMPG Program Coordinator
E-Mail E-Mail olivia.hollowwa@mil.wa.gov
Phone Phone 253-512-7149
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
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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 "FY 2012 Emergency Management Performance Grants (EMPG)
Program Funding Opportunity Announcement (FOA)", 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
complete and return to the Department Attachment #1, Attachment #1 attached to and
made a part of this Agreement.
ARTICLE HI —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.
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 a
signed 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 "all 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
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 the Sub-grantee is not
current with all reporting requirements contained n this Agreement.
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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. If a Sub-grantee will not be applying for grant funding
during the next annual grant cycle application process, a final report will be submitted to the
Department detailing progress on all activities listed in the 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 induding all questions of liabiliy. 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 the 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 a 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 b 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:
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.
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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.
10. Allowable equipment categories for the FY 2012 EMPG Program are listed on the web-
based version of the Authorized Equipment List(AEL) located at the Responder Knowledge
Base at httpi/www.rkb.usl. Reimbursement wil only be provided for equipment that(1) is
on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through
the Department; Sub-grantees must contact the Department representative for assistance
in seeking FEMA approval for equipment not on the AEL. Unless expressly provided
otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted
standards to be eligible for purchase using EMPG funds. In addition, Sub-grantees must
obtain and maintain all necessary certifications and licenses for the equipment. Sub-
grantees rantees are solely responsible for ensuring equipment eligibility
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 at
http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm.
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.
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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f. 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 2012 (FFY12)federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS)compliance requirements for 2012 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 nation sub-grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY11. 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:llwww.fema.gov/emergency/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/N1MSTrainingCourses.shtm.
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 FFY12 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 the 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$37,154 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 wid 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 FFY12
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)/
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 indudes 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-GRANTEES 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 indude 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 indude 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 indude 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.
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A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB-GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE"ADA"28 CFR Part 35.
The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that
the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub-
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non-procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub-awards to sub-recipients for any amount. With respect to covered
transactions, the SUB-GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub-contractor or sub-recipient or by checking
the 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,
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direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement.
The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.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
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omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE,or SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/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,
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honorably discharged veteran or military status, or disability (physical, mental, or
sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Grant Agreement.
A.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(OSHANVISHA)
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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A23 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, OHS, 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 WORKNVORK PLAN
While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the 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 (induding 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 independert 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, induding, 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.
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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
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
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costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence,
the termination shall be deemed to be a"Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below,if the DEPARTMENT terminates this Grant
Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB-
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed
work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. 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 b 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,
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if the Grant Agreement had been completed, would have been required to be
furnished to the DEPARTMENT;
f. Complete performance of such part of the work as shall not have been
terminated by the DEPARTMENT in compliance with all contractual
requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require,
for the protection and preservation of the property related to this Grant
Agreement which is in the possession of the SUB-GRANTEE and in which the
DEPARTMENT has or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB-GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking)that are authorized under this Agreement
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES(MWBE)
The SUB-GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Grant
Agreement. The SUB-GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENTs 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.
APPROVED 6/13/2012
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Exhibit C
2012 Emergency Management Program Workplan
>-
H
V Agency: City of Federal Way
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
five elements of emergency management: prevention; protection; response; recovery, and mitigation.
Washington State does not require a specific number of activities to receive EMPG funding, however, there are
required capabilities that must be conducted in order to remain eligible for EMPG funding, including the ability to
communicate and warn, educate the public, train and exercise, plan and be NIMS compliant
Core
Capability or Recovery Planning
1 EMF
General Plan for 12EMPG: Formalize draft of Community Recovery& Redevelopment plan.
Core
Capability or Response I Public Information and Warning
2 EMF
General Plan for 12EMPG: Continue to engage community in the use of Code-Red and develop social
media outlet.
Core
Capability or Response/Public and Private Services and Resources-Community
education&outreach
3 EMF
General Plan for 12EMPG: Continue community outreach programs via Disaster Academies, CERT,
Net and other presentations.
Core
Capability or Recovery 1 Operational Coordination
4 EMF
General Plan for 12EMPG:To conduct one or more Recovery Operations Center Table Top
Exercises.
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Exhibit D
MILESTONE TIMELINE
FFY12 Emergency Management Performance Grant Program
MILESTONE TASK
June 1, 2012 Start of Grant Agreement performance period.
August 31, 2013 End of grant performance period.
October 15, 2013 Submit all final reports, requests for reimbursement and/or
deliverables.
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Exhibit E
Budget Sheet
FFY12 Emergency Management Performance Grant Program
Category Amount
Salaries and Benefits $12,128
In-Direct Costs $
Travel $
Equipment $
Supplies $
Telephones $
IT $
Printing $
Janitorial/Maintenance $
Subcontractor $
Other $25,026
IFFY12 EMPG Award 37,154
• The award for City of Federal Way award is based on the FFY11 allocation factor of 18.1%
of approved local/tribal emergency management operating budgets.
• City of Federal Way will provide a match of 50%of the total project cost($37,154)of non-
federal origin.
• A total of 5% of this award can be used to pay for management and administration of this
contract.
• Cumulative changes to budget categories in excess of 10%of the contract award will not be
reimbursed without prior written authorization from the Department.
• This award will not be used to supplant the local/tribal funds.
• The Department's Reimbursement Spreadsheet will accompany each reimbursement
request submitted.
• The Contractor agrees to make all records available to Military Department staff, upon
request.
Funding Source: U.S. Department of Homeland Security-Pl#723PT-EMPG
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ATTACHMENT#1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006(P.L. 109-282)(FFATA)
The Federal Funding Accountability and Transparency Act(FFATA)was signed on September
26, 2006.The FFATA legislation requires information on federal awards(federal financial
assistance and expenditures) be made available to the public via a single, searchable website.
Federal awards include grants, subgrants, loans,awards,cooperative agreements and other forms
of financial assistance as well as contracts, subcontracts, purchase orders,task orders,and
delivery orders.The legislation does not require inclusion of individual transactions below
$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased,the act is triggered. Due to this variability in compliance
Subrecipients are required by the Military Department to be familiar with the FFATA
requirements and complete this Worksheet for each contract for the State's submission in to the
FFATA portal.
ADDITIONAL PROVISIONS
A.This 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
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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:
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more_in
annual gross revenues from Federal awards;and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If(1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and$25,000,000 or more in annual gross revenues from
Federal awards, and(2)the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a)or 15(d)of the Securities and Exchange Act of 1934(15 U.S.C. §§ 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below.
DHS-FEMA-EMPG-FFY 12 Page 23 of 24 City of Federal Way
E12-319
32
WORKSHEET
Subrecipient Agency: C j of Fede;ra/ WQ
Grant and Year: 010)a., Agreement Number: f/(2
319
Completed by: n n dn� a�
Name K4 Groff Title Qe Inter tHr / yeYTe%hone IA
Date Completed:
... .3 n,� ..91a :s. 'Pk__ •J''�� ,y�'�^'•�di 7 ;>w`)" �..+ P`'v!' ��,c<.'e4`;d,.klEUalr;;�e_.Pi,.,trst::v,�e..v�..*_�_....e`.si..cn.,.. _ _.,,a;��,.—..a.........,...,. ,o-d e�.,,ri_..,.m:7 u
Is your grant agreement less than$25,000? YES STOP,no further analysis NO GO to Step 2
r' needed,GO to Step 6
!`'` x. a .'. ��.t...x. ..,xavuti.
In your preceding fiscal year,did your YES NO STOP,no further
organization receive 80%or more of its annual r, GO to STEP.3 analysis needed,GO
gross revenues from federal funding? , to Step 6
.. .3; � .. � >.. n.•TaP -u.,,� -i .$ a �rs&.p,,�: ,.�a�.�:�. � �� 3'.flcm ,m.,e4�;- ,.,v���m., ....... , .,...,a...,�'� ..._.E..a rU,w ba,�,.,.� ..In your preceding fiscal year,did your YES NO STOP,no further
organization receive$25,000,000 or more in r, GO to STEP 4 j-, analysis needed,GO
federal funding? to Step 6
. , d�3` "A vr Pro-aka rx
Does the public have access to information about YES NO
the total compensation*of senior executives in STOP, no further analysis GO to STEP 5
your organization? r needed,GO to step 6 r
Executive#1 Name:
Total Compensation amount: $
Executive#2 Name:
Total Compensation amount: $
Executive#3 Name:
Total Compensation amount: $
Executive#4
Name:
Total Compensation amount: $
Name:
Executive#5
Total Compensation amount $
, f ...`Y„S � -. � R:H.�w.-•A � 3a 4 4 l L,v� �a�fv��w.ara�....a>o ± i� . svaaSVu*. ,.(k
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Example:"Our organization received less than$25,000-"
6,1-Y cc Fete,-i1 Wuy d'ci vi 1- i^ece, ve 6-Os o,'' 'More or 'Tr et N fit ti� .JVof/
Yc v vtu el Fvo.t ,/e�-(w/ 144 se
Signature: "fad`-14 Date: °27"070101
*Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options,and stock appreciation rights
• Other compensation including, but not limited to,severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse.gov/omb/open
http://www.hrsa.gov/grants/ffata.html
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf
http://www.grants.gov/
DHS-FEMA-EMPG-FFY 12 Page 24 of 24 City of Federal Way
E12-319
33
COUNCIL MEETING DATE: N/A ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: King County Regional 800 MHZ Radio System—Poor Radio Signal Coverage in Federal Way
POLICY QUESTION: Information Only
COMMITTEE: Parks,Recreation,Human Services and Public Safety MEETING DATE: Sept. 11,2012
Council Committee-(PRHS&PS)
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other—Information
Only
STAFF REPORT BY: DEPUTY CHIEF ANDY J.HWANG DEPT: Police Department
Attachments:
1. PRHS&PS Staff Report
Options Considered:
.MAYOR'S RECOMMENDATION:N/A
MAYOR'S APPROVAL: i n DIRECTOR APPROVAL:L1.1v ho-Le ii j A t /11-4 13 2
mmitt e� Council Co. 4w:'Nr Counci
COMMITTEE RECOMMENDATION: N/A
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#
35
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 11, 2012
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Polic .N
SUBJECT: King County Regional 800 I P Radio System—Poor Radio Signal Coverage in
Federal Way
Background
This report is to inform the Council of the on-going effort by city staff, Police and other
government and non-government agencies to address the inadequate radio signal coverage in a
portion of the City,particularly the west side in police Sector 1.
When the Federal Way Police(FWPD)began providing police services in October of 1996,the 800
MHZ system was in place. Police officers experienced reception and transmission problems in parts
of the City from the onset;some measures were taken to impact poor reception,but finally in 2005
due to officer safety concerns FWPD started to pursue a system fix to the poor
reception/transmission issues.
The FWPD began working with Valley Communications,and a representative from the King County
Radio Communications Services(KCRCS). Several tests of the system were conducted in 2005 and
2006 with the conclusion being that FWPD Sector 1, Westside of the City,has low levels of usable
radio signal. This results in an inability of users/dispatch centers to communicate effectively.
King County Radio Communications Services continued to conduct tests,review data,and consult
with outside engineering firms from September 2007 until October 2008. In January of 2009, the
King County Radio Communications Services recommended that a funding source be sought for six
million dollars, which would be necessary to implement an infrastructure solution(new simulcast
site)to improve signal strength. In the meantime,the FWPD at the recommendation of KCRCS has
performed maintenance on all of the radios which resulted in no noticeable change,and we continue
to field complaints from the officers in the field.
It has been suggested to us that the Next Generation Radio System will be properly designed and
constructed to avoid a similar problem. However, the current 800 MHZ Radio Communication
System posses a risk to the public and first responders, and in the interim the system should be
repaired or modified to meet the needs of the current users. Our community and emergency
responders simply cannot afford to wait several years for the new system to come on line and we
believe that other jurisdictions are also impacted.
1
36
Some of the other options that were considered during the study period included reconfiguration of
antenna systems at a site near Federal Way and use of the City of Tacoma Simulcast Site located on
Indian Hill. The suggested maintenance of the radios have failed to improve the users experience to
an acceptable level, and the enclosed infrastructure solutions and other options should be
aggressively pursued to find a lasting solution until the Next Generation Radio System Project is
completed.
The Police Department and other city staff are actively communicating with King County
officials to find a lasting solution to this ongoing issue, and will keep council informed of our
progress.
2
37
COUNCIL MEETING DATE: September 18,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:PROPOSED MODIFICATION TO FEDERAL WAY REVISED CODE 2.05.170 AND 2.05.180 CONCERNING
PUBLIC DEFENSE STANDARDS
POLICY QUESTION: Should the City Council modify the Federal Way Revised Code sections 2.05.170 and
2.05.180 to comply with the Washington Supreme Court Order regarding public defense standards?
COMMITTEE: PRHS&PS MEETING DATE:9/11/12
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Mayor Priest DEPT:Mayor's Office
Attachments: Proposed ordinance modifying FWRC 2.05.170 and 2.05.180 to comply with the Supreme
Court Order regarding Public Defense Standards.
Options Considered: 1. Adopt the proposed ordinance.
• 2. Modify the proposed ordinance.
MAYOR'S RECOMMENDATION:Option 1
MAYOR APPROVAL: DIRECTOR APPROVAL:
Commi e Council Initial
COMMITTEE RECOMMENDATION:I move to forward the proposed ordinance to First Reading on September 18,
2012.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (SEPTEMBER 18,2012): "I move to forward approval of the ordinance to the
October 2, 2012 Council Meeting for adoption."
2ND READING OF ORDINANCE(OCTOBER 2,2012): "I move approval of the proposed ordinance.-
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED In reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE it
REVISED—08/12/2010 RESOLUTION#
39
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington,relating to
Public Defense Standards; amending Federal Way Revised Code
2.05.170 and 2.05.180.(Amending Ordinance Nos. 11-696,and 09-609)
WHEREAS, the City of Federal Way City Council adopted Public Defense Standards;and
WHEREAS,the Public Defense caseload was to be correlated with the number and types of
cases charged by the prosecutors; and
WHEREAS, the Washington State Supreme Court issued an order on June 15, 2012,
establishing a numeric caseload for misdemeanors at four hundred per year;or three hundred per year
if the local government adopts and publishes the implementation of a numerical weighting system;
and
WHEREAS, the City Council finds it is in the best interest of the citizens to adopt a
numerical weighting system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1.Chapter 2.05.170 of the Federal Way Revised Code is hereby amended to read as
follows:
2.05.170 Caseload.
Caseloads anticipated in a contract for public defender services should allow each client the
time and effort necessary to ensure effective representation. Anticipated caseloads should take
into account both the number and types of cases anticipated, charging practices,plea bargaining
practices,and case handling practices including diversions and other administrative procedures in
use or expected to be used. Public defenders should not accept more cases than can be reasonably
managed,and case load Iimits slbeare determined by the adopted case-weighting
policy• . .. . _ . . . . . . . . ' . l
.. . - . . . . - - . • .. . . -
Ordinance No. 12- Page 1 of 3
Rev I/10
40
agreement. Private attorneys who provide public defense services as a portion of their practice
should dedicate a sufficient amount of time to their public defense caseload based on the
percentage of a full-time caseload which the public defense cases represent.
Section 2.Chapter 2.05.1 80 of the Federal Way Revised Code is hereby amended to read as
follows:
2.05.180 Reports of attorney activity and Certificates of Compliance.
Public defenders should maintain a case reporting and management information system which
includes number of cases and any hours billed,costs,or expenses.This information should be
provided regularly t o t h e city . . . . . . .• . . . , . • -• . . - . . •
sets. Any such system shall be maintained independently from client files so as not to disclose
confidential information. Each public defender shall sign and submit a certificate of compliance
with the Office of Public Defense as required.
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.
Ordinance No. 12- Page 2 of 3
Rev 1/10
41
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
, 2012.
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. 12- Page 3 of 3
Rev 1/10
42
COUNCIL MEETING DATE: September 18,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:SHOULD COUNCIL ADOPT THE PROPOSED RESOLUTION ESTABLISHING A CASE WEIGHTING
SYSTEM FOR PUBLIC DEFENDERS?
POLICY QUESTION: Should the City Council adopt the proposed resolution establishing a case weighting
system for public defenders as authorized by the Supreme Court Order?
COMMITTEE: PRHS&PS MEETING DATE:9/11/12
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: Mayor Priest DEPT: Mayor's Office
Attachments: Proposed resolution and policy establishing a case weighting system as authorized by the
Supreme Court Order,and application of the weighting system for the 2011 public defender cases.
Options Considered: 1. Adopt the proposed resolution.
2. Modify the proposed resolution.
3. Reject the proposed resolution.
MAYOR'S RECOMMENDATION:Option 1
MAYOR APPROVAL: DIRECTOR APPROVAL:
Commin Council
Initial
COMMITTEE RECOMMENDATION:I move to forward the resolution adopting a case weighting system for public
defense standards to the September 18, 2012 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the resolution establishing a case weighting system. "
(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#
43
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington, Adopting a Case-Weighting System for Public Defense
Standards.
WHEREAS, the Washington Supreme Court issued an Order June 15, 2012 establishing
numeric caseload standards for public defenders;and
WHEREAS, Standard 3.3 provides that the City may implement a case-weighting system,
provided the City Council adopts and publishes it; and
WHEREAS, the case weighting system has been reviewed by public defense attorneys,
municipal court judges,and representatives from the Office of Public Defense.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Case Weighting System. The attached policy and numerical weighting of cases is
adopted.
Section 2. Severability. If any section,sentence,clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 3. Corrections.The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Resolution No. 12- Page 1 of2
Rev 1/10
44
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 2012.
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:
RESOLUTION NO.:
Resolution No. 12- Page 2 of2
Rev 1/10
45
APPLICATION
2011 Cases
Total cases filed 37331
L The Court did not accept any resolution of criminal charges at arraignment.
17 defendants proceeded as pro se after completing the attorney waiver documents
and acceptance by the Court. All 17 cases were resolved at pre-trial.
2_ Crimes that may be reduced to infractions at arraignment and not assigned a public
defender include:
a. DWLS 32
b. Failure to Transfer Title within 45 days
c. Failure to obey a police officer
d. Providing False Evidence of Financial Responsibility
e. Trip Permit Violation
f. Failure to Register Title
g. Cancelled Vehicle Registration
h. No Valid Operator's License in the First Degree
i. No Occupational Driver's License
j. Driving on Another State's License while Suspended in Washington
3. 915 cases were reduced to infractions and not assigned a public defender
Subtotal criminal cases(3733—915=2818) 2818
Primary public defense firm,Stender/Zumwalt assigned 16743
Guilty pleas at arraignment=1 case4 100
Cases that proceeded to trial(including 4 DV and 2 DUI) 12
Subtotal of cases to be weighted 1562
DV 2405
SOC 95 reduce to 1/3
DV count(240-95=145+ (95-3=32) = 177) 177
DUI 976
SOC 71 reduce to 1/3
DUI count(97-71=26+ (71-3=24) =50) 50
1 The City has 4 prosecutors,which is 934 cases each. The counted cases do not factor in the weighting
system,but include all cases at arraignment. It does not include declines,appeals,asset forfeitures,or
contested infractions.
2 Filing DWLS 3 as a crime allows the prosecution to view criminal history because a new DWL3 violation
mandates a 30 days of incarceration if the defendant is currently on DUI probation.
3 1674 is the actual number of cases,but disposition of criminal charges at arraignment was not separated.
100 are added to the total cases.
4 The number for guilty pleas at arraignment was provided by OPD,is not exact,and is really counted in
1674.
5 Number excludes the 4 trials.
6 Number excludes 2 trials.
46
SOC =(197-3 =66) 66
Deferred Sentence=(151 _3 =51) 51
Deferred Prosecution =(20_3 =7) 7
Subtotal remainder cases to weight 1,211
(1674—100 12 177 50 66 51 7= 1211)
Weight 1/3 per attachment' (1211 -3 =404) 404
TOTAL CASES 867
(100+12+177+50+66+51+7+404=867)
Four attorneys dedicated for Federal Way
(867_4=217) 217 per attorney(w/out
factoring experience)
5%quarterly or 20%annually accounting time
in court for arraignments/first appearances
when not assigned as counsel and before screening
(217 x .20=44+(217)=261) 261 per attorney(w/out
factoring experience)
***Assuming 10%of weighted cases at 2/3; it would add 10 cases per attorney
K:Utesolution12012 public defense standards application
'This includes those cases the public defender resolves early and the Order says to count at 1/3.
47
CITY OF FEDERAL WAY
PUBLIC DEFENSE STANDARDS
October 1,2012
Policy: Provide high quality public defense services by engaging experienced public
defenders.
Definition of a Case: A case is defined as the filing of a document,which may
include multiple citations from the same incident, with the court naming a
person as a defendant or respondent,to which an attorney is appointed in order
to provide representation.'
Definition of Appointment. Appointment of a public defender is defined as
assignment to represent a defendant as a result of indigent screening.
The caseload for attorneys with less than five years misdemeanor and/or gross
misdemeanor experience will be 300 weighted cases per year.2
(300 cases/year_48 weeks(240 working days)=6.25 cases/week_5 days=
1.25 cases/day)
The caseload for attorneys with at least five years misdemeanor and/or gross
misdemeanor criminal experience increase caseload will be increased to a total
of 450 weighted cases per year.3
(450 cases/yr_48 weeks(240 working days)=9.375 cases/week_5 days=
1.875 cases/day)
The caseload for attorneys with at least five years misdemeanor and/or gross
misdemeanor coupled with five years felony criminal experience will be increased
to a total of 540 cases per year.4
(540 cases/yr=48 weeks(240 working days)= 11.25 cases per week=5
days=2.25 cases/day)
Policy: Provide Public Defenders at the arraignment or first appearances even though the
defendant has not been screened to determine qualifications for indigent defense.
The Municipal Court of Federal Way has a daily in custody calendar,which
includes arraignments/first appearances;and an out of custody arraignment
calendar one day per week,which includes arraignments.5 Through contract
negotiations the Primary Public Defense Firm serves as attorney of the day at all
arraignments to provide information and counsel to all defendants even though they
may not be appointed to defend them.
1 Standard 3.3 Definition of a case_
2 Standard 3.4 Three hundred misdemeanor cases per year if adopt weighting system.
3 Standard 33 Experience is a factor
4 Standard 3.3 Experience is a factor
5 CRLJ 3.1 Right to an attorney in all criminal proceedings
Updated 9-5-12 48
1
As a result,the City recognizes the additional time,but will not count each matter
as a case because it does not meet the definition of a case per the Supreme Court
Order(i.e.the attorney has not been assigned to the case),and it could be an
unconstitutional gift of public funds for those defendants who are not indigent.
However,the City's calculation of cases under the weighting system identified
below will address the additional time at arraignment by counting it as five percent
(5%)quarterly cases assigned for the entire firm to be divided.6
Policy: The City will follow the guidelines of the Supreme Court Order and weight
misdemeanor cases.
Stipulated Orders of Continuance (SOC),Deferred Prosecution(DP),Deferred
Sentence(DS),or other alternative disposition weighted 1/3.'
Also,pursuant to the Supreme Court Order the City will count guilty pleas at
arraignment as 1 case,because the Public Defender has been assigned the case 8
Policy: The City will weigh Federal Way crimes as listed in the attached Exhibit A.9 The
weighting was provided by the public defenders,reviewed by the Municipal Court
Judges,and presented to Office of Public Defense representatives before
implementation. In the event there are multiple charges for the same incident,the
case will be weighted using the highest weighted charge as the total measure for
that case.
The case count for any case that proceeds to trial will convert to one and no
longer count as a fraction.
Policy: The City will continue to utilize alternatives and considers the review/probation
hearings as part of an ongoing case.'°
A review/probation hearing will only be counted as a case if the defendant was
previously represented by a different public defense firm." A review/probation
hearing without a new criminal charge under this definition will count as 1/3 of a
case.12
A review/probation hearing with a new criminal charge will remain as weighted at
the time of the original assignment and the new charges will be weighted pursuant
to Exhibit A,but only if the new charge is brought in Federal Way Municipal
Court.13
6 Standard 3.3 Caseloads should factor in the type of cases and time involved
Standard 3.6(B)(v)Stipulated Order of Continuance,Deferred Prosecution and Deferred Sentence can be
weighted 1/3
3 Standard 3.5 Guilty pleas at arraignment count as one case
9 Standard 3.6 Cases may be weighted upwards or downwards depending upon complexity
to Standard 3.6 Cases may be weighted downwards
11 Standard 3.6 Cases may be weighted downwards
12 Standard 3.3 Matters not involving a new criminal charge may be weighted
13 Standard 3.5 A new charge is to be treated as a case;the weight depends upon the complexity
Updated 9-5-12 49 2
EXHIBIT A
CHARGE FWRC WEIGHT
ABANDOING OR DISCARDING 6.75.010
REFRIGERATION EQUIPMENT 2/3
ABANDONMENT OF A DEPENDENT 6.20.010
PERSON IN THE THIRD DEGREE 1
ABANDONMENT OF A DEPENDENT 6.20.010
PERSON IN THE THIRD DEGREE, 1
Domestic Violence
ACTS PROHOBITED BY 12.15.330
PAWNBROKERS AND SECONDHAND
DEALERS 1/2
ACTS PROHIBITED-TOBACCO 6.20.040 1/3
AGGRESSIVE BEGGING 6.35.030 1
AIMING OR DISCHARGE OF A 6.25.010
FIREARM 1
AIRGUN—UNLAWFUL USE 6.25.020 1
ALLOWING A MINOR TO FREQUENT 6.10.010
TRAVEN 1/3
ALLOWING UNAUTHORIZED PERSON 8.05.010
TO DRIVE 1/3
ALTERED SERIAL NUMBERS ON 6.25.010
VEHICLE/WEAPON 1/2
ANIMAL CONTROL VIOLATIONS (City 9.18.100
Complaint) 1
ANIMAL CRUELTY,Abuse 9.18.010 1
ANIMAL CRUELTY,Transporting or 6.75.030
Confining 1
ASSAULT IN THE FOURTH DEGREE _ 6.35.010 1
ASSAULT IN THE FOURTH DEGREE, 6.35.010
Domestic Violence 1
ATTEMPTED THEFT 6.05.060 1/3
BARRATRY RCW 9.12.010 6.40.010 1/3
BAIL JUMPING 6.50.030 2/3
BOXING, MARTIAL ARTS, WRESTLING 6.55.025 2/3
BUYING,DEMANDING OR PROMISING
REWARD TO PUBLIC OFFICIAL RCW
9.12.020 6.40.010 2/3
CAMPING IN THE PARK 4.05.160 1/3
CANCELLED LICENSE PLATE OR 8.05.010
REGISTRATION 1/3
CARRYING A CONCEALED PISTOL 6.25.010
WITHOUT A LICENSE 2/3
50
Updated 9-5-12 3
CARRYING OR DISPLAY OF WEAPONS 6.25.010
RCW 9.41.270 1/3
COERCION 6.35.010 1
COERCION,Domestic Violence 6.35.010 1
COMMERCIAL LICENSE REQUIRED 8.05.010 1/3
COMMUNICATION WITH MINOR FOR 6.45.080
IMMORAL PURPOSES 1
CONCESSIONS WITHOUT CONTRACT 4.05.180 1/2
CONSPIRACY 6.05.060 2/3
CONTEMPT OF COURT 6.05.050 2/3
CONTRIBUTING TO THE 6.20.020
DELINQUENCY OF A MINOR 1/2
CRIMINAL IMPERSONATION IN THE
FIRST DEGREE RCW 9A.60.040 6.40.010 1
CRIMINAL IMPERSONATION IN THE
SECOND DEGREE 9A.60.045 6.40.010 1
CUSTODIAL INTERFERENCE IN THE 6.35.050
SECOND DEGREE 1
CYBERSTALKING 6.35.010 1
DISORDERLY CONDUCT 6.55.010 1/3
DISORDERLY CONDUCT IN A CITY 6.55.055
PARK 1/3
DISRUPTION OF SCHOOL ACTIVITIES 6.30.040 2/3
DRIVING UNDER THE INFLUENCE OF 8.05.010
INTOXICATING LIQUOR 1
DRIVING WHILE LICENSE SUSPENDED 8.05.010
OR REVOKED 1 1/2
DRIVING WHILE LICENSE SUSPENDED 8.05.010
OR REVOKED 2 1/2
DRIVING WHILE LICENSE SUSPENDED 8.05.010
OR REVOKED 3 1/3
DRIVING WITH ANOTHER STATE'S 8.05.010
LICENSE WHILE SUSPENDED IN
WASHINGTON
RCW 46.20.345 1/3
DRUG LOITERING 6.10.090 1/3
ELECTRONIC BENEFIT CARDS 6.40.010 1/3
RCW 74.08.580
ENCUMBERED, LEASED OR RENTED
PERSONAL PROPERTY RCW 9.45.060 6.40.010 1/3
ESCAPE IN THE THIRD DEGREE 6.50.040 2/3
EXPOSING CHILDREN TO DOMESTIC 6.35.070(3)
VIOLENCE 1
51
Updated 9-5-12 4
FAILING TO OBTAIN INITIAL 8.05.010
REGISTRATION 1/3
FAILURE TO DISPERSE 6.55.020 1/3
FAILURE TO GIVE INFORMATION, 8.05.010
RCW 46.61.020 1/3
FAILURE TO OBEY POLICE OFFICERS, 8.05.010
FLAGMAN OR FIRE FIGHTERS 46.61.021
or.22 1/2
FAILURE TO OBTAIN A TEMPORARY 12.25.010 and
BUSINESS LICENSE 7.05.070 2/3
FAILURE TO OBTAIN LICENSE FOR 6.40.050
MASSAGE PRACTITIONERS 2/3
FAILURE TO OBTAIN REGISTRATION 8.05.010 1/3
FAILURE TO TRANSFER TITLE OVER 8.05.010
45 DAYS 1/3
FALSE CERTIFICATION RCW 9A.60.050 6.40.010 1/3
FALSE EVIDENCE OF FINANCIAL 8.05.010
RESPONSIBILITY I INSURANCE CARD 1/3
FALSE REPORTING 6.50.030 1/3 _
FALSE STATEMENT TO A PUBLIC 6.50.030
SERVANT RCW 9A.76.175 1/3
FORGERY,NONFELONY 6.40.030 1
FRAUD IN ASSIGMENT FOR BENEFIT
OF CREDITORS RCW 9.45.100 6.40.010 1/2
FRAUD OPERATING COIN BOX IN
TELEPHONE OR OTHER RECEPTACLE
RCW 9.26A.120 6.40.010 1/3
FRAUDLENT POSSESSION, 8.05.010
ALTERATION,OR DISPLAY OF A
LICENSE 46.20.092(1) 1/3
FRAUDULENT REMOVAL OF
PROPERTY RCW 9.45.080 6.40.010 1/3
FURNISHING LIQUOR TO A MINOR 6.10.020 2/3
GRAFFITI 6.30.020 1
GRAFFITI TOOLS 6.30.050 2/3
HARASSMENT 6.35.040 1
HARASSMENT, Domestic Violence RCW 6.35.040
9A.46.020 1
HARBORING A MINOR/RUNAWAY 6.20.010 1
HIT AND RUN, ATTENDED VEHICLE 8.05.010
RCW 46.52.020 1
HIT AND RUN, PROPERTY DAMAGE 8.05.010
RCW 46.52.010 2/3
HIT AND RUN, UNATTENDED VEHICLE 8.05.010 2/3
HUFFING 6.10.070 1
52
Updated 9-5-12 5
IDENTITY THEFT—NON-FELONY 6.40.025 1
IMPERSONATION 6.40.010 1
IMPERSONATION—POLICE OFFICER 6.40.010 1
INDECENT EXPOSURE TO A PERSON 6.45.020
OVER 14 1
INDECENT EXPOSURE TO A PERSON 6.45.020
UNDER 14 1
INTERFERING WITH THE REPORTING 6.35.070
OF DOMESTIC VIOLENCE,Domestic
Violence 1
ID THEFT 6.40.025 1
INTIMIDATING SCHOOL EMPLOYEE 6.75.010 1
ISSUANCE OF CHECKS OR DRAFTS 6.30.010 1
KNOWLINGLY RECEIVING
FRAUDULENT CONVEYANCE RCW
9.45.090 6.40.010 1/3
LEAVING AN UNLOCKED PISTOL IN A 6.25.010
VEHICLE 2/3
LEAVING CHILDERN UNATTENDED IN 6.20.030
PARKED VEHICLE 1
LITTERING IN A PARK 4.05.330 1/3
LITTERING OVER ONE CUBIC FOOT 6.75.020 1/3
LITTERING OVER ONE CUBIC YARD 7.75.020 1/3
MAKING A FALSE STATEMENT TO A 6.50.030
PUBLIC SERVANT RCW 9A.76.175 1/3
MAKING OR HAVING BURGLAR 6.30.030
TOOLS 2/3
MALICIOUS MISCHIEF IN THE THIRD 6.30.020
DEGREE 2/3
MALICIOUS MISCHIEF IN THE THIRD 6.30.020
DEGREE,Domestic Violence 1
MENACING 6.35.020 1
MANUFACTURE OR SALE OF SLUGS
TO BE USED AS COINS
RCW 9.26A.130 6.40.010 2/3
MINOR ATTEMPTING TO PURCHASE 6.10.020
ALCOHOL 2/3
MINOR INTOXICATED IN PUBLIC 6.10.020 1/2
MINOR FREQUENTING TRAVEN 6.10.010 1/2
MINOR IN POSSESSION OF LIQUOR 6.10.020
RCW 66.44.270 2/3
MINOR MISREPRESENTING AGE 6.10.010 2/3
MINOR OPERATING VEHICLE AFTER 6.05.010
ALCOHOL CONSUMPTION ALCOHOL 1
MISTREATMENT IN THE FOURTH 6.20.010
DEGREE 1
5 3
Updated 9-5-12 6
MISTREATMENT IN THE FOURTH 6.20.010
DEGREE, Domestic Violence _ 1
MISUSING OF DEALER PLATES 8.05.010 1/3
MOCK AUCTIONS RCW 9.45.070 6.40.010 1/3
NEGLIGENT DRIVING IN THE FIRST 8.05.010
DEGREE 1
NO VALID OPERATOR'S LICENSE 8.05.010
WITHOUT IDENTIFICATION 1/3
OBSTRUCTING A PUBLIC OFFICER 6.50.010 2/3
OPERATING A VEHICLE WITHOUT 8.05.010
IGNITION INTERLOCK 1/2
PARK AFTER HOURS (City Complaint) 4.05.060 1/3
PATRONIZING A PROSTITUTE 6.45.070 1/3
PARK FIRE 4.05.210
PERMITTING UNUSED EQUIPMENT TO 19.05.340
REMAIN ON PREMISES 1
PHYSICAL CONTROL OF A MOTOR 6.15.010
VEHICLE WHILE UNDER THE
INFLUENCE OF INTOXICATION(under
21 years) 1
PHYSICAL CONTROL 6.15.010 1
PISTOL ALTERING 6.25.010 2/3
PISTOL WITHOUT PERMIT 6.25.010 2/3
PISTOL IN VEHICLE 6.25.010 2/3
POSSESSION OF A LEGEND DRUG 6.10.030
WITHOUT PRESCRIPTION 2/3
POSSESSION OF ANOTHER'S
IDENTIFICATION RCW 9A.56.130 6.40.010 1/3
POSSESSION OF DANGEROUS WEAPON 6.25.010 1
POSSESSION OF DANGEROUS WEAPON 6.25.010
ON SCHOOL PROPERTY 1
POSSESSION OF DRUG 6.10.040
PARAPHERNALIA 1/3
POSSESSION OF EPHREDINE, 6.10.030
PSEUDOPHREDINE,
PHENYLPROPANOLAMINE 1/3
POSSESSION OF FIREARM AT LIQUOR 6.25.030
SALE PREMISES (City Complaint) 1/3
POSSESSION OF MARIJUANA 6.10.030 1/3
54
Updated 9-5-12 7
POSSESSION OF PISTOL BY PERSON 6.25.010
AGE 18 TO 21 1/3
POSSESSION OF STOLEN ID 6.40.010 1/3
POSSESSION OF STOLEN PROPERTY IN 6.30.010
THE THIRD DEGREE 2/3
POSSESSION, USE AND DISCHARGE OF 12.55.070
FIREWORKS 1/2
PROSTITUTION 6.45.040 1/3
PUBLIC DISTURBANCE NOISES 7.10.020 1/3
RACING 8.05.010 1
RECKLESS BURNING IN THE SECOND 6.60.010
DEGREE 1
RECKLESS DRIVING RCW 46.61.500 8.05.010 1
RECKLESS ENDANGERMENT 6.35.010 1/3
RECKLESS ENDANGERMENT OF 8.05.010
ROADWAY WORKER 1/3
RECKLESS ENDANGERMENT,Domestic 6.35.010
Violence 1
REFUSAL TO GIVE INFORMATION TO 8.05.010
OR COOPERATE WITH POLICE RCW
46.61.020 1/2
RENDERING CRIMINAL ASSISTANCE 6.50.030
IN THE THIRD DEGREE 1/3
RENDERING CRIMINAL ASSISTANCE 6.50.030
IN THE SECOND DEGREE 1/2
RESISTING ARREST 6.50.030 2/3
RIDING IN A PARK 1.10.010
4.05.040
4.05.340 1/3
RIOT 6.55.020 1
STALKING 6.35.040 1
STRANGULATION,Domestic Violence 6.35.070(2) 1
SUSPENSION OF REGISTRATION RCW 8.05.010
46.29.605 (Suspended Plate) 1/3
TAKING,CONCEALING,OR INJURING 6.75.030
A PET ANIMAL 1
TAMPERING WITH EVIDENCE 6.50.030 1
TAMPERING WITH FIRE 6.60.020 1
TAX ON CIGARETTES 6.75.110 • 2/3
TELEPHONE HARASSMENT 6.35.010 1
TELEPHONE HARASSMENT, Domestic 6.35.010
Violence 1
THEFT IN THE THIRD DEGREE 6.30.010 1/3
5 5
Updated 9-5-12 8
THEFT IN THE THIRD DEGREE, 6.30.010
Domestic Violence i
THEFT OF MOTOR VEHICLE FUEL 8.05.010 1/2
THEFT OF RENTAL PROPERTY 6.30.010 1/3
THEFT OF SHOPPING CART 6.30.010 1/3
THROWING OBJECTS AT CARS 6.75.050
1.10.010 1/2
TRANSFER TO MINOR OF 6.10.010
IDENTIFICATION CARD 1/3
TRESPASS(.70) 1=INSIDE BUILDING; 6.30.030
(.80)2=ON PREMISES/PROPERTY 1/3
TRESPASS, Domestic Violence 6.30.030 1
UNAUTHORIZED CAMPING IN A PARK 4.05.160
4.05.040
1.10.010 1/3
UNLAWFUL BUS CONDUCT 6.75.010 1/3
UNLAWFUL ISSUANCE OF CHECKS 6.30.010 2/3
UNLAWFUL PRACTICES—OBTAINING
ASSISTANCE—DISPOSAL OF REALTY
RCW 74.08.331 6.40.010 1
UNLAWFUL USE OF DEALER PLATES 8.05.010 1/3
UNLAWFUL USE OF AIR GUN 6.25.020
URINATING IN PUBLIC 6.45.090 1/3
VEHICLE PROWLING IN THE SECOND 6.30.030
DEGREE 1/3
VEHICLE PROWLING TOOLS (City 6.30.060
Complaint) 1/3
VIOLATION OF ANIMAL CONTROL 6.30.060
REGULATIONS 1
VIOLATING A STAY OUT OF AREAS OF 6.42.110
PROSTITUTION ORDER 1/2
VIOLATION OF A CIVIL 6.35.060
ANTIHARASSMENT ORDER& KCSC
VIOLATION OF ORDER FOR
PROTECTION-AH 1
VIOLATION OF A CIVIL 6.35.060
ANTIHARASSMENT ORDER, Domestic
Violence 1
VIOLATION OF A NO CONTACT 6.35.040
ORDER,Domestic Violence 1
VIOLATION OF A NOTICE AND ORDER 1.15.040
TO CORRECT 1*
VIOLATION OF A PROTECTION ORDER, 6.35.060
Domestic Violence 1
VIOLATION OF A RESTRAINING 6.35.070
ORDER 1
56
Updated 9-5-12
9
VIOLATION OF A RESTRAINING 6.35.070
ORDER, Domestic violence 1
VIOLATION OF A VOLUNTARY 1.15.050
CORRECTION AGREEMENT 1*
VIOLATION OF AN ORDER TO CEASE 1.15.030
ACTIVITY 1*
VIOLATION OF LICENSE FOR 12.40.070
BATHHOUSE ATTENDANTS 1*
VIOLATION OF OCCUPATIONAL 8.05.010
DRIVER'S LICENSE 1/3
VIOLATION OF STANDARDS OF 12.10.220
CONDUCT 1
VIOLATION OF THE HOUSING CODE 1.10.010
13.05.070
13.35.010 1*
VIOLATION OF VEHICLE TRIP PERMIT 8.05.010 1/3
VIOLATION OF ZONING CODE 19.05.340 1*
WEAPONS IN COURT 6.25.040 2/3
WEAPONS IN PROHIBITED AREA 6.25.040 2/3
WEAPONS IN SCHOOL 6.25.010 1
PUBLIC DISTURBANCE NOISES 7.10.020 1/3
Any and all misdemeanors not listed above 1/3
Any and all gross misdemeanors not listed
above 1/2
The case count for any case that proceeds to trial will convert to one and no longer count
as a fraction.
*Zoning violations.Defendant will not likely qualify for a public defender.
Karesolution\2012\public defender weighting attachment
57
Updated 9-5-12 10
COUNCIL MEETING DATE: September 18,2012 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:SHOULD COUNCIL ADOPT THE PROPOSED RESOLUTION SUPPORTING EFFORTS TO STOP ALL
BULLYING WITHIN THE CITY?
POLICY QUESTION: Should the City Council adopt the proposed resolution supporting all efforts to stop
bullying within the City?
COMMITTEE: PRHS&PS MEETING DATE:9/11/12
CATEGORY:
El Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: Patricia Richardson,Ci ty y Attorne DEPT: Law Department
------------
Attachments: Proposed resolution supporting all efforts to stop bullying within the City.
Options Considered: 1. Adopt the proposed resolution.
2. Modify the proposed resolution.
3. Reject the proposed resolution.
MAYOR'S RECOMMENDATION: Option 1 p
MAYOR APPROVAL: DIRECTOR APPROVAL: 1
Commi ee Council Initial
COMMITTEE RECOMMENDATION: I move to forward the resolution supporting all efforts to stop all bullying
within the City to the September 18, 2012 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the resolution supporting efforts to stop all bullying
within the City. "
(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#
59
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington,Supporting All Efforts to Stop Bullying within the City.
WHEREAS,the City of Federal Way is a city that values humanity and the respect of
individual expression and lifestyle;and
WHEREAS,the City Council of Federal Way recognizes that the quality of life requires a
commitment to sustaining neighborhoods, schools and business communities;and
WHEREAS,the City Council of Federal Way recognizes that the City must safeguard
schools and communities for our children, and that they face serious issues each day, and
WHEREAS,the City Council recognizes the need to offer children an environment that
holds promise and security; and
WHEREAS, many organizations,school districts,educators and parents have publicly
expressed concern about the bullying of children; and
WHEREAS,each day,an estimated 160,000 children refuse to go to school because
they dread the physical and verbal aggression of their peers,and the loneliness that comes from
being excluded; and
WHEREAS, bullying can take many forms, including verbal,physical,and most recently
cyber-bullying, and can occur in many places;and
WHEREAS,in addition, many more students attend school in a chronic state of anxiety
due to bullying; and
Resolution No. 12- Page 1 of 3
Rev 1/10
60
WHEREAS, it is important that we,as a community,acknowledge and heighten
awareness about the serious issues and negative effects of bullying, including the long-term
damage it can cause our young people, as well as the risks of teenage suicide.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Declaration. The City Council of the City of Federal Way supports all efforts to
stop any and all bullying within the City. .
Section 2. Severability. If any section,sentence,clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 3. Corrections.The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section_5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 2012.
Resolution No. 12- Page 2 of 3
Rev 1/10
61
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
A'F1'EST:
CITY CLERK,CAROL MCNEILLY,CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A.RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 12- Page 3 of 3
Rev 1/10
62