HomeMy WebLinkAboutFS 2011-09-07 COMPLETE AGENDA PACKETCity of Tukwila
Finance and Safety
Committee
O Kathy Hougardy, Chair
O Joan Hernandez
O Dennis Robertson
Distribution:
K. Hougardy
J. Hernandez
D. Robertson
A. Ekberg
Mayor Haggerton
S. Hunstock
C. O'Raherty
S. Kerslake
K. Mate]
AGENDA
WEDNESDAY, SEPTEMBER 7 1 2011
CONFERENCE ROOM #3, 5:00 PM
Item Recommended Action
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Accept Washington State Military /Homeland Security
grant for emergency management in the amount of
$82,207.00.
Marty Grisham, Emergency Manager
b. Business license and Revenue Generating Regulatory
License update.
Jennifer Ferrer, Senior Fiscal Coordinator
c. Chronic nuisance ordinance.
Mike Vi/ /a, Po /ice Chief
d. June miscellaneous revenue report.
Shawn Hunstock, Interim City Administrator
3. ANNOUNCEMENTS
4. MISCELLANEOUS
a. Forward to 9/12 C.O.W
and 9/19 Regular Mtg.
Page
Pg.1
b. Committee consideration Pg.33
c. Forward to 9/12 C.O.W. Pg.45
and 9/19 Regular Mtg.
d. Information only Pg.65
Next Scheduled Meeting: Tuesday, September 20, 2011
S The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 or (tukclerk @tukwilawa.gov) for assistance.
x
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance Safety Committee
FROM: Martin F. Grisham, Emergency Manager
DATE: August 29, 2011
SUBJECT: Emergency Management Grant Acceptance
ISSUE
City of Tukwila Emergency Management has been awarded an Emergency Management
Performance Grant, (EMPG) in the amount of $82,207. This grant comes from Washington
State Military Department and the U.S. Department of Homeland Security (DHS).
DISCUSSION
This is a new grant to Tukwila Emergency Management, but not a new grant to the
emergency management world. Several of our neighboring cities and jurisdictions have
benefited from this grant for years.
This is a 50/50 matching grant, and the City exceeds the required match by salaries and
the documented approved emergency management budget, so there are no additional
costs to the City.
This grant period runs from October 2010 to March 2012.
We will apply for this grant every year, as long as it is available. It is an annual grant that
is well funded and supported by DHS.
Grant funds can be used for a wide variety of emergency management needs that
includes equipment, planning, organization (including personnel), training and more.
RECOMMENDATION
The Council is being asked to formally accept this grant at the September 12, 2011 Committee
of the Whole meeting and subsequent September 19, 2011 Regular Meeting.
ATTACHMENTS
Homeland Security Grant Agreement Face Sheet
x
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 Tukwila
6200 Southcenter Blvd. $82,207 E12 -111
Tukwila, WA 98188
4. Sub grantee Contact, phone number: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Martin Grisham, (206) 571 -3427 October 1, 2010 -June 30, 2012
7. Department Program Manager, phone no: 8. Data Universal Numbering System (DUNS): 9. UBI (state revenue):
Charma Anderson, (253) 512 -7064 010- 020 -7504 179- 000 -208
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Source 12. Department 13. Catalog of Federal Domestic Assistance 14. TIN:
Agreement Funding Code (PI): (CFDA) Title:
2011 -EP -00 -001 713PT 97.042 EMPG 91- 6001519
15. Service Districts: 16. Service Area by County(ies): 17. Women /Minority- Owned, State
(BY LEGISLATIVE DISTRICT): 11,33,37 King Certified X N/A NO
(BY CONGRESSIONAL DISTRICT): 7,9 YES, OMWBE
18. Agreement Classification 19. Contract Type (check all that apply):
Personal Services Client Services X Public /Local Gov't Contract X Grant X Agreement
Collaborative Research A/E Other Intergovernmental (RCW 39.34) Interagency
20. Sub Grantee Selection Process:
X "To all who apply qualify" Competitive Bidding
Sole Source A/E RCW N/A
Filed w /OFM? Advertised? YES ONO
Date Signature Date
Mayor
City of Tukwila
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
James M. Mullen, Director
Emergency Management Division
Washington State Military Department
APPROVED AS TO FORM:
Brian E. Buchholz, (Signature on file) 7/25/2011
Assistant Attorney General
Form 10/27/00 kdb
DHS -FEMA- EMPG -FFY 11
21. Sub Grantee Type (check all that apply)
Private Organization /Individual For Profit
X Public Organization /Jurisdiction X Non Profit
VENDOR X SUBRECIPIENT OTHER
APPROVED AS TO FORM (if applicable):
Applicant's Legal Review Date
Page 1 of 25 City of Tukwila
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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.
ARTICLE II ADMINISTRATIVE AND /OR FINANCIAL REQUIREMENTS
The Sub grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non exclusive list of laws, regulations and guidance commonly applicable
to DHS /FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A -102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non
Profit Organizations (formerly OMB Circular A -110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A -87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A -21); 2 CFR Part 230, Cost Principles for
Non Profit Organizations (formerly OMB Circular A -122); OMB Circular A -133, Audits of
States, Local Governments and Non Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non Federal sources. The Sub grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
DHS FEMA EMPG -FFY 11
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City of Tukwila
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SUB GRANTEE
MILITARY DEPARTMENT
Name
Nick Olivas
Name
Charma Anderson
Title
I Interim Director Emergency Management
I Title
I EMPG Program Manager
E -Mail
nolivas @ci.tukwila.wa.us
I E -Mail
c.anderson@emd.wa.gov
Phone
(206) 575 -4404
I Phone
(253) 512 -7064
Name
I Marty Grisham
I Name
I Sierra Wardell
Title
Acting Emergency Manager
I Title
EMPG Program Coordinator
E -Mail
mgrisham @ci.tukwila.wa.us
I E -Mail
s.wardell @emd.wa.gov
Phone
(206) 571 -3427
I Phone
(253) 512 -7121
Name
I Peggy McCarthy
I Name
I Deborah Henderson
Title
Finance Officer
I Title
EMPG Program Assistant
E -Mail
pmccarthy @ci.tukwila.wa.us
E -Mail
d.hendersori@,emd.wa.gov
Phone
(206) 433 -1839
Phone
(253) 512 -7470
ARTICLE II ADMINISTRATIVE AND /OR FINANCIAL REQUIREMENTS
The Sub grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non exclusive list of laws, regulations and guidance commonly applicable
to DHS /FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A -102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non
Profit Organizations (formerly OMB Circular A -110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A -87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A -21); 2 CFR Part 230, Cost Principles for
Non Profit Organizations (formerly OMB Circular A -122); OMB Circular A -133, Audits of
States, Local Governments and Non Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non Federal sources. The Sub grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
DHS FEMA EMPG -FFY 11
Page 2 of 25
City of Tukwila
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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 "Fiscal Year 2011 EMPG Program Guidance and Application Kit,
Section I Application and Review Information May 2011" and the "Fiscal Year 2011
GPD Preparedness Grant Programs Guidance and Application Kit, Section II Award
Administrative Information May 2011 which can be found at
http: /www.fema.gov /government /grant /empg/ and are hereby incorporated in and made
a part of this Agreement.
6. The Sub grantee shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110 -252 (see 31 U.S.C. 6101 note) and
Attachment #1 attached to and made a part of this Agreement.
ARTICLE III REIMBURSEMENT /INVOICING PROCEDURES
1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http: /www.gsa.gov without prior written
approval by Department key personnel. Receipts and /or backup documentation for any
approved budget line items including travel related expenses that are authorized under this
Grant Agreement must be maintained by the Sub grantee and be made available upon
request by the Department, and local, state, or federal auditors.
2. Receipts and /or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub grantee and be made available upon request by the Department, and local, state,
or federal auditors.
3. The Sub grantee will submit reimbursement requests to the Department by submitting an
A -19 Invoice form and a completed reimbursement spreadsheet (in the format provided by
the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department's key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be submitted
at least bi- annually.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment /supplies have
been received by the Sub grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub grantee's
authorized representative that states "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
DHS- FEMA- EMPG -FFY 11 Page 3 of 25 City of Tukwila
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and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if Sub grantee is not
current with all reporting requirements contained in this Agreement.
ARTICLE IV REPORTING REQUIREMENTS
1. The Sub grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub grantee shall
submit to the Department's key personnel a final report describing all completed- activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle's Work Plan.
ARTICLE V EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub grantee or a contractor, will
be recorded and maintained in the Sub grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub grantee, or a recognized sub
recipient for which a contract, sub -Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub grantee, or a recognized sub grantee /sub contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub grantee for 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 to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
DHS- FEMA- EMPG -FFY 11 Page 4 of 25 City of Tukwila
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X
a. Items of equipment with a current per -unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub grantee with no further obligation to
the awarding agency.
b. Items of equipment with a current per -unit fair market value of more than $5,000 may
be retained or sold and the Sub grantee shall compensate the Federal- sponsoring
agency for its share.
9. As recipient of federal funds the Sub grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub contractors,
consultants, and sub grantees who receive pass- through funding from this Grant
Agreement.
ARTICLE VI ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located on
pages 31 -32 of the "Fiscal Year 2011 EMPG Program Guidance and Application Kit,
Section I Application and Review Information May 2011" and on pages 11 -12 of the
"GPD Preparedness Grant Programs Guidance and Application Kit, Section II
Award Administrative Information May 2011" both of which are located at FEMA: FY
2011 Emergency Management Performance Grants (EMPG) Program or
http: /www.fema.gov /government /grant /empg
2. The Sub grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review. If
potential impact is identified, EHP review is required prior to project implementation.
Projects implemented prior to receiving EHP approval from FEMA risk de- obligation of
funds.
ARTICLE VII PROCUREMENT
The Sub grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub grantee's sub contractors, at
which point the Sub grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII SUB GRANTEE MONITORING
1. The Department will monitor the activities of the Sub grantee from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass- through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A -133, Audits of States, Local Governments and Non Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, a -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;
DHS- FEMA EMPG -FFY 11
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on -site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
3. As a sub recipient of federal funds, the Sub grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub contractors, consultants, and sub
recipients who receive pass- through funding from this Agreement.
ARTICLE IX GRANT AGREEMENT MODIFICATION REQUESTS
A Sub grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X NIMS COMPLIANCY
1. The Sub grantee agrees that in order to receive Federal Fiscal Year 2011 (FFY11) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2011 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD) -5, Management of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nations sub grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY10. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource Center at
http: /www.fema.gov /nims.
4. Local governments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the Five -Year NIMS Training
Plan, released in February 2008 and any successor guidance released by FEMA. [Note:
Coursework and training developed and /or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the Five -Year NIMS
Training Plan]. NIMS training guidance is available on FEMA's NIMS Resource Center at
http: /www.fema.gov/ emergency /nims /NIMSTrainingCourses.
ARTICLE XI EMPG SPECIFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS) /Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all- hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93 -288, as amended, 42 U.S.C. 5121 5207).
2. A portion of the FFY11 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes that have emergency management programs to supplement
their local /tribal operating budgets. Each jurisdiction or tribe that applied and met the
qualifications specified in WAC 118 -09 regarding emergency management assistance
funds was awarded a sub -grant based on the size of their agency's emergency
DHS FEMA EMPG -FFY 11 Page 6 of 25 City of Tukwila
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management operating budget. Funds are used by local jurisdictions and tribes to enhance
their emergency management capability.
3. Funds are provided by DHS /FEMA solely for the use of supporting emergency
management programs as provided by EMPG Program. The Sub grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub grantee's application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub grantee shall provide a match of $82,207 of non federal origin. Match (cost
share) may be cash or in -kind. To meet matching requirements, the Sub grantee
contributions must be reasonable, allowable, allocable and necessary under the grant
program and must comply with all Federal requirements and regulations, including but not
limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track and document match.
5. The Sub grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
The Sub grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement or any type of payment
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY11
EMPG Program. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department.
DHS FEMA EMPG -FFY 11
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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 includes all employees of the Sub grantee
and any sub contractor retained by the Sub grantee as permitted under the terms of
this Grant Agreement. The term "Sub- grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub- grantee Agent' means the official representative and alternate designated or
appointed by the Sub grantee in writing and authorized to make decisions on behalf
of the Sub grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the sub grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" is defined and used herein to mean the Public Law.
h. "CFR" is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" is defined and used herein to mean the Office of Management and Budget.
j. "WAC" is defined and used herein to mean the Washington Administrative Code.
k. "RCW" is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non federal entities as subrecipients that expend $500,000 or more in one fiscal year of
federal funds from all sources, direct and indirect, are required to have a single or a
program- specific audit conducted in accordance with the Office of Management and
Budget (OMB) Circular A- 133 Audits of States, Local Governments, and Non Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A -133. As defined in Circular A -133, the term
"non- federal entity" means a State, local government, or non profit organization, and the
term "State" includes Indian tribes. Circular A -133 is available on the OMB Home Page
at http: /www.omb.gov.
SUB GRANTEE required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards (GAGAS) as
found in the Government Auditing Standards (the Revised Yellow Book) developed by
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the Comptroller General and the OMB Compliance Supplement. The SUB- GRANTEE-
grantee has the responsibility of notifying its auditor and requesting an audit in
compliance with Circular A -133, to include the Washington State Auditor's Office, a
federal auditor, or a public accountant performing work using GAGAS, as appropriate.
Costs of the audit may be an allowable grant expenditure as authorized by Circular A-
133.
The SUB GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub contractors also maintain auditable
records.
The SUB GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of_its sub contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB
GRANTEE's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430 -5032
In addition to sending a copy of the audit, the SUB GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB GRANTEE claims it is exempt from the audit requirements of Circular A -133,
SUB GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB GRANTEE
fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430 -5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB GRANTEE shall include the above audit requirements in any sub contracts.
Conducting a single or program- specific audit in compliance with Circular A -133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A -133, the SUB GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A -133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
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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,
direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
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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
43.21 C),' Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the SUB- GRANTEE's or its contractor's noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
A.10 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for
any purpose not directly connected with the administration of the DEPARTMENT's or the
SUB- GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT.
However, the parties acknowledge that the DEPARTMENT, and state and local
agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public
Records Act.
A.11 DISPUTES
The DEPARTMENT and SUB GRANTEE shall make every effort to resolve disputes
arising out of or relating to this Grant Agreement through discussion and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this Agreement,
the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi judicial tribunal. Nothing in this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
omissions of the SUB GRANTEE, its sub contractors, assigns, agents, contractors,
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consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB
GRANTEE, or SUB- GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS) /Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non liabilitv. 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 Sianature
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT's Authorized
Signature and the Authorized Signature of the assigned SUB GRANTEE Agent or
Alternate for the SUB GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUB
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.14 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a "Termination for
Cause" without providing the SUB GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and
Modifications" to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB GRANTEE.
A.16 NONDISCRIMINATION
The SUB GRANTEE shall comply with all applicable federal and state non discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory) be
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denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.17 NOTICES
The SUB- GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.18 OCCUPATIONAL SAFETY /HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUB GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB- GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB GRANTEE to so
comply.
A.19 OWNERSHIP OF PROJECT /CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB
GRANTEE. The SUB GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.20 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.22 PUBLICITY
The SUB GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT's name is mentioned or language used from which the connection of the
DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied.
The SUB GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty -free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
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A.23 RECAPTURE PROVISION
In the event the SUB GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and /or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.24 RECORDS
a. The SUB GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB- GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records
b. The SUB- GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB- GRANTEE's normal working day.
d. The SUB GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT /STATEMENT OF WORK/WORK PLAN,
While the DEPARTMENT undertakes to assist the SUB GRANTEE with the
project /statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB GRANTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the SUB GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB GRANTEE in connection with the project.
The SUB GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and /or attorneys' fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and /or maintenance of a project.
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A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING,
As required by 44 CFR Part 18, the SUB GRANTEE hereby certifies that to the best of
their knowledge and belief: (1) no federally appropriated funds have been paid or will be
paid by or on behalf of the SUB GRANTEE to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the SUB GRANTEE will complete
and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions; (3) and that, as applicable, the SUB GRANTEE will require that the
language of this certification be included in the award documents for all subawards at all
tiers (including sub contracts, sub grants, and contracts under grants, loans, and
cooperative agreements) and that all sub recipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into, and is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB- CONTRACTING
The SUB GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A -110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB GRANTEE.
All sub contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB GRANTEE, and /or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB GRANTEE will not be presented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB GRANTEE make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
It is understood that if the SUB GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
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commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the SUB GRANTEE shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the SUB GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the SUB- GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB GRANTEE
shall be liable for all damages as authorized by law. The rights and remedies of the
DEPARTMENT provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUB GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall
not diminish or eliminate the SUB- GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB
GRANTEE in writing of the need to take corrective action. If the corrective action is not
taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if
such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
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The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB- GRANTEE's control, fault or negligence,
the termination shall be deemed to be a "Termination for Convenience
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB GRANTEE and the DEPARTMENT for (i) completed
work and services and /or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and /or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and /or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The
DEPARTMENT shall have no other obligation to the SUB GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub contracts for materials, services, supplies,
equipment and /or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant Agreement
as is not terminated;
C. Assign to the DEPARTMENT, in the manner, at the times, and to the extent
directed by the DEPARTMENT, all of the rights, title, and interest of the SUB
GRANTEE under the orders and sub contracts so terminated, in which case the
DEPARTMENT has the right, at its discretion, to settle or pay any or all claims
arising out of the termination of such orders and sub contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub contracts, with the approval or ratification of the DEPARTMENT
to the extent the DEPARTMENT may require, which approval or ratification shall
be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and
to the extent directed by the DEPATMENT any property which, if the Grant
Agreement had been completed, would have been required to be furnished to the
DEPARTMENT;
DHS- FEMA- EMPG -FFY 11
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City of Tukwila
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f. Complete performance of such part of the work as shall not have been
terminated by the DEPARTMENT in compliance with all contractual
requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require,
for the protection and preservation of the property related to this Grant
Agreement which is in the possession of the SUB GRANTEE and in which the
DEPARTMENT has or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB GRANTEE is encouraged to utilize business firms that are certified as
minority -owned and /or women -owned in carrying out the purposes of this Grant
Agreement. The SUB GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326 -30 -041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon
strict performance of any provision of the Grant Agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
DHS- FEMA- EMPG -FFY 11 Page 18 of 25 City of Tukwila
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Exhibit C
Ilt 2011 Emergency Management Program Workplan
v Agency: City of Tukwila
Q
Required Activities for EMPG eligibility
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the
four elements of emergency management: prevention; protection; response; and recovery. Washington State
does not require a specific number of activities to receive EMPG funding, however, there are required
capabilities that must be conducted in order to remain eligible for EMPG funding, including the ability to
communicate and warn, educate the public, train and exercise, plan and be NIMS compliant
Emergency
Management Laws and Authorities
Function
General Plan for 2011 Calendar Year: Review all of our Emergency Management plans in the city
including the CEMP for completeness and compliance in terms of federal, state and local ordinances
and laws.
Emergency
Management Hazard Identification
Function
2 General Plan for 2011 Calendar Year: Assessment and identification of risks, including potential
natural and human caused events, and the potential impact of those hazards. Emphasis will be placed
on assessing seismic condition of City facilities and identifying methods of mitigating or resolving
issues. Ability to continue City operations and essential functions under various emergency scenarios
will also be assessed and mitigating or preparedness actions will be identified and taken.
Emergency
Management Planning
Function
3 General Plan for 2011 Calendar Year: Review of Comprehensive Emergency Management Plan
(CEMP) including Continuity of Operation Plans (COOP) from all departments. Ensure coordination
among plans and documentation of sufficient planning and action to achieve emergency management
goals.
Emergency
Management Communications and Warning
Function
General Plan for 2011 Calendar Year: Procure communication equipment for the City's primary and
4 back -up Emergency Coordination Centers to ensure communications interoperability and redundancy.
Stakeholders, residents, businesses and neighboring jurisdictions, need accurate and current
information concerning any threatened or actual disaster or emergency. To achieve successful
communication, the City will investigate, evaluate, select and implement effective communication tools
such as special mailings, timely articles in City publications, the Hazelnut and the Tukwila Reporter,
and postings to Regional Public Information Network (RPIN) and use of other mediums and methods.
DHS- FEMA- EMPG -FFY 11 Page 19 of 25
City of Tukwila
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Emergency
Management Public Education and Information
Function
5 General Plan for 2011 Calendar Year: Efforts will be made on a pro- active basis to educate the
public as to the City's emergency plan so those affected by an emergency or disaster will know how to
find accurate and current information, where to go for help, and how to respond under various
conditions in a safe and helpful manner; to train Blockwatch and other groups in emergency planning
and response techniques including CPR and other life safety measures by CERT trainer and others.
Emergency
Management Mitigation
Function
6 General Plan for 2011 Calendar Year: Evaluate existing flood mitigation measures such as levy
enhancement through placement of hesco fences and sand bags; enhance measures or remove
depending on perceived threat during the year and in the near future. Evaluate City facilities for seismic
weaknesses and other vulnerabilities; reinforce, retrofit or enhance structures to mitigate vulnerabilities.
Prioritize mitigation projects based on loss reduction.
Emergency
Management Operations and Procedures
7 Function
General Plan for 2011 Calendar Year: Create checklists and other easy to follow directives from
written CEMP and departmental COOPs to ensure efficient and accurate execution of plans during
disaster and other events.
Emergency
Management Training
Function
General Plan for 2011 Calendar Year: Create a documented training program to ensure
g management /response personnel and public officials receive training on the City's incident
management system. Ensure proficiency in use of all equipment especially communication and
response equipment. Identify personnel to comprise City's Incident Management Team (IMT) and train
them to the position to which they are assigned. Strive to bring our IMT members up to a high level of
training, one that will make them successful in their duties. As part of our training plan, participate in
the Integrated Emergency Management Course (IEMC) training for our region in 2011.
Emergency
Management Exercises
g Function
General Plan for 2011 Calendar Year: Create a documented exercise plan and program to ensure
personnel, procedures and processes are tested through realistic and complex simulated emergency
events.
Emergency
Management Logistics and Resource Management
Function
10 General Plan for 2011 Calendar Year: Review and test existing framework to ensure processes and
procedures supporting response and recovery operations are well thought out, logical and can be easily
understood and executed by personnel responsible for carrying them out. Procure equipment to ensure
safe and efficient handling and transport of resource materials and supplies during emergency planning
and response.
DHS- FEMA- EMPG -FFY 11
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Emergency
Management Mutual Aid
11 Function
General Plan for 2011 Calendar Year: Ensure the City's mutual aid agreements are well understood
by those involved, including management and elected officials, and are sufficient to support City
response in event of a significant disaster or emergency.
Emergency
Management Finance and Administration
Function
12 General Plan for 2011 Calendar Year: Ensure Finance Continuity of Operations Plan is well thought
out, tested and communicated to those who will be using the financial services during an event.
Procure equipment necessary to sustain essential functions. Document and communicate plan for
capturing resource usage and costs in an event; distribute applicable forms and provide instruction on
completing the forms; maintain awareness and gain knowledge of any changes in protocol or other
financially impactive actions by the County and State Emergency Management Division and FEMA.
DHS- FEMA EMPG -FFY 11
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Exhibit D
MILESTONE TIMELINE
FFY11 Emergency Management Performance Grant Program
MILESTONE
October 1, 2010
June 30, 2012
August 15, 2012
DHS- FEMA- EMPG -FFY 11
TASK
Start of Grant Agreement performance period.
End of grant performance period.
Submit all final reports, requests for reimbursement and /or
deliverables.
Page 22 of 25
City of Tukwila
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Exhibit E
Budget Sheet
FFY11 Emergency Management Performance Grant Program
LOCAL EMERGENCY MANAGEMENT BUDGET SUMMARY
Category
2011 Local
Funds Budget*
Salaries and Benefits
$170,701
In- Direct Costs
$25,872
Travel
$5,000
Training
$5,000
Supplies
$16,300
Telephones
$13,470
IT
$1,200
Janitorial Maintenance $2,361
Vehicle Costs $11,622
Insurance $2,655
Other $200,000
Total All Program Costs $454,182
FFY11 EMPG Award $82,207
The City of Tukwila award is $82,207. This is based on the FFY10 allocation factor of 18.1%
of approved local /tribal emergency management operating budgets. This award will not be
used to supplant the existing local /tribal funds identified above. The Department's
Reimbursement Spreadsheet will accompany each reimbursement request submitted. In
addition, the Contractor agrees to make all records available to Military Department staff, upon
request. A total of 5% of this award can be used to pay for management and
administration of this contract.
If the local /tribal emergency management operation budget should change, as the award
contract amount is based on the budget, an amendment may have to be issued
modifying the award contract amount.
No federal funds are included in the local emergency management operating budget.
Funding Source: U.S. Department of Homeland Security PI# 713PT EMPG
DHS -FEMA- EMPG -FFY 11
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City of Tukwila
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ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS
for Compliance With the
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109 -282)
A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109 -282 as amended by section 6202(a)
of Public Law 110 -252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first -tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de- obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
information for payment purposes and a link to D &B for maintaining current
DUNS information, www.ccr.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS)
number obtained from the firm Dun and Bradstreet (D &B) (www.dnb.com). A
DUNS number provides a method to verify data about your organization. D &B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if:
DHS- FEMA- EMPG -FFY 11 Page 24 of 25 City of Tukwila
E12 -111
26
I Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non -cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below:
Officer 1 Name
Officer;l Total Corn pe'nsation
!Y
amount F fi
Officer 2 Nari1e
Officer 2 Total Compensation
amount
Officer 3 Name
Officer 3 „Total Compensation,,1:
amount;
Officer 4 Name
Officer 4 Total'Compensation
amount,
Officer 5 Name, °1
Officer 5, Total Compensation
amounts
If your organization does not meet these criteria, specifically identify below each criteria that is
not met for your organization:
1 -12 -2011 Final
DHS- FEMA- EMPG -FFY 11 Page 25 of 25
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Washington Military Department Contract Number:
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as (DBA)
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
or Solicitation If any: Identifier (UBI) Identification
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Suspension, Ineligibility and Voluntary Exclusion- -Lower
Tier Covered Transactions
REAL? CAREFULLY BEFORE SIGN1140 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 time 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:
W
Washington Military Department Contract Number:
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Susnension. Ineliaibility, and Voluntary Exclusion
These terms refer to the status of a getson 'or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
had a contract or grant with a federal agency, and
gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sion this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a "lower tier participant
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligibie, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
29
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
PROJECT DESCRIPTION CONTRACT NUMBER
1. AUTHORIZING AUTHORITY
SIGNATURE I PRINT OR TYPE NAME TITLE/TERM OF OFFICE
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE I PRINT OR TYPE NAME I
\1NAC-1\VOL1\HOME\KARENBN....\WP\SIGNAUTH Revised 5/00
TITLE
TITLE
30
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts /Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
31
32
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Jennifer Ferrer -Santa Ines, Sr. Fiscal Coordinator
DATE: September 1, 2011
SUBJECT: Business License and RGRL Fees
Many customers as well as staff in Finance and other departments have given feedback
that the current business license and Revenue Generating Regulatory License (RGRL)
fee structures are overly complex and difficult to understand.
BACKGROUND
The following business license fees were adopted by Council on November 15, 2010
with Ordinance No. 2315:
of Emplovees
Fee
0 to 10
$100.00
11 to 20
$150.00
21 to 50
$300.00
51 to 100
$400.00
101 and up
$600.00
Home Occupation
$50.00
On July 19, 2010 Council adopted Ordinance No. 2297 which implemented an RGRL
fee of $55 per full time equivalent employee. Staff has attempted to resolve some
differences between the two ordinances that have caused unforeseen issues since
implementing both fees. One of the concerns expressed by customers is that because
the two fees are calculated differently, completion of the renewal or application form is
unduly burdensome. Finance staff has noted that businesses frequently pay one fee or
the other, whichever is lower. Well over half the renewal and application forms that have
come in since December 2010 have been completed incorrectly. The number of
renewals or applications completed online that are incorrect is at least as high.
DISCUSSION
In an attempt to simplify the business license and RGRL fee calculation process, staff
looked at ways to change the fee structure of one or both. Some cities in Western
33
INFORMATIONAL MEMO
Page 2
Washington that have an RGRL fee charge one combined fee per full time equivalent
employee. The fee is split by the Finance department, after being receipted in, into the
business license and RGRL components. This split is a relatively easy process given
modern automated cash receipting systems.
Below is a comparison of what a business with 10 full -time employees (FTE) would pay
for a business license in the cities below.
Base License Fee -flat amount
Base License Fee- head count
RGRL Fee -per FTE
Combination Rate Fee
Total Business License Fees
Kirkland Lynnwood Redmond Renton Tukwila
100.00 122.50
100.00
1,000.00 850.00 550.00
910.00 550.00
$1,100.00 972.50 910.00 550.00 650.00
From the information above, cities are either charging a combined rate or a flat amount
for the base fee plus RGRL for business licenses. Only Tukwila has a base license fee
based on head count and an RGRL fee based on a separate method, by full -time
equivalent (FTE).
An analysis of Tukwila's current fee structure, as compared to what a combined fee
might look like, reveals the City could charge a combined fee of $67 per full time
equivalent employee. This combined fee of $67 would replace the current separate
business license and RGRL fees, and the overall revenue collected would be revenue
neutral in comparison to the revenue that is currently coming in for business licenses
and RGRL fees.
A combined fee of $67 would result in a lowering of fees for many small businesses.
This is because a business with one employee currently pays a business license fee of
$100, equivalent to $100 per employee plus an RGRL fee of $55. A business of 10
employees also pays $100, or $10 per employee, plus an RGRL fee of $550. The
overall average business license fee per employee is just under $5. However, smaller
businesses are paying a proportionately higher fee per employee. For instance, a
business with 100 employees pays a business license fee of $400, or $4 per employee.
Below is a chart showing what the current fee structure costs for employers of 1 -10
employees, what the new fee structure would cost those businesses, and the proportion
of businesses in each category:
C A Temp\ Content. Outlook\ CBK0060U\ 1nfoMemo _BusinessLicenseFeeChanges.docx
34
INFORMATIONAL MEMO
Page 3
As you can see, the new fee structure would result in lower total fees for employers with
1 -8 employees. This group represents 65.72% of the businesses in Tukwila. Total fees
would be lower for some other larger employers too. In total, fees would go down for
71.08% of employers in the City.
These lower fees would be supplemented by somewhat higher fees for the City's largest
employers. We have 25 businesses in the City with 100 or more employees. Under the
current fee structure, these businesses pay about $588,000 in business license and
RGRL fees. Under the new fee structure, these 25 businesses would pay $698,000 in
total fees. The average increase for this group would be 15.61
Following are the advantages of implementing a combined business license and RGRL
fee:
A combined fee is much easier for businesses to understand, and makes the
renewal and application forms easier to complete. There would be one fee
calculation. The business would just enter their number of full time equivalent
employees, and the combined fee would be calculated based on that number.
The business would not have to calculate two separate fees and add them
together, as they are doing now.
The fee is more equitable for smaller businesses. Now the fees paid by the City's
smallest businesses, those with 1 -8 employees (66% of businesses in Tukwila),
are proportionately higher per employee than the fees paid by larger employers.
In total, approximately 71% of businesses in Tukwila would pay lower fees with
the new fee structure.
A simplified fee structure would result in fewer businesses paying incorrect
amounts and therefore being subject to late penalties and multiple handling of
accounts by Finance staff.
Business licenses would be issued much faster if we had a higher percentage of
businesses that calculate and pay the correct amount due the first time they send
something in to Finance.
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Current Fee Structure
Proposed
Bus.
Current
Bus License
License
Business
Fee Per
55.00
Total Fee
67.00
#of EE
License Fee
Employee
RGRL
Now
Combined Fee
Difference
#of Businesses
1
100
100.00
55.00
155.00
67.00
(88.00)
431
24.59%
2
100
50.00
110.00
210.00
134.00
(76.00)
195
11.12%
3
100
33.33
165.00
265.00
201.00
(64.00)
120
6.85%
4
100
25.00
220.00
320.00
268.00
(52.00)
106
6.05%
5
100
20.00
275.00
375.00
335.00
(40.00)
101
5.76%
6
100
16.67
330.00
430.00
402.00
28.00)
85
4.85%
7
100
14.29
385.00
485.00
469.00
(16.00)
56
3.19%
8
100
12.50
440.00
540.00
536.00
(4.00)
58
3.31%
9
100
11.11
495.00
595.00
603.00
8.00
36
2.05%
10
100
10.00
550.00
650.00
670.00
20.00
45
2.57%
As you can see, the new fee structure would result in lower total fees for employers with
1 -8 employees. This group represents 65.72% of the businesses in Tukwila. Total fees
would be lower for some other larger employers too. In total, fees would go down for
71.08% of employers in the City.
These lower fees would be supplemented by somewhat higher fees for the City's largest
employers. We have 25 businesses in the City with 100 or more employees. Under the
current fee structure, these businesses pay about $588,000 in business license and
RGRL fees. Under the new fee structure, these 25 businesses would pay $698,000 in
total fees. The average increase for this group would be 15.61
Following are the advantages of implementing a combined business license and RGRL
fee:
A combined fee is much easier for businesses to understand, and makes the
renewal and application forms easier to complete. There would be one fee
calculation. The business would just enter their number of full time equivalent
employees, and the combined fee would be calculated based on that number.
The business would not have to calculate two separate fees and add them
together, as they are doing now.
The fee is more equitable for smaller businesses. Now the fees paid by the City's
smallest businesses, those with 1 -8 employees (66% of businesses in Tukwila),
are proportionately higher per employee than the fees paid by larger employers.
In total, approximately 71% of businesses in Tukwila would pay lower fees with
the new fee structure.
A simplified fee structure would result in fewer businesses paying incorrect
amounts and therefore being subject to late penalties and multiple handling of
accounts by Finance staff.
Business licenses would be issued much faster if we had a higher percentage of
businesses that calculate and pay the correct amount due the first time they send
something in to Finance.
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35
INFORMATIONAL MEMO
Page 4
A simplified fee would mean less time that it takes for staff to answer questions
about how to calculate the fee, less staff time for following up with businesses in
writing or over the phone if they have paid incorrect amounts, and faster
depositing of payments received.
Staff will continue to investigate other ways to improve and simplify the business license
and RGRL fee processes. We have encountered many technical issues since
implementing the new fees, and these issues continue to this day but remain a high
priority for resolution. We also have a number of much needed improvements in the
works for the forms that are used for renewals and applications. These changes will be
made regardless of whether the fee structure is changed or not.
Options
There are a few options to consider in how we can restructure the calculation of
business license fees. The alternatives are:
1) adoption of a combined business license and RGRL fee of $67 per full -time
equivalent employee, and or
2) modify calculation of the base license fee from number of employees to full -time
equivalent (FTE) similar to that of calculating RGRL, or
3) Do nothing -leave fee structure and calculation as is.
RECOMMENDATION
Select an option from above. If option 1 and or 2 is selected, Staff will return with a draft
Ordinance for Finance Safety Committee to review on the 9/20 F &S meeting.
ATTACHMENT
Business License and RGRL Fee Analysis spreadsheet
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36
x
x
x
x
x
x
x
M A
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Shawn Hunstock, Interim City Administrator
Mike Villa, Police Chief
DATE: August 31, 2011
SUBJECT: Chronic Nuisance Ordinance
ISSUE
The City desires a way to address issues with both residential and commercial
properties that present a consistent life /safety concern for residents, businesses and the
City in general. The attached draft ordinance is one of several tools the City might use,
several of which are discussed below, in addressing these issues.
BACKGROUND
Certain commercial and residential properties are responsible for a proportionately
higher number of calls versus other properties. This means that Police officers are not
available for other calls for service throughout the community. These properties also
present a safety concern to neighboring residents and businesses. In addition, the
properties with persistent issues can drive down the value of neighboring properties and
act as a disincentive to future economic development and redevelopment of the area.
DISCUSSION
Chronic Nuisance Ordinance
The attached draft chronic nuisance ordinance creates a process by which the City can
identify properties that consistently present a life /safety concern to the community, ways
for the property owner or tenant to take corrective action, and for the imposition of
penalties and other remedies if the owner or tenant does not take steps to abate the
chronic nuisance.
The ordinance defines a chronic nuisance property as one which has:
1. Three or more nuisance activities in a sixty -day period; or
2. Seven or more nuisance activities in a twelve -month period; or
45
INFORMATIONAL MEMO
Page 2
3. Two or more instances in a twelve -month period whereby a court determines
probably cause exists that illegal possession, manufacture or distribution of a
controlled substance occurred on the property.
Nuisance activities are defined in the ordinance, and include such activities as drug
related activity, assault, disorderly conduct, prostitution, permitting prostitution, soliciting
prostitution and gang related activity.
In situations where the chronic nuisance property is not owner occupied, the draft
ordinance provides for notification of the owner of such property, and allows that
individual or business to work with the Chief of Police in accomplishing the abatement
requirements in the corrective action plan. The property owner also has other remedies
available according to the terms of the lease agreement, and state and local laws,
including eviction of the person in charge (the tenant) under certain circumstances.
The draft ordinance gives owners and tenants the ability and time to abate nuisance
activities on the property. Failure to take such corrective action could result in the
following:
1. When appropriate, the City may summarily abate the nuisance activity and
recovers the cost of such action from the person in charge; and
2. The owner or person in charge are each subject to civil infractions with a
monetary penalty of $100 for the first violation, $175 for the second, and $250 for
the third and subsequent violations; and
3. A Violation Notice and Order could be issued against the owner or person in
charge for monetary penalties of $500 per day until compliance with the Order is
achieved; and
4. Failure of the owner to cooperate with abatement of the nuisance activity would
result in the owner being assessed a civil penalty of up to $25,000; and
5. The City Attorney may initiate court action to abate a chronic nuisance property,
impose penalties under the chronic nuisance code, and seek any other relief
authorized by law.
The following is an estimated cost analysis for the police department for start-up and
ongoing monitoring and enforcement of the chronic nuisance ordinance. The below
figures include salary and benefits for the police department employees affected:
Task
Start-Up Tasks
Task Outline Training
Public Notifications
Emplovee Hours Cost
80 4,480
40 1,840
Monitoring Enforcement*
TOTAL (year one)
552 30,384
$36.704
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INFORMATIONAL MEMO
Page 3
*Tasks include various police department employees reviewing stats, reviewing police
reports, meetings with police administration, meetings with city attorney's office, drafting
letters of non compliance, meetings with the property owner, and monitoring
compliance; the figure is based on addressing six properties during the first year the
ordinance is in effect we anticipate that number dropping to four properties annually in
the years following, the Start-Up Tasks no longer applicable and the number of hours
pertaining to Monitoring Enforcement dropping to 368 for an estimated annual cost of
$20,256.
Call data is still being analyzed from the Police department, but it is estimated that
twenty individual properties make up a disproportionate number (25 of the 600+ calls
for service in 2010, that would fall under the chronic nuisance ordinance. At the rate
identified above, it would take approximately five years to address those twenty
properties.
Pre litigation legal costs are estimated to range from $5,000 to $10,000 per case. If a
case is litigated, the costs are estimated to be an additional $25,000 to $75,000 per
case, depending on the particular circumstances of the case.
Urban Overlay District and Plan
The goal of the chronic nuisance ordinance is to give the owner and /or tenant time to
abate the nuisance activity occurring on the property and remediate blight in the
community. State law and the Tukwila Municipal Code give the City certain other tools
in addressing blighted property. For instance, in the Urban Renewal Overlay District
along Tukwila International Boulevard, one of the options available to the City is
eminent domain.
In accordance with the City's adopted urban renewal plan, use of eminent domain in the
Urban Renewal Overlay District would allow the City to acquire, with compensation to
the property owner, those properties where the current use or design standards are
inconsistent with the City's vision for future development or redevelopment of properties
along Tukwila International Boulevard in the overlay district.
Community Challenge Grant
At the August 22, 2011 Community Affairs Parks committee meeting approval was
given to DCD to apply for a grant that would accomplish a number of things. Utilizing the
grant funding, the City would amend the comprehensive plan, zoning codes, building
codes, and infrastructure policies to achieve new development, redevelopment and
revitalization of the TIB corridor. The goal would be for the area to be more
economically viable and a sustainable neighborhood with more transit oriented
development, expanded housing choices and a safer, more livable community.
If awarded, the grant, among other things, would allow the City to assess current
conditions along the TIB corridor and the capacity of utility providers to service the area
for current and planned future uses. Citizen and business engagement, including
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47
INFORMATIONAL MEMO
Page 4
underserved immigrant and minority populations, would be a goal during development
of housing and other economic development options for Council to consider. The grant
would also provide funding for an evaluation of the redevelopment potential for three
"prototype" properties based on market financials.
Economic Development Issues
Properties which trigger the chronic nuisance ordinance provisions could potentially
drive down the value of the subject property and those surrounding it, and may be a
deterrent to future economic development or redevelopment. For that and other
reasons, it is in the public's interest that the nuisance activities cease. In a memo
included with this agenda packet, Derek Speck, Economic Development Manager,
discusses the development opportunities along the Tukwila International Boulevard
corridor, which is an area that the City could focus attention on using a new chronic
nuisance ordinance.
RECOMMENDATION
Staff is recommending adoption of the chronic nuisance ordinance. Council input on
other actions they would like staff to explore, if any, will determine additional future
steps to be taken.
The Council is being asked to consider this item at the September 12, 2011 Committee
of the Whole meeting and subsequent September 19, 2011 regular Meeting.
ATTACHMENT
Draft Ordinance
Informational Memorandum Derek Speck
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48
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Interim City Administrator
FROM: Economic Development Administrator
DATE: August 30, 2011
SUBJECT: Economic Development Incentives to Redevelop Properties
There are a number of economic development incentives that can encourage properties to
redevelop. Following are descriptions of some of the main incentives. Which ones are most
effective or appropriate will depend on many factors such as such as whether the property is
blighted, is a nuisance, is located in the City's urban renewal area, or is likely to redevelop on its
own in the current market conditions.
Entitlement Process Assistance: The City could encourage the property owner to
redevelop or sell the property by offering staff assistance through the entitlement and
permitting process.
Public Infrastructure: When private developers consider developing a property, they
take into account the public infrastructure serving their property. If a property is already
served by sidewalks, a road or alley, and sufficient utilities, it saves the developer money
which makes development more feasible. In order to more directly use the public
infrastructure as an incentive for redevelopment, the City could target redevelopment
areas for needed upgrades in infrastructure. The City could also use a development
agreement and negotiate the installation of these items if the developer takes action to
redevelop the property.
Local Improvement District: The City can fund public infrastructure by creating a local
improvement district (LID). This is a mechanism in which properties that benefit from a
public infrastructure project will pay for all or part of that project through an assessment
that is added to their property tax bill.
Local Revitalization Finance District: The City can designate a "revitalization area" and
pay for public infrastructure within that area from existing property taxes.
Multi family Property Tax Exemption: The City can designate an area in which it can
exempt new construction of multi family apartments or condos from paying property tax
for up to 12 years.
Property Acquisition for Public Use: The City can purchase property for public use such
as a municipal court, criminal justice center, emergency operations center, fire station,
public parking, etc. If the property owner is unwilling to sell, the City can purchase the
property through eminent domain proceedings.
INFORMATIONAL MEMO
Page 2
Property Acquisition for Private Use: The City can purchase property and resell it to a
developer. The seller must be willing unless the property is located within a designated
"community renewal area" or the property is necessary for a "community renewal
project'. In those cases the City can purchase the property through eminent domain, if
necessary.
In terms of purchasing property to be redeveloped for private use, there are a number of key
factors to consider:
Option to Purchase: It is not always necessary to purchase the property in order to get
sufficient control to incentivize redevelopment. If the seller is willing, the City can
purchase just the right to buy the property (an "option at a specified price. This would
cost much less than actually purchasing the property. The City would then sell the option
to a developer who could then purchase the property. If the City is unable to sell the
option within a specified time frame, the option would expire and the City would have no
further involvement with the property.
Developer Selection Process: If the site is NOT in an urban renewal area, the City would
most typically first acquire the property or option on the property and then select a
developer. If the site IS in an urban renewal area, the City has more flexibility and can
either select the property or developer first. In an urban renewal area, the City can
generally reduce its financial risk by selecting a developer first and executing a sales
agreement with the developer before the City purchases the property.
Developer Selection Criteria: The City can select a developer based on criteria such as
experience, financial capacity, and project concept or simply based on highest bid. Of
course, highest bid only works if the City already owns the property or an option to
purchase the property.
Except for the multi family property tax exemption, local revitalization financing, or purchasing
options on property, I have seen the City of Tukwila use all of the incentives described above.
There are many pros and cons to consider with these incentives. If some look to be of interest, I
can provide greater detail.
If you have any questions, please let me know.
50
I CTT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER 8.27
ENTITLED "CHRONIC NUISANCE PROPERTIES;" AMENDING
ORDINANCE NOS. 2333 §8 AND 2315 §1 (PART), AS CODIFIED
AT TUKWILA MUNICIPAL CODE SECTION 5.04.110, TO
INCLUDE BUSINESS LICENSE DENIAL OR REVOCATION FOR
CHRONIC NUISANCE PROPERTIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 35.22.280 empowers first class cities to define and abate
nuisances and impose fines upon persons responsible for creating or allowing
nuisances; and
WHEREAS, RCW 35A.21.160 grants code cities all of the powers which any city of
any class may have to the extent such laws are appropriate and not in conflict with the
provisions specifically applicable to code cities; and
WHEREAS, the Tukwila City Council finds that people should be able to enjoy
ownership, use and possession of property without the negative impacts caused by
chronic nuisance properties; and
WHEREAS, some persons who own or control property in the City of Tukwila allow
their properties to be used for illegal purposes, with the result that these properties have
become chronic nuisance properties; and
WHEREAS, the current provisions of the Tukwila Municipal Code (TMC) do not
provide adequate tools for abating chronic nuisances resulting from the use of
properties for illegal purposes; and
WHEREAS, chronic nuisance properties present serious health, safety and welfare
concerns and interfere with the quality of life, comfort and solitude of other persons
residing in the neighborhood, and
WHEREAS, chronic nuisance properties cause a financial burden upon the City by
the numerous calls for service to the properties because of the illegal activities that
repeatedly occur or exist on such properties;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 8.27 Adopted. TMC Chapter 8.27, "Chronic Nuisance
Properties," is hereby established to read as follows:
Chapter 8.27
CHRONIC NUISANCE PROPERTIES
Sections:
8.27.010 Definitions
8.27.020 Violation
8.27.030 Investigation, Civil Infraction, and Violation Notice and Order
8.27.040 Time in Which to Comply
8.27.050 Owner Cooperation
8.27.060 Voluntary Correction Agreement and Limited Right to Enter
Property
8.27.070 Appeal to Hearing Examiner
8.27.080 Penalties
8.27.090 Abatement by the City
8.27.100 Commencement of Action Enforcement
8.27.110 Burden of Proof
8.27.120 Additional Remedies
8.27.130 Suspension or Revocation of Business License
8.27.010 Definitions.
For purposes of this chapter, the following words or phrases shall have the meaning
prescribed below:
A. "Abate" means to repair, replace, remove, destroy, or otherwise remedy a
condition that constitutes a violation of this chapter by such means and in such a
manner and to such an extent as the Chief of Police determines is necessary in the
interest of the general health, safety and welfare of the community.
B. "Chief of Police" means the Chief of Police or his or her designees.
C. "Control' means the power or ability to direct or determine conditions, conduct,
or events occurring on a property.
D. "Chronic Nuisance Property" means:
1. A property on which 3 or more nuisance activities as described in TMC
Section 8.27.010(E) exist or have occurred during any 60 -day period, or 7 or more
nuisance activities have occurred during any 12 -month period, or
2. A property which, upon a request for execution of a search warrant, has
been the subject of a determination by a court 2 or more times within a 12 -month period
that probable cause exists that illegal possession, manufacture or delivery of a
controlled substance or related offenses as defined in RCW Chapter 69.50 has
occurred on the property.
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E. "Nuisance Activity" includes:
1. A "most serious offense" as defined in RCW 9.94A;
2. A "drug related activity" as defined in RCW 59.18.130;
3. Any of the following activities, behaviors or criminal conduct:
a. Assault, Reckless Endangerment, as defined in RCW 9A.36,
b. Stalking or Harassment, as defined in RCW 9A.46;
c. Disorderly Conduct, as defined in TMC Section 8.70.010;
d. Promoting, advancing or profiting from prostitution as defined in RCW
ti
e. Prostitution, as defined in RCW 9A.88.030;
f. Permitting Prostitution, as defined in RCW 9A.88.090(1);
g. Prostitution Loitering, as defined in TMC Section 8.50.040
h. Failure to Disperse, as defined in TMC Section 8.70.020,
Weapons violations, as defined in TMC Chapter 8.10,
Gang related activity, as defined in RCW 59.18.030(7).
F. "Owner" means any person who, alone or with others, has title or interest in any
property.
G. "Person" means an individual, group of individuals, corporation, partnership,
association, club, company, business trust, joint venture, organization, or any other
legal or commercial entity or the manager, lessee, agent, officer or employee of any of
them.
H. "Person in Charge" of a property means the owner and, if different than the
owner, any other person in actual or constructive possession of a property, including
but not limited to, a lessee, tenant, occupant, agent, or manager of a property under his
or her control.
I. "Property" means any land and that which is affixed, incidental or appurtenant
to land, including but not limited to any business or residence, parking area, loading
area, landscaping, building or structure or any separate part, unit or portion thereof.
J. "RCW' means the Revised Code of Washington.
K. "TMC" means Tukwila Municipal Code.
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8.27.020 Violation.
A. Any property within the City of Tukwila that is a chronic nuisance property as
defined in TMC Section 8.27.010 is in violation of this chapter and subject to its
remedies.
B. Owners and other persons in charge who permit property to be a chronic
nuisance property as defined in TMC Section 8.27.010 shall be in violation of this
chapter and subject to its remedies.
C. An owner who fails to comply with TMC Section 8.27.050 is in violation of this
chapter and is subject to penalties pursuant to TMC Section 8.27.080.
8.27.030 Investigation, Civil Infraction, and Violation Notice and Order.
A. Authority. Upon presentation of proper credentials, the Chief of Police may,
with the consent of a person in charge, or with other lawful authority, enter any building
or premises in order to perform the duties imposed by this chapter.
B. Investigation. The Chief of Police may investigate any activity that he or she
reasonably believes to be a nuisance activity as defined by TMC Section 8.27.010.
C. Civil Infraction. If, after investigation, or after the complaint of residents or
others, the Chief of Police has probable cause to believe the applicable standards or
requirements of the Tukwila Municipal Code have been violated, the Chief of Police may
issue a civil infraction citation in accordance with RCW 7.80, which is incorporated
herein by this reference, upon any owner(s) or other person(s) in charge.
D. Violation Notice and Order. Alternatively, after investigation, or based upon
the complaint of residents or others, the Chief of Police may serve a Violation Notice
and Order upon any owner(s) or other person(s) in charge. The Violation Notice and
Order shall contain the following information:
1. A declaration that the Chief of Police has determined the property has
become a chronic nuisance property and a concise description of the nuisance activities
that exist or that have occurred.
2. What corrective action, if any, is necessary in order to remedy the nuisance
activities.
3. A reasonable time for compliance.
4. A notice that the owner and other persons in charge of the property are
subject to monetary penalties as set forth in TMC Section 8.27.080.
5. An explanation of the appeal process and the specific information required
to file an appeal.
E. Service of a Violation Notice and Order. A Violation Notice and Order shall
be served on an owner or person in charge by personal service, registered mail, or
certified mail with return receipt requested, addressed to the last known address of such
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person. When a notice is issued pursuant to this section to a person in charge other
than an owner or an owner's agent, who has permitted a property to become a chronic
nuisance property, a copy of such notice shall also be served on the owner of the
property. If, after a reasonable search and reasonable efforts are made to obtain
service, the whereabouts of the person(s) is unknown or service cannot be
accomplished and the Chief of Police makes an affidavit to that effect, then service of
the notice upon such person(s) may be made by:
1. Publishing the notice once each week for two consecutive weeks in the
City's official newspaper; and
2. Mailing a copy of the notice to each person named on the Violation Notice
and Order by first class mail to the last known address if known or, if unknown, to the
address of the property involved in the proceedings.
F. Posting. A copy of the notice shall be posted at a conspicuous place on the
property, unless posting the notice is not physically possible.
G. Amendment. A Violation Notice and Order may be amended at any time in
order to
1 Correct clerical errors; or
2. Cite additional authority for a stated violation.
8.27.040 Time in Which to Comply.
A. Civil Infraction Citations. Civil infraction citations will be issued and
processed in accordance with RCW 7.80, which is incorporated herein by reference.
The Tukwila Municipal Court shall have jurisdiction over all civil infraction citations
issued under this chapter.
B. Determination of Time for Compliance with Violation Notice and Order.
Persons receiving a Violation Notice and Order shall rectify the nuisance activity
identified within the time period specified by the Chief of Police pursuant to Section
8.27.030(D) of this chapter.
C. Order Becomes Final Unless Appealed. Unless an appeal is filed with the
Chief of Police for hearing before the Hearing Examiner in accordance with Section
8.27.070 of this chapter, the Violation Notice and Order shall become the final order of
the Chief of Police. A copy of the notice may be filed and recorded with the King
County Recorder.
8.27.050 Owner Cooperation.
An owner who receives a copy of a notice pursuant to TMC Section 8.27.030(B)
describing a chronic nuisance property permitted by a person in charge other than the
owner or the owner's agent, shall promptly take all reasonable steps requested in
writing by the Chief of Police to assist in abatement of the nuisance property. Such
reasonable steps may include, but are not limited to, the owner taking all acts and
pursuing all remedies, including pursuing eviction of the person in charge, that are (1)
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available to the owner pursuant to any lease or other agreement, and (2) consistent with
state and local laws, including but not limited to RCW 59.18.580, the Victim Protection
Limitation on Landlord's Rental Decisions.
8.27.60 Voluntary Correction Agreement and Limited Right to Enter Property.
A. Applicability. While it is the City's desire to obtain voluntary correction
pursuant to TMC Chapter 8.27, compliance is not a prerequisite for pursuing any of the
other remedies for correction in TMC Chapter 8.27, or any remedies available in law or
equity. This section may apply whenever the Chief of Police determines that a chronic
nuisance exists.
B. General. The Chief of Police may attempt to secure voluntary correction by
contacting the person in charge and explaining the violation and requesting correction.
C. Voluntary Correction and Limited Right of Entry Agreement. A Voluntary
Correction and Limited Right of Entry Agreement is a contract between the City and the
person in charge of the chronic nuisance property in which such person agrees to
promptly take all lawful and reasonable actions, which shall be set forth in the
agreement, to abate the nuisance activities within a specified time and according to
specified conditions. A Voluntary Correction and Limited Right of Entry Agreement may
be entered into between the City of Tukwila— acting through the applicable department
director —and the person in charge for resolution of the violation. A Voluntary
Correction and Limited Right of Entry Agreement shall be signed by the person in
charge and, if different, the owner, and may include the following:
1. The name and address of the person(s) in charge;
2. The street address or other description sufficient for identification of the
building, structure, premises, or land upon or within which the violation has occurred or
is occurring;
3. A description of the nuisance activities;
4. The necessary corrective action to be taken, and a date or time by which
correction must be completed;
5. An agreement by the person in charge that the City may inspect the
premises as may be necessary to determine compliance with the Voluntary Correction
and Limited Right of Entry Agreement;
6. An agreement by the person in charge that the City may abate the
nuisance and recover its costs and expenses and monetary penalties pursuant to this
chapter from the person in charge if the terms of the correction agreement are not met,
and
7. When a person in charge, other than an owner or an owner's agent, has
permitted a property to be a chronic nuisance property, an agreement by the owner to
promptly take all acts and pursue all remedies requested by the Chief of Police pursuant
to TMC Section 8.27.050.
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8.27.070 Appeal to Hearing Examiner.
A. The person incurring the penalty described in a Violation Notice and Order
issued by the Chief of Police, pursuant to TMC Section 8.45.050(C), may obtain an
appeal of the Notice by requesting such appeal within 10 calendar days after receiving
or otherwise being served with the notice pursuant to TMC Section 8.27.030. When the
last day of the period so computed is a Saturday or Sunday, or a Federal or City
holiday, the period shall run until 4:30 PM the next business day. The request shall be
in writing and include the applicable appeal fee. Upon receipt of the appeal request, the
Chief of Police shall schedule an appeal hearing before the Hearing Examiner. Notice
of the hearing shall be sent to the appellant and /or the person(s) named on the Violation
Notice and Order under the procedures described in TMC Section 8.27.030(E), or as
may be otherwise requested by the appealing party.
B. The appeal fee for a Violation Notice and Order in an LDR zone shall be
$100.00, and in all other zones shall be $200.00.
C. At or after the appeal hearing, the Hearing Examiner may:
1. Sustain the Violation Notice and Order,
2. Withdraw the Violation Notice and Order;
3. Continue the review to a date certain for receipt of additional information; or
4. Modify the Violation Notice and Order, which may include an extension of
the compliance date.
D. The Hearing Examiner shall issue a written decision within 14 days of the date
of the completion of the review and shall cause the same to be sent to the person(s)
named on the Violation Notice and Order under the same procedures described in TMC
Section 8.27.030(E) or as otherwise directed by the appealing party.
E. The decision of the Hearing Examiner shall be final and conclusive unless
appealed. In order to appeal the decision of the Hearing Examiner, a person with
standing to appeal must file a land use petition, as provided in RCW 36.70C, within 21
days of the issuance of the Hearing Examiner's decision. The cost for transcription of
all records ordered certified by the Superior Court for such review shall be borne by the
appellant.
8.27.080 Penalties.
A. Violations of the Tukwila Municipal Code.
1. Civil Infraction. Any owner or person in charge who violates or fails to
comply with the provision of this chapter may be issued a civil infraction pursuant to
TMC Section 8.27.030(C). Each civil infraction shall carry with it a monetary penalty of
$100.00 for the first violation, $175.00 for a second violation of the same nature or a
continuing violation, and $250.00 for a third or subsequent violation of the same nature
or a continuing violation.
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2. Violation Notice and Order.
a. Any owner or person in charge who violates or fails to comply with the
provision of this chapter may, in the alternative, be issued a Violation Notice and Order
that shall carry with it a cumulative monetary penalty of $500.00 per day from the date
set for compliance until compliance with the Violation Notice and Order is achieved.
b. In addition to any penalty that may be imposed by the City, any owner
or person in charge shall be liable for all damage to public or private property arising
from such violation, including the cost of restoring the affected area to its condition prior
to the violation.
c. The penalty imposed by this section under a Violation Notice and
Order may be collected by civil action brought in the name of the City. The Chief of
Police may notify the City Attorney of the name of any person subject to the penalty,
and the City Attorney may, with the assistance of the Chief of Police, take appropriate
action to collect the penalty, including but not limited to attachment of a lien to the
property.
d. The Chief of Police shall have the discretion to impose penalties in an
amount lower than those set forth above.
3. An owner who fails to comply with TMC Section 8.27.040 is subject to a
civil penalty of up to $25,000.
B. Additional Relief. The Chief of Police may seek legal or equitable relief to
enjoin any acts or practices and abate any condition that constitutes or will constitute a
violation of the Tukwila Municipal Code. The remedies provided in TMC Chapter 8.27
are cumulative and shall be in addition to any other remedy provided by law.
C. Continued Duty to Correct. Payment of a monetary penalty pursuant to TMC
Chapter 8.27 does not relieve the person to whom the infraction or Violation Notice and
Order was issued of the duty to correct the violation.
8.27.090 Abatement by the City.
A. Abatement. The City may abate nuisance or code violations when:
1. The terms of the Voluntary Correction and Limited Right of Entry
Agreement have not been met; or
2. A Violation Notice and Order has been issued and the required correction
has not been completed by the date specified in the Violation Notice and Order; or
3. A written decision issued by the City's Hearing Examiner has not been
complied with by the date specified in the written decision; or
4. An action has been initiated in a court of competent jurisdiction pursuant to
TMC Section 8.27.100, and the court has found that the property is a chronic nuisance
property and issued an Order of Abatement for the property accordingly; or
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5. The nuisances or code violations are subject to summary abatement as
provided for in TMC Section 8.27.090(B).
B. Summary Abatement. Whenever any nuisance or code violation causes a
condition, the continued existence of which constitutes an immediate threat to the public
health, safety or welfare or to the environment, the City may summarily and without prior
notice abate the condition. Notice of such abatement, including the reason for it, shall
be given to the person in charge as soon as reasonably possible after the abatement.
No right of action shall lie against the City or its agents, officers, or employees for
actions reasonably taken to prevent or cure any such immediate threats, but neither
shall the City be entitled to recover any costs incurred for summary abatement, prior to
the time that actual notice of the same is provided to the person in charge.
C. Authorized Action by the City. Using any lawful means, the City may enter
upon the subject property and may remove or correct the condition that is subject to
abatement. Prior to or during such abatement, the City may seek such judicial process
as it deems necessary to effect the removal or correction of such condition, including
but not limited to obtaining an injunction or warrant of abatement.
D. Interference. Any person who knowingly obstructs, impedes, or interferes with
the City or its agents, or with the person responsible for the violation, in the performance
of duties imposed by TMC Chapter 8.27, shall be guilty of a misdemeanor punishable
by imprisonment not exceeding 90 days and a fine not exceeding $1,000.00.
E. Recovery of Costs and Expenses. All costs incurred by the City during
abatement of nuisance or code violations shall be billed to the owner or person in
charge, or both. Such costs may include, but are not limited to, the following legal and
abatement expenses:
1. "Legal expenses, for purposes of TMC Chapter 8.27, shall include but are
not limited to the following:
a. Personnel costs, both direct and indirect, including attorney's fees and
all costs incurred by the City Attorney's office or its designee to abate nuisances and
code violations.
b. Actual and incidental expenses and costs incurred by the City in
preparing notices, contracts, court pleadings, and all other necessary documents
required to abate nuisances and code violations.
c. All costs associated with retention and use of expert witness or
consultants during the course of abatement.
2. "Abatement expenses," for purposes of TMC Chapter 8.27, shall include
but are not limited to the following:
a. Costs incurred by the City for preparation of notices, contracts, and
related documents necessary to abate nuisance or code violations.
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b. All costs associated with inspection of the property and monitoring of
said property consistent with orders of compliance issued by the City's Hearing
Examiner or a court of competent jurisdiction.
c. All costs incurred by the City for hauling, storage, disposal or removal
of vegetation, trash, debris, dangerous structures or structures unfit for human
habitation pursuant to the International Building Code and /or International Property
Maintenance Code, potential vermin habitat or fire hazards, junk vehicles, obstructions
to the public right -of -way, and setback obstructions.
d. All costs incurred by law enforcement or related enforcement agencies
necessary to assist the City during abatement of nuisance or code violations.
e. All relocation /assistance costs pursuant to TMC Chapter 8.46.
F. Interest. All costs incurred by the City during abatement of nuisance and code
violations may include interest in amount as prescribed by law. Interest shall start to
accrue on the 30th day from mailing of the invoice pursuant to TMC Section
8.27.090.E.2.e.
G. Lien Authorized. The City shall have a lien for any monetary penalty
imposed, the cost of any abatement proceedings under TMC Chapter 8.27, and all other
related costs including attorney and expert witness fees, against the real property on
which the monetary penalty was imposed or any of the work of abatement was
performed.
8.27.100 Commencement of Action Enforcement.
Upon referral by the Chief of Police, the City Attorney may initiate an action in any
court of competent jurisdiction to abate a chronic nuisance property, to impose penalties
pursuant to this chapter, to seek alternative remedies under City or state laws and seek
any other relief authorized by law.
8.27.110 Burden of Proof.
A. In an action against a person in charge to abate a chronic nuisance property or
to recover penalties authorized by this chapter, the City shall have the burden of proof
to show by a preponderance of the evidence that the property is a chronic nuisance
property pursuant to this chapter.
B. In an action against an owner to recover penalties authorized by TMC Section
8.27.070, the City shall have the additional burden to prove by a preponderance of the
evidence that the owner failed to comply with TMC Section 8.27.040. Copies of police
incident reports and reports of other City departments documenting nuisance activities
shall be admissible in such actions. Additionally, evidence of a property's general
reputation and the reputation of persons residing in or frequenting the property shall be
admissible in such actions.
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8.27.120 Additional Remedies.
In addition to the remedies authorized by TMC Section 8.27.090, the court or Hearing
Examiner may impose any or all of the following penalties on the person in charge or
owner of a chronic nuisance property:
1. Order the person in charge to immediately abate nuisance activity from
occurring on the property.
2. Order that the Chief of Police shall have the right to inspect the property to
determine if the court's orders have been complied with.
3. Impose a penalty of up to $500 per day against the person in charge for
each day from the date the notice pursuant to TMC Section 8.27.030(D) was issued
until the Chief of Police confirms the property is no longer a chronic nuisance property.
4. Make any other order that will reasonably abate nuisance activities from
occurring on the property, including issuing an injunction to prevent the continued use of
the property in a manner that encourages chronic nuisance activity or authorizing the
City to take action to abate nuisance activities on the property and providing that the
costs of such City action are to be paid for by the person in charge of the property.
5. If the court finds that an owner failed to take all reasonable steps requested
in writing pursuant to TMC Section 8.27.050, the court may impose a civil penalty up to
$25,000.
6. If, as part of its order abating a chronic nuisance property, the court orders
a person in charge to cease renting or leasing a property, the court may order the
person in charge to pay relocation in the amounts authorized by TMC Chapter 8.46 to
any tenant who (1) must relocate because of the order of abatement, and (2) the court
finds not to have caused or participated in nuisance activities at the property. For
purposes of this section (8.27.120), the term "tenant" shall have the meaning as set
forth in RCW 59.18.030(19).
8.27.130 Suspension or Revocation of Business License.
In addition to any other remedy authorized by this chapter or other laws, the
business license of any person in charge shall be revoked and a new license not issued
for one year, pursuant to Title 5 of the Tukwila Municipal Code, upon:
1. A finding by the court that a property is a chronic nuisance property
pursuant to this chapter;
2. Issuance of a Violation Notice and Order for a chronic nuisance property
that is not timely remedied or appealed; or
3. A finding by the Hearing Examiner that a property is a chronic nuisance
property.
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61
Section 2. TMC Section 5.04.110, "Denial Revocation," Amended. Ordinance
Nos. 2333 §8 and 2315 §1 (part), as codified at TMC Section 5.04.110, are amended to
read as follows:
5.04.110 Denial— Revocation.
A. The Finance Director may deny any business license application pursuant to
TMC Section 5.04.105.
B. The Finance Director may deny or revoke any license under this chapter where
one or more of the following conditions exist:
1. The licensee is in default of any fee, charges or amounts due and payable
to the City of Tukwila, as outlined in the Tukwila Municipal Code or City policy.
2. The license was procured by fraud or by a false or misleading
representation of fact in the application, or in any report or record required to be filed
with the Finance Department.
3. The building, structure, equipment, operation or location of the business for
which the license was issued does not comply with the requirements or standards of the
Tukwila Municipal Code.
4. The license holder, his or her employee, agent, partner, director, officer or
manager has knowingly violated any provisions of any chapter of the Tukwila Municipal
Code, or has knowingly permitted, failed to prevent, or has otherwise allowed a violation
of any of the provisions of any chapter of the Tukwila Municipal Code to occur on his or
her business premises.
5. Conduct of the business would be in violation of any local, state or federal
law, rule or regulation prohibiting the conduct of that type of business.
6. The property at which the business is located has been determined
by a court to be a chronic nuisance property, a Violation Notice and Order for a
chronic nuisance property has been issued and not timely remedied or appealed,
or the Hearinq Examiner has determined the property to be a chronic nuisance
property, as provided in TMC Chapter 8.27.
C. Upon determination that grounds for denial, suspension or revocation of a
license exist, the Finance Director shall send the license holder a Notice of Denial,
Suspension or Revocation. Grounds for denial, suspension or revocation include
repetition of a violation of any provision of City policies or the Tukwila Municipal Code
that has been accompanied by a warning notice of such violation or previous notice of
the violation. The Notice of Denial, Suspension or Revocation shall set forth the
grounds for and terms of the denial, suspension or revocation and a statement advising
that the person may appeal from the Notice of Denial, Suspension or Revocation to the
Hearing Officer, provided that the appeal is made in writing and filed with the Finance
Director within 10 days from the date of receipt of the Notice of Denial, Suspension or
Revocation, and that failure to so appeal shall constitute a waiver of all rights to any
additional administrative hearing or determination on the matter. Upon issuance of such
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62
Notice, the license is suspended or revoked and is no longer valid and current, unless
appealed as provided in this chapter, in which case the effect of the suspension or the
revocation is stayed pending the outcome of the appeal.
D. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of
Denial, Suspension or Revocation shall be served upon the license holder either
personally or by mailing a copy of such Notice by certified mail, postage prepaid, return
receipt requested to such license holder to his or her last known address as provided in
the license application. Alternatively, the Notice may be posted upon the premises
where such license holder conducts his or her business, which is the subject of the
denied or revoked license.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or `constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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x
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO
FROM
DATE
Mayor Haggerton
Finance and Safety Committee
Shawn Hunstock, Interim City Administrator
August 29, 2011
SUBJECT: Miscellaneous Revenue Report for June 2011
Schedule I -Sales Tax
in 1,000's
Sales
Receipt
2010
2011
2011
Increase /(Decrease) %Increase /(Decrease)
Month
Month
Actual
Estimated
Actual
Month
YTD Month
YTD
Jan
Mar
1,034
1,080
1,039
(41)
(41) -3.80%
0.00%
Feb
Apr
1,006
1,033
1,043
10
(31) 0.97%
-1.47%
Mar
May
1,157
1,179
1,453
274
243 23.24%
7.38%
Apr
June
1,070
1,102
1,252
150
393 13.61%
8.94%
May
July
1,067
1,138
1,278
140
533 12.30%
9.63%
June
Aug
1,249
1,243
1,386
143
676 11.50%
9.98%
July
Sept
1,251
1,299
(1,299)
(623) 100.00%
-7.72%
Aug
Oct
1,216
1,176
(1,176)
(1,799) 100.00%
19.45%
Sept
Nov
1,357
1,185
(1,185)
(2,984) 100.00%
28.60%
Oct
Dec
1,082
1,036
(1,036)
(4,020) 100.00%
35.04%
Nov
Jan 12
1,202
1,101
(1,101)
(5,121) 100.00%
40.73%
Dec
Feb12
1,889
1,628
(1,628)
(6,749) 100.00%
-47.53%
Totals
14,580
14,200
7,451
Mitigation Received
611
8,062
109.15%
of Budget Incl. Mitigation
Sales tax collections for June showed a significant increase versus the same month in the
previous year. June represented the eleventh consecutive increase over the twelve months. For
June, collections more than the budget for the month, and more than actual collections in the
same month the previous year. Actual receipts for June were $143,000 more than budget, and
$137,000 more than the same period last year. We are up 11.50% for the month compared to
budget, and up by 13.19% compared to the same month last year. Not including one -time
money from new construction, we are 9.24% ahead of last year's collections to date. This is just
the sixth month since August 2008 that actual sales tax collections for the month were more
than the budgeted amount.
Including mitigation payments, we are currently at 109.16% of budget for the year to date. This
includes a mitigation payment of $305,295.38 received on June 30, 2011. Mitigation payments
are now annualized and will only be adjusted once per year in the fall, effective with the
December 31 payment. Staff completed work on the last mitigation detail file and submitted to
the Department of Revenue a list of firms that should be removed from the mitigation calculation
65
INFORMATIONAL MEMO
Page 2
process. These firms are ones that were offsetting other losses, thereby reducing our mitigation
payment.
Schedule II shows the year -to -date sales tax from the top ten industry classifications. As this
schedule indicates, the trend is flat or down for most of the classifications.
Schedule II
Mitigated NAICS Code
As you can see there are large variances from last year for the same time period. For instance,
sales tax for Construction of Buildings is up by 81.66 Electronics and Appliances is up by
66.47 and Wholesale Trade Durable Goods is down by 7.23 As illustrated above, four of
the top ten merchant categories have declined versus prior year, and all but one of the ten
industry classification codes are ones for which we receive streamlined sales tax mitigation.
Schedule III shows the ten largest declines in sales tax revenue for industries with over $10,000
collected year -to -date.
Schedule III
YTD
YTD
Dollar
Group
Name
Current
Prior
Diff.
Diff.
448*
Clothing and Accessories
902,434
870,515
31,919
3.67%
452*
General Merchandise Stores
878,601
888,669
(10,067)
1.13%
443*
Electronics and Appliances
721,920
433,662
288,257
66.47%
722*
Food Services, Drinking Places
655,464
660,216
(4,752)
-0.72%
423*
Wholesale Trade, Durable Goods
553,403
596,545
(43,142)
-7.23%
236
Construction of Buildings
441,691
243,147
198,544
81.66%
441*
Motor Vehicle and Parts Dealer
308,874
302,191
6,683
2.21%
451*
Sporting Goods, Hobby, Books
289,029
286,712
2,316
0.81%
444*
Building Material and Garden
241,066
249,590
(8,525)
-3.42%
453*
Miscellaneous Store Retailers
228,741
221,936
6,805
3.07%
Mitigated NAICS Code
As you can see there are large variances from last year for the same time period. For instance,
sales tax for Construction of Buildings is up by 81.66 Electronics and Appliances is up by
66.47 and Wholesale Trade Durable Goods is down by 7.23 As illustrated above, four of
the top ten merchant categories have declined versus prior year, and all but one of the ten
industry classification codes are ones for which we receive streamlined sales tax mitigation.
Schedule III shows the ten largest declines in sales tax revenue for industries with over $10,000
collected year -to -date.
Schedule III
Mitigated NAICS Code
Attached is a Sales Tax Summary comparing year -to -date 2011 vs. 2010 by major NAICS
codes. Also included is a comparison of total receipts year -to -date for the last six years.
Below is Schedule IV which shows quarterly gambling tax receipts for last year, and the current
year to date.
WAFIN Projects \Sales Tax Information \Sales Tax Files from Shawn\2011\Info Memo Revenue Report 08292011.docx
i•
YTD
YTD
Dollar
Group
Name
Current
Prior
Diff.
Diff.
531
Real Estate
18,978
22,103
(3,125)
14.14%
811
Repair and Maintenance
44,594
50,575
(5,981)
11.83%
512
Motion Picture, Sound Record
13,688
15,333
(1,645)
10.73%
517
Telecommunications
170,182
186,198
(16,015)
-8.60%
423*
Wholesale Trade, Durable Goods
553,403
596,545
(43,142)
-7.23%
323*
Printing and Related Support
23,157
24,105
(948)
-3.93%
444*
Building Material and Garden
241,066
249,590
(8,525)
-3.42%
424*
Wholesale Trade, Nondurable
48,539
49,799
(1,260)
2.53%
452*
General Merchandise Stores
878,601
888,669
(10,067)
1.13%
722*
Food Services, Drinking Places
655,464
660,216
(4,752)
-0.72%
Mitigated NAICS Code
Attached is a Sales Tax Summary comparing year -to -date 2011 vs. 2010 by major NAICS
codes. Also included is a comparison of total receipts year -to -date for the last six years.
Below is Schedule IV which shows quarterly gambling tax receipts for last year, and the current
year to date.
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i•
INFORMATIONAL MEMO
Page 3
Schedule IV Gambling Tax
Actuals
Sales
2010
2011
2011
Increase /(Decrease)
%Increase /(Decrease)
Quarter
Actual
Estimated
Actual
Month
YTD
Month
YTD
Jan Mar
417,078
464,547
478,118
13,571
13,571
2.92%
0.00%
Apr Jun
532,667
593,292
389,776
(203,516)
(189,945)
34.30%
17.96%
Jul Sep
439,255
489,248
(489,248)
(679,193)
100.00%
43.90%
Oct Dec
496,414
552,913
(552,913)
(1,232,106)
100.00%
58.67%
Totals
$1,885,414
2,100,000
867,894
373
(69,343)
0.97%
29.10%
As you can see, we are currently $189,945 under budget through June 2011, or 17.96% below
budget. Actual receipts for 2011 are 8.62% below actual receipts to date in 2010. However, this
is largely due to one of the casinos being late with their second quarter tax payment. As of
today's date, that casino has not yet paid their second quarter taxes.
Below is Schedule V which shows monthly admission tax receipts for the prior year and current
year to date.
Schedule V Admissions Tax
Actuals
Sales
2010
2011
2011
Increase /(Decrease)
%Increase /(Decrease)
Month
Actual
Estimated
Actual
Month
YTD
Month
YTD
Jan
52,751
57,532
31,217
$(26,315)
(26,315)
45.74%
0.00%
Feb
39,232
42,788
30,403
(12,385)
(38,701)
28.95%
38.58%
Mar
51,861
56,562
39,696
(16,866)
(55,566)
29.82%
35.42%
Apr
39,294
42,855
28,705
(14,150)
(69,717)
33.02%
34.90%
May
35,365
38,570
38,944
373
(69,343)
0.97%
29.10%
June
48,428
52,818
57,325
4,508
(64,836)
8.53%
22.27%
July
62,293
67,939
(67,939)
(132,775)
100.00%
36.98%
Aug
42,284
46,116
(46,116)
(178,892)
100.00%
44.15%
Sept
37,853
41,284
(41,284)
(220,176)
100.00%
49.32%
Oct
27,638
30,144
(30,144)
(250,320)
100.00%
52.52%
Nov
35,594
38,820
(38,820)
(289,140)
100.00%
56.10%
Dec
50,036
54,571
(54,571)
(343,711)
100.00%
60.30%
Totals
522,628
570,000
226,289
Admission tax receipts are currently 22.27% below budget for the year, and 15.23% below prior
year actual receipts. We are working with one of the largest taxpayers for admissions tax to
determine the cause of the decline. It appears that the decline is due to a decline in economic
activity for that industry, a movie theater, but we are working on confirming the tax payments
with the Department of Revenue. Also, it is expected that there will be an increase in admission
tax payments with the recent opening of the Fly indoor skydiving facility near the mall.
Please let me know if you have any comments or questions. Thank you.
WAFIN Projects\Sales Tax Information\Sales Tax Files from Shawn12011\Info Memo Revenue Report 08292011.docx
67
Sales Tax Summary
$2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000
Sales Taxes Collected Year to Date
70