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City Council Meeting - Council - Agenda - 01/19/2010
1 r. M ' r CITY OF KENT City Council Meeting A enda January 19,, 2010 Mayor Suzette Cooke Jamie Perry, Council President Councillmembers Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee KENT WASH IN IT'N ( Les Thomas CITY CLERK 1^clYnoi 35 � 'll KENT CITY COUNCIL AGENDAS NS 7KFENT January 19, 2010 WASHINGTON Council Chambers i MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Transportation Funding Tim LaPorte SO minutes 2. Intergovernmental Issues Michelle Witham 10 minutes COUNCIL MEETING AGENDA 7:00 p.m. f 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B.i FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand`or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. National Guard Patriot Award Presentation D. Panther Lake Annexation Campaign Team Recognition E. Introduction of Appointee F. Introduction of Tudor Square Neighborhood Council G. Legislative Update H. Public Safety Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve' B. Payment of; Bills - Approve C. Washington State Recreation & Conservation Office Grant Agreement for Panther Lake Acquisition' - Accept D. Strickland, 'Heischman & Hoss, Inc./Professional Services Contract for Horseshoe Bend Levee Improvements Project - Authorize (Continued) i COUNCIL MEETING AGENDA CONTINUED E. Northwest Hydraulic Consultants, Inc/Consultant Services Contract for Horseshoe Bend Levee Improvements Project - Authorize F. Granger Company/Professional Services Contract for Horseshoe Bend Levee Improvements Project - Authorize j G. Rittenhouse' Consulting/Professional Services Contract for Horseshoe Bend Levee Improvements Project - Authorize H. Eastman Company/Professional Services Contract for Horseshoe Bend Levee Improvements Project - Authorize I. Homeland Security Subgrant for Community Emergency Response Team Accept and Authorize 3. Homeland Security Subgrant for Continuing Education —Accept and Authorize K. Seattle Police Department Interagency Agreement'Amendment Providing Additional Grant Funds - Authorize and Accept L. Land Use & Planning Board Appointment - Confirm M. Jail Services Agreement - Authorize N. Tudor Square Neighborhood Council Formation Resolution - Adopt 0. King County Metro Agreement for Transit Services'- Authorize P. Air Liquide Revision 389 Bill of Sale - Accept Q. Orme Plat (a/k/a Avalon Court) Bill of Sale - Accept R. Powers Short Plat Bill of Sale - Accept S. Kent Fire Department/Regional Fire Authority Ballot Proposition Resolution - Adopt 7. OTHER BUSINESS None `I 8. BIDS None I 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUEP COMMUNICATIONS / d F I 11. EX'ECUTIVE SESSION AND AFTER EXECUTIVE SESSION I 12. ADJOURNMENT I i I NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. C An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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O a ro OA•Y a u C CL It `�i > N ro a v c E Y u m u ® cCL E O bo 3 > v N o a ro � u ` ro a M'c o o b Y c o o E c o.� ro o c • - oco a ° � >° � ° ac tlzNN om au >pEro • w�aro'CCu>aco�a Hao ,�C•• ma ro Earo 'c .; �E° rcOCo O �Uro'C O o. oam ro 0 c E a.-T O.C° O O NO< U 1, 7 u -0U 0 a s ° U LIEa ao,M _° .)-s a - Y c o d IEot �Mo C, E ° 1a .o0 °v'QL _ c3o m�� o c a "OID >'� Na C� ro E. o 0o o ro-2 OO U o. 0. $° ` o0, ° u N>.2•N Cl f ) � n Q < m n i i ( i I COUNCIL WORKSHOP i 1) TRANSPORTATION FUNDING 2) INTERGOVERNMENTAL ISSUES i I i i r r t i - I CHANGES TO THE AGENDA i Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF i I B) FROM THE PUBLIC i I j i PUBLIC COMMUNICATIONS A PUBLIC RECOGNITION B) COMMUNITY EVENTS C) ' NATIONAL GUARD PATRIOT AWARD.PRES ENTATI ON D) PANTHER LAKE ANNEXATION CAMPAIGN TEAM RECOGNITION E) INTRODUCTION OF APPOINTEES F) INTRODUCTION OF TUDOR SQUARE NEIGHBORHOOD COUNCIL G) LEGISLATIVE REPORT H) PUBLIC SAFETY REPORT 1 I I I I ( 1 I i i i 1 I i Kent City Council Meeting I g Date January 19, 2010 I N, Item o. 6A 6B CONSENT CALENDAR 6. City Council Action: i Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through S. Discussion I I Action` i 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 5, 2010. 6B. Approval of Bills. Approval of payment of the bills received through November 30 and paid on November 30, 2009, after auditing by the Operations Committee on January 5, 2010. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/09 Wire transfers 3961-3973 $1,279,870.69 11/30/09 Regular checks 638230-638566 3,497,527.37 Use tax payable 984.18 $4,778,382.24 Approval of payment of the bills received through December 15 and paid on December 15, 2009, after auditing by the Operations Committee on January 5, 2010. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/09 Wire transfers 3974-39904005 $2442,254.57 12/15/09 Regular checks 638567-638937 2173,864.76 Void checks 638905 (5,508.27) Use tax payable 3,589.24 $4,614,200.30 i (continued on back) I 6B. Approval of Bills. Approval of checks issued for payroll for December 1 and paid on December 1, 2009: Date Check Numbers Amount 12/1/09 Void check 315103 ($640.45) 12/1/09 Check 315251 640.45 $ 0.00 Approval of checks issued for payroll for November 16 through November 30, and paid on December 4, 2009: Date Check Numbers Amount 12/4/09 Checks 315252-315475 $ 369,511.28 12/4/09 Advices 258997-259757 2,158,156.35 $2,527,667.63 Approval of checks issued for payroll for December 7 and paid on December 7, 2009: Date Check Numbers Amount 12/7/09 Checks 315476 $114.20 $114.20 Approval of checks issued for payroll for December 1 through December 15 and paid on December 18, 2009: Date Check Numbers Amount 12/18/09 Checks 315477-315686 $ 169,905.23 12/18/09 Advices 259758-260519 1,643,991.18 $1,813,896.41 _'i Kent City Council Meeting KEN T WASHINGTON January 5, 2010 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council Administration Staff. (CFN-198) No changes were made. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Oath of Office. (CFN-198) The City Clerk administered the Oath of Office to newly re-elected Mayor Suzette Cooke and Councilmembers Elizabeth Albertson, and Jamie (Danielson) Perry, and newly elected Councilmember Dennis Higgins. B. Election of Council President. (CFN-198) Raplee moved that Councilmember Jamie Perry serve as Council President. Thomas seconded. There were no further nominees, and the motion carried. Perry then announced Council Committees as follows: * Economic and Community Development (formerly Planning and Economic Development) - Jamie Perry, Chair; Elizabeth Albertson; Debbie Ranniger * Parks and Human Services - Debbie Ranniger, Chair; Elizabeth Albertson; Dennis Higgins * Public Works - Debbie Raplee, Chair; Ron Harmon; Dennis Higgins * Operations - Les Thomas, Chair; Jamie Perry; Debbie Raplee * Public Safety - Ron Harmon, Chair; Les Thomas; Dennis Higgins Perry also announced special committee appointments as follows: * LEOFF 1 Board - Debbie Raplee; Ron Harmon * Human Services - Elizabeth Albertson * Lodging Tax Advisory Board - Les Thomas * Arts Commission - Debbie Ranniger C. Public Recognition. (CFN-198) Mayor Cooke and each of the newly elected and re-elected Councilmembers introduced family and friends in attendance, and commented on their hopes for the city in the future. D. Community Events. (CFN-198) Ranniger announced the appearance of Pink Floyd at the ShoWare Center, and the Peking Acrobats at Kentwood Performing Arts Center. Mayor Cooke announced an annexation open house in the Panther Lake annexation area on January 9. E. APA Award Presentation. (CFN-155) Planning Manager Anderson announced that the City has been awarded the Citizen Involvement Award by the American Planning Association for their efforts on the Envision Midway project. The award was presented to Gloria Gould-Wesson, leader of the project. 1 i Kent City Council Minutes January 5, 2010 F. Introduction of Appointees. (CFN-198) Mayor Cooke introduced Navdeep Gill, her appointee to the Land Use & Planning Board, and Oriana Pon, her appointee to the Human Services Commission. Both appointees then explained their interest in serving. G. Police Swearing In Ceremony. (CFN-122) Police Chief Strachan introduced Officer Scott Rankin and Officer Craig Lamp, who were then sworn in by Mayor Cooke. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through M. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of December 8, 2009, were approved. i I B. Approval of Bills. (CFN-104) Figures were not available. C. Aspect Consulting/Environmental Legal Services Contract. (CFN-1038) The Mayor was authorized to sign Amendment No. 1 to the consultant services agreement with Aspect Consulting for environmental legal services related to the Landsburg Mine site in the amount of $31,979, for a revised contract total of $80,596, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. D. King County Metro RapidRide Agreement. (CFN-171) The Mayor was authorized to sign the RapidRide Agreement with King County Metro, to provide new, more efficient bus service on Pacific Highway South (SR 99) in Kent, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. (I E. King County Metro RapidRide Fiber Optic Agreement. (CFN-1038) The Mayor was authorized to sign the agreement between the City of Kent and King County Metro regarding the design, construction, ownership and maintenance of the A-Line RapidRide Fiber Optic Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. F. Notice of Sanitary Sewer Connection Charge. (CFN-553) The Public Works Department was authorized to establish a sewer connection charge for five properties along 104t" Place SE, upon concurrence of the language therein by the City Attorney and the Public Works Director. G. AECOM Levee Improvement Contract. (CFN-1318) The Mayor was authorized to sign a contract with AECOM in the amount of $34,676.01, to provide structural engineering services with regard to retaining walls required as part of the Horseshoe Bend Levee, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. i H. AMEC Geomatrix, Inc. Levee Improvement Contract. (CFN-1318) The Mayor was authorized to sign a contract with AMEC Geomatrix, Inc. in the amount of $21,142, for an Archeological Reconnaissance Survey and report, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. 2 Kent City Council Minutes January 5, 2010 I. Mill Creek Middle School Phase II Bill of Sale. (CFN-484) The Bill of Sale for the Mill Creek Middle School Phase II project for 4 water main gate valves, 2 water main hydrants, and 26 linear feet of water line was accepted. J. River Place at The Lakes Bill of Sale. (CFN-484) The Bill of Sale for the River Place at The Lakes project for 5 water main gate valves; 7 water main hydrants; 1,991 linear feet of waterline; 11 sanitary sewer manholes; and 1,824 linear feet of sanitary sewer line was accepted. K. West Valley Highway Sanitary Sewer Replacement. (CFN-1038) The West Valley Highway Sanitary Sewer Replacement Project was accepted as complete and release of retainage to Riverton Contractors, Inc., upon receipt of standard releases from the state and the release of any liens was authorized. L. Kent Land Use & Planning Board Appointment. (CFN-174) The Mayor's appointment of Navdeep Gill to the Land Use & Planning Board for a three-year term expiring 12/31/12 was confirmed. Mr. Gill will replace Alan Gray who did not seek reappointment. M. Kent Human Services Commission Appointment. (CFN-873) The Mayor's appointment of Oriana Pon to the Human Services Commission was confirmed. Ms. Pon will fill the vacancy left by Tamara Sleeman and her term will expire on January 1, 2013. REPORTS A. Council President. (CFN-198) Raplee thanked the Council and staff for their support during her term as Council President. B. Mayor. (CFN-198) Mayor Cooke announced that King County Council member Pete Von Reichbauer has offered his services in the year ahead. She noted that neighborhood councils are starting to meet and encouraged citizens to attend. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the committee will meet on January 21St, and that the meeting date may change after that. E. Planning and Economic Development Committee. (CFN-198) Perry noted that the committee will meet on Monday, January 11th at 5:00 p.m. F. Public Safety Committee. (CFN-198) Harmon noted that the committee will meet on January 12t" at 5:00 o'clock. G. Public Works Committee. (CFN-198) Raplee noted that due to the holiday on January 18, the next meeting will be held on Monday, January 25t" at 4:00 p.m. H. Administration. (CFN-198) CAO Hodgson congratulated the newly elected and re-elected Mayor and Councilmembers. 3 Kent City Council Minutes January 5, 2010 ADJOURNMENT The meeting adjourned at 7:42 p.m. (CFN-198) 'i Brenda Jacober, CIVIC City Clerk I I i I i j i i 4 i Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 6C 1. SUBJECT: WASHINGTON STATE RECREATION & CONSERVATION OFFICE' I GRANT AGREEMENT FOR PANTHER LAKE ACQUISITION - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington State Recreation and Conservation Office grant in the amount of $536,115, for the acquisition project in the Panther Lake area, approve the expenditure of funds in the Land acquisition budget, and authorize the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney. As part of strategic planning for the Panther Lake Annexation Area parks staff identified several parcels on Panther Lake to target for potential acquisition. Staff submitted a grant application to the Recreation and Conservation Office (RCO) in the Washington State Recreation and Parks (WWRP) Water Access category. We were selected as the first alternate during the initial grading period'and due to other projects not meeting contracted requirements we are now in line for partial funding of our acquisition request. This,project agreement will grant $536,115 of the approximately $1.2 million that was requested from the RCO. It will also position the city for additional funds, should money come available'from other awarded projects. 3. EXHIBITS: WWRP Project Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes _ No X 6. CITY COUNCIL ACTION: i Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: I Y WASHINGTON STATE Recreation and Conservation Office WWRP Project Agreement Outdoor Recreation Account Project sponsor: Kent Parks, Recreation &Community Services Project Number:08-1354A Project Title: Matinjussi Panther Lake Acquisition Approval Date:11/20/2009 A. PARTIES OF THE AGREEMENT This project grant agreement(agreement)is entered into between the State of Washington by and through the Recreation and Conservation Funding Board(RCFB), P.O. Box 40917, Olympia,Washington 98504-0917 and City of Kent by and through the Kent Parks, Rec&Comm Sery(sponsor),220 4th Ave S, Kent,WA 98032-5895 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject project is described on the attached project summary. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on December 7,2009 and end on April 29, 2011. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this agreement or specifically provided for by funding board/office policy. Requests for time extensions are to be made at least 60 days before the agreement end date. If a request for a time extension is not made at least 60 days before the agreement end date,the request may be denied. If the request is made after the agreement end date,the time extension will be denied. i E. ON-GOING OBLIGATION For acquisition projects the project sponsor's on-going obligations shall be in perpetuity and shall survive the completion/termination of this project agreement unless otherwise identified in the agreement or as approved by the funding board. It is the intent of the funding board's conversion policy(see section 26)that all lands acquired with funding assistance remain in the public domain in perpetuity. F. PROJECT FUNDING The total grant award provided by the funding board/office for this project shall not exceed$536,116.00, The funding board/office shall not pay any amount beyond that approved for funding of the project. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amount RCFB-WWRP-Water Access 49.93% $536.115.00 Project Sponsor 50.07% $537,618.00 Total Project Cost 100.007% $1,073,733.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this agreement are subject to this agreement and its attachments, as now existing or hereafter amended, including the sponsor's application, project summary,eligible reimbursement activities report, and project milestones,all of which are incorporated herein. Except as provided herein, no amendment/deletlons of any of the terms or conditions of this agreement will be effective unless provided in writing. All such amendment/deletions except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's director or designee. The sponsor has read,fully understands,and agrees to be bound by all terms and conditions as set forth in these documents. WWRP Project Agreement-RCO#08-1354A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 1 of 13 PROJAGR.RPT H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRF13 POLICIES This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and regulations,including Chapter 79A.15 RCW,Chapter 286 WAG,and published agency policies,which are Incorporated herein by this reference as if fully set forth. I 1. SPECIAL CONDITIONS None J. FEDERAL FUND INFORMATION (none) K. PROJECT AGREEMENT REPRESENTATIVE All written communications sent to the sponsor under this agreement will be addressed and delivered to: Project Contact RCFB Name: Brian Levenhagen Recreation and Conservation Office Title: Assistant Park Planner Natural Resources Building Address: 220 4th Ave S PO Box 40917 Kent,WA 98032 Olympia,Washington 98504-0917 These addresses shall be effective until receipt by one party from the other of a written notice of any change. r L. ENTIRE AGREEMENT This agreement,with all amendments and attachments,constitutes the entire agreement of the parties. No other understandings,oral or otherwise,regarding this agreement shall exist or bind any of the parties. f� M. EFFECTIVE DATE This agreement,for project 08-1354A,shall be effective on signing by all parties. Reimbursements for eligible and allowable costs incurred prior to the effective date and those costs incurred within the period of performance are allowed only when this agreement is signed by all parties and an original is received by RCO, The period of performance is identified in section D. The signators listed below represent and warrant their authority to bind the parties to this agreement. Kent Parks,Roe&Comm Sery By. Date: E Name. (printed) Title: State of Washington On behalf of the Recreation and Conservation Funding Board(RCFB) i By: Date* Kaleen Cottingham Director, Recreation and Conservation Office i Pre-approved as to form: By: /S1 Date: April 1, 2009 Assistant Attorney General I WWRP Project Agreement-RCO#08-1354A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAG Page 2 of 13 PROJAGR.RPT i I WASHINGTON STATE ,. Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project sponsor: Kent Parks, Recreation&Community Services Project Number:08-1354A Project Title: Matinjussi Panther Lake Acquisition Approval Date:11l20l2009 SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS A, Any citations referencing specific documents refer to the current version at the date of project agreement and/or any revisions in the future. B. Headings used in this agreement are for reference purposes only and shall not be considered a substantive part of this agreement. C. Definitions.As used throughout this agreement,the following terms shall have the meaning set forth below: acquisition-The gaining of rights of ownership by purchase,negotiation,or other means,of fee or less than fee interests in real property. agreement-The accord accepted by all parties to the present transaction;this agreement,any supplemental agreements,any amendments to this agreement and any Intergovernmental agreements. applicant-Any agency or organization that meets the qualifying standards,including deadlines,for submission of an application soliciting a grant of funds from the funding board. application-The forms and support documents approved by the funding board or its director for use by applicants in soliciting project funds administered by RCO. asset-Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this agreement.This definition is restricted to non-fixed assets,including but not limited to vehicles,computers or machinery. cognizant or oversight agency-Federal agency responsible for ensuring compliance with federal audit requirements. contractor-Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate agreement with the sponsor.The term"contractor"and"contractors"means contractor(s)in any tier, corporate sponsor-Any corporate form of business,including nonprofit organizations,under RCW 23,23B and 24, development/renovation-Construction of or improvement of site or site facilities. director-The chief executive officer of the Recreation and Conservation Office or that person's designee. elements and Items-Components defined as part of the scope of work,see Section 26 B. funding board-The board that authorized the funds in this agreement,either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A.25.110 RCW,or the Salmon Recovery Funding Board(SRFB)created under chapter 77.85.110 RCW. landowner agreement-A landowner agreement is required between a sponsor and landowner for projects located on land not owned,or otherwise controlled,by the sponsor. milestone-An important event with a defined deadline for an activity related to implementation of a funded project. period of performance-The time period specified in the agreement,under Section D,period of performance, post evaluation summary-One of the documents used to summarize and describe the actions undertaken in the agreement, project-The undertaking that is the subject of this agreement and that is,or may be,funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement-Payment of eligible and allowable.costs that have already been paid by the sponsor per the terms of the agreement. restoration/enhancement-Bringing a site back to its original function as part of a natural ecosystem or Improving the ecological functionality of a site. sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed agreement;includes,its officers,employees,agents and successors. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor shall undertake the project as described in this agreement,post evaluation summary,the sponsor's application,and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application,all as finally approved by the funding board.All submitted documents are incorporated by this reference as if fully set forth herein.The Order of Precedence is covered in Section 34. Timely completion of the project Is Important.Failure to meet critical milestones_ or complete the project,as set out in this agreement, is a material breach of the agreement WWRP Project Agreement-RCO#08-1354A _ Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAG _ Page 3 of 13 PROJAGRAPT i SECTION 3. ASSIGNMENT Neither this agreement,nor any claim arising under this agreement,shall be transferred or assigned by the sponsor without prior written consent of the funding board. SECTION 4. RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this agreement,the project itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,or to any third party,other than as is expressly set out in this agreement.The responsibility for the implementation of the project,is solely that of the sponsor,as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. SECTION 5. INDEMNIFICATION To the fullest extent permitted by the law,the sponsor expressly agrees to and shall indemnify,defend and hold harmless the State and its agencies,officials,agents and employees from and against all claims,actions,costs,damages,or expenses of any nature arising out of or incident to the sponsor's or any contractor's performance or failure to perform the agreement.Sponsor's obligation to indemnify,defend and hold harmless also includes any claim by sponsors agents,employees,representatives or any contractor or its employees.Sponsors obligation to defend includes payment of any costs or attorneys'fees. Sponsor's obligation shall not Include such claims that may be caused by the sole negligence of RCO,its officials,agents,and employees.If the claims or damages are caused by or result from the concurrent negligence of(a)RCO,its agents or employees and (b)the sponsor,its contractors,agents,or employees,this indemnity provision shall be valid and enforceable only to the extent of the negligence of the sponsor or its contractors,agents,or employees.The sponsor expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify,defend,and hold harmless the State and its agencies,officials,agents or employees, SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this agreement are not officers,employees or agents of the funding board or RCO.The sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO,a funding board or of the state of Washington,nor will the sponsor make any claim of right,privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes,insurance,or deductions of any kind required by federal, state,and/or local laws, SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal,RCO may,In its sole discretion,by written notice to the sponsor terminate this agreement If It is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW;or any similar statute involving the sponsor in the procurement of,or performance under,this agreement. In the event this agreement is terminated as provided above,RCO shall be entitled to pursue the same remedies against the sponsor as It could pursue in the event of a breach of the agreement by the sponsor.The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION 8. ACKNOWLEDGMENT AND SIGNS A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for,or referring to,the project. B. Signs.The sponsor also shall post signs or other appropriate media at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution,unless exempted in funding board policy or waived by the director. C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly state: 1. The percentage of the total costs of the project that Is financed with federal money; 2. The dollar amount of federal funds for the project;and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. WWRP Project Agreement-RCO#08-1354A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC _ Page 4 of 13 PROJAGR.RPT SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the agreement in accordance with applicable federal,state,and local laws,regulations and RCO and funding board policies, The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act;Industrial Insurance Coverage; Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances, Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health Ad ministration/Washington Industrial Safety and Health Act);and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223.203(b)(8),limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this requirement may be grounds for terminating this project agreement. This section shall not be the basis for any enforcement responsibility by RCO, Nondiscrimination Laws The sponsor shall comply with all applicable federal,state,and local nondiscrimination laws and/or policies,including but not limited to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act.In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy,the agreement may be rescinded,cancelled,or terminated in whole or in part,and the sponsor may be declared Ineligible for further grant awards from the funding board.The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Prevailing Wage The sponsor agrees to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the performance of any part of this contract when required by state law to do so,and to comply with the provisions of the Davis-Bacon Act,other federal laws and Chapter 39.12 RCW,as amended,and the rules and regulations of the Department of labor and Industries. Restrictions on Grant Use No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit,pamphlet,booklet,publication,radio, television,or video presentation designed to support or defeat legislation pending before the U.S.Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such sponsor,related to any activity designed to Influence legislation or appropriations pending before the U.S.Congress or any state legislature. SECTION 10. ARCHAEOLOGICAL AND CULTURAL RESOURCES The real property acquired,developed,renovated,or restored through this grant is subject to Governor's Executive Order(EO)05-05 or compliance with Section 106 of the National Historic Preservation Act concerning the review,analysis,and consultation with the Washington State Department of Archaeology and Historic Preservation and affected Tribes for archaeological and cultural resources. The funding board requires documented compliance with EO 05-05 or Section 106 of the National Historic Preservation Act,whichever is applicable to the project. In the event that a federal agency declines to consult,the sponsor shall comply with EO 05-05. The sponsor must comply with EO 05-06 or the National Historic Preservation Act before initiating ground disturbing activity. RCO will issue a notice to proceed(if applicable)when appropriate documentation has been received. RCO will not reimburse for construction related activity until the sponsor demonstrates compliance. In the event that archaeological or historic materials are discovered during project activities,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification must be provided to the following:concerned Tribes' cultural staff and cultural committees,RCO,and the State Department of Archaeology and Historic Preservation. In the event that human remains are discovered during project activity,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural committee,RCO,State Department of Archaeology,the coroner and local law enforcement In the most expeditious manner possible according to RCW 68.50. SECTION 11. HAZARDOUS SUBSTANCES A. Definition."Hazardous substance,"as defined in Chapter 70.105D.020(11)RCW,means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5)and(6)RCW,or any dangerous or extremely hazardous waste designated by rule pursuant to Chapter 70.105 RCW; 2. Any hazardous substance as defined in Chapter 70.105.010(14)RCW or any hazardous substance as defined by rule pursuant to Chapter 70.105.RCW; 3. Any substance that,on March 1,1989,is a hazardous substance under section 101(14)of the federal cleanup law,42 U.S.C.Sec.9601(14); WWRP Project Agreement-RCO#08-1354A Outdoor Recreation Account __-Chapter 79A.15 RCW,Chapter 286 WAC Page 5of13 PROJAGR.RPT i 4. Petroleum or petroleum products;and 5, Any substance or category of substances,including solid waste decomposition products,determined by the director(or director's designee]of the department of ecology by rule to present a threat to human health or the environment if released into the environment. 6. The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release:Crude oil or any fraction thereof or petroleum,if the tank is in compliance with all applicable federal,state,and local law. B. Certification.The sponsor shall inspect,Investigate,and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances and certify: 1. No hazardous substances were found on the site,or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,and the site deemed"clean." C. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. D. Hold Harmless.The sponsor will defend,protect and hold harmless ROO and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances on the property being acquired. SECTION 12. RECORDS MAINTENANCE The sponsor shall maintain books,records,documents,data and other evidence relating to this agreement and performance of the services described herein,including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement.Sponsor shall retain such records for a period of six years from the date ROO closes the project. At no additional cost,these records,including materials generated under the agreement,shall be subject at all reasonable times to inspection,review or audit by ROO,personnel duly authorized by ROO,the Office of the State Auditor,and federal and state officials so authorized by law,regulation or agreement, If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation, claims,or audit findings involving the records have been resolved. SECTION 13. PUBLIC RECORDS Sponsor acknowledges that the funding board is subject to chapter 42.56 ROW and that this agreement shall be a public record as defined in chapter 42.56 RCW. Additionally,in compliance with ROW 77.85,130(8),sponsor agrees to disclose any information in regards to expenditure of any funding received from the funding board. SECTION 14, ACCESS TO DATA In compliance with chapter 39.29 ROW,the sponsor shall provide access,when requested,to data generated under this agreement to ROO,the Joint Legislative Audit and Review Committee,and the State Auditor at no additional cost.This Includes access to all Information that supports the findings,conclusions,and recommendations of the sponsor's reports,including computer models and methodology for those models. SECTION 15. TREATMENT OF ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the sponsor discontinues use of the asset(s)for the purpose for which it was funded,ROO will require the sponsor to deliver the asset(s)to ROO,dispose of the asset according to ROO policies,or return the fair market value of the asset(s)to ROO.Assets shall be used only for the purpose of this agreement,unless otherwise provided herein or approved by ROO in writing. B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. SECTION 16. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to ROO,or any of its officers,or to any other authorized agent or official of the state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,compliance, and/or quality assurance under this agreement, access lands acquired or developed with funding board assistance, the funding board and RCO's right to inspect and - - If a landowner agreement has been executed,it will further stipulate and define q p SECTION 17. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or ROO.Sponsor further agrees t6 utilize,where applicable and financially feasible,any monitoring protocols recommended by the funding board. WWRP Project Agreement-ROO#08-1354A - Outdoor Recreation Account Page 6 of 13 Chapter 79A.15-ROW,Chapter 286 WAC --_ - - -- - - - --- - .. -- - -- --- - __ PROJAGR.RPT SECTION 18. DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS "Lower tier participants"refer to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee, subgrantee,or contractor of any grantee or subgrantee from the original sponsor funded by RCO. In this section,the sponsor certifies to RCO that neither they nor their subgrantees are suspended or debarred, Any grantee,subgrantee,or contractor of any grantee or subgrantee from the original sponsor certifies to the sponsor directly. For any federally funded projects,sponsors are required to follow any federal requirements. Furthermore any federal funding requirements will be passed on to any other entity to whom the sponsor passes funds(also referred to as a lower tier participant). The sponsor(prospective lower tier participant)certifies,by signing this agreement,that neither it nor its principals nor any other lower tier participants are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. The sponsor(prospective lower tier participant)shall provide Immediate written notice to RCO if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Should the prospective lower tier participant enter into a covered transaction with another person at the next lower tier,the sponsor (prospective lower tier participant)agrees by signing this agreement that it will verify that the person with whom it or its lower tier participant intends to do business is not excluded or disqualified. The sponsor(prospective lower tier participant)will do this by: A. Checking the federal Excluded Parties List System (www.ep(s.gov)for that person;or B. Collecting a certification from that person;or C. Adding a clause or condition to the covered transaction with that person. The sponsor(prospective lower tier participant)agrees by signing this agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is 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. 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 debarred, isuspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. SECTION 19. PROJECT FUNDING A. Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this agreement,unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this agreement. B. Before the Agreement.No expenditure made,or obligation incurred,by the sponsor before the effective date of this agreement shall be eligible for grant funds,in whole or in part,unless specifically provided for by funding board policy,such as a waiver of retroactivity or program specific eligible pre-agreement costs.The dollar amounts identified in this agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the period of performance.No expenditure made,or obligation incurred,following the period of performance shall be eligible,in whole or in part,for grant funds hereunder.In addition to any remedy the funding board may have under this agreement,the grant amounts identified in this agreement shall be reduced to exclude any'such expenditure from participation. SECTION 20. PROJECT REIMBURSEMENTS A. Sponsors may only request reimbursement after eligible and allowable costs have already been paid and remitted to their vendors. B. Compliance and Payment.The obligation of RCO to pay any amount(s)under this agreement is expressly conditioned on strict compliance with the terms of this agreement by the sponsor. C. Compliance and Retainage.RCO reserves the right to withhold disbursement of the final ten percent(10%)of the total amount of the grant to the sponsor until the project has been completed.A project is considered"complete"when: 1. All approved or required activities outlined in the agreement are done; 2. On-site signs are In place(if applicable); 3. A final project report is submitted to RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed;and 8. Fiscal transactions are complete. D. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to current RCO policies and procedures regarding reimbursement requirements. WWRP Project Agreement-RCO#08-1354A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC __. Page 7 of 13 PROJAGR.RPT SECTION 21. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060(5). SECTION 22. RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this agreement in accordance with state and federal laws,and/or the provisions of the agreement,RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the agreement.Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO.Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing. SECTION 23. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this agreement on an agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business.RCO shall have the right,in the event of breach of this clause by the sponsor,to terminate this agreement without liability or,in its discretion,to deduct from the agreement grant amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee. SECTION 24. PROVISIONS APPLYING TO DEVELOPMENTIRESTORATION PROJECTS The following provisions shall be in force only if the project described in this agreement is for development/restoration of land or facilities for outdoor recreation,habitat conservation,or salmon recovery: i A. Document Review and Approval.The sponsor agrees to submit one copy of all development/restoration or construction plans and specifications to RCO for review.Review and approval by RCO will be for compliance with the terms of this agreement. B. Contracts for Development or Restoration.Sponsor shall award all contracts for construction,development or restoration using whatever method is appropriate and required for the sponsor. C. Contract Change Order.Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(land owner agreement,long term lease agreement,easement,or fee simple ownership)for the land proposed for development or restoration. The documentation must meet current RCO requirements. E. Nondiscrimination,Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract,the contractor agrees to comply with all federal and state nondiscrimination laws,regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.The best management practices are described in three documents:"Stream Habitat Restoration Guidelines:Final Draft",2004;"Design of Road Culverts for Fish Passage",2003;and "Integrated Streambank Protection Guidelines",2002.These documents and other information can be found on the AHG website. SECTION 25. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this agreement is for the acquisition of interest in real property (including easements)for outdoor recreation,habitat conservation,or salmon recovery purposes: A, Evidence of Land Value.Before disbursement of funds by RCO as provided under this agreement,the sponsor agrees to supply evidence to RCO that the cost of the property rights acquired has been established according to funding board policy. I B. Evidence of Title.The sponsor agrees to show the type of ownership interest for the property that has been acquired.This shall be done before any payment of financial assistance, C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding assistance provided through this project agreement(and protected by a recorded conveyance of rights to the State of Washington)shall be Incorporated into the agreement before final payment. D. Conveyance of Rights to the State of Washington.Document securing long-term rights for the State of Washington. When real property rights(both fee simple and lesser interests)are acquired,the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf of the State of Washington. These documents include a Deed of Right,Assignment of Rights,Easements and Leases. The sponsor agrees to use document language provided by RCO,to record the executed document in the County where the real property lies,and to provide a copy of the recorded document to RCO.The document required will vary depending on the project type,the real property rights being acquired and whether or not i those rights are being acquired in perpetuity. — - Outdoor Recreation Account WWRP Project Agreement-RCO#08-1354A -----Chapter 79A.15-RCW,Chapter 286 WAC Page a of 13 PROJAGR.RPT 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation',sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat.1894(1970)--Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act,PL 100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this agreement,the sponsor,if required by law,agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8,26,010 RCW,and Chapter 468-100 WAC. 3. Housing and Relocation.In the event that housing and relocation costs,as required by federal law set out in subsection(1) above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to provide any housing and relocation assistance required. i F. Buildings and Structures. In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 10- i Archaeological and Cultural Resources before structures are removed or demolished. G. Archaeological and Cultural Resources. The sponsor agrees that any real property interests acquired under this agreement,if to be developed in the future,is subject to section 10(Archaeological and Cultural Resources)prior to any ground disturbing activity. l SECTION 26. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired,developed,and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes,rules,and funding board policies. It is the intent of the funding board's conversion policy,current or as amended i in the future,that all real property or facilities acquired,developed and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the agreement or as approved by the funding board. When a conversion has been determined to have occurred,the sponsor Is required to remedy the conversion per'established funding board policies. A, A conversion.occurs when one or more of the following has taken place,whether affecting an entire site or any portion of a site funded by the funding boards. 1. Conveyance.Property interests are conveyed for purposes Inconsistent with the original grant request. 2. Conveyance to Ineligible Third Party. Property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was derived. 3. Non-eligible Uses. A use occurs that is inconsistent with the original grant request. 4. Non-eligible Facilities.Non-eligible facilities are developed within the project area. 5. Termination of Public Use. When public use,as described In the original grant request,is temporarily or permanently terminated or excluded. 6. Environmental Functions. For habitat projects,if the property acquired,restored or enhanced no longer provides the environmental functions for which funding board grants were originally approved. WWRP Project Agreement-RCO#08-1354A Outdoor Recreation Account 79A.15 RCW,_Chapter.286 WAC Page a of 13 PROJAGR.RPT i i B. Changing a project's elements and items. When approved by the funding board or director,certain elements and items may be deleted from the agreement without being considered a conversion. In the following instances the board may authorize changes without invoking the requirement to replace the elements and items,Such deletions are allowed when the funding board or director determines that the elements and items are not needed or cannot be retained due to one or more of the following conditions: 1. Obsolescence 2. Extraordinary vandalism 3. Acts of Nature 4. Designed life expectancy reached 5. Fire 6. Permit requirements that disallow specific elements 7. Reversion Order(National Tralls System Act 8(d), 16 U.S.C.§1247(d);WAC 286-27-060(2)). SECTION 27. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS Sponsors must ensure that properties or facilities assisted with funding board funds,including undeveloped sites,are built,operated, used,and maintained: A. According to applicable federal,state,and local laws and regulations,including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws,regulations and policies. Facilities open to the public must: A, Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes,Uniform Federal Accessibility Standards,guidelines,or rules,including but not limited to:the International Building Code,the Americans with Disabilities Act,and the Architectural Barriers Act,as updated. B. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods. C. Be available for use at reasonable hours and times of the year,according to the type of area or facility. SECTION 28. INCOME AND INCOME USE A, Income. 1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the funding source and the agreement. 2. Fees.User and/or other fees may be charged in connection with land acquired or facilities developed with funding board 1 grants if the fees are consistent with the: (a) Value of any services)furnished; (b) Value of any opportunities furnished;and (c) Prevailing range of public fees in the state for the activity Involved. Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)for which a facility/range fee must not be charged(Chapter 79A.25.210 RCW). B. Income use.Regardless of whether income or fees in a project work site(including entrance,utility corridor permit,cattle grazing, timber harvesting,farming,etc.)are gained during or after the reimbursement period cited in the agreement,unless precluded by state or federal law,the revenue may only be used to offset: 1. The sponsor's matching funds; 2. The project's total cost; 3. The expense of operation,maintenance,stewardship,monitoring,and/or repair of the facility or program assisted by the funding board grant; 4. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's system;and/or 5, Capital expenses for similar acquisition and/or development. { SECTION 29. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for use of grant assisted projects on the basis of residence(including preferential reservation,membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence.Even so,the funding board discourages the imposition of differential fees.Fees for nonresidents must not exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. I i -WWRP Project Agreement-RCO#08-1354A Outdoor Recreation Account-- Chapter 79A.15-RCW,Chapter 286 WAC Page to of 13 - -- - _- - - PROJAGR.RPT i SECTION 30. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS A corporate sponsor,including any nonprofit sponsor,shall: A. Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the sponsor's obligation to the project as identified in the agreement. B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities.A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this agreement.RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C.. Sites or facilities open to the public may not require exclusive use,(e,g.,members only). SECTION 31. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,to liability insurance it may currently carry,or shall procure a new policy of liability insurance,in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or suffer damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of that facility;provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person. B. The liability insurance policy,including any endorsement or addition,shall name Washington State,the funding board,and RCO as additional insured and shall be in a form approved by the funding board or director. C. The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be 1 kept in force throughout the sponsor's obligation to the project as Identified in this agreement. D. The policy,as modified by any endorsement or other addition,shall provide that the issuing company shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10) icalendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that program or policy as a part of its application to the funding board. F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,Injury, or damage to property which that person may suffer while present at,or in the vicinity of,the facility to which this grant relates, Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or I others,for any and all remedies that may be available by law. SECTION 32. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service,US Department of the Interior,for funding assistance from the federal Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this agreement. The sponsor shall abide by these LWCF General Provisions as they now exist or are hereafter amended. Further,the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 33. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections -will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8-Acknowledgement and Signs, • Section 11-Hazardous Substances, • Section 17-Stewardship and Monitoring • Section 26-Restriction on Conversion of Real Property and/or Facilities to Other Uses,and • Section 25-Provisions Applying to Acquisition Projects Sub-sections D,E,F and G. SECTION 34. ORDER OF PRECEDENCE This agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of the agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this agreement,or between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state statutes,regulations,policies and procedures including RCO/funding board policies and procedures,applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders; B. Project agreement including attachments; C. Special Conditions; D. Standard Terms and Conditions of the Project Agreement. WWRP Project Agreement RCO#08-1354A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC _ Page 11 of 13 PROJAGR.RPT i SECTION 35. AMENDMENTS This agreement may be amended by mutual agreement of the parties only.Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. i SECTION 36. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this agreement.Furthermore,any alteration,amendment,modification,or effective or binding unless made in writing and signed by RCO. waver of any clause or condition of this agreement Is not SECTION 37. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the agreement unless stated to be such in writing,signed by the director,or the directors designee,and attached to the original agreement. SECTION 38, APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for,and scope of,funding grants.Any misrepresentation,error or Inaccuracy in any part of the application may be deemed a breach of this agreement. SECTION 39. TERMINATION AND OTHER REMEDIES The funding board and RCO will require strict compliance by the sponsor with all the terms of this agreement including,but not limited to,the requirements of the applicable statutes,rules and all funding board and RCO policies,and with the representations of the sponsor in its application for a grant as finally approved by the funding board. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this agreement: A. In the event of any breach by the sponsor of any of the sponsor's obligations under this agreement;or B. if the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this agreement. Included in progress is adherence to milestones and other defined deadlines. In the event this agreement is terminated by the funding board or director,under this section or any other section after any portion of the grant amount has been paid to the sponsor under this agreement,the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. The funding board and RCO may enforce this agreement by the remedy of specific performance,which usually will mean completion of the project as described in this agreement.However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO.No remedy available to the funding board or RCO shall be deemed exclusive.The funding board or RCO may elect to exercise any,a combination of,or all of the remedies available to it under this agreement,or under any provision of law,common law,or equity. SECTION 40. NON-AVAILABILITY OF FUNDS If amounts sufficient to fund the grant made under this agreement are not appropriated by the Washington State Legislature,or if such funds are not allocated by the Washington State Office of Financial Management(OFM)to RCO for expenditure for this agreement in any biennial fiscal period,RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or OFM occurs.If RCO participation is suspended under this section for a continuous period of one year,RCO's obligation to provide any future funding under this agreement shall terminate.Termination of the agreement under this section is not subject to appeal by the sponsor. SECTION 41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this agreement,RCO may,by ten(10)days written notice,beginning on the second day after the mailing,terminate this agreement,in whole or in part.If this agreement is so terminated,RCO shall be liable only for payment required under the terms of this agreement for services rendered or goods delivered prior to the effective date of termination. � I I I Outdoor Recreation Account WWRP Project Agreement-RCO#06-1354A Page 12 of 13 Chapter 79A:15.RCW,.Chapter 286.WAC _ _ .. __ _. _ - - PROJAGR.RPT SECTION 42. DISPUTE HEARING Except as may otherwise be provided in this agreement,when a dispute arises between the sponsor and the funding board,which cannot be resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor's name,address,project title,and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the procedure under this section shall be used to resolve those specific Issues.The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the nature and complexity of the Issues involved.The process may be solely based on written material if the parties so agree.The disputes panel shall be governed by the provisions of this agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the authority of either or both parties to perform,as necessary,or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute.The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION 43. ATTORNEYS'FEES In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs. SECTION 44. GOVERNING LAWIVENUE This agreement shall be construed and interpreted in accordance with the laws of the State of Washington.In the event of a lawsuit involving this agreement,venue shall be proper only in Thurston County Superior Court.The sponsor,by execution of this agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this agreement is between the funding board and a federally recognized Indian Tribe,the following governing law/venue applies: A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian Tribe arising out of or relating to the performance,breach or enforcement of this agreement in Federal Court.Interpretation shall be according to the j law of the State of Washington.in the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court,but the parties agree that the matter shall not be pursued in superior court unless there is a Federal Court determination that it lacks subject matter jurisdiction. B. Any judicial award,determination,order,decree or other relief,whether In law or equity or otherwise,resulting from the action shall be binding and enforceable on the parties. Any money judgment or award against a Tribe,tribal officers and members,or the State of Washington and its officers and employees may exceed the amount provided for in Section F-Project Funding of the Agreement in order to satisfy the judgment. C. The Tribe hereby waives its sovereign Immunity as necessary to give effect to this section,and to the implementation of any judgment. This waiver is only for the beneflt of the Tribe and State and shall not be enforceable by any third party or by any assignee or delegate of the parties.In any enforcement action,the parties shall bear their own enforcement costs,including attorneys'fees. SECTION 45. SEVERABILITY The provisions of this agreement are intended to be severable,If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the agreement. WWRP Project Agreement-RCO#08-1354A - Outdoor Recreation Account - Chapter 79A.15 RCW,Chapter 286 WAC Page 13 of 13 PROJAGR,RPT i i Washington Wildlife and Recreation Program Water Access Category Post-Evaluation Project Summary TITLE: Matinjussi Panther Lake Acquisition NUMBER: 08-1354A (Acquisition) STATUS: Director Approved SPONSOR: Kent Parks, Rec&Comm Sery EVALUATION SCORE: 42.6250 BOARD RANKING: COSTS: SPONSOR MATCH: WWRP-Water Access $536,115 50% Cash Donations Local $537,618 50% Grant-Local Total $1,073,733 100% DESCRIPTION: This project will fund the acquisition of four parcels of land totaling 6.62 acres near Panther Lake,located in unincorporated King County. The Matinjussi property is a 5.62 acre parcel that has 450 feet of shoreline on Panther Lake. The remaining three parcels make up the one acre Van Dyke property which has 150 feet of street frontage. The houses on the Van Dyke properties will be demolished,the Matinjussi house may be saved and used as a maintenance facility and public restroom. LOCATION INFORMATION: I Near Kent in unincorporated King County COUNTY: King SCOPE(ELEMENTS): Administrative costs Allowable land costs Incidentals ANTICIPATED ACREAGE: Acres To Acres To Acres To ACREAGE TYPE Be Acquired Be Dev/Restored Be Renovated Riparian lands 2.00 Uplands 3.62 Wetlands 1.00 I FISCAL YEAR: 2010 DATE PRINTED: December 4,2009 I l 1PAPSUMI.RPT Matinjussi Panther Lake Acquisition Eligible Reimbursement Activities Report Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 08-1354 A Project Title: Matinjussi Panther Lake Acquisition Approval: 11/20/2009 Acquisition Items: Worksite Property Element Item #1,Matinjussi Property Matinjussi Administrative costs Administrative costs #1,Matinjussi Property Matinjussi Allowable land costs Land #1,Matinjussi Property Matinjussi Incidentals Applicable taxes #1,Matinjussi Property Matinjussi Incidentals Appraisal and review #1,Matinjussi Property Matinjussi Incidentals Closing #1,Matinjussi Property Matinjussi Incidentals Demolition #1,Matinjussi Property Matinjussi incidentals Fencing #1,Matinjussi Property Matinjussi Incidentals Hazardous substances assess #1,Matinjussi Property Matinjussi incidentals Noxious weed control #1,Matinjussi Property Matinjussl incidentals Title reports/Insurance #2,VanDyke Property Van Dyke Property Administrative costs Administrative costs #2,VanDyke Property Van Dyke Property Allowable land costs Land #2,VanDyke Property Van Dyke Property Incidentals Applicable taxes f #2,VanDyke Property Van Dyke Property Incidentals Appraisal and review #2,VanDyke Property Van Dyke Property Incidentals Closing #2,VanDyke Property Van Dyke Property incidentals Demolition #2,VanDyke Property Van Dyke Property incidentals Fencing #2,VanDyke Property Van Dyke Property Incidentals Hazardous substances assess #2,VanDyke Property Van Dyke Property Incidentals Noxious weed control #2,VanDyke Property Van Dyke Property Incidentals Title reports/insurance I �I I ' I P i ELIGREIM.RPT December4,2009 -- Page: 1 i Legal Description Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 08-1354 A Project Title: Matinjussi Panther Lake Acquisition IAC Approval: 11/20/2009 Worksite Name Property Name Legal Description Worksite#1 Matinjussi Property Matinjussi The legal description of the real property purchased with funding assistance provided through this Project Agreement(and protected by a recorded Deed-of-Right)shall be amended into the Project Agreement prior to reimbursement of the final payment. Worksite#2 VanDyke Property Van Dyke Property The legal description of the real property purchased with funding assistance provided through this Project Agreement(and protected by a recorded Deed-of-Right)shall be amended Into the Project Agreement prior to reimbursement of the final payment. I I j i { l - December 4,2009 . _ Page 1 LEGALDSC.RPT Milestone Report By Project Project Number: 08-1354 A Project Name: Matinjussi Panther Lake Acquisition Sponsor: Kent Parks, Rec&Comm Sery Project Manager: Laura Moxham X I Cultural Resources Completed 06/11/2009 Project Start 12/07/2009 I Order Appraisal/Review 01/15/2010 I Purchase Agreement Signed 03/15/2010 Environmental Assess Complete 04/30/2010 I Acquisition Closing 06/02/2010 Recorded Documents to Mgmt Agy 06/30/2010 Fencing Complete 07/15/2010 Noxious Weed Control Complete 07/15/2010 I Progress Report Submitted 07/30/2010 I Annual Project Billing 07/31/2010 Demolition Complete 08/01/2010 Proposed Completion Date 09/01/2010 I Progress Report Submitted 01/14/2011 I I Project Complete 04/29/2011 Final Docs/Billing to Mgmt Agy 06/30/2011 I [Progress Report Submitted 06/30/2011 Final Report X=Milestone Complete l=Critical Milestone 1MILESTOAPT December 04,2009 _ - - Page:- Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 6D 1. SUBJECT: STRICKLAND, HEISCHMAN & HOSS, INC./PROFESSIONAL SERVICES CONTRACT FOR HORSESHOE BEND LEVEE IMPROVEMENTS PROJECT - AUTHORIZE' I i I 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with Strickland, Heischman and Hoss, Inc. in the amount of $52,500 for, preparation of j 14 appraisals for the Horseshoe Bend Levee Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director.: A portion of the $9,800,000 grant from the Washington State Department of Ecology accepted by Council on December 8, 2009, will be used to pay for this consultant services contract. 3. EXHIBITS:' Memo dated 12/18/09 and Professional Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, 'etc.) S. FISCAL IMPACT Expenditure? Y Revenue? Currently in, the Budget? Yes X No i 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: I ACTION: 1 i i ' I I 5 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director �• Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 18, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 4, 2010 From: Mark Howlett P.E., Design Engineering Manager Through: Tim LaPorte P.E., Public Works Director Subject: Consultant Services Contracts for Horseshoe Bend Levee Improvement Project I Motion: Move to recommend Council authorize the Mayor to sign Consultant Services Contracts with Strickland, Heischman & Hoss, The Eastman Company, The Granger Company and Rittenhouse Consulting for the Horseshoe Bend Levee Improvement Project subject to terms and conditions acceptable to the City j Attorney and the Public Works Director. Summary: The City of Kent was successful in obtaining a $10,000,000 grant from the Washington State Department of Ecology for reconstruction of levees along the Horseshoe Bend section of the Green River. This project will include removal of invasive species, reconstructing the levee to certifiable standards, installing trees and shrubs, and creation of flood plain storage where possible. I Preliminary design of the project is well underway and staff has been meeting with permitting agencies and other parties of interest. The Department is now beginning the right-of-way acquisition phase of the project which will require the services of consultants. The Public Works Department is requesting authorization to enter into contracts with the following four consulting firms: - Strickland, Heischman and Hoss in the amount of $52,500 for preparation of 14 appraisals. - The Eastman Company in the amount of $63,100 for preparation of 13 appraisals. - The Granger Company in the amount of $25,000 for review of the appraisals. Appraisal review is a requirement of the federal acquisition process. - Rittenhouse Consulting in the amount of $82,200 for relocation assistance. Relocation assistance for displaced owners and tenants is a requirement of the federal acquisition process. Budget Impact: The grant from the Washington State Department of Ecology will be used to pay for these consultant services contracts. UIPubliclPWCounriltleeL4c(iortPngel20091111609UPShnnnnn4VilsnnHnrcelio e BendLeveeJPielding.doc 7 EN T W A 8 N I N O T O N PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Strickland Hleischiman & Noss, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Strickland Heischman & Hoss, Inc, organized under the laws of the State of Washington, located and doing business at 6419 Lakewood Dr. W., Tacoma, WA 98467, Phone: (253) 564-3230/Fax: (253) 564-3143, Contact: James Noss (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall provide appraisal services for the Horseshoe Bend Levee Improvements Project. For a description see the Contractor's December 9, 2009 Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above Immediately upon the effective date of this Agreement, and Contractor shall complete the work by December 31, 2010. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Fifty Two Thousand, Five Hundred Dollars ($52,500.00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following.representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 (Over$10,000) 8 i E. The Contractor has registered Its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. i V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon i providing the other party seven (7) calendar days written notice at Its address set forth on the signature block of this Agreement. I VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to j perform the work to which the employment relates as provided for by the City of Kent's Equal i Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the j contract work, file the attached Compliance Statement. j VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, Injuries, damages, losses or suits, Including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. 1 VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. i XII. CONTRACTOR'S WORK AND RISK, The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. i XIII. MISCELLANEOUS PROVISIONS, A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its 1 contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any j dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred PROFESSIONAL SERVICES AGREEMENT - 2 (Over$10,000) 9 In defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary, Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated In this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its: (title) Its Mayor DATE � DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: James Hoss Timothy J. LaPorte, P.E. Strickland Heischman & Hoss, Inc. City of Kent 6419 Lakewood Dr. W. 220 Fourth Avenue South Tacoma, WA 98467 Kent, WA 98032 (253) 564-3230 (telephone) (253) 856-5500 (telephone) (253) 564-3143 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department PROFESSIONAL SERVICES AGREEMENT - 3 (Over$10,000) 10 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY t I' The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, I The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. � 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 1 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the i Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. l By: ! For: Title: 1 Date: EEO COMPLIANCE DOCUMENTS - I 11 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 12 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent, I declare that I complied fully with all of the requirements and obligations as outlined in the City i of Kent Administrative Policy 1,2 and the Declaration City of Kent Equal Employment Opportunity j Policy that was part of the before-mentioned Agreement. Dated this day of , 200 ti r By. For: l Title: Date: i i i EEO COMPLIANCE DOCUMENTS - 3 i EXHIBIT A 13 9etrickland isch . . ossjJi..LL.o b iREAL ESTATE APPRAISERS&CONSULTANTS December 9, 2009 Granville N. Horn, Project Engineer Design Engineering/Public Works Department City of Kent 220 Fourth Avenue South Kent, WA 98032 e-mail: GHorn@ci,kent.wa.us i Re: Horseshoe Ben Levee Project Kent, WA Dear Mr, Horn: In response to your request, we are submitting a proposal for appraisal services concerning the above referenced project. Maps supplied by your office indicate there are twenty nine parcels that require appraisals. These parcels will involve both total acquisitions and partial acquisitions that will be required for the project, As requested the proposed appraisal fees for these properties will be broken down on a per parcel basis. The fees for the partial acquisition are based on the assumption, as directed by your offrcc, that there will be no impacts to the major improvements on the property, nor their functional use. If this assumption proves incorrect, we reserve the right to renegotiate the appraisal fee for that particular parcel. The reports will be prepared with the intent to be in accordance with the current Uniform Standards of Professional Appraisal Practice (USPAP), as adopted by the Appraisal Foundation. Further, it is my intent to comply with the Uniform Appraisal Standards for Federal Land Acquisitions. i 6419 Lakewood Drive west Tacoma,Washington 98467 Tacoma(253)564-3230 Fax(253)564-3143 14 t Tax Lot Number Owner Acquisition Fee 3462800209 Glover Total $4,000 3462800005 Bartley, Harold Total $4,000 3462800007 Bartley, Robert Total $4,000 0006600030 Knudsen Properties Total $4,500 0006600017 V & S Properties Total $4,500 , 7336900000 Multiple Accounts Partial $3,500 0006600122 Mina Pace Partial $3,500 0006600123 Lisa Miranda Partial $3,500 0006600048 Staton Properties Partial $3,500 0006600046 Kim Tien Nguyen Parhal $3,500 3462900006 Puget Sound Energy Partial $3,500 3394200000 Condos-1810 Partial $3,500 2890600000 Condos-1840 Partial $3,500 3462800260 Lackey Partial $3,500 These fees do not include any other experts that may be needed in the appraisal process. An example would be an equipment specialist, especially as it relates to some of the total acquisitions. Renegotiation of fees may be required for the partial acquisitions if major improvements are unpacted, and additional specialists may be needed for possible "cost to cure" items (design, engineering, etc.) on a particular parcel as the result of the acquisition. The above fees also do not include any court time that may be required as a result of a condemnation action. Court preparation, depositions and testimony will be billed separately at$250 per hour. The time frame for these appraisals depends on if we are awarded the conti act for the whole project, portions of the project, or individual parcels. Oui delivery date for the first appraisal would be approximately four weeks from your notice to proceed. The parcels assigned project would take from ten to twelve weeks We will provide you with the appraisals as they are completed, with your input as to order of the appraisals. These timeframes are predicated upon receiving liom your office in a timely manner supporting material, such as title reports, detailed right of way plans, on-site staking of acquisition areas, etc. i 15 Should you have any questions or comments concerning this proposal, or other items do not hesitate to contact oui office. Respectfully submitted, lames s, MA T . 2/WA ! i ( i I Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - '6E 1. SUBJECT: NORTHWEST HYDRAULIC CONSULTANTS, INC./CONSULTANT SERVICES CONTRACT FOR HORSESHOE 'BEND LEVEE IMPROVEMENTS PROJECT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement with Northwest Hydraulic Consultants Inc (NHC) in the amount of $22,253 for hydraulic analysis of the Horseshoe Bend Levee Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. A portion of the $9,800,000 grant from the Washington State Department of Ecology accepted by Council on December 8,, 2009, will be used to pay for this consultant services contract.: 3. EXHIBITS:' Memo dated 12/28/09 and Professional Services Agreement 4. RECOMMENDED BY: Public Works Committee i (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMiPACT Expenditure? Y Revenue? Currently in the Budget? Yes X No I 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds �I I I i DISCUSSION: ACTION: 43 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P•E'' public Works Director Phone 253-8 6-5500 4100 Fax: 253-856-6500 KEN• T Address: 220 Fourth Avenue S. WASH INGTON Kent, WA 98032-5895 Date: December 28, 2009 Chair Debbie Rap.lee and Public Works Committee Members pW Committee Meeting To: Date: 7anuary 4, 2010 From: Mark Madfai, Design Engineering Supervisor Through: Tim LaPorte P.E., Public Works Director ub'ect: Consultant Services Agreement with Northwest Hydraulic Consultants S ] Inc. for Horseshoe Bend Motion: reement with Move to recommend the Mayor sign the cons flotan2services 253 eThe agreement is } Northwest Hydraulic Consultants Inc. (NHC) sub�ect to terms and conditions of the City Attorney and the Public Works 7 Director. the Washington State Summary: 10,000,000 grant from ction of the The City of Kent was successful in obtaining a $ gy for reconstruction of levees to certifiable standardsnd s and Departmen t of Ecolo levee includes the Green River. This project will reconstruct the talling natural habitat and creation of flood plain storage remov al of invasive species, ins where possible. sible. a hydraulic analysis of the Horseshoe Bend Levee. This work is required to NHC will c determ ine a levee cross section that will be used to reconstruct the levees for acceptance y the US Army Corps of Engineers and FEMA. - Budget Impact: will be used to pay for this hinThe grant from the Was gton State Department of Ecology consultant services contract. I i U.IPubliclPIVConunitteelActionpage12009V2 07 09DOEGrnntflorseshoegendLeveel'npt.o�'ProjACMadfai.doc 45 KENT C WA9HINGYON CONSULTANT SERVICES AGREEMENT between the City of Kent and Northwest Hydraulic Consultants Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Hydraulic Consultants Inc. organized under the laws of the State of Washington, located and doing business at 16300 Christensen Road, Suite 350, Seattle, WA 98188-3418, Phone: (206) 241-6000/Fax: (206) 439-2420, Contact: Vaughn Collins (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct hydraulic analysis of the Horseshoe Bend Levee pursuant to obtaining a FEMA certification of the levee. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. r I F Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. i II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the t _ effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2010. r ; III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to l exceed Twenty Two Thousand, Two Hundred Fifty Three Dollars ($22,253.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) 46 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which I Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, ' sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 47 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. The Consultant shall hold harmless and indemnify the City, its officers, officials, employees, agents and volunteers from and against losses, liabilities, expenses, and costs, including, without limitation, all legal costs and attorney fees caused by the Consultant's negligence in its performance of professional services under this Agreement. As respects its operations under this Agreement other than the performance of professional services, Consultant shall, to the fullest extent permitted by law, hold harmless, indemnify, and defend the City, its officers, officials, employees, agents and volunteers from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and I ncorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work ' authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 48 XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no ' further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) 49 documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. ' CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Vaughn Collins Timothy J. LaPorte, P.E. ' Northwest Hydraulic Consultants Inc. City of Kent 16300 Christensen Road, Suite 350 220 Fourth Avenue South Seattle, WA 98188-3418 Kent, WA 98032 (206) 241-6000 (telephone) (253) 856-5500 (telephone) (206) 439-2420 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department nHC-Home hoe Bend/LanphNl ICONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 50 f DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT 51 ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 52 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 53 fScope of Work-Horseshoe Bend Hydraulic Analysis for Levee Certification NHC will conduct hydraulic analysis of the Horseshoe Bend levee pursuant to a obtaining a FEMA certification of the levee(additional analyses and certification to be done by others). Riverine Analysis: NHC will modify and rerun the appropriate levee failure scenarios from the King County DFIRM appeal with the proposed levee in place using the v2006 Flo-2D model. The floodplain will be remapped using the same methods as the original appeal accounting for the proposed levee We assume that the risk based analysis previously performed for the S. 259'h levee will provide a starting point for any risk based analysis required for the Horseshoe Bend levee and that any additional risk based analysis will be relatively simple. Additional hydraulic parameters required for geotechnical analysis will be generated and provided to the City's geotechnical contractor for use in levee design. Interior Drainage Analysis: The greatest uncertainty in work effort is in the interior drainage analysis and specifically the assumption to be made about pump station operation during the 100-yr flood(i.e. can it be assumed that the pump station can operate throughout the 100-year flood or does it need to shut down in accordance with the Green River Management Agreement or other regulations?). This needs to be determined at the onset of the study to prevent any duplication of effort. For this scope we assume that a full interior drainage analysis will be required An HSPF model of the area protected by the proposed levee will be created A frequency analysis will be run on the HSPF time series outputs and a 100-yr flow hydrograph created. A high resolution Flo-21)model of the interior drainage area will be created and the flow hydrograph routed through the model The inundated areas will be mapped using the same methods used in the overall Green River flood modeling for consistency. Deliverables: NHC will prepare a memorandum documenting methods and results of the hydraulic analysis in a format suitable for inclusion in a CLOMR application requesting levee certification (application to be prepared by others). The memorandum will include both the flood mapping revisions and pertinent hydraulic information needed for the geotechnical analysis. GIS files of the remapped floodplain, in a FEMA approved format,will be delivered on a DVD. 54 (Y) 0 W 0 C) C\l N 0 (Y) OD 6'r C,4 T- 69 EfY 09, O U M N to C) 60 44 0 co (Ij OC) 0 0 OD ui LO 0 di o .... .... 3: t3) 0 :3 UJ 69. 12 zo OD C> Lu Q. L: L: 46 40- (D EL (0 E O 00 fN C14 0) (D (Y) 16. (L uj IL I C) CL (L ti 0- c O O t6 0 0 U) 00 tT 0 to O 0 to a65- 0 co, 0 0 0 0 NC' .I I ..... 7.7., 0) w C,4 (L V- 0) Q) 0 (o ui (L 0 < xCL ku z u _j A= -J 41 b o F- I- 55 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENT Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: I 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage, I 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required b the Industrial Insurance laws of the State of Washington. y 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 56 i EXHIBIT B (Continued) i 2. Commercial General Liability Insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. r 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has 5 been given to the City. 3. The City of Kent shall be named as an additional insured on all . policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's y Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. i E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. ! I 57 EXHIBIT B (Continued) F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 1 i 1 Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 6F I 1. SUBJECT: GRANGER COMPANY/PROFESSIONAL SERVICES CONTRACT FOR HORSESHOE BEND LEVEE IMPROVEMENTS PROJECT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Professional Services Contract with the Granger Company in the amount of $25000 for review of appraisals for the Horseshoe Bend Levee Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Appraisal review is a requirement of the federal acquisition process. A portion of the $9,800,000 grant from the Washington State Department of Ecology accepted by Council on December 8, 2009, will be used to pay for this consultant services contract. i 3. EXHIBITS: Memo dated 12/18/09 and Professional Services Agreement 4. RECOMMENDED BY: !Public Works Agreement (Committee, Staff, Examiner, Commission, etc 5. FISCAL IMPACT Expenditure? Y Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilm'ember seconds DISCUSSION: ACTION: i 5 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 18, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 4, 2010 From: Mark Howlett P.E., Design Engineering Manager Through: Tim LaPorte P.E., Public Works Director Subject: Consultant Services Contracts for Horseshoe Bend Levee Improvement Project Motion: Move to recommend Council authorize the Mayor to sign Consultant Services Contracts with Strickland, Heischman & Hoss, The Eastman Company, The Granger Company and Rittenhouse Consulting for the Horseshoe Bend Levee Improvement Project subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The City of Kent was successful in obtaining a $10,000,000 grant from the Washington State Department of Ecology for reconstruction of levees along the Horseshoe Bend section of the Green River. This project will include removal of invasive species, reconstructing the levee to certifiable standards, installing trees and shrubs, and creation of flood plain storage where possible. Preliminary design of the project is well underway and staff has been meeting with permitting agencies and other parties of interest. The Department is now beginning the right-of-way acquisition phase of the project which will require the services of consultants. The Public Works Department is requesting authorization to enter into contracts with the following four consulting firms: - Strickland, Heischman and Hoss in the amount of $52,500 for preparation of 14 appraisals. - The Eastman Company in the amount of $63,100 for preparation of 13 appraisals. - The Granger Company in the amount of $25,000 for review of the appraisals. Appraisal review is a requirement of the federal acquisition process. - Rittenhouse Consulting in the amount of $82,200 for relocation assistance. Relocation assistance for displaced owners and tenants is a requirement of the federal acquisition process. Budget Impact: The grant from the Washington State Department of Ecology will be used to pay for these consultant services contracts. U•IPnbliclPlYConttttitleel4ctioePnge120091111609UPShnnnonVl'ilsonHoevehose BendLeveeJFielding.doc 25 KENT WASHINQTON PROFESSIONAL SERVICES AGREEMENT between the City of Kent and The Granger Company THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Granger Company organized under the laws of the State of Washington, located and doing business at 7312 Meridian Rd. SE, Olympia, WA 98513, Phone/Fax: (360) 45978203, Contact: Joseph Granger (hereinafter the "Contractor"), I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall provide appraisal review services for the Horseshoe Bend Levee Improvements Project. For a description, see the Contractor's December 16, 2009 Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region In effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by December 31, 2010. III. COMPENSATION. The City shail.pay Contractor a total amount not to exceed Twenty Five Thousand Dollars ($25,000.00) for.the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials Incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations; A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that Involved under this Agreement. D. The Contractor Is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and.the state Department of Revenue. i PROFESSIONAL SERVICES AGREEMENT - 1 (Over$10,000) i 26 E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal I Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's Inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and .in the amounts described in Exhibit B attached and Incorporated by this reference. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price ? preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the I covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in.full force and effect. C. Resolution of Disputes and Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all Its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or PROFESSIONAL SERVICES AGREEMENT - 2 (Over$10,000) 27 award provided by law; provided,, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. i D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified In writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this F Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. ` G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part {, of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. I. CONTRACTOR: CITY OF KENT: By: (signature) By: (signature) Print Name:Its: Print Name: Suzette Cooke Is (title) Its Mayor DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ' CONTRACTOR: CITY OF KENT: Joseph Granger Timothy J. LaPorte, P.E. The Granger Company City of Kent 7312 Meridian Rd. SE 220 Fourth Avenue South Olympia, WA 98513 Kent, WA 98032 (360) 459-8203 (telephone) (253) 856-5500 (telephone) [ (360) 459-8203 (facsimile) (253) .856-6500 (facsimile) i APPROVED AS TO FORM: � IKent Law Department � 1, I I. IV PROFESSIONAL SERVICES AGREEMENT - 3 j " (Over$10,000) 'I 2s DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines it will be considered a breach of contract and it will be at the CitY's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the 'requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT 29 ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines, r r EEO COMPLIANCE DOCUMENTS - 2 30 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT r This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ r (date) , between the firm I represent and the City of Kent. r I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: , For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 31 the ranger Company Right of Way Appraising and Consulting December 16, 2009 � t 3 Granville N. Horn, Project Engineer City of Kent Public Works Dept. t 220 Fourth Ave. S. a Kent, WA 98032-5895 i z � re: Horse Shoe Send Levee Project; 4 Appraisal Review Services t Dear Project Engineer Horn: Per your request, please be advised that my fee proposal to review the appraisals on this project is $800 per appraisal review. For the project's 28 appraisal reviews plus 26 additional hours for project owner (rebuttal) reviews, map change reviews, and consultation, this would total r $25,000. This is a total fee that includes all my expenses, charges,taxes, and costs. I will personally write and sign the reviews. They will be appraisal review reports that rneet or exceed all federal, WSDOT, TI$, IAC, USPAP, and the City of Kent requirements. This fee is based on the the rate I charge my best clients, $100 per hour. I can start each review within one week of my receipt of a complete copy of the appraisal that I can keep for my files. I can complete each review within three to five work days thereafter. b Thank you for the opportunity of bidding on this important project. 5 If you have any questions, please contact me. Sincerely, R yE I A , iJoseph H. Granger, Review Appraiser, Owner/Sole Proprietor, the Granger Company 7312 Meridian Rd SE voice and fax: (360}459-8203 cell, (360)870-5039 Olympia, WA 98513 email:GranqeiCompallyVearthlinknet Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 6G 1. SUBJECT: RITTENHOUSE CONSULTING/PROFESSIONAL SERVICES CONTRACT FOR HORSESHOE BEND LEVEE IMPROVEMENTS PROJECT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Professional Services Contract with Rittenhouse Consulting in the amount of $82,200 for relocation assistance for displaced owners and tenants, which is a requirement of the federal acquisition process for the Horseshoe Bend Levee Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. A portion of the $9,800,000 grant from the Washington State Department of Ecology accepted by Council on December 8, 2009, will be used to pay for this consultant services contract. 3. EXHIBITS: Memo dated 12/18/09 and Professional Services Agreement 4, RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Currently in the Budget? Yes X No _ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 5 PUBLIC WORKS DEPARTMENT Timothy ] LaPorte, P E , Public Works Director Phone 253-856-5500 K E N T Fax- 253-856-6500 WAS" "GOON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 18, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 4, 2010 From: Mark Howlett P.E., Design Engineering Manager Through: Tim LaPorte P.E., Public Works Director Subject: Consultant Services Contracts for Horseshoe Bend Levee Improvement Project Motion: Move to recommend Council authorize the Mayor to sign Consultant Services Contracts with Strickland, Heischman & HOBS, The Eastman Company, The Granger Company and Rittenhouse Consulting for the Horseshoe Bend Levee Improvement Project subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The City of Kent was successful in obtaining a $10,000,000 grant from the Washington State Department of Ecology for reconstruction of levees along the Horseshoe Bend section of the Green River. This project will include removal of invasive species, reconstructing the levee to certifiable standards, installing trees and shrubs, and creation of flood plain storage where possible. Preliminary design of the project is well underway and staff has been meeting with permitting agencies and other parties of interest. The Department is now beginning the right-of-way acquisition phase of the project which will require the services of consultants. The Public Works Department is requesting authorization to enter into contracts with the following four consulting firms. - Strickland, Heischman and Hoss in the amount of $52,500 for preparation of 14 appraisals. - The Eastman Company in the amount of $63,100 for preparation of 13 appraisals. - The Granger Company in the amount of $25,000 for review of the appraisals. Appraisal review is a requirement of the federal acquisition process. - Rittenhouse Consulting in the amount of $82,200 for relocation assistance. Relocation assistance for displaced owners and tenants is a requirement of the federal acquisition process. Budget Impact: The grant from the Washington State Department of Ecology will be used to pay for these consultant services contracts. U lPo6kctPWCommnteeUefi nPuge12009V116091APShannenWifsnnHmehose BendLe dMe(dng du 33 KENT WAS III NO TO N PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Rittenhouse Consulting THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rittenhouse Consulting organized under the laws of the State of Washington, located and doing business at 6229 12111 Ave. SE, Bellevue, WA 98006-4422, Phone. (206) 714- 0826/Pax: (425) 641-4091, Contact: Anne Rittenhouse (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall provide professional negotiation, acquisition and relocation services for the Horseshoe Bend Levee Improvements Project. For a description, see the Contractor's December 21, 2009 Scope of Work which Is attached as Exhibit A and Incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in j Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by December 31, 2010. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Eighty Two Thousand, Two Hundred Dollars ($82,200.00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that Is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 (over si o,000) 34 E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the I, State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business, V. TERMINATION, Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal j Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement, j i VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive j the expiration or termination of this Agreement. 4 VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XII'. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, ; state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged In operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use In connection with the work. XIII. MISCELLANEOUS PROVISIONS, A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. I C. Resolution of Disputes and Governing_Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means i of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all Its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or 1 PROFESSIONAL SERVICES AGREEMENT - 2 (Over$10,000) 35 award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By:(signature) (signature) Print Name: � Its: Print Name: Suzette Cooke (title) Its Mayor DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Anne Rittenhouse Timothy J. LaPorte, P.E. Rittenhouse Consulting City of Kent 6229 121st Ave. SE 220 Fourth Avenue South Bellevue, WA 98006-4422 Kent, WA 98032 (206) 714-0826 (telephone) (253) 856-5500 (telephone) (425) 641-4091 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department PROFESSIONAL SERVICES AGREEMENT- 3 (Over$10,000) 36 DECLARATION i i CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. i 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200___,. i By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 1 37 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements,with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating' commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 38 CITY OF KENT �1 EQUAL. EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i f This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_._., I (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City 44 of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 j By: For: I Title: Date: 1 I EEO COMPLIANCE DOCUMENTS - 3 l EXHIBIT A 39 "IR Wittenhouse Con r'. .,. Afore than just Right-of ay. Relocation the Right Way.Tm Ifni I ' Nick Horn, Project Engineer December 21, 2009 Design Engineering Public Works Department 220 Fourth Avenue South i Kent, WA 98032 i RE: HORSESHOE BEND LEVEE -PHASE I Dear Nick: Thank you for allowing me to submit a proposal on the above-referenced project. Please accept this letter as a Consulting Proposal/Scope of Work as follows: PROPOSAUSCOPE OF WORK This Proposal/Scope of Work is for Professional Negotiation,Acquisition and Relocation services for Phase Z of this project, for the following five parcels: 1. Tax Lot 0006600017 -V&S Properties Investment (business) 2. Tax Lot b006600080—Knudsen Properties LLC (business) 3. Tax Lot 3462800007—Robert L. &Leslie K. Bartley (residential) 4. Tax Lot 3462800005 --Harold Lincoln&Irene Bartley(residential) 5. Tax Lot 3462800016—Steve&Joan Freemire(residential) These services are estimated to cost$10,000 per residential acquisition/relocation and $15,000 per business acquisition/relocation for a total of$60,000, billed at the rate of$85 per hour. Negotiation for the acquisition of right of way needed on tax lots 0006600082, 3462800006, 3462800100, 3462800015, 3462800019, 3462800024, and 3462800025 are estimated.at$3,000 per parcel, for a total of$21,000, and will be billed at$85 per hour. Preparation of the necessary packets needed for the negotiation and acquisition work will be considered administrative work and will be billed at$50 per hour_ Per your email, this work will be directed by your consultant Jerry McCaughan, of GB McCaughan&Associates. The maps, plans,'title reports, etc.,necessary to accomplish this service will be provided by the City. These services will be provided when requested for the tax lots noted above as well as tax lots 6229121"Avenue SE♦Bellevue, WA P 98006-4422 Ofjlee 206-•714-0826 4 Fax 425-641-4091 o Ritts@Coincast net www. oconsli thin Cone 40 0006600082, 3462800006, 3462800100, 3462800015, 3462800019, 3462800024, and 3462800025. It is estimated that the these services will be approximately 2 hours per parcel, for the 12 parcels listed on this project, for a total of$1,200, billed at the rate of. $50 per hour. NOTE: This proposal does not include the preparation of legal documents until said documents have been approved by the appropriate agencies: i I SUMMARY Negotiation, Acquisitift Arid Relocation-for 5 full relocations ($85 per hour) $ 60,000 Negotiation,Acquisition services for 7 partial takes ($85 per hour) . $ 21,000 Administrative work to prepare packet for all 12 parcels ($50 per hour) • 1 2 Q TOTAL ESTIMATES FOR THIS PROPOSAL $ 82,200 The City will provide,where applicable,the most recent engineering/utility/design plans,title reports and appraisals at the beginning of the project, and will provide any changes to plans, supplemental title reports,etc.,throughout the project. The City will also provide complete documents (i.e.deeds,utility/easements, etc.). Excise Tax Affidavits,where applicable, and vendor forms will be completed by Rittenhouse Consulting. The City will arrange appraisal schedules so that the negotiator/relocation agent can be present. The City will process required letters,notices,and payments, etc. in a timely manner. Additional standard charges such as mileage and customary reimbursements (copies, long distance phone calls, etc.), if any, will be billed at actual. cost. MISSION STATEMENT Rittenhouse Consulting will represent the City of Kent professionally and ethically at all tames, and treat property owners with respect. I if you require anything further from me,please do not hesitate to contact me. Sincerely, I Anne Rittenhouse, SR/WA, R/W-RAC, R/W-NAC Owner, Rittenhouse Consulting 6229 121"Avenue SE 0 Bellevue, WA a 98006-4422 Office 20&714-0826 Fax 425-641-4091 P Rltt PComcas4net www..RWConsuh ng.con, L 41 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or'a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. i 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01, The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance i Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. i 42 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: I 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool ! coverage maintained by the City shall be excess of the Consultant's Insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause I stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance'is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, Including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. I i i i lil Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 6H 1. SUBJECT: EASTMAN COMPANY/PROFESSIONAL SERVICES CONTRACT FOR HORSESHOE BEND LEVEE IMPROVEMENTS PROJECT - AUTHORIZE i 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Professional Services Contract with the Eastman Company in the amount of $63,100for preparation of 13 appraisals for the Horseshoe Bend Levee Project, subject to j terms and conditions acceptable to the City Attorney and the Public Works Director. A portion of the $9,800,000'grant from the Washington State Department of Ecology accepted by Council on December 8, 2009, will be used to pay for this consultant services contract. i i i 3. EXHIBITS:' Memo dated 12/18/09 and Professional Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) I 5. FISCAL IMPACT Expenditure? Y Revenue? Currently in the Budget? Yes X No I 6. CITY COUNCIL ACTION: i Councilmember moves, Councilmember seconds 1 i I DISCUSSION:SS ON: ACTION: I i 5 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 WASH IN G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: December 18, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 4, 2010 From: Mark Howlett P.E., Design Engineering Manager Through: Tim LaPorte P.E., Public Works Director Subject: Consultant Services Contracts for Horseshoe Bend Levee Improvement Project I Motion: Move to recommend Council authorize the Mayor to sign Consultant Services Contracts with Strickland, Heischman & Hoss, The Eastman Company, The Granger Company and Rittenhouse Consulting for the Horseshoe Bend Levee Improvement Project subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The City of Kent was successful in obtaining a $10,000,000 grant from the Washington State Department of Ecology for reconstruction of levees along the Horseshoe Bend section of the Green River. This project will include removal of invasive species, reconstructing the levee to certifiable standards, installing trees and shrubs, and creation of flood plain storage where possible. i Preliminary design of the project is well underway and staff has been meeting with permitting agencies and other parties of interest. The Department is now beginning the right-of-way acquisition phase of the project which will require the services of consultants. The Public Works Department is requesting authorization to enter into contracts with the following four consulting firms: - Strickland, Heischman and Hoss in the amount of $52,500 for preparation of 14 appraisals. - The Eastman Company in the amount of $63,100 for preparation of 13 appraisals. - The Granger Company in the amount of $25,000 for review of the appraisals. Appraisal review is a requirement of the federal acquisition process. - Rittenhouse Consulting in the amount of $82,200 for relocation assistance. Relocation assistance for displaced owners and tenants is a requirement of the federal acquisition process. Budget Impact: The grant from the Washington State Department of Ecology will be used to pay for these consultant services contracts. U.•WtiblicIPWConI))ii11eeUclionPage120091111609UPShannon;Yilsonfforsehose 6endLeveeJPielding.doc 17 KENT WASHINOTON PROFESSIONAL SERVICES AGREEMENT between the City of Kent and The Eastman Company i THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Eastman Company organized under the laws of the State of Washington, located and doing business at 925 N. 130t" Street, Seattle, WA 98133, Phone: (206) 363-6611/Fax: (206) 363-5507, Contact: Donald Melton (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. I Contractor shall perform the following services for the City: The Contractor shall provide appraisal services for 13 parcels for the Horseshoe Bend Levee Improvements Project. For a description, see the Contractor's December 9, 2009 Scope of Work which is attached as Exhibit A and Incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will,begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by December 31, 2010. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Sixty Three Thousand, One Hundred Dollars ($63,100.00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and Incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: i A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B, The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal, income tax purposes that existed before the City retained Contractor's services, or the Contractor,is engaged In an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL. SERVICES AGREEMENT - 1 (over$1 o,000) 18 � E. The Contractor has registered Its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. I F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII, INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement; except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of Indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or ) accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product, B. Nan-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those i covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred PROFESSIONAL SERVICES AGREEMENT - 2 (Over$10,000) 19 in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing, E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By:(signature) (signature) Print Name: Print Name: Suzette Cooke Its: (title) Its Mayor DATE: DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Donald Melton Timothy J. LaPorte, P.E. The Eastman Company City of Kent 925 N. 130th St. 220 Fourth Avenue South Seattle, WA 98133 Kent, WA 98032 (206) 363-6611 (telephone) (253) 856-5500 (telephone) (206) 363-5507 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department PROFESSIONAL SERVICES AGREEMENT - 3 (Over$10,000) 20 DECLARATION i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal g g q opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this I Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to f all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. I S.. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. I Dated this day of , 200_. i By: For: i Title: Date: EEO COMPLIANCE DOCUMENTS - I I 21 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White; Mayor i POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. j 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 i 22 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity 1 Policy that was part of the before-mentioned Agreement. i Dated this day of , 200 I By: l For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 3 23 The Eastman Coin an Rick Mellen,MAI Real Estate Appraisers/Analysts/Consultants Donald K,Melton 925 North 130th Street Paul Zemtseff Seattle,WA 98133 Mitch Vander Broek Phone(206)363-6611 Carl Bolstad (888)251-2921 Kevin Congleton EXHIBIT A- Fax(206)363-5507 don@wavalue.com December 9, 2009 Mr, Granville N. Horn,Project Engineer Design Engineering/Public Works Department j City of Kent 220 Fourth Avenue South Kent,WA 98032-5895 i Re: Appraisal Bid- Green River Levy Project (Horseshoe Bend Area), Kent, WA Mr. Horn: Thank you for the opportunity to bid on the above-referenced project. I am interested in providing appraisal reports for this project. It is my understanding that the reports must be in compliance with both the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) guidelines. I have driven the area and made a preliminary inspection of all 29 parcels involved in the project. My bids are based on preliminary engineering plans and maps. E My fee for the proposed 13 parcels that have been assigned to me (see email from you dated i 12/09/09)will not exceed Sixty Three Thousand One Hundred Dollars($63,100). This is based on the following breakdown: one total acquisitions for $7,500, and twelve "Before/After" . appraisals for $55,600 ( 8 parcels @ $3,200 per parcel = $25,600, and 4 parcels @ $7,500 w $30,000). Per our telephone conversation(11/17/09),I reserve the right to change these bids, as necessary, if future design changes result in"Damages" to the subject properties. I can begin work on this project immediately. I assume that the City of Kent will provide the engineering design and right-of-way maps and/or plans(including supplemental revisions), site surveys and associated maps, title reports, soil reports (classifications and/or conditions), and wetland and sensitive area reports (if available) on a timely basis, Delay in providing needed information may result in a delay in the completion of the assignments. j i 24 (Page 2) The Eastman Company will use three appraisers on this assignment and I anticipate that it would be completed within 60 days of receiving notification to proceed, and all supporting engineering I' designs and associated maps. The appraisals will be delivered as they are completed in small groups to help facilitate the review and completion of the project. i If you have any questions about this bid, please do not hesitate to call me at 206.363.6611. Sincerely, Donald K. Melton The Eastman Company I I I l I i Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - '6I 1. SUBJECT: HOMELAND SECURITY SUBGRANT FOR COMMUNITY EMERGENCY RESPONSE TEAM - ACCEPT AND AUTHORIZE I ` i i 2. SUMMARY STATEMENT: Accept the reimbursable grant not to exceed $10,000 from the King'County Office of Emergency Management, amend the budget and authorize expenditure of the funds, and authorize the Mayor to sign all related documents, subject to final terms and conditions acceptable to the City Attorney. These'grant funds will be used for continuation of the Community Emergency Response Team ('CERT) training "bulk buy" program. This program purchases and distributes required personal safety equipment to all trained CERT individuals in King County. 3. EXHIBITS:' Sub-grant agreement 4. RECOMMENDED BY: Staff and Public Safety Committee 1/12/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $10,000' Revenue? '$10,000 Currently in the Budget? Yes' No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i i i FIRE DEPARTMENT 4^4� Jim Schneider, Fire Chief KENT Phone: 253-856-4300 Fax: 253-856-6300 Address: 24611 1161h Ave SE Kent, WA. 98030-4939 DATE: January 12, 2010 TO: Public Safety Committee FROM: Jim Schneider, Fire Chief MOTION: Move to recommend that Council authorize the Fire Department to accept the Homeland Security Subgrant in an amount not to exceed $10,000 and authorize the Mayor to sign the agreement. SUMMARY: The City of Kent Emergency Management received a reimbursable grant not to exceed $10,000 from the King County Office of Emergency Management. The monies are to be used for continuation of the Community Emergency Response Team (CERT) training "bulk buy" program. This program purchases and distributes required personal safety equipment to all trained CERT individuals in King County. EXHIBIT: Sub-grant agreement BUDGET IMPACT: Up to $10,000 reimbursable grant King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT FFY08 SUB GRANT AGREEMENT NUMBER: FFY08-SHSP-CC-001 PROJECT TITLE: King County CERT Programs Bulk Buy THIS AGREEMENT is made and entered into by and between King County and the City of Kent, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement. It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD). The funding source of the grant is the FFY08 State Homeland Security Grant, State Homeland Security Program, Catalog of Federal j Domestic Assistance (CFDA) #97.067, State Contract# E09-178. Neither the DHS nor the Federal Government shall be a party to any subagreement nor to any solicitations or request for proposals. This Agreement shall be subject to the applicable grant contract between DHS and EMD and the subgrant contract between EMD and King County. The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to comply with any King County requests that would cause King County to be in violation of the DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D. NOW THEREFORE, King County and the Subgrantee mutually agree as follows: 1. SCOPE OF WORK, BUDGET AND APPROVED EQUIPMENT LIST The Subgrantee will accomplish the work and tasks as set forth in this Agreement including the Scope of Work, (attached hereto as Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C). 2. PERIOD OF PERFORMANCE The period of performance under this Agreement will be from December 1, 2009 to March 19, 2010. All work must be satisfactorily completed, and all invoice reimbursement requests, reports, and deliverables must be submitted to King County Office of Emergency Management, by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Tony Lewis - Project / Program Manager II at King County Office of Emergency Management. The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee. The Subgrantee's representative to this Agreement shall be Kimberly Behymer - Program Coordinator , City of Kent Emergency Management, who will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met. Page 1 of 37 Any notice required or permitted under this Agreement shall be deemed sufficiently given or ' served if sent to King County or the Subgrantee at the addresses provided below. If to King County. Tony Lewis 1 King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056 PH: 206 296.3830 / FAX- 206 205 4056 Tony Lewis@kingcounty gov If to the Subgrantee. Kimberly Behymer , City of Kent Emergency Management 24611 116`h Avenue SE Kent, WA 98030-4349 PH 253 856 4343 / FAX- 253.856 4119 kbehymer@ci kent wa us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement Agreement and will not to exceed $ 10,000.00 (Ten thousand dollars andno cents)with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement Payment for satisfactory performance of the work shall not exceed this amount. The parties may amend this amount by mutual agreement. Compensation for satisfactory work performance shall be payable upon receipt of properly completed Invoice Reimbursement Request, which is available to the Subgrantee at http//www kinccountygov/safety/pre pare/Emergency M anagementProfess ion als/GrantslSubGrants asox Invoice Reimbursement Request forms for eligible costs may be submitted no more than monthly and no less than quarterly after expenses have been incurred Supporting documentation is required for reimbursement of all expenses related to the Scope of Work, Budget and Approved Equipment List in Exhibits A, B and C Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance When seeking reimbursement for equipment, the Subgrantee must also present a Hand Receipt Form King County may also require the Subgrantee to document that funding governed by this Agreement is not being used to replace or supplant existing programs, staff costs, activities and/or equipment. Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly completed Invoice Reimbursement Request Payment shall be sent to the address designated by the Subgrantee on the Invoice Reimbursement Request form. King County may, at its sole discretion, withhold payments claimed by the Page 2 of 37 Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement. King County does not incur liability for any payment to the Subgrantee that is subsequently i disallowed by State or Federal granting agencies King County reserves the right to withhold or recoup payment for work or activities determined by funding agencies to be ineligible for reimbursement 5. REPORTING REQUIREMENTS ' Narrative Progress Reports are due on a quarterly basis. This report must include the Subgrantee's progress in implementing the Scope of Work, including any problems encountered and possible cost overruns or under runs If no progress has been made on the Agreement a report must still be provided quarterly 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County, State or Federal officials as so authorized by law. 7.EQUIPMENT MANAGEMENT, ADMINISTRATIVE & GENERAL PROGRAM REQUIREMENTS A. EQUIPMENT MANAGEMENT All equipment purchased under this Agreement by the Subgrantee will be recorded and maintained in an equipment Inventory system. 1. The Subgrantee shall submit all proposed equipment purchases to the appropriate committee to ensure that the requested equipment is on the Authorized Equipment List (AEL), is aligned with the statewide equipment purchasing strategy, and meets all statewide interoperability and standardization requirements No reimbursement for equipment costs will occur until the appropriate approvals have been obtained 2 The Subgrantee shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program requirements as outlined in the applicable grant guidance. 3 Upon successful completion of the terms of this Agreement, all equipment purchased through this Agreement will be owned by the Subgrantee, or a recognized sub-grantee for which a contract, subgrant agreement, or other means of legal transfer of ownership is in place 4. The Subgrantee, or a recognized subgrantee shall be responsible for any and all operation and maintenance expenses and for the safe operation of the equipment, including all questions of liability 5. The Subgrantee shall maintain equipment records that include a description of the equipment, the manufacturer's serial number, model number, or other identification number, the source of the equipment, including the Catalogue of Federal Domestic Assistance or 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 Page 3 of 37 i 6. Records for equipment shall be retained by the Subgrantee for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained by the Subgrantee until all litigations, claims, or audit findings involving the records have been resolved. 7. The Subgrantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two (2) years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subgrantee to determine the cause of the difference. The Subgrantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 8. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section 13.3 definition of equipment will be used. It defines equipment as a tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. This definition will be used for equipment purchased with contract funds, unless local or state regulations are more restrictive. I 9. The Subgrantee shall develop a control system to ensure adequate safeguards to l prevent loss, damage, unauthorized use and theft of the equipment to include small and attractive items. Any loss, damage or theft shall be investigated and a report generated which will be submitted to King County Office of Emergency Management. 10.The Subgrantee will develop adequate maintenance procedures to keep the property in good condition. 11.If the Subgrantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 12.When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Subgrantee 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 Subgrantee shall compensate the Federal- sponsoring agency for its share. As subgrantees of federal funds the Subgrantee must pass on equipment management j requirements that meet or exceed the requirements outlined above for all subgrantees who receive pass-thru funding from this contract. B. ADMINISTRATIVE REQUIREMENTS The Subgrantee shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements, to include but not limited to Office of Management and Budget (OMB) Circulars A-87 Cost Principles for State, Local and Indian Tribal Governments, A102 Grants and Cooperative Agreements with State and Local Governments, A122 Cost Principles for Non-Profit Organizations, A133 Audits of States, Local Governments, and Non-Profit Organizations, the Federal Emergency Management Agency's codified regulations, 44 code of Federal Regulations (CFR), and the U.S. Department of j Homeland Security's Financial Management Guide. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. r-- i Page 4 of 37 C. General Requirements Subgrantee must adhere to all financial and procure guidance, including: • Adhere to Office of Grants and Training requirements that all sole source contracts over $100,000 be reviewed and approved by the King County prior to execution of a contract. This requirement must be passed on to all of the Subgrantee's sub- contractors, at which point the Subgrantee will be responsible for reviewing and approving their sub contractor's sole source justification. • Adhere to Office of Grants and Training requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of$450 per day (excluding travel and subsistence) must be approved by King County before the contract is executed. This requirement must be passed on to all of the Subgrantee's sub-contractors, at which point the Subgrantee will be responsible for reviewing and approving their sub-contractor's contract. • Grant funds may not be used to replace or supplant existing funding. No travel or subsistence costs, including lodging and meals, reimbursed under this sub grant agreement may exceed federal maximum rates which can be found at www.gsa.gov. 8. COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. New federal laws, regulations, policies and administrative practices may be established after the date this Agreement is established and may apply to this Agreement. To achieve compliance with changing federal requirements, the Subgrantee agrees to accept all changed requirements that apply to this Agreement and to require compliance with changed requirements in all subcontracts. Failure to comply shall constitute a material breach of this Agreement. By entering into this Agreement the Subgrantee agrees that to receive any federal preparedness funding, all National Incident Management System (NIMS) compliance requirements outlined in applicable grant guidance must be met. The Subgrantee and all its subcontractors shall comply with, and DHS is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies. This obligation includes, but is not limited to, laws, regulations and policies listed in this Agreement. A. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Subgrant, the Subgrantee shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: 1. Nondiscrimination in Employment: The Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. Page 5 of 37 i 2. The Subgrantee shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers. i Ref: Executive Order 11246, as amended by Executive Order 11375; Title VII of the Civil Rights Act, as amended, 42 USC § 2000e; section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623; section 102 of the Americans with Disabilities Act, as amended, 42 USC §§ 12101 et seq.; 29 CFR Part 1630; 41 CFR § 60- 1.4. B. NON-DISCRIMINATION i During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this j Agreement as defined by King County Code, Chapter 12.16. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12.18. The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws 1 include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. During the performance of this Agreement, the Subgrantee, for itself, its assignees and successors-in-interest agrees as follows: 1. Nondiscrimination The Subgrantee, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, creed, gender, disability, age or national origin in the selection and retention of subcontractors. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. Ref: 20 USC §§ 1681 et seq., Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §§ 12101 et seq. 2. Solicitations for Subcontracts, Including Procurements of Materials and Equipment j In all solicitations either by competitive proposal or negotiation made by the Subgrantee for work to be performed under a subcontract each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, creed, gender, disability, age or national origin. i i Page 6 of 37 3. Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent to ascertain compliance with such regulations, orders and instructions. The Subgrantee shall maintain all required records for at least six (6) years after King County makes final payment and all other pending matters are closed. 4. Incorporation of Provisions The Subgrantee shall include the provisions of paragraphs A through D of this section in every subcontract, unless exempt by the regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as King County or DHS may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Subgrantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request King County to enter into such j litigation to protect the interests of the County, and in addition, the Subgrantee may request the Federal Government to enter into such litigation to protect the interests of the United States. C. AMERICANS WITH DISABILITIES ACT In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor shall comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. The Subgrantee is required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; and, and the following regulations and any amendments thereto: 1. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; 2. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; 3. U.S. General Services Administration regulations, "Construction and Alteration of Public Buildings," 41 CFR Subpart 101-19; 4. U.S. Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; 5. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled", 47 CFR Part 64, Subpart F. Page 7 of 37 i D. PRIVACY ACT Should the Subgrantee, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on the party administering the system of records. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a government function, the Subgrantee and any subcontractors and their employees involved therein are considered to be government employees with respect to the government function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or this provision of this Agreement shall make this Agreement subject to termination. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement that involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act. E. INTEREST OF MEMBERS OF OR DELEGATES OF CONGRESS Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. F. DISCLOSURE OF LOBBYING ACTIVITIES Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and I Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County 1 as required by 49 CFR Part 20, "New Restrictions on Lobbying." The Subgrantee certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of I any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352. The Subgrantee shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal Contract, grant or award covered by 31 USC § 1352. Such disclosures i are to be forwarded to King County. The Subgrantee shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352. G. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to King County in connection with this project, the County reserves the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq., and/or 49 USC § 5307(n)(1), as may be appropriate. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. H. ENERGY CONSERVATION The Subgrantee agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., and 49 CFR Part 18. Page 8 of 37 The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. I. ENVIRONMENTAL REQUIREMENTS The Subgrantee agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note. Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq. and 40 CFR Part 1500, etseq. J. PREFERENCE FOR RECYCLED PRODUCTS To the extent practicable and economically feasible, the Subgrantee agrees to provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient. Examples of such products may include, but are not limited to, products described in the United States EPA Guidelines at 40 CFR Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 USC § 6962, and Executive Order 12873. K. PATENT RIGHTS If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States or any foreign country, the Subgrantee agrees to notify King County immediately and provide a detailed report. The rights and responsibilities of the Subgrantee and King County with respect to such invention, improvement or discovery shall be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof. Unless the Federal Government later makes a contrary determination in writing, irrespective of the Subgrantee's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, academic institution, individual), the County and the Subgrantee agree to take the necessary actions to provide, through DHS, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR Part 401. The Subgrantee also agrees to include the requirements of this section in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by DHS. Ref: 49 CFR Part 19, Appendix A, Section 5 L.. OMB CIRCULARS The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; OMB A-122, Cost Principles for Non-Profit Organizations; and A-133, Audits of States, Local Governments, and Non-Profit Organizations. M. SINGE AUDIT ACT Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U.S. Office of Management and Budget (OMB) Circular A- Page 9 of 37 i 133, Audits of States, Local Governments, and Non-Profit Organizations (Revised June 27, 2003, effective for fiscal years ending after December 31, 2003). 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. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an audit, if required. The Subgrantee shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontractors also maintain auditable records. The Subgrantee must send a letter stating there has been a single audit completed and there j were no findings or if there were findings, the letter should provide a list of the findings. The Subgrantee is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subgrantee must respond to King County Office of Emergency Management requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. King County Office of Emergency Management reserves the right to recover from the Subgrantee all disallowed costs resulting from the audit. In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The.Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee's fiscal year(s). The Subgrantee shall include the above audit requirements in any subcontracts. N. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency. 1 By signing and submitting this Agreement, the Subgrantee is providing the signed certification set out below. 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 Subgrantee knowingly rendered an erroneous certification, the Federal Government and County may pursue available remedies, including suspension and/or debarment. The Subgrantee shall provide immediate written notice to King County if at any time the Subgrantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. I Page 10 of 37 The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any covered transaction with a person or subcontractor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by King County. The Subgrantee shall include the requirement in this section in any subcontracts. 9. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work (Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C) will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Except for changes in Equipment and Salaries & Benefits on the Budget (Exhibit B), up to ten percent (10%) of the total award amount may be shifted between the other approved budget categories and sub categories. For Equipment, Salaries & Benefits or amounts over ten percent (10%), the Subgrantee must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieve(s) the goals stated in the Scope of Work (Exhibit A) and falls within the grant requirements. 10. TERMINATION This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation. If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of termination. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. Funding under this Agreement beyond the current appropriation year is conditional upon appropriation of sufficient funds to support the activities described in this Agreement. Should such an appropriation not be approved, this Agreement will terminate at the close of the current appropriation year. 11. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this Agreement. The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee's execution of, Page 11 of 37 II performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. In the event the County incurs attorney fees and/or costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 12. INSURANCE i Subgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be submitted to King County Office of Emergency Management and shall constitute compliance with this section. 13. SCHEDULE OF EXPENDITURES OF FINANCIAL ASSISTANCE i King County Government Subgrantees should not include expenditures incurred by your agency and reimbursed by DHS through King County Office of Emergency Management on your annual Schedule of Expenditures of Financial Assistance. King County Office of Emergency Management, the lead agency for this federal award, is responsible for including these expenditures on their Schedule of Expenditures of Financial Assistance. 14. ENTIRE CONTRACTMAIVER OF DEFAULT This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be an amendment of the terms of this Agreement unless stated to be such through written approval by both parties ! and shall be attached to the original Agreement. 15. SEVERABILITY i If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. 16. APPROVAL ` This Agreement shall be subject to the written approval of King County's authorized representative and shall not be binding until so approved. Page 12 of 37 THIS AGREEMENT, consisting of 13 pages and 4 attachments, is executed by the persons signing below who warrant and represent that they have the authority to execute the Agreement. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: CITY OF KENT KING COUNTY BY Name & Title Robin Friedman, Director Date Date I I Page 13 of 37 i Exhibit A: SCOPE OF WORK A-1 GENERAL INFORMATION: Project Title: King County CERT Programs Bulk Buy Sub Grantee's Name: City of Kent Emergency Management Contact Person: Kimberly Behymer Job Title: Program Coordinator Complete Address: 24611 1161" Ave SE, Kent, WA 98030 Phone: 253 856 4343 Fax: 253 856 4119 E-Mail: kbehymer@ci.kent.wa.us A-2 INVESTMENT JUSTIFICATION: Check ONE Investment Justification from the grant that will fund your project that best describes it. SHSP & LETPP Projects: ❑ Protect Critical Infrastructure, Key Resources and Other Critical Assets I ❑ Medical Surge and Mass Prophylaxis ❑ Strengthen Plans, Protocols, Training and Exercises to Enhance Preparedness Planning ❑ Interoperable Communications ❑ Strengthen Regional CBRNE Detection, Response and Decontamination Capabilities ® Strengthen Regional Public Awareness and Community Preparedness Planning j ❑ Law Enforcement Operations and IED Detection, Deterrence and Response ❑ Intelligence Production and Analysis - Washington Joint analytical Center and Regional Intelligence Groups UASI Projects: ❑ Preparedness Planning ❑ Enhance CBRNE Response Operations ❑ Enhance Medical Surge ❑ Urban Wide Interoperable Communications ❑ Law Enforcement Operations ❑ Citizen Preparedness i i i Page 14 of 37 A-3 GOAL & OBJECTIVE SHSP & LETPP Projects: Identify ONE Goal and ONE Objective in the Washington Statewide Homeland Security Strategic Plan that best represents the project: GOAL #: 5.6 GOAL DESCRIPTION: Increase Citizen Preparedness and Participation OBJECTIVE #: 5.6.2 OBJECTIVE DESCRIPTION: Build a strong statewide volunteer capability to assist emergency responders for all-hazards by June 2011. Identify ONE Strategic Category, ONE Target Capability and ONE Element in the Region 6 Homeland Security Strategic Plan that best represents the project: STRATEGIC CATEGORY J STRATEGIC CATEGORY DESCRIPTION: Citizen Corp TARGET CAPABILITY#: 38 TARGET CAPABILITY DESCRIPTION: Citizen Preparedness ELEMENT#: ELEMENT DEFINITION: UASI Projects: Identify ONE Goal and ONE Objective in the UASI Seattle-King County Urban Area Strategy that best represents the project: GOAL#: GOAL DESCRIPTION: OBJECTIVE #: OBJECTIVE DESCRIPTION: Page 15 of 37 i A-4 PROJECT DESCRIPTION: Describe your project using a maximum of two pages by answering ALL of the following questions separately: 1. Provide a description of your project (who/what/where /when /why/ how): With funds received a method of universal identification of all Community Emergency Response Team (CERT) trained individuals throughout King County will be continued. The King County Citizen Corps Sub-Committee Steering Committee allocated $10,000.00 to provide CERT programs within King County with equipment (identified below). For the purpose of this grant funding, qualifying programs are defined as programs which teach the entire 20 hour CERT curriculum as outlined by the Federal Emergency Management Agency (FEMA) and are listed in the national Citizen Corps website. Jurisdictions that teach the qualifying curriculum are entitled to one CERT kit for each student trained. 2. What is the purpose of the project? The purpose of this project is to allow interoperability of individuals who receive CERT training at different jurisdictions. 3. What problem does the project solve? 1 The project will ensure that each individual completing a qualifying CERT training in King County will be issued the proper personal safety equipment. } 4. How does the project enhance local / regional homeland security and preparedness for CBRNE /Terrorist/ WMD incidents? Coordinated by the Department of Homeland Security (DHS), Citizen Corps and its programs, is a component of the USA Freedom Corps that focuses on opportunities for people to participate in a range of measures to make their families, homes and communities safer from the threats of terrorism, crime, and disasters of all kinds. Citizen Corps also brings together a community's first responders, firefighters, emergency health care providers, law enforcement, and emergency managers with its volunteers. 5. What activities need to be completed to finish the project? if the project will be } implemented in phases, identify this dearly and tie them to your timeline in the following section. a. establish a vendor 1 b. purchase equipment c. receive and inventory equipment d. distribute equipment to King County jurisdictions as requested 6. What are the tangible results and /or deliverables of the project? The tangible results of this project will be that jurisdictions that teach the qualified CERT curriculum are entitled to one CERT kit for each student trained. Page 16 of 37 7. How will the grant funds be used to support this project? Grant funds will be used to purchase standardized equipment known as a CERT kit that can be issued to each student completing CERT training in King County. A "CERT Kit' includes: green ratcheting helmet with CERT stickers, helmet chin strap, goggles, dust mask, two pairs medical gloves, CERT patch, CERT field guide and student manual. A-5 PROJECT TIMELINE: Make a timeline that includes measurable activities for task completion and critical dates. Project must be completed and delivered prior to end date identified by KCOEM Grant Manager. Narrative Progress Reports are required to be submitted on a quarterly basis (or more frequently if required by the KCOEM Grants Manages . The dates for these reports are January 15, April 15, July 15 and October 15. If your project started 1 month prior to a narrative progress report due date, you may wait until the following quarter or if your subgrant ends within 1 month of a narrative progress report you may submit with the final invoice. Include in the timeline submission of invoices reimbursement requests to KCOEM and the end of project report to KCOEM. ff your project involves purchase of equipment, allow 3 months for equipment approval process to be completed which will happen before the contract is executed. Execute sub rant agreement December 1, 2009 Purchase equipment January 29, 2010 i Receive and inventory equipment February 26. 2010 Distribute equipment to King County jurisdictions as needed and while ongoing supplies are available Submit final billing and narrative report to KCOEM March 19, 2010 Page 17 of 37 i I I Exhibit B: BUDGET i B-1 ALLOWABLE COSTS: Using Appendix B -Authorized Program Expenditures of FFY08-HSGP Program Guidance & Application Kit identify the allowable costs that best represent this project: Other Authorized Equipment, Citizen Corps B-2 BUDGET SUMMARY: Fill out the budget table using the correct budget category for your project expenses. For ALL item descriptions you MUST specify what the amount is for using question 7, section A-4 of Exhibit A. Budget Category Planning Training Exercise Equipment Equipment $ - $ - $ - $ 10,000.00 Consultant Fees $ - $ - $ - Salaries & Benefits $ _ $ _ $ _ Overtime/Backfill $ _ $ _ $ _ Travel & Per Diem $ _ $ _ $ _ Goods & Services $ _ $ _ $ _ a Total Amount $ - $ - $ - $ 10,000.00 1 111 11 i • With the exception of Equipment and Salaries & Benefits, changes to budget of no { more than 10% are allowed without prior authorization from KCOEM. Any changes to Equipment and Salaries & Benefits must have prior authorization from KCOEM • Invoices submitted for reimbursement must not exceed total amount of award and must comply with grant requirements. i Page 18 of 37 EXHIBIT C: APPROVED EQUIPMENT LIST Fiscal Year 2008 SHSP & CCP Citizen Corps Program Equipment Approval Request State: Washington Approval Date: TBD Jurisdiction: King County(Citizen Corps) Submission Date: 11/19/09 Item Equipment Category Equipment for the King County Citizen Corps programs No. 1 Personal Protective 2007 AEUSEL Number:O1ZA-02-GLVD,Gloves, Outer,Disposable: Disposable gloves.Grant (AEL 01) Allowability:SHSP/UASI 2 2007 AEUSEL Number-OiZA-02-GLVW, Gloves, Outer, Work: Outer work gloves for physical hazard protection(certified as compliant with ANSI/ISEA 105). Grant Allowability:SHSP/UASI 3 2007 AEUSEL Number:0 1 ZA-03-EYEP,Protection,Eye: Safety glasses,safety goggles. Grant Allowability:SHSP/UASI/CCP 4 2007 AEUSEL Number:OlZA-06-HHAT,Hardhat: Hardhat.For use only with allowable personal protective ensembles or by Citizen Corps personnel as part of issued equipment. Only hardhats certified as compliant with ANSI Z89.1 are allowable.Grant Allowability: SHSP/UASI/CCP 5 2007AEL/SEL Number:01AR-06-DISP,Equipment,Respirator,Particulate,Disposable: Respirator certified by NIOSH under 42 CFR 84 and classified as one of nine types of Mtering- facepiece disposable particulate respirators(N95,N99,N100;R95,R99,R100;P95,P99, P100). Grant Allowability:SHSP/UASI/CCP 6 2007AEL/SEL Number:01ZA-06-VEST, Vest. Safety/reflective vest.Grant Allowability: SHSP/UASI/CCP 7 CBRNE Operational 2007 AEUSEL Number:030E-03-KTFA,Kit,First Aid, Trauma Type: Trauma type first aid kit, and Search and including bulk dressings and bandages,splints,occlusive dressings and associated supplies Rescue(AEL 03) for treating trauma patients in a field environment.Grant Allowability:SHSP/UASI 8 2007 AEUSEL Number'030E-03-SIGN,Signs: Restricted access and caution warning signs, preprinted or field printable, various colors,sizes,and shapes.Includes traffic cones and other free-standing signage,as well as mountable items.Grant Allowability:SHSP/UASI/CCP 9 2007 AEL/SEL Number.030E-05-ROPE Rope:Rope of various diameters,lengths,and ratings used specifically for human rescue,egress,hoist,or transport(certified as compliant with NFPA 1983).Grant Allowability:SHSP/UASI/CCP 10 2006 AEUSEL Number:0.30E-04-KTTL, Kit, Tool,Miscellaneous,Non-sparking. Non- sparking tool kit,to include bung and spanner wrenches and tool box. Grant Allowability: CCP/SHSP/UASI 11 2006 AEUSEL Number:03SR-02-TLI-IN, Toots,Hand: Manually operated hand tools,cutting torches,exothermic torches,accessories and attachments for cutting,prying,breaking, shoring,stabilizing,moving,applying or removing fasteners where powered tools are not appropriate or safe to use. Grant Allowability:CCP/SHSP/UASI 12 2006 AEUSEL Number 03SR-02-MARK, Tools,Structural Assessment,Marking and Monitoring: Tools,equipment,accessories and attachments for assessing,marking and monitoring damaged structures and their stability.Grant Allowability:CCP/SHSP/UASI 13 2007 AEUSEL Number.030E-04-LTHH,Light,Hand-Held or Helmet-Mounted Illumination: Hand-held lights or lights mounted on helmets or otherwise worn by the user for use in non- flammable or non-explosive atmospheres. Grant Allowability:SHSP/UASI 14 Decontamination(AEL 2007AEL/SEL Number:08D3-01-131-KT,Blankets, Disposable: Disposable blankets.Grant 08) Allowability:SHSP/UASI only 15 Medical(AEL 09) 2007 AEUSEL NUmber09ME-01-COTS Cots: Portable,lightweight structures that are easily assembled to accommodate patients in supine position. Typically used in shelter operations.Grant Allowability:SHSP/UASI only 16 2007 AEUSEL Number -01-LNEN Linens: Disposable and non-disposable linen products.Grant Allowability:SHSP/UASI only 17 2007 AEUSEL NUmber09ME-05-LITR titters/Stretchers: Hand-carried patient transport devices.Grant Allowability:SHSP/UAS1 only 18 2007 AEUSEL Number.09MS-01-TTAG, Tags and Supplies, Triage: Single-use,disposable patient marking devices for use during multi-casualty triage management.Grant Allowability: SHSP/UASI/CCP 19 2007 AEUSEL Number09MS-03-HYGP,Supplies,Personal Hygiene: Various skin disinfectant and hygiene supplies.Grant Allowability:SHSP/UASI only 20 2007 AEUSEL Number.09MS-03-BAGH,Bag,Biohazard: varible size,disposable bags to contain materials soiled with infectious fluids/products.Grant Allowability:SHSP/UASI only Page 19 of 37 EXHIBIT C: APPROVED EQUIPMENT LIST i 21 Medical(AEL 09) 2007 AEUSEL Number:09TR-01MKIT,Supplies,Moulage: Moulage supplies include prosthetics,makeup,and other materials used to simulate wounds/injuries for training/exercise purposes.Grant Allowability:SHSP/UASI/CCP 22 2007 AEUSEL NUmber.09TR-01-CSIM Equipment, Training/Casualty Simulation: Life-like human body replicas that enable medical practitioners to train in various scenarios.Grant Allowability:SHSP/UASI/CCP 23 2007 AEUSEL Number:09MS-04-TAPE Tape,Adhesive: Various size adhesive medical tape. Grant Allowability:CCP/SHSP/UASI 24 2007 AEUSEL Number:09MS-04-BAND Bandages and Dressings: Variable size,disposable bandages and dressing to treat all types of soft tissue wounds.Non-durable absorbent products.Grant Allowability:SHSP/UASI/CCP 25 Power(AEL 10) 2007 AEUSEL Number:1013C-00-13ATT,Batteries,All Types,Sizes: Batteries for all recommended equipment. Types including,but not limited to Alkaline,Nickel-Cadmium(Ni- CAD),Nickel Metal Hydride(NiMH),Lithium(Li-lon).Form factors such as AA,AAA, C and D cells,9-Volt, Clamshell. Grant Allowability:CCP/SHSP/UASI 26 Agricultural Terrorism AEL Number:16DT-01-IDNT,Supplies,Animal Identification:Animal identification supplies Prevention, such as back tags,marker crayons,waterproof tape and pens. Grant Allowability:SHSP/UASI Response,and only Mitigation Equipment (AEL 16) 27 CBRNE Logistical 2006 AEUSEL Number: 19GN-00-BGPK,Bags/Packs: Carry bags or wearable packs for Support Equipment storage and transportation of personal gear and equipment,personal protective equipment, (AEL 19) and miscellaneous equipment.Grant Allowability:CCP/SHSP/UASI I 28 Other Authorized 2007 AEUSEL Number:21 GN-00-CCEQ,Equipment,Citizen Corps: Equipment not covered (AEL 21) elsewhere that relates to specific training or volunteer assignments for CERT,Neighborhood Watch, VIPS,MRC,and Fire Corps.Includes,but is not limited to,whistles,badges,CCP patches,program clothing,vests,duct tape,cutting devices,ponchos,water purification tablets,power cords and strips,fire simulation burn pans,triage tarps,and barrier tape.Grant Allowability:CCP/SHSP/UASI 29 CERT Kit as sold by vendor. 30 CERT Manuals. I 31 CERT Field Guides 32 Two Way Radios:Family Radio Service(FRS)handheld radios for Citizen Corps volunteers 33 Sleeping Mats 34 2007AEUSEL Number.21GN-00-SHIP,Shipping:Shipping costs for equipment purchased with grant funding.Grant Allowability:CCP/SHSP/UASI 35 2007 AEUSEL Number:21 GN-00-STAX Sales Tax:Sales tax on equipment purchased with grant funding.Grant Allowability:CCP/SHSP/UASI i 36 Total: FFY08 SHSP&CCP CERT Programs Bulk Buy i I i I I i Page 20 of 37 EXHIBIT D DEPARTMENT OF EXECUTIVE SERVICES Washington State Military Department(, h �0� CONTRACT FACE SHEET 1 Contractor Name and Address 2 Contract Amount 3 Contract Number Kin County Office 3511 NE 2nd Street of Emergency Management $4,623,486 - b w& E Renton,WA 98066 4 Contractor's Contact Person, phone number 5 Contract Start Date 6. Contract End Date Tony Lewis (206) 205-4069 September 1, 2008 December 31, 2010 Tonv.Lewis(ftinacountv.gov 7 MD Program Manager/phone number 8 State Business License# 9 UBI#(state revenue) Kristin Ramos(263) 512-7483 NA 578-037-394-9 k.ramosgemd.wa.gov 10 Funding Authority Washington State Military Department(Department) and the U.S. Department of Homeland Security (DHS) 11 Funding Source Agreement# 12 Program Index# & OBJ/SUB-OJ 13 CFDA#&Title 14 TIN or SSN 2008-GE-T8-0038 783SU,783SA,783ST,783SQ,783SS,783SD NZ 97.067 - SHSP 1 91-6001327 15. Service Districts 16 Service Area by County(ies) 17 Women/Minority-Owned, State (BY LEG DIST) 1, 5,11, 30.34,36,37,41,43,45-48 Kin Count Certified9 X N/A ❑ NO g y (BY CONG DIST) 7,8,9 ❑ YES,OMWBE# 18 Contract Classification 19 Contract Type(check all that apply) ❑ Personal Services ❑ Client Services X Public/Local Gov't X Contract ❑ Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39 34) ❑ Interagency 20 Contractor Selection Process 21 Contractor Type(check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organizationlindividual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Junsdiction X Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22 BRIEF DESCRIPTION The U.S. Department of Homeland Security(DHS), Federal Emergency Management Agency(FEMA) is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from catastrophic and/or terrorist events through the FFY08 Homeland Security Grant,State Homeland Security Program. This funding is being provided to address the unique exercise, training, planning, equipment, organization, and management and administration needs of emergency responders. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order I (a) Applicable Federal and State Statutes and Regulations t (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) Any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto WHEREAS, the parties hereto have executed this contract on the day and year last specified below. FOR THE DEPARTMENT FOR THE CONTRACTOR rDategnatu,a T- 'Signature Date ames M Mullen, Director James J Buck, County Administrative Officer Emergency Management Division for Washington State Military Department APPROVED AS TO FORM King County Office of Emergency Management Sara J. Finlay (signature on file) 9/12/2007 Assistant Attorney General Q A �_i ml_ 4�!& Form 10/27/00 kdb FEMA-HSGP-FFY 08 Page 1 of 17 � gffi King County OEM Reissue-E09-178 Page 21 of 37 EXHIBIT D SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract Within the total contract amount, travel, subcontracts, 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 contract Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43 03 050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed , without the prior written authorization from the Department Budget categories are as specified or defined in the budget sheet of the contract ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department's Key Personnel Financial #/Copies Due Date Invoices 1 Within 30 days after the end of the period in which the work was performed. Invoices must be submitted no more often than monthly, but at least quarterly Failure to submit invoices in a timely manner will cause the Department to hold all requests for equipment approval until invoices are submitted Final Invoice 1 No later than 45 days following the (shall not exceed overall contract amount) contract end date Technical #/Copies Due Date Bi-Annual Strategy Implementation Report Electronic January 15 and July 15 of each year of the contract performance period Bi-Annual Progress Report Electronic January 15 and July 15 of each year of the contract performance period Close Out Report Electronic No later than 45 day following the contract end date , NIMS Compliance Progress Reports Electronic September 30 of each year of the contract performance period Failure to meet all of the reporting and invoicing deadlines will prohibit the Contractor from being reimbursed and will prevent vetting of equipment requests while contract requirements are outstanding. All contract work must end on the contract end date, including receipt of supplies and equipment, however, the Contractor has up to 45 days after the contract end date to submit all final reports, invoices, and/or deliverables. ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Military Department CONTRACTOR' MILITARY DEPARTMENT Jeff Bowers Sheryl Jardine Assistant Director HSGP Program Manager Jeff Bowers a)kingcounty.gov s iardmerc7r emd.wa.- ov (206) 205-4062 (253) 512-7469 FEMA-HSGP-FFY 08 Page 2 of 17 King County OEM Page 22 of 37 Reissue- E09-178 EXHIBIT D ARTICLE IV--ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements, to include but not limited to Office of Management and Budget (OMB) Circulars, A-87 (Cost Principles for State, local and Indian Tribal Governments), A-102 (Grants and Cooperative Agreements with State and Local Governments), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of States, Local Governments, and Non-Profit Organizations), The Federal Emergency Management Agency's codified regulations, 44 Code of Federal Regulations (CFR), and the U S Department of Homeland Security's Financial Management Guide Local and state procurement and contracting regulations take precedence over these requirements when local and state regulations are more stringent. ARTICLE V--ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) solely for the purpose of enhancing the capability of state and local units of government to prepare for, prevent, deter, respond to, and recover from catastrophic incidents resulting from man-made and natural events The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of this contract j 2. Grant funds may not be used to replace or supplant existing funding. 3. The Contractor will provide a match of$0 of non-federal origin ' 4. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Contractor 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 contract prior to distribution of appropriated federal funds 5. The Contractor 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. The Contractor agrees that to receive any federal preparedness funding, all National Incident T Management System (NIMS) compliance requirements outlined in applicable grant guidance must be met ARTICLE VI— PROCUREMENT AND FINANCIAL MANAGEMENT: 1 All sole source contracts over $100,000 must be reviewed and approved by the Department prior, to execution of a contract This requirement must be passed on to all of the Contractor's subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' sole source justifications 2. All contracts with individual consultants that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excfuding travel and subsistence) must be approved by the Department before the contract is executed This requirement must be passed on to all of the Contractor's subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' contract. 3. No costs will be reimbursed in advance of their being incurred by the Contractor 4. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor 5 Each A-19 will be accompanied by a spreadsheet detailing the expenditures Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. L 6 Requests for reimbursement of equipment purchases will include a copy of the vendor's invoicegand packing slip or a statement signed and dated by the Contractor'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. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates which can be found at http//www gsa gov FEMA-HSGP-FFY 08 Page 3 of 17 King County OEM Reissue-E09-178 Page 23 of 37 EXHIBIT D ARTICLE VII— EQUIPMENT MANAGEMENT: 1. The Contractor or a Subcontractor shall submit all proposed equipment purchases to the Committee on Homeland Security, Subcommittee on Equipment to ensure that the requested equipment is on,the Authorized Equipment List, is aligned with the statewide equipment purchasing strategy, and meets all statewide interoperability and standardization requirements No reimbursement for equipment costs will occur until the appropriate approvals have been obtained 2 The Contractor or Subcontractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program requirements as outlined in the applicable grant guidance 3. All equipment purchased under this contract, by the Contractor or a subcontractor, will be recorded and , maintained in the Contractor's equipment inventory system, unless specific de-obligated funds are contracted directly between a county, or other entity, and the State, in which case the contracted county maintains the equipment records 4. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized subcontractor/subgrantee for which a contract, subgrant agreement, or other means of legal transfer of ownership is in place 5. The Contractor, or a recognized subcontractor/subgrantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 6. The Contractor shall maintain equipment records that include a description of the equipmentgthe 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 equipment. 7 Records for equipment shall be retained by the Contractor 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 Contractor until all litigations, claims, or audit findings involving the records have been resolved. 8 For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section 13 3 definition of equipment will be used It defines equipment as a tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit This definition will be used for equipment purchased with contract funds, unless local or state regulations are more restrictive. 9 The Contractor shall take a physical inventory of the equipment and reconcile the results with'the equipment 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 Contractor to determine the cause of the difference The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment 10. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, unauthorized use and theft of equipment, to include small and attractive items Any loss, damage or theft shall be investigated and a report generated. 11 The Contractor will develop adequate maintenance procedures to keep the equipment in good condition. 12. If the Contractor is authorized or required to sell the equipment, proper sales procedures must be established to ensure the highest possible return 13. When original or replacement equipment is no longer needed for the original protect or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor 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 Contractor shall compensate the Federal-sponsoring agency for its share FEMA-HSGP-FFY 08 Page 4 of 17 King County,QEM Reissue- E09-178 Page 24 of 37 fU EXHIBIT D 14 Equipment purchased with funds from DHS grant programs should be marked with "Purchased with fu_r'ids provided by the U S Department of Homeland Security"whenever possible. 15. As subgrantees of federal funds, the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all subcontractors, consultants, and subgrantees who receive pass-through funding from this contract. ' ARTICLE Vill— SUBRECIPIENT MONITORING The Department will monitor the activities and equipment acquisition of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations. Monitoring activities may include' • review of performance reports and documentation of contract deliverables completion, • documentation of phone calls, meetings, a-mails and correspondence; • review of reimbursement requests to ensure allowability and consistency with contract budget and contract deliverables, • observation and documentation of contract related activities, such as planning, exercises, training, funded events and equipment demonstrations, , • 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. As a subgrantee of federal funds, the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all subcontractors, consultants, and subgrantees who receive pass-through funding from this contract FEMA-HSGP-FFY 08 Page 5 of 17 King County OEM Reissue- E09 178 Page 25 of 37 ni► EXHIBIT D Exhibit A Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below. a. "Department" shall mean the Washington 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. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department C. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier 1 d. "Recipient"— a nonfederal entity that expends federal awards received directly from a fedl?ral awarding agency to carry out a federal program. e. "Pass-Through Entity" means the Washington State Military Department as it is applied to this contract As found in SAAM 50 30.30 — "A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program." f "Nonfederal Entity" is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). g. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. h. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriatibns or other assistance It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. It I. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or"grants" or"agreements" I. "CFDA Number" — The five-digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse k. "CFR" —Code of Federal Regulations I. "OMB"— Office of Management and Budget m "RCW'- Revised Code of Washington n "WAC' -Washington Administrative Code FEMA-HSGP-FFY 08 Page 6 of 17 King County OEM Reissue- E097178 Page 26 of 37 tint s®►. EXHIBIT D 2. SUBRECIPIENT MONITORING a. The Department, as a Recipient and/or Pass-Through Entity, receives federal financial assistance under federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and monitoring of subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal Register The Department shall adhere to its Subrecipient Monitoring Policy (Finance Policy 02-006-06) and the Subrecipient Monitoring Procedures(Finance Procedure 02-006-06) b The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor's performance The Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures and reasonable assurance of contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essentiah for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract Subrecipient monitoring will occur throughout the year rather than relying solely on a once-a-year audit The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as appropriate and required by contract for 'for-profit" subrecipients, since the A-133 Single Audit does not apply to "for-profit" organizations. 3. RECORDS, MONITORING AND AUDIT ACCESS a The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to public records-The Contractor acknowledges that the Department is subject to the Public Records Act, Chapter 42 56 RCW, and that records prepared, owned, used or retained by the Department relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, excepf as exempt under RCW 42 56 or other statute which exempts or prohibits disclosure of specific information or records f c The Contractor shall maintain all books, records, documents, data, and other evidence relating to this contract and the provision of any materials, supplies, services and/or equipment under this contract herein, including, but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the Department, the Washington State Auditor's Office, and federal officials so authorized by law, rule, regulation, or contract The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contractor, whichever is later If any litigation, claim or audit is started before the expiration of the six (6)year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records. 1 k' FEMA-HSGP-FFY 08 Page 7 of 17 King County 0EM Reissue- E09r178 a, Page 27 of 37 EXHIBIT D d. Contractor shall provide right of access to its facilities and records to the Department and any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract 4. 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 (revised June 27, 2003, effective for fiscal years ending after December 31, 2003) 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 Circular A-133 is available on the OMB Home Page at http //www omb.gov and then select "Grants Management"followed by"Circulars". Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an audit Costs of the audit may be an allowable grant expenditure The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Department requesfs,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 Contractor all disallowed costs resulting from the audit Once the single audit has been completed, the Contractor 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 Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor'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 Contractor must include a corrective action plan for,any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts t 5. RECAPTURE PROVISIONS In the event that the Contractor fads to expend funds under this contract in accordance with applicable state and federal laws and/or the provisions of this contract, the Department reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any hither remedies available at law or in equity Such right of recapture shall exist for a period not to exceed six (6) years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. The Department is required to institute legal proceedings to enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. FEMA-HSGP-FFY 08 Page 8 of 17 King County OEM Reissue- E09-178 Page 28 of 37 EXHIBIT D This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42 52); Covenant Against Contingent Fees (48 C F.R. § 52 203-5), Public Records Act (RCW 42 56); Df6g- Free Workplace Act of 1988 (41 U S C § 701 et seq and 15 C F R. Part 29), Lobbying Restrictions.,(31 U S C § 1352 and 15 C.F R Part 28), and safety and health regulations The Department is not responsible for advising the Contractor about, or determining the Contractor's compliance with, applicable laws, regulations and policies. In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any applicable law, regulation or policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The Contractor is responsible for any and all costs or liability arising from the Contractor's failure to comply with applicable law, regulation or policy 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations These requirements include, but are not limited to a. Nondiscrimination in Employment The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap Such action shall include, but not be limited to,,the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not aj�Vly, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. Nondiscrimination laws and policies (such as RCW 49 60, Washington's Law Against Discrimination, and Title VII of the Civil Rights Act) 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.0 § 12101 et seq and 28 C F R Part 35 and other implementing regulations. The Contractor 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. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women's Business Enterprises as minority-owned and/or women-owned in carrying-out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity relating to this contract 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 Contractor ags)ees not to publish or use such advertising and publicity without the prior written consent of the Department 11. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency If requested by the Department, the Contractor shall complete and sign 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. atj F.. FEMA-HSGP-FFY 08 Page 9 of 17 King CountyJOEM Reissue-E09,-178 Page 29 of 37 EXHIBIT D Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs" which can be found at www epls -gov 13. LIMITATION OF AUTHORITY-- "Authorized Signature" The signatories to this contract represent that they have the authority to bind their respective organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned delegate by writing prior to action, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14 CONTRACTOR NOT EMPLOYEE—INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract The Contractor and/or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the Department or of the State of Washington by reason hereof, nor will the Contractor and/or employees or agents performing under this contract make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker'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 Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees-are employed by the state of Washington in their own right. If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Department. 15 NONASSIGNABILITY This contract, the work to be provided under this contract, and any claim arising thereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld 16. SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. All subcontracts entered into pursuant to this contract shall incorporateAhis contract in full by reference In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor's duties. The Military Department may request a copy of any and/or all subcontract` for work being completed under this contract. 17. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or gtjant Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding 18. SEVERABILITY In the event any term or condition of this contract, any provision of any document incorporated by reference, or application of this contract to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable FEMA-HSGP-FFY 08 Page 10 of 17 King CountjOEM Reissue-E09-178 Page 30 of 37 4 EXHIBIT D 19. ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract. Contractor shall not invoice the Department in advance of delivery of such goods or services. 20. TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of'any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract 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 Contractor may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example parking lots that do not provide receipts)that are authorized under this contract. 22 GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington 23. HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons or damage to property resulting 1 from negligence on the part of itself, its employees, agents, officers, or subcontractors Neither party assumes any responsibility to the other party for the consequences of any act or omission of any Third party. 24. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by The Adjutant General or the Authorized Signature for the Department and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation Should discussion and negotiation fad to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute The team hall s 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 disputes 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. i" 26 ATTORNEY'S FEES rE In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees and costs 27. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way I after the effective date of this contract and prior to normal completion, the Department may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for Cause", without providing the Contractor an opportunity to cure Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so FEMA-HSGP-FFY 08 Page 11 of 17 King CountyfOEM Reissue- E09-178 Page 31 of 37 EXHIBIT D 28. TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Contractor has faded to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the Department has the right to immediately suspend or terminate this contract in whole or in part. The Department may notify the Contractor 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 Contractor an opportunity to cure if it is not feasible as determined solely within the Department's discretion Anytime allowed for cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Contractor an opportunity to cure, the Department shall notify the Contractor 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 contract may be terminated in whole or in part. The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by.the Department to terminate the contract in whole or in part. In the event of termination, the Contractor shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g , cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". 29. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department's Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date :: Except as otherwise provided in this contract, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this contract to whole or in part by providing.ten (10) calendar days written notice, beginning on the second day after mailing to the Contractor. Lon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligation's of funds. In the event of termination, the Contractor shall be liable for all damages as authorized by;4aw. The rights and remedies of the Department provided for in this section shall not be exclusive and aim in addition to any other rights and remedies provided by law 30. TERMINATION PROCEDURES t In addition to the procedures set forth below, if the Department terminates this contract, the Contractor shall follow any procedures specified in the termination notice Upon termination of this contract and in addition to any other rights provided in this contract, the Department may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated FEMA-HSGP-FFY 08 Page 12 of 17 King County,OEM Reissue-E0cY-178 Page 32 of 37 x, EXHIBIT D k If the termination is for convenience, the Department shall pay to the Contractor 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 contract termination, and';the amount agreed upon by the Contractor and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (h) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iu) 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 contract 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 Contractor for termination The Department may withhold from any amounts due the Contractor 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 contract shall not be exclusive and are in addition to any other rights and remedies provided by law. r After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Contractor shall a. Stop work under the contract on the date, and to the extent specified, in the notice, b. Place no further orders or subcontracts for materials, services, supplies, equipment aMO/or facilities in relation to this contract except as may be necessary for completion of such portion of the work under the contract 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 Contractor under the orders and subcontracts 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 subcontracts, d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, 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 Department any property which, if the contract had been completed, would have been required to be furnished to the Department, s o 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 T; 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 contract which is in the possession of>the Contractor and in which the Department has or may acquire an interest AAG Approved 9/12/2007 1 FEMA-HSGP-FFY 08 Page 13 of 17 King CountyRbEM Reissue - EOJ-178 Page 33 of 37 EXHIBIT D Exhibit B Statement of Work FFY 2008 State Homeland Security Program , INTRODUCTION: The Washington State Military Department Emergency Management Division's (EMD) Homeland Security Section is responsible for programs designed to prepare and improve the State's ability to prepare for, prevent, protect against, respond to and recover from terrorist attacks and other major disasters. Through the U S Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the FFY08 State Homeland Security Program is providing funds to enhance the capability of state and local units of government to make measurable progress towards the achievement of the National Preparedness Guidelines by addressing the unique exercise, training, planning, organization, equipment, and administration needs of local emergency responders; to strengthen improvised explosive device (IED) attack deterrence, prevention, and protection capabilities, and to strengthen preparedness planning. Washington State is subdivided into nine (9) Homeland Security Regions Within each of the nine regions a Regional Homeland Security Coordinating Office (RHSCO) has been identified King County Office of Emergency Management is the Region 6 RHSCO King County Office of Emergency Management(herein known as the Contractor) agrees to the following. GENERAL PROGRAM REQUIREMENTS: 1 1 Work closely with the established Regional Homeland Security Council to develop a strategy and subsequent budget for the use of these funds The implementation of the projects or activities associated with these funds will be coordinated with the counties, cities, and the tribal governments located within the established region. 2 Activities under this contract must have a clear correlation to the goals, objectives, and priorities +dentgted in the Washington State Strategic Plan and corresponding Investment Justifications submitted in, the FFY08 grant application. 3 Plan and implement equipment purchases, exercises, training, planning and management & administration activities in accordance with the FFY08 Homeland Security Grant Program Guidance, which can be found at http.//www fema .gov/government/grant/hsqp/index.shtm, as well as all subsequent policy changes 4. Ensure that all subcontractors and subgrantees are in compliance with the FFY08 Homeland Security Grant Program Guidance through monitoring of expenditures and periodic reviews of activities 5. Submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based Grant Reporting Tool at https//www reporting.odp.dhs go v as required in the contract Milestones. 6 Submit a Bi-Annual Progress Report to the e-mail address hls.reporting@emd wa gov as required in the contract Milestones 7. Submit at a maximum monthly and a minimum quarterly signed and approved, invoice vouchers (State Form A-19) and a Reimbursement Spreadsheet to the Department for costs incurred 8 If purchasing equipment, the Contractor must meet the following requirements. a • Equipment must be in compliance with the FEMA Authorized Equipment List (AEL), as detailed t • http://www.rkb.us/. • Determine whether or not it is in the best interest of the Contractor to make purchases using its`own procurement process or ask the Department to make purchases on its behalf. • Make a request to the Department in writing that authorizes the Department to de-obligate funding from the Contractor's contract and use the state's procurement process to purchase equipment on behalf of the Contractor This will necessitate an amendment to the contract reducing the Contractor's award by an amount sufficient for the Department to make the purchase(s) The Department will pay the vendor directly and all items will be drop shipped to a location designated by the Contractor FEMA-HSGP-FFY 08 Page 14 of 17 King County OEM Reissue- E09-178 Page 34 of 37 �� EXHIBIT D 9 Exercises that are implemented with grant funds must meet the requirements of the FFY08 Homeland Security Grant Program Guidance, be threat and performance based, and should evaluate performance of critical prevention and response tasks required of the exercise scenario Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the FEMA portal within 60 days of completion of the exercise Reimbursements for exercise related expenditures can not be made until this requirement has been met 10 The FFY08 HSGP grant stipulates the following caps and thresholds: • The Contractor will not be reimbursed for Management and Administrative costs that exceed $138,705 of the total contract award. • The Contractor will not be reimbursed for personnel costs related to planning, training, exercise and/or equipment activities that exceed $508,000 • A minimum of 25% of the contract award must be spent on preparedness planning activities and/or strengthening improvised explosive device (IED) attack deterrence, prevention, and protection capabilities • A minimum of 25% of the contract award must be spent on law enforcement terrorism prevention- activities Costs which qualify for both the preparedness planning/IED minimum requirement and the +Law Enforcement prevention activities minimum requirement may be counted against both requirements, CONTRACTOR TASKS: 1. Purchase approved hazardous response, decontamination, medical surge, and explosive device equipment for first responder agencies, 2. Provide King County planning support for intelligence analysts and position related approved equipment needs for the King County Fusion Center and Seattle/King County RIG to strengthen information and intelligence gathering, analysis, and information sharing capabilities 3. Provide approved regional seminar for public and private stakeholders on the Automated Critical Assets Management System (ACAMS), provide approved regional seminar for public and private stakeholders on coordinating the region's critical infrastructure business continuity planning, and provide an approved regional workshop on issues pertaining to the cross sector interdependencies and cyber security issues of critical infrastructures for public and private stakeholders, 4. Provide planning support for the CBRNE program to move forward with integrated response protocols and the purchase of approved standardized equipment to address previously identified gaps, and provide planning support to create regional standardized protocols, guidelines, and evaluation criteria for J-aw Enforcement CBRNE teams region wide, and to apply the plans to approved local exercises, workshops, and drills. ;V 5. Provide planning support for Resource Management to populate resource databases, develop a resource processing system for a technology based process for the management of staff, volunteers, resources;and donated goods during all hazard events. 6 Provide approved subject matter expert consultation for the development of fully functional Alternative Care Facility and Operations Plans 7. Provide planning support and associated public education materials for Citizen Public Education and to purchase and distribute approved safety equipment used by CERT trained individuals. 8. Purchase approved CBRNE rated equipment for respiratory protection for the King County Regional Tactical Teams 9. Provide approved training and exercises for CBRNE Interoperable Communications, Medical Surge, and Incident Management to effectively respond to and recover from all hazard events, and provide approved equipment, planning support, and approved exercises and training for On Site Incident Management for the Seattle Metropolitan Incident Management Team to enhance incident management capabilities FEMA-HSGP-FFY 08 Page 15 of 17 King County GEM Reissue- E0q;178 Page 35 of 37 : s EXHIBIT D 10 Provide King County Zone 1 and Zone 3 planning support for all hazard preparedness, response, mitigation, and recovery, provide facilitation support for Zone level cooperative meetings and serve as the resource for information regarding training and education for Zone responders and agency representatiiles. 11 Provide King County planning support for a communications specialist to enhance preparedness planning coordination in Region 6, to include the Regional Public Information Network and other public education campaigns 12 Provide King County planning assistance for enhanced coordination of Homeland Security activities for Region 6 in support of the Region 6 Emergency Management Advisory Committee and related workgro'ups, the Region 6 Strategic Plan development, zone coordination and other approved Homeland Security related protects 13 If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. THE MILITARY DEPARTMENT AGREES TO: 1. Provide technical assistance, expertise, and state coordination with FEMA where necessary 2 Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which includes all documentation of expenditures as required V" i MILESTONES FFY08 State Homeland Security Program y MILESTONE TASK September 1, 2008 Start of contract performance period. 1 September 30, 2008 Submit NIMS compliance report. January 2008 Contract Execution January 15, 2009 Submission of Bi-annual Strategy Implementation Report (BSIR) & Progress Report July 15, 2009 Submission of Bi-annual Strategy Implementation Report (BSIR) & Progress Report. January 15, 2010 Submission of Bi-annual Strategy Implementation Report (BSIR) & Progress Report December 31, 2010 End of contract performance period No later than January 15, 2011 Submit all final reports, requests for reimbursement and/or deliverables. FEMA-HSGP-FFY 08 Page 16 of 17 King County OEM Reissue- E09r178 Page 36 of 37 EXHIBIT D Exhibit C BUDGET SHEET FFY 2008 State Homeland Security Program PLANNING Sub-Category Salaries &Benefits $ 527,500 Funding Souce 783SU Consultants/Sub-Contracting $ 425,000 Goods &Services $ 175,000 Travel&Per Diem $ Other-Indirect $ - Total $ 1,127,500 TRAINING Sub-Category Funding Source 783ST Salaries &Benefits $ 130,000 Consultants(Sub-Contracting $ 30,000 Goods &Services $ 5,000 Travel&Per Diem $ 15,000 Other $ - Total_ $ 180,000 EXERCISE Sub-Category Funding Source 783SQ Salaries &Benefits $ 190,000 ,i Consultants/Sub-Contracting $ 89,000 Goods &Seances $ 36,000 Travel&Per Diem $ Other $ Total $ 315,000 MANAGEMENT& ADMINISTRATION Sub-Category Funding Source 783SA Salaries &Benefits $ 130,000 Consultants/Sub-Contracting $ Goods &Services $ 8,000 Travel&Per Diem $ - Other $ Total $ 138,OOD ORGANIZATION Sub-Category Funding Source 783SD Salaries &Benefits $ Overtme $ Consultants/Sub-Contracting $ 250,000 Goods &Services $ - Travel& Per Diem $ 15,000 ' Other-Indirect $ Total $ 265,000 EQUIPMENT Sub-Category Funding Source 783SS Equipment $ 2,597,986 Total $ 2,597,986 Total Budget $ 4,623,486 1 Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without prior written authorization from the Department 2 Federal funds maybe used to supplement existing funds,and will not replace(supplant)funds that have been appropriated for the same purpose 3 The Contractor will not be reimbursed for Management and Administrative costs that exceed $138,705 of the total 4 The Contractor will not be reimbursed for personnel costs related to planning,training,exercise and equipment activities that exceed$508,000. 5 Aminimurn of 25%of the 6ontractaward mustbe spenton preparedness planning activities and/or strengthening improvised explosive device(IED)attack deterrence,prevention,and protection capabilities 6 Amimum of25%of the contract award mustbe spent on law enforcement terrorism prevention-activities FEMA-HSGP-FFY 08 Page 17 of 17 King County OEM Reissue-E00-178 Page 37 of 37 Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 63 1. SUBJECT: HOMELAND SECURITY SUBGRANT FOR CONTINUING EDUCATION - ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Accept the reimbursable grant not to exceed $4,000 from the King County Office of Emergency Management and authorize the Mayor to sign related documents. The monies are to be used for continuing education for Zone 3 (south King County) CERT graduates. The program will be coordinated, organized, and delivered through a Joint effort between all south King County CERT programs, including but not limited to: Kent, Federal Way, Renton, Fire District 44, Auburn, SeaTac, and others. 3. EXHIBITS: Sub-grant agreement 4. RECOMMENDED BY: Staff and Public Safety Committee 1/12/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $4,000 Revenue? $4,000 Currently in the Budget? Yes _ No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: FIRE DEPARTMENT Jim Schneider, Fire Chief KENT Phone: 253-856-4300 W. Fax: 253-856-6300 Address: 24611 1161h Ave SE Kent, WA. 98030-4939 DATE: January 12, 2010 TO: Public Safety Committee FROM: Jim Schneider, Fire Chief MOTION: Move to recommend that Council authorize the Fire Department to accept the Homeland Security Subgrant in an amount not to exceed $4,000 and authorize the Mayor to sign the agreement. SUMMARY: The City of Kent Emergency Management received a reimbursable grant not to exceed $4,000 from the King County Office of Emergency Management. The monies are to be used for continuing education for Zone 3 (south King County) CERT graduates. The program will be coordinated, organized and delivered through a Joint effort between all south King County CERT programs, including but not limited to: Kent, Federal Way, Renton, Fire District 44, Auburn, SeaTac, and others. j EXHIBIT: Sub-grant agreement BUDGET IMPACT: Up to $4,000 reimbursable grant. King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT FFY08 SUB GRANT AGREEMENT NUMBER: FFY08-CCP-001 PROJECT TITLE ZONE 3 CERT CONTINUING EDUCATION THIS AGREEMENT is made and entered into by and between King County and the City of Kent, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD) The funding source of the grant is the FFY08 Homeland Security Grant Program, Citizens Corps Program, Catalog of Federal Domestic Assistance (CFDA) #97.067, State Contract# K460. Neither the DHS nor the Federal Government shall be a party to any subagreement nor to any solicitations or request for proposals This Agreement shall be subject to the applicable grant contract between DHS and EMD and the subgrant contract between EMD and King County The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to comply with any King County requests that would cause King County to be in violation of the DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D NOW THEREFORE, King County and the Subgrantee mutually agree as follows: 1. SCOPE OF WORK, BUDGET AND APPROVED EQUIPMENT LIST The Subgrantee will accomplish the work and tasks as set forth in this Agreement including the Scope of Work, (attached hereto as Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C) 2. PERIOD OF PERFORMANCE The period of performance under this Agreement will be from November 1, 2009 to March 12, 2010 All work must be satisfactorily completed, and all invoice reimbursement requests, reports, and deliverables must be submitted to King County Office of Emergency Management, by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Tony Lewis - Project / Program Manager at King County Office of Emergency Management. The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee The Subgrantee's representative to this Agreement shall be Kimberly Behymer - Program Coordinator, for the City of Kent, who will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met Page 1 of 37 Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to King County or the Subgrantee at the addresses provided below: If to King County, Tony Lewis King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056-4192 PH. 206 296 3830 / FAX- 206 205 4056 Tony.Lewis@kingcounty.gov If to the Subgrantee: Kimberly Behymer City of Kent Emergency Management 24611 116`h Avenue SE Kent, WA 98030-4939 PH. 253 856 4343 / FAX 253 856 4119 kbehymer@ci kent wa.us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement Agreement and will not to exceed $ 4,000.00 (Four thousand dollars andno cents)with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement Payment for satisfactory performance of the work shall not exceed this amount. The parties may amend this amount by mutual agreement Compensation for satisfactory work performance shall be payable upon receipt of properly completed Invoice Reimbursement Request, which is available to the Subgrantee at http Plwww kingcounty aov/safetylpreparelEmeryencyManagementProfessionals/GrantslSubGrants aspx Invoice Reimbursement Request forms for eligible costs may be submitted no more than monthly and no less than quarterly after expenses have been incurred Supporting documentation is required for reimbursement of all expenses related to the Scope of Work, Budget and Approved Equipment List in Exhibits A, B and C Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance When seeking reimbursement for equipment, the Subgrantee must also present a Hand Receipt Form King County may also require the Subgrantee to document that funding governed by this Agreement is not being used to replace or supplant existing programs, staff costs, activities and/or equipment. Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly completed Invoice Reimbursement Request Payment shall be sent to the address designated by the Subgrantee on the Invoice Reimbursement Request form. King County may, at its sole discretion, withhold payments claimed by the Page 2 of 37 Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement. King County does not incur liability for any payment to the Subgrantee that is subsequently disallowed by State or Federal granting agencies King County reserves the right to withhold or recoup payment for work or activities determined by funding agencies to be ineligible for reimbursement 5. REPORTING REQUIREMENTS Narrative Progress Reports are due on a quarterly basis. This report must include the Subgrantee's progress in implementing the Scope of Work, including any problems encountered and possible cost overruns or under runs If no progress has been made on the Agreement a report must still be provided quarterly 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County, State or Federal officials as so authorized by law. 7. EQUIPMENT MANAGEMENT, ADMINISTRATIVE & GENERAL PROGRAM REQUIREMENTS A. EQUIPMENT MANAGEMENT All equipment purchased under this Agreement by the Subgrantee will be recorded and maintained in an equipment inventory system 1 The Subgrantee shall submit all proposed equipment purchases to the appropriate committee to ensure that the requested equipment is on the Authorized Equipment List (AEL), is aligned with the statewide equipment purchasing strategy, and meets all statewide interoperability and standardization requirements. No reimbursement for equipment costs will occur until the appropriate approvals have been obtained 2. The Subgrantee shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program requirements as outlined in the applicable grant guidance 3. Upon successful completion of the terms of this Agreement, all equipment purchased through this Agreement will be owned by the Subgrantee, or a recognized sub-grantee for which a contract, subgrant agreement, or other means of legal transfer of ownership is in place. 4. The Subgrantee, or a recognized subgrantee shall be responsible for any and all operation and maintenance expenses and for the safe operation of the equipment, including all questions of liability. 5 The Subgrantee shall maintain equipment records that include a description of the equipment, the manufacturer's serial number, model number, or other identification number, the source of the equipment, including the Catalogue of Federal Domestic Assistance or 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 Page 3 of 37 6. Records for equipment shall be retained by the Subgrantee for a period of six (6) years from the date of the disposition, replacement or transfer If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained by the Subgrantee until all litigations, claims, or audit findings involving the records have been resolved 7. The Subgrantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two (2) years Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subgrantee to determine the cause of the difference The Subgrantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment 8. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section 13 3 definition of equipment will be used It defines equipment as a tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit This definition will be used for equipment purchased with contract funds, unless local or state regulations are more restrictive 9. The Subgrantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, unauthorized use and theft of the equipment to include small and attractive items Any loss, damage or theft shall be investigated and a report generated which will be submitted to King County Office of Emergency Management 10.The Subgrantee will develop adequate maintenance procedures to keep the property in good condition 11.If the Subgrantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 12.When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Subgrantee 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 Subgrantee shall compensate the Federal- sponsoring agency for its share As subgrantees of federal funds the Subgrantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all subgrantees who receive pass-thru funding from this contract. , B. ADMINISTRATIVE REQUIREMENTS The Subgrantee shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements, to include but not limited to Office of Management and Budget (OMB) Circulars A-87 Cost Principles for State, Local and Indian Tribal Governments, A102 Grants and Cooperative Agreements with State and Local Governments, A122 Cost Principles for Non-Profit Organizations, A133 Audits of States, Local Governments, and Non-Profit Organizations, the Federal Emergency Management Agency's codified regulations, 44 code of Federal Regulations (CFR), and the LI S. Department of Homeland Security's Financial Management Guide Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. Page 4 of 37 C. General Requirements Subgrantee must adhere to all financial and procure guidance, including: • Adhere to Office of Grants and Training requirements that all sole source contracts over $100,000 be reviewed and approved by the King County prior to execution of a contract This requirement must be passed on to all of the Subgrantee's sub- contractors, at which point the Subgrantee will be responsible for reviewing and approving their sub contractor's sole source justification. Adhere to Office of Grants and Training requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by King County before the contract is executed This requirement must be passed on to all of the Subgrantee's sub-contractors, at which point the Subgrantee will be responsible for reviewing and approving their sub-contractor's contract • Grant funds may not be used to replace or supplant existing funding. No travel or subsistence costs, including lodging and meals, reimbursed under this sub grant agreement may exceed federal maximum rates which can be found at www gsa gov 8. COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein New federal �i laws, regulations, policies and administrative practices may be established after the date this Agreement is established and may apply to this Agreement To achieve compliance with changing federal requirements, the Subgrantee agrees to accept all changed requirements that apply to this Agreement and to require compliance with changed requirements in all subcontracts. Failure to comply shall constitute a material breach of this Agreement. By entering into this Agreement the Subgrantee agrees that to receive any federal preparedness funding, all National Incident Management System (NIMS) compliance requirements outlined in applicable grant guidance must be met The Subgrantee and all its subcontractors shall comply with, and DHS is not responsible for determining compliance with, any and all applicable federal, state, and local laws regulations and/or policies This obligation includes, but is not limited to, laws, regulations and policies listed in this Agreement. A. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Subgrant, the Subgrantee shall comply with all federal and state nondiscrimination statutes and regulations These requirements include, but are not limited to 1. Nondiscrimination in Employment: The Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities Page 5 of 37 2. The Subgrantee shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap Such action shall include, but not be limited to, the following Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers Ref- Executive Order 11246, as amended by Executive Order 11375; Title VII of the Civil Rights Act, as amended, 42 USC § 2000e; section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623, section 102 of the Americans with Disabilities Act, as amended, 42 USC §§ 12101 et seq., 29 CFR Part 1630, 41 CFR § 60- 14 B. NON-DISCRIMINATION During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this ' Agreement as defined by King County Code, Chapter 12.16. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12 17 or 12 18 The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49 60 and Titles VI and VII of the Civil Rights Act of 1964. During the performance of this Agreement, the Subgrantee, for itself, its assignees and successors-in-interest agrees as follows 1. Nondiscrimination The Subgrantee, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, creed, gender, disability, age or national origin in the selection and retention of subcontractors The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. Ref 20 USC §§ 1681 et seq., Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq., Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §§ 12101 etseq 2. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations either by competitive proposal or negotiation made by the Subgrantee for work to be performed under a subcontract each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, creed, gender, disability, age or national origin Page 6 of 37 3. Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent to ascertain compliance with such regulations, orders and instructions. The Subgrantee shall maintain all required records for at least six (6) years after King County makes final payment and all other pending matters are closed. 4. Incorporation of Provisions The Subgrantee shall include the provisions of paragraphs A through D of this section in every subcontract, unless exempt by the regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as King County or DHS may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Subgrantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request King County to enter into such litigation to protect the interests of the County, and in addition, the Subgrantee may request the Federal Government to enter into such litigation to protect the interests of the United States. C. AMERICANS WITH DISABILITIES ACT In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor shall comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. The Subgrantee is required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; and, and the following regulations and any amendments thereto: 1. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; 2. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; 3. U.S. General Services Administration regulations, "Construction and Alteration of Public Buildings," 41 CFR Subpart 101-19; 4. U.S. Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; 5. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled", 47 CFR Part 64, Subpart F. Page 7 of 37 i i D. PRIVACY ACT Should the Subgrantee, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on the party administering the system of records. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a government function, the Subgrantee and any subcontractors and their employees involved therein are considered to be government employees with respect to the government function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or this provision of this Agreement shall make this Agreement subject to termination. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement that involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act. E. INTEREST OF MEMBERS OF OR DELEGATES OF CONGRESS Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. F. DISCLOSURE OF LOBBYING ACTIVITIES �I Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County j as required by 49 CFR Part 20, "New Restrictions on Lobbying." The Subgrantee certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352. The Subgrantee shall t disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal Contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to King County. The Subgrantee shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352. G. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to King County in connection with this project, the County reserves the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq., and/or 49 USC § 5307(n)(1), as may be appropriate. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. H. ENERGY CONSERVATION i The Subgrantee agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., and 49 CFR Part 18. i Page 8 of 37 The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. I. ENVIRONMENTAL REQUIREMENTS The Subgrantee agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note. Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 etseq. and 40 CFR Part 1500, etseq. J. PREFERENCE FOR RECYCLED PRODUCTS To the extent practicable and economically feasible, the Subgrantee agrees to provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient. Examples of such products may include, but are not limited to, products described in the United States EPA Guidelines at 40 CFR Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 USC § 6962, and Executive Order 12873. K. PATENT RIGHTS If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States or any foreign country, the Subgrantee agrees to notify King County immediately and provide a detailed report. The rights and responsibilities of the Subgrantee and King County with respect to such invention, improvement or discovery shall be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof. Unless the Federal Government later makes a contrary determination in writing, irrespective of the Subgrantee's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, academic institution, individual), the County and the Subgrantee agree to take the necessary actions to provide, through DHS, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR Part 401. The Subgrantee also agrees to include the requirements of this section in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by DHS. Ref: 49 CFR Part 19, Appendix A, Section 5 L.. OMB CIRCULARS The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; OMB A-122, Cost Principles for Non-Profit Organizations; and A-133, Audits of States, Local Governments, and Non-Profit Organizations. �! M. SINGE AUDIT ACT Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U.S. Office of Management and Budget (OMB) Circular A- Page 9 of 37 i 133, Audits of States, Local Governments, and Non-Profit Organizations (Revised June 27, 2003, effective for fiscal years ending after December 31, 2003). 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. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an audit, if required. The Subgrantee shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontractors also maintain auditable f records. The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings. The Subgrantee is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subgrantee must respond to King County Office of Emergency Management requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. King County Office of Emergency Management reserves the right to recover from the Subgrantee all disallowed costs resulting from the audit. In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee's fiscal year(s). I The Subgrantee shall include the above audit requirements in any subcontracts. i N. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subgrantee is providing the signed certification f set out below. 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 Subgrantee knowingly rendered an erroneous certification, the Federal Government and County may pursue available remedies, including suspension and/or debarment. The Subgrantee shall provide immediate written notice to King County if at any time the Subgrantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 291. Page 10 of 37 The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any covered transaction with a person or subcontractor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by King County. The Subgrantee shall include the requirement in this section in any subcontracts. 9. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work (Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C) will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Except for changes in Equipment and Salaries & Benefits on the Budget (Exhibit B), up to ten percent (10%) of the total award amount may be shifted between the other approved budget categories and sub categories. For Equipment, Salaries & Benefits or amounts over ten percent (10%), the Subgrantee must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s). is (are) consistent with and/or achieve(s) the goals stated in the Scope of Work (Exhibit A) and falls within the grant requirements. 10. TERMINATION This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation. If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of termination. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. Funding under this Agreement beyond the current appropriation year is conditional upon appropriation of sufficient funds to support the activities described in this Agreement. Should such an appropriation not be approved, this Agreement will terminate at the close of the current appropriation year. 11. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this Agreement. The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee's execution of, Page 11 of 37 i performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. In the event the County incurs attorney fees and/or costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 12. INSURANCE j Subgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be submitted to King County Office of Emergency Management and shall constitute compliance j with this section. 13. SCHEDULE OF EXPENDITURES OF FINANCIAL ASSISTANCE King County Government Subgrantees should not include expenditures incurred by your agency and reimbursed by DHS through King County Office of Emergency Management on your annual Schedule of Expenditures of Financial Assistance. King County Office of Emergency Management, the lead agency for this federal award, is responsible for including these expenditures on their Schedule of Expenditures of Financial Assistance. C 14. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be an amendment of the terms of this Agreement unless stated to be such through written approval by both parties and shall be attached to the original Agreement. 15. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. M APPROVAL This Agreement shall be subject to the written approval of King County's authorized representative and shall not be binding until so approved. Page 12 of 37 i' THIS AGREEMENT, consisting of 13 pages and 4 attachments, is executed by the persons signing below who warrant and represent that they have the authority to execute the Agreement. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: CITY OF KENT KING COUNTY BY Name & Title Robin Friedman, Director Date Date i Page 13 of 37 1 Exhibit A: SCOPE OF WORK A-1 GENERAL INFORMATION: i Project Title: Zone 3 CERT Continuing Education Sub Grantee's Name: City of Kent Emergency Management Contact Person: Kimberly Behymer Job Title: Program Coordinator Complete Address: 24611 116`" Ave SE, Kent, WA 98030 Phone: 253.856.4343 Fax: 253.856.4119 E-Mail: kbehymer@ci.kent.wa.us i A-2 INVESTMENT JUSTIFICATION: Check ONE Investment Justification from the grant that will fund your project that best describes it. This is CCP funding { SHSP & LETPP Projects: I ❑ Protect Critical Infrastructure, Key Resources and Other Critical Assets ❑ Medical Surge and Mass Prophylaxis I ❑ Strengthen Plans, Protocols, Training and Exercises to Enhance Preparedness Planning ❑ Interoperable Communications I ❑ Strengthen Regional CBRNE Detection, Response and Decontamination Capabilities I ® Strengthen Regional Public Awareness and Community Preparedness Planning ❑ Law Enforcement Operations and IED Detection, Deterrence and Response ❑ Intelligence Production and Analysis - Washington Joint analytical Center and Regional Intelligence Groups UASI Projects: ❑ Preparedness Planning ❑ Enhance CBRNE Response Operations ❑ Enhance Medical Surge ❑ Urban Wide Interoperable Communications 3 ❑ Law Enforcement Operations ❑ Citizen Preparedness I i Page 14 of 37 i A-3 GOAL & OBJECTIVE SHSP & LETPP Projects: Identify ONE Goal and ONE Objective in the Washington Statewide Homeland Security Strategic c Plan that best represents the project: GOAL #: 5.6 GOAL DESCRIPTION: Increase Citizen Preparedness and Participation OBJECTIVE #: 5.6.2 OBJECTIVE DESCRIPTION: Build a strong statewide volunteer capability to assist emergency responders for all-hazards by June 2011. Identify ONE Strategic Category, ONE Target Capability and ONE Element in the Region 6 Homeland Security Strategic Plan that best represents the project: STRATEGIC CATEGORY J STRATEGIC CATEGORY DESCRIPTION: Citizen Corp TARGET CAPABILITY#: 38 TARGET CAPABILITY DESCRIPTION: Citizen Preparedness ELEMENT#: ELEMENT DEFINITION: UASI Projects: Identify ONE Goal and ONE Objective in the UASI Seattle-King County Urban Area Strategy that best represents the project: GOAL #: GOAL DESCRIPTION: OBJECTIVE #: OBJECTIVE DESCRIPTION: i Page 15 of 37 A-4 PROJECT DESCRIPTION: I Describe your project using a maximum of two pages by answering ALL of the following questions separately: 1. Provide a description of your project (who /what/where /when /why/ how): This project will provide continuing education for Zone 3 (south King County) CERT graduates. The program will be coordinated, organized and delivered through a joint effort between all south King County CERT programs, including but not limited to: Kent, Federal Way, Renton, Fire District 44, Auburn, SeaTac, and others. 2. What is the purpose of the project? The purpose of this project is to enhance the skills and knowledge of south King County CERT graduates. 3. What problem does the project solve? CERT graduates will remain active in the CERT program. 4. How does the project enhance local / regional homeland security and preparedness for j CBRNE /Terrorist/WMD incidents? Coordinated by the Department of Homeland Security (DHS), Citizen Corps and its programs, is a component of the USA Freedom Corps that focuses on opportunities for people to participate in a range of measures to make their families, homes and I communities safer from the threats of terrorism, crime, and disasters of all kinds. Citizen Corps also brings together a community's first responders, firefighters, I, emergency health care providers, law enforcement, and emergency managers with its volunteers. 5. What activities need to be completed to finish the project? if the project will be I implemented in phases, identify this dearly and tie them to your timeline in the following section. South King County CERT managers will meet to determine the date for the continued education event. They will also decide the scope of the activities, what materials, supplies and equipment need to be purchased, and which agencies will provide staff and facilities. I 6. What are the tangible results and /or deliverables of the project? South King County CERT graduates will be better prepared to assist in an actual I disaster. 7. How will the grant funds be used to support this project? Grant funds will be used to purchase supplies, materials and limited equipment needed to support the activities of the refresher training, as well as to ensure the safety of any i volunteers. A piece of CERT equipment may also be issued to some or all participants, along with identifying clothing. Grant funds will also be used to pay for a guest speaker. I I i Page 16 of 37 i A-5 PROJECT TIMELINE: Make a timeline that includes measurable activities for task completion and critical dates. Project must be completed and delivered prior to end date identified by KCOEM Grant j Manager. Narrative Progress Reports are required to be submitted on a quarterly basis (or more frequently if required by the KCOEM Grants Manages . The dates for these reports are January 15, April 15, July 15 and October 15. If your project started 1 month prior to a narrative progress report due date, you may wait until the following quarter or if your subgrant ends within 1 month of a narrative progress report you may submit with the final invoice. Include in the timeline submission of invoices reimbursement requests to KCOEM and the end of project report to KCOEM. if your project involves purchase of equipment, allow 3 months for equipment approval process to be completed which will happen before the contract is executed. I Sub rant executed Dec. 2009 South King County managers meet Jan. 2010 Research and select guest speaker Jan. 2010 Order materials, supplies, equipment Jan. 2010 Host event Feb. 2010 i Submit Narrative Report and Final Billing to KCOEM March 12, 2010 i i i Page 17 of 37 i Exhibit B: BUDGET B-1 ALLOWABLE COSTS: Using Appendix A-Authorized Program Expenditures of FFY08-HSGP Program Guidance & Application Kit identify the allowable costs that best represent this project: Other Authorized Equipment and Contractors/Consultants B-2 BUDGET SUMMARY: Fill out the budget table using the correct budget category for your project expenses. For ALL item descriptions you MUST specify what the amount is for using question 7, section A-4 of Exhibit A. Budget Category Planning Training Exercise Equipment Equipment $ - $ - $ - $ 2,500.00 Consultant Fees $ - $ 1,500.00 $ - Salaries & Benefits $ _ $ _ $ _ f Overtime/Backfill $ _ $ _ $ Travel & Per Diem $ _ $ _ $ _ Goods & Services $ _ $ _ $ _ Total Amount $ - $ 1,500.00 $ - $ 2,500.00 . 111 11 • With the exception of Equipment and Salaries & Benefits, changes to budget of no more than 10% are allowed without prior authorization from KCOEM. Any changes to Equipment and Salaries & Benefits must have prior authorization from KCOEM • Invoices submitted for reimbursement must not exceed total amount of award and must comply with grant requirements. Page 18 of 37 EXHIBIT C: APPROVED EQUIPMENT LIST Fiscal Year 2008 SHSP & CCP Citizen Corps Program Equipment Approval Request State: Washington Approval Date:TBD Jurisdiction: King County(Citizen Corps) Submission Date: 11/19/09 Item Equipment category Equipment for the King County Citizen Corps programs No. 1 Personal Protective 2007AEUSEL Number:OiZA-02-GLVD, Gloves, Outer,Disposable: Disposable gloves.Grant (AEL 01) Allowability:SHSP/UASI 2 2007 AEUSEL Number:OI ZA-02-GLVW Gloves,Outer, Work: Outer work gloves for physical hazard protection(certified as compliant with ANSI/ISEA 105).Grant Allowability:SHSP/UASI 3 2007 AEUSEL Number:01ZA-03-EYEP,Protection,Eye: Safety glasses,safety goggles. Grant Allowability:SHSP/UASI/CCP 4 2007 AEUSEL Nurnber 01ZA-06-111-IAT,Hardhat: Hardhat.For use only with allowable personal protective ensembles or by Citizen Corps personnel as part of issued equipment. Only hardhats certified as compliant with ANSI Z89.1 are allowable.Grant Allowability: SHSP/UASI/CCP 5 2007 AEUSEL Number.-01AR-06-DISP.Equipment,Respirator,Particulate,Disposable: Respirator certified by NIOSH under 42 CFR 84 and classified as one of nine types of filtering- facepiece disposable particulate respirators(N95,N99,N100;R95,R99,R100;P95,P99, P100).Grant Allowability:SHSP/UASI/CCP 6 2007 AEUSEL Number:O1 ZA-06-VEST, Vest: Safety/reflective vest.Grant Allowability: SHSP/UASI/CCP 7 CBRNE Operational 2007 AEUSEL Number:030E-03-KTFA,Kit,First Aid, Trauma Type: Trauma type first aid kit, and Search and including bulk dressings and bandages,splints,occlusive dressings and associated supplies Rescue(AEL 03) for treating trauma patients in a field environment.Grant Allowability:SHSP/UASI 8 2007 AEUSEL Nurnber:030E-03-SIGN.Signs: Restricted access and caution warning signs, preprinted or field printable,various colors,sizes,and shapes.Includes traffic cones and other free-standing signage,as well as mountable items.Grant Allowability:SHSP/UASI/CCP 9 2007 AEUSEL Nrunber:030E--05-ROPE Rope:Rope of various diameters,lengths,and ratings used specifically for human rescue,egress,hoist,or transport(certified as compliant with NFPA 1983). Grant Allowability:SHSP/UASI/CCP 10 2006 AEUSEL Nurnber,0.30E-04-KTTL, Kit, Tool,Miscellaneous,Non-sparking: Non- sparking tool kit,to include bung and spanner wrenches and tool box. Grant Allowability: CCP/SHSP/UASI 11 2006 AEUSEL Number:03SR-02-TLHN, Tools,Hand: Manually operated hand tools,cutting torches,exothermic torches,accessories and attachments for cutting,prying,breaking, shoring,stabilizing,moving,applying or removing fasteners where powered tools are not appropriate or safe to use. Grant Allowability:CCP/SHSP/UASI 12 2006 AEUSEL Number,03SR-02-ivtARK, Tools,Structural Assessment,Marling and Monitoring: Tools,equipment,accessories and attachments for assessing,marking and monitoring damaged structures and their stability.Grant Allowability:CCP/SHSP/UASI 13 2007 AEUSEL Number030E-04-1-THH,Light.Fland-Held or Helmet-Mounted Illumination: Hand-held lights or lights mounted on helmets or otherwise worn by the user for use in non- flammable or non-explosive atmospheres. Grant Allowability:SHSP/UASI 14 Decontamination(AEL 2007AELISEL Number:08D3-01-BLKT,Blankets, Disposable: Disposable blankets. Grant 08) Allowability:SHSP/UASI only 15 Medical(AEL 09) 2007 AEUSEL NUn7ber:09ME-01-COTS Cots: Portable,lightweight structures that are easily assembled to accommodate patients in supine position. Typically used in shelter operations.Grant Allowability:SHSP/UASI only 16 2007 AEUSEL Nurnber:09MS-01-1-NEN Linens: Disposable and non-disposable linen products.Grant Allowability:SHSP/UASI only 17 2007 AEUSEL Number.09ME-05-LITR Litters/Stretchers: Hand-carried patient transport devices.Grant Allowability:SHSP/UASI only 18 2007 AEUSEL Number.-09MS-01-TTAG, Tags and Supplies, Triage: Single-use,disposable patient marking devices for use during multi-casualty triage management.Grant Allowability: SHSP/UASI/CCP 19 2007 AEUSEL Number09MS-03-HYGP,Supplies,Personal Flygiene: Various skin disinfectant and hygiene supplies.Grant Allowability:SHSP/UASI only 20 2007 AEUSEL Nurnber.,09MS-03-BAGH,Bag,Biohazard:varible size,disposable bags to contain materials soiled with infectious fluids/products.Grant Allowability:SHSP/UASI only Page 19 of 37 EXHIBIT C: APPROVED EQUIPMENT LIST 21 Medical(AEL 09) 2007 AEUSEL Number:09TR-OiMKIT,Supplies,Moulage: Moulage supplies include prosthetics,makeup,and other materials used to simulate wounds/injuries for training/exercise purposes.Grant Allowability:SHSP/UASI/CCP 22 2007 AEUSEL Nurnber.09TR-01-CSiM Equipment, Training/Casualty Simulation: Life-like human body replicas that enable medical practitioners to train in various scenarios. Grant Allowability:SHSP/UASI/CCP 23 2007 AEUSEL Number:09MS-04-TAPE Tape,Adhesive: Various size adhesive medical tape. Grant Allowability:CCPISHSPIUASI 24 2007 AEUSEL Number09MS-04-13AND Bandages and Dressings: Variable size,disposable bandages and dressing to treat all types of soft tissue wounds.Non-durable absorbent products.Grant Allowability:SHSP/UASI/CCP 25 Power(AEL 10) 2007 AELISEL Number:1013C-00-13ATT,Batteries,All Types,Sizes: Batteries for all recommended equipment. Types including,but not limited to Alkaline,Nickel-Cadmium(Ni- CAD),Nickel Metal Hydride(NiMH),Lithium(Li-lon).Form factors such as AA,AAA, C and D cells,9-Volt, Clamshell. Grant Allowability:CCPISHSPIUASI 26 Agricultural Terrorism AEL Number:16DT-01-iDNT,Supplies,Animal Identification:Animal identification supplies Prevention, such as back tags,marker crayons,waterproof tape and pens. Grant Allowability:SHSPIUASI Response,and only Mitigation Equipment (AEL 16) 27 CBRNE Logistical 2006 AEUSEL Number.- f 9GN-00-BGPK,Bags/Packs: Cary bags or wearable packs for Support Equipment storage and transportation of personal gear and equipment,personal protective equipment, (AEL 19) and miscellaneous equipment.Grant Allowability:CCPISHSPIUASI 28 Other Authorized 2007 AEUSEL Number:21 GN-00-CCEQ,Equipment, Citizen Corps: Equipment not covered (AEL 21) elsewhere that relates to specific training or volunteer assignments for CERT,Neighborhood Watch, VIPS,MRC,and Fire Corps.includes,but is not limited to,whistles,badges, CCP patches,program clothing,vests,duct tape,cutting devices,ponchos,water purification tablets,power cords and strips,fire simulation burn pans,triage tarps,and barrier tape. Grant Allowability:CCPISHSPIUASI 29 CERT Kit as sold by vendor. 30 CERT Manuals. 31 CERT Field Guides 32 Two Way Radios:Family Radio Service(FRS)handheld radios for Citizen Corps volunteers 33 Sleeping Mats 34 2007 AEUSEL Number:21GN-00-SHIP,Shipping:Shipping costs for equipment purchased with grant funding.Grant Allowability:CCP/SHSP/UASI 35 2007 AEUSEL Number:21 GN-00-STAX Sales Tax:Sales tax on equipment purchased with grant funding.Grant Allowability:CCPISHSPIUASI 36 Total: FFY08 SHSP&CCP CERT Programs Bulk Buy I Page 20 of 37 EXHIBIT D: STATE CONTRACT INTERLOCAL GRANT AGREEMENT Contractor Name and Address: Agreement Amount: Agreement Number King County Office of Emergency Management $22,g46 K460 3511 NE 2 Street Renton,WA 98056 Contractor's Contact Person, phone number: Service Start Date: Service End Date: Robin Friedman, 206-296-3830 September 1, 2008 February 28, 2010 CCP Program Manager, phone number: Contract Start Date: Contract End Date: Denise Mack, (360)725-5290 September 1, 2008 April 15, 2010 Funding Authority: Washington Commission for National and Community Service (Commission), Washington State Military Department (Department) and the U.S. Department of Homeland Security(DHS) Funding Source Agreement* Program Index# & OBJ/SUB-OJ CFDA#&Title: 2008-GE-T8-0038 763CS 97.067 HSGP Women/Minority-Owned, State Certified?: Service Area by County(ies): TIN or SSN: ® N/A ❑ NO ❑ YES, OMWBE# King 91-6001327 Contractor Selection Process: Contractor Type(check all that apply) ® 'To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A!E RCW ❑ N/A ® Public Organization/Jurisdiction ® Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ VENDOR ® SUBRECIPIENT ❑ OTHER BRIEF DESCRIPTION: The Department of Homeland Security (DHS), Office of Grants and Training (G&T) is providing funds through the FFY08 Homeland Security Grant Program, Citizen Corps Program to support Citizen Corps Councils with planning, outreach, and management of Citizen Corps programs and activities. IN WITNESS WHEREOF, the Commission and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Special Terms and Conditions (c) Statement of Work, Exhibit B (d) Budget, Exhibit C (e) General Terms and Conditions, Exhibit A, and if attached, (f) any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this contract on the day and year last specified below. FOR THE COMMISSION: 7 FOR THE CONTRACTOR: Signature Date ignatur Da e William C. Basl, Executive Director James J. Buck, County Administrative Officer for For. Washington Commission for National and Community Service King County Department of Executive Services Form 10/27/00 kdb FEMA-HSGP-FFY 08 Page 1 of 17 King County Page 21 of 37 EXHIBIT D: STATE CONTRACT SPECIAL TERMS AND CONDITIONS ARTICLE I --COMPENSATION SCHEDULE: This is a reimbursement contract. Within the total contract amount, travel, subcontracts, 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 contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43,03.060 as now existing or amended and in agreement with federal rates. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Commission. The Contractor may make changes to the budget, without a formal amendment to the Contract and without securing the prior approval of the Commission, under the following conditions. a. The revisions must not result in the need for additional funding. b. Such changes must not alter the scope of the contract's work statement and must not be prohibited by applicable federal or state statutes or regulations. c. Changes to the budget category Management and Administration (M&A) are not allowable and will not be reimbursed beyond the budgeted amount. d. Cumulative changes to budget categories less than 10% of the contract award are allowable. Such changes may be between budget categories and must not alter the total amount of money awarded under the contract. Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without an executed amendment to the contract. ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Commission's Key Personnel: Financial #/Copies Due Date Invoices 1 Within 30 days after the end of the period (including Final) in which the work was performed as specified in Exhibit B Invoices must be submitted no more often than monthly, but at least quarterly. Failure to submit invoices in a timely manner will cause the Commission to hold all requests for equipment approval until invoices are submitted. Final Invoice shall not exceed overall contract amount. Technical #/Copies Due Date Bi-Annual Strategy Implementation Report Electronic January 15th &July 15th of each year of the contract performance period Bi-Annual Progress Report Electronic January 15th &July 15th of each year of the contract performance period Close Out Report Electronic Due by contract end date NIMS Compliance Progress Reports Electronic September 30th of each year 4 of the contract performance period Failure to meet all of the reporting and invoicing deadlines will prohibit the Contractor from being reimbursed and will prevent vetting of equipment requests while contract requirements are outstanding. All contract work must end on the Service End Date, February 28, 2010. The Contractor must submit all reports and deliverables on or before the Contract End Date, April 15, 2010. i ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Commission. CONTRACTOR: COMMISSION: Robin Friedman, Director Denise Mack, Program Coordinator FEMA-HSGP-FFY 08 Page 2 of 17 King County Page 22 of 37 EXHIBIT D: STATE CONTRACT ARTICLE IV--ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements, to include but not limited to: Office of Management and Budget (OMB) Circulars, A-87 (Cost Principles for State, local and Indian Tribal Governments), A-102 (Grants and Cooperative Agreements with State and Local Governments), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of States, Local Governments, and Non-Profit Organizations), The Federal Emergency Management Agency's codified regulations, 44 Code of Federal Regulations (CFR), and the U.S. Department of Homeland Security's Financial Management Guide. Local and state procurement and contracting regulations take precedence over these requirements when local and state regulations are more stringent. ARTICLE V--ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the Federal Emergency Management Agency solely for the purpose of enhancing the capability of state and local units of government to prepare for, prevent, deter, respond to, and recover from catastrophic incidents resulting from man-made and natural events. The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of this contract. 2. Grant funds may not be used to replace or supplant existing funding. 3. The Contractor will provide a match of$0 of non-federal origin. 4. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Contractor agrees that it will not hold the Commission, 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 contract prior to distribution of appropriated federal funds. 5. The Contractor agrees that it will not hold the Commission, 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. The Contractor agrees that to receive any federal preparedness funding, all National Incident Management System (NIMS) compliance requirements outlined in applicable grant guidance must be met. ARTICLE VI —PROCUREMENT & FINANCIAL MANAGEMENT: 1. All sole source contracts over $100,000 must be reviewed and approved by the Commission prior to execution of a contract. This requirement must be passed on to all of the Contractor's subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' sole source justifications. 2. All contracts with individual consultants that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Commission before the contract is executed. This requirement must be passed on to all of the Contractor's subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' contract. 3. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 4. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Commission, and local, state, or federal auditors. 5. Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Contractor'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". 6. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates which can be found at http://www.gsa.gov. ARTICLE VII — EQUIPMENT MANAGEMENT: FEMA-HSGP-FFY 08 Page 3 of 17 King County Page 23 of 37 EXHIBIT D: STATE CONTRACT 1. The Contractor or a Subcontractor shall submit all proposed equipment purchases to the Committee on Homeland Security, Subcommittee on Equipment to ensure that the requested equipment is on the Authorized Equipment List, is aligned with the statewide equipment purchasing strategy, and meets all statewide interoperability and standardization requirements. No reimbursement for equipment costs will occur until the appropriate approvals have been obtained. i 2. The Contractor or Subcontractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program requirements as outlined in the applicable grant guidance 3. All equipment purchased under this contract, by the Contractor or a subcontractor, will be recorded and maintained in the Contractor's equipment inventory system, unless specific de-obligated funds are contracted directly between a county, or other entity, and the State, in which case the contracted county maintains the equipment records. 4. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized subcontractor/subgrantee for which a contract, subgrant agreement, or other means of legal transfer of ownership is in place. 5. The Contractor, or a recognized subcontractor/subgrantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 6. The Contractor shall maintain equipment records that include: a description of the equipment; 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 equipment. 7. Records for equipment shall be retained by the Contractor for a period of six years from the date of the j 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 Contractor until all litigations, claims, or audit findings i involving the records have been resolved. 8. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section 13.3 definition of equipment will be used. It defines equipment as a tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. This definition will be used for equipment purchased with contract funds, unless local or state regulations are more restrictive. 9. The Contractor shall take a physical inventory of the equipment and reconcile the results with the equipment 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 Contractor to determine the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 10.The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, unauthorized use and theft of equipment, to include small and attractive items. Any loss, damage or theft shall be investigated and a report generated. 11.The Contractor will develop adequate maintenance procedures to keep the equipment in good condition. 12.If the Contractor is authorized or required to sell the equipment, proper sales procedures must be established to ensure the highest possible return. 13.When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor 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 Contractor shall compensate the Federal-sponsoring agency for its share. i FEMA-HSGP-FFY 08 Page 4 of 17 King County 1 I Page 24 of 37 EXHIBIT D: STATE CONTRACT 14.As subgrantees of federal funds, the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all subcontractors, consultants, and subgrantees who receive pass-through funding from this contract, ARTICLE VIII —SUBRECIPIENT MONITORING The Commission will monitor the activities and equipment acquisition of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the Commission's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations. Monitoring activities may include: • review of performance reports and documentation of contract deliverables completion; • documentation of phone calls, meetings, a-mails and correspondence; • review of reimbursement requests to ensure allowability and consistency with contract budget and contract deliverables; • observation and documentation of contract related activities, such as planning, exercises, training, funded events and equipment demonstrations; • 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. As a subgrantee of federal funds, the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all subcontractors, consultants, and subgrantees who receive pass-through funding from this contract. i FEMA-HSGP-FFY 08 Page 5 of 17 King County Page 25 of 37 EXHIBIT D: STATE CONTRACT Exhibit A Subrecipient GENERAL TERMS AND CONDITIONS 1*. DEFINITIONS j As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington 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. "Commission" shall mean the Washington Commission for National and Community Service. C. Contractor shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. ` 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Commission and that agrees to provide goods or services to be utilized by the Commission. d. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The i terms "subcontractor"and "subcontractors" mean subcontractor(s) in any tier. e. "Recipient"— a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. f.. "Pass-Through Entity" means the Washington State Military Department as it is applied to this contract. As found in SAAM 50.30.30 — "A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program." g. "Nonfederal Entity" is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). h. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. i. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance. It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. j. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or"grants" or"agreements". k. "CFDA Number" — The five-digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. 1. "CFR"— Code of Federal Regulations M. "OMB"—Office of Management and Budget n. "RCW"- Revised Code of Washington o "WAC" -Washington Administrative Code. FEMA-HSGP-FFY 08 Page 6 of 17 King County Page 26 of 37 EXHIBIT D: STATE CONTRACT 2. SUBRECIPIENT MONITORING a. The Commission, as a Recipient and/or Pass-Through Entity, receives federal financial assistance under federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and monitoring of subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal Register. b. The Contractor shall perform under the terms of the contract and the Commission has responsibility for reasonable and necessary monitoring of the Contractor's performance. The Commission shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures and reasonable assurance of contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. Monitoring may include periodic contractor reporting to the Commission, Commission review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely on a once-a-year audit. The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements. The Commission as the Recipient and/or Pass-Through Entity will conduct on-site visits as appropriate and required by contract for "for-profit" subrecipients, since the A-133 Single Audit does not apply to"for-profit" organizations. 3. RECORDS, MONITORING AND AUDIT ACCESS a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to public records-The Contractor acknowledges that the Commission is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained by the Commission relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. C. The Contractor shall maintain all books, records, documents, data, and other evidence relating to this contract and the provision of any materials, supplies, services and/or equipment under this contract herein, including, but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the Commission, the Department, the Washington State Auditor's Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contractor, whichever is later. If any litigation, claim or audit is started before the expiration of the six (6)year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records. FEMA-HSGP-FFY 08 Page 7 of 17 King County Page 27 of 37 EXHIBIT D: STATE CONTRACT j i d. Contractor shall provide right of access to its facilities and records to the Commission and any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 4. 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 (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). 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. Circular A-133 is available on the OMB Home Page at ht_tp://www.omb.gov and then select "Grants Management" followed by"Circulars". Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement I and shall ensure that any subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Commission requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Commission reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit to the Commission and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Washington Commission for National and Community Service Attn: Citizen Corps Program Coordinator PO Box 43113 Olympia, WA 98504-3113 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. 5. RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with applicable state and federal laws and/or the provisions of this contract, the Commission reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such right of recapture shall exist for a period not to exceed six (6) years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. The Commission is required to institute legal proceedings to enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. FEMA-HSGP-FFY 08 Page 8 of 17 King County I Page 28 of 37 i EXHIBIT D: STATE CONTRACT This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); Drug- Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31 U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Commission is not responsible for advising the Contractor about, or determining the Contractor's compliance with, applicable laws, regulations and policies. In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any applicable law, regulation or policy, the Commission may rescind, cancel, or terminate the contract in whole or in part. The Contractor is responsible for any and all costs or liability arising from the Contractor's failure to comply with applicable law, regulation or policy. 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. Nondiscrimination laws and policies (such as RCW 49.60, Washington's Law Against Discrimination, and Title VII of the Civil Rights Act). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101 et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor 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. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women's Business Enterprises as minority-owned and/or women-owned in carrying out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the Commission all advertising and publicity relating to this contract wherein the Commission's name is mentioned or language used from which the connection of the Commission's name may, in the Commission's judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the Commission. 11. DISCLOSURE The use or disclosure by any party of any information concerning the Commission for any purpose not directly connected with the administration of the Commission's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Commission. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the Commission, the Contractor shall complete and sign 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. FEMA-HSGP-FFY 08 Page 9 of 17 King County Page 29 of 37 EXHIBIT D: STATE CONTRACT Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs"which can be found at www,epls.gov. 13, LIMITATION OF AUTHORITY-- "Authorized Signature" The signatories to this contract represent that they have the authority to bind their respective organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned delegate by writing prior to action, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14. CONTRACTOR NOT EMPLOYEE—INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and/or employees or agents performing under this contract are not employees or agents of the Commission in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the Commission, the Department or of the State of Washington by reason hereof, nor will the Contractor and/or employees or agents performing under this contract make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Commission, the Department or of the State of Washington, including, but not limited to, Worker'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 i Chapter 41.06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. If the Contractor is an individual currently employed by a Washington State agency, the Commission shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Commission. 15. NONASSIGNABILITY This contract, the work to be provided under this contract, and any claim arising thereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 16. SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Commission. Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference. In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Commission for any breach in the performance of the Contractor's duties. The Commission may request a copy of any and/or all subcontracts for work being completed under this contract. 17. CONTRACT MODIFICATIONS i The Commission and the Contractor may, from time to time, request changes to the contract or grant. Any such changes that are mutually agreed upon by the Commission and the Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 18. SEVERABILITY In the event any term or condition of this contract, any provision of any document incorporated by reference, or application of this contract to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without i I FEMA-HSGP-FFY 08 Page 10 of 17 King County Page 30 of 37 EXHIBIT D: STATE CONTRACT the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 19. ADVANCE PAYMENTS PROHIBITED The Commission shall make no payments in advance or in anticipation of goods or services to be provided under this contract. Contractor shall not invoice the Commission in advance of delivery of such goods or services. 20. TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with federal or state per diem rates, or General Service Administration, whichever is of least cost, pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the Commission copies of receipts for any travel related expenses other than meals and mileage (example: parking lots that do not provide receipts)that are authorized under this contract. 22. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 23. HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 24. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by the Commission and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, 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 disputes 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. 26. ATTORNEY'S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees and costs. 27. 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 contract and prior to normal completion, the Commission may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for Cause", without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Commission has no obligation to do so. FEMA-HSGP-FFY 08 Page 11 of 17 King County Page 31 of 37 EXHIBIT D: STATE CONTRACT I i 28. TERMINATION OR SUSPENSION FOR CAUSE In the event the Commission, in its sole discretion, determines the Contractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the Commission has the right to immediately suspend or terminate this contract in whole or in part. The Commission may notify the Contractor in writing of the need to take corrective action and provide a period of time in which to cure. The Commission is not required to allow the Contractor an opportunity to cure if it is not feasible as determined solely within the Commission's discretion. Any time allowed for cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any other remedies available to the Commission. If the Commission allows the Contractor an opportunity to cure, the Commission shall notify the Contractor 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 Commission, or if such corrective action is deemed by the Commission to be insufficient, the contract may be terminated in whole or in part. The Commission reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the Commission to terminate the contract in whole or in part. In the event of termination, the Contractor shall be liable for all damages as authorized by law, including j but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Commission 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 Contractor: (1) was not in default or material breach, or (2) failure to perform was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". 29. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Commission's Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this contract, the Commission, in its sole discretion and in the best s interests of the State of Washington, may terminate this contract in whole or in part by providing ten j (10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon notice of termination for convenience, the Commission reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law. The rights and remedies of the Commission provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 30. TERMINATION PROCEDURES In addition to the procedures set forth below, if the Commission terminates this contract, the Contractor shall follow any procedures specified in the termination notice. Upon termination of this contract and in addition to any other rights provided in this contract, the Commission may require the Contractor to deliver to the Commission any property specifically produced or acquired for the performance of such part of this contract as has been terminated. FEMA-HSGP-FFY 08 Page 12 of 17 King County Page 32 of 37 EXHIBIT D: STATE CONTRACT If the termination is for convenience, the Commission shall pay to the Contractor the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Commission prior to the effective date of contract termination, and the amount agreed upon by the Contractor and the Commission 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 Commission, (iii) other work, services and/or equipment or supplies which are accepted by the Commission, 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 contract. If the termination is for cause, the Commision shall determine the extent of the liability of the Commission. The Commission shall have no other obligation to the Contractor for termination. The Commission may withhold from any amounts due the Contractor such sum as the Commission determines to be necessary to protect the Commission against potential loss or liability. The rights and remedies of the Commission provided in this contract 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 Commission in writing, the Contractor shall: a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to this contract except as may be necessary for completion of such portion of the work under the contract as is not terminated; C. Assign to the Commission, in the manner, at the times, and to the extent directed by the Commission, all of the rights, title, and interest of the, Contractor under the orders and subcontracts so terminated, in which case the Commission has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Commission to the extent the Commission may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Commission and deliver in the manner, at the times, and to the extent directed by the Commission any property which, if the contract had been completed, would have been required to be furnished to the Commission; f. Complete performance of such part of the work as shall not have been terminated by the Commission in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Commission may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Commission has or may acquire an interest. AAG Approved 9/12/2007 FEMA-HSGP-FFY 08 Page 13 of 17 King County Page 33 of 37 EXHIBIT D: STATE CONTRACT i Exhibit B r Statement of Work FFY 2008 State Homeland Security Program INTRODUCTION: The FFY08 Citizen Corps Program (CCP) funds are provided to support Citizen Corps Councils with efforts to engage citizens in all-hazards prevention, protection, response, and recovery. These efforts include planning and evaluation, public education and emergency communications, training, exercises, volunteer programs and activities to support emergency j responders, surge capacity roles and responsibilities, and providing proper equipment to citizen volunteers. King County (herein known as the Contractor) agrees to the following tasks: GENERAL PROGRAM REQUIREMENTS: 1. Work closely with the established Regional Homeland Security Council to develop a strategy and subsequent budget for the use of these funds. The implementation of the projects or activities associated with these funds will be coordinated with the counties, cities, and the tribal governments located within the established region. 2. Activities under this contract must have a clear correlation to the goals, objectives, and priorities identified in the Washington State Strategic Plan and corresponding Investment Justifications submitted in the FFY08 grant application. 3. Plan and implement equipment purchases, exercises, training, planning and management & administration activities in accordance with the FFY08 Homeland Security Grant Program Guidance, which can be found at http://www.fema.gov/governmenUgrant/hs_ p/index.shtm, as well as all subsequent policy changes. 4. Ensure that all subcontractors and subgrantees are in compliance with the FFY08 Homeland Security Grant Program Guidance through monitoring of expenditures and periodic reviews of activities. 5. Submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based Grant Reporting Tool at 1 https://www.reporting.odp.dhs.gov as required in the contract Milestones. 6. Submit a Bi-Annual Progress Report to hls.reporting@emd.wa.gov and the Commission's Key Personnel as required in the contract Milestones. j 7. Submit at a maximum monthly and a minimum quarterly, signed and approved, invoice vouchers (State Form A-19) and a Reimbursement Spreadsheet to the Department for costs incurred. 8. If purchasing equipment, the Contractor must meet the following requirements: • Equipment must be in compliance with the FEMA Authorized Equipment List (AEL), as detailed at: http://www.rkb.us/. • Determine whether or not it is in the best interest of the Contractor to make purchases using its own procurement process or ask the Department to make purchases on its behalf. • Make a request to the Department in writing that authorizes the Department to de-obligate funding from the Contractor's contract and use the state's procurement process to purchase equipment on behalf of the Contractor. This will necessitate an amendment to the contract reducing the Contractor's award by an amount sufficient for the Department to make the purchase(s). The Department will pay i the vendor directly and all items will be drop shipped to a location designated by the Contractor. 9. Exercises that are implemented with grant funds must meet the requirements of the FFY08 Homeland Security Grant Program Guidance, be threat and performance based, and should evaluate performance of critical prevention and response tasks required of the exercise scenario. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the FEMA portal within 60 days of completion of the exercise. Reimbursements for exercise related expenditures can not be made until this requirement has been met. I I FEMA-HSGP-FFY 08 Page 14 of 17 King County Page 34 of 37 EXHIBIT D: STATE CONTRACT 10. The FFY08 HSGP grant stipulates the following caps and thresholds: • The Contractor will not be reimbursed for Management and Administrative costs that exceed the budgeted amount (see Exhibit C). • Expenditures for promotional items must not exceed 15% of the total allocation. ® Expenditures for kits used in volunteer response (e.g., CERT or MRC kits/backpacks) or clothing for official identification must not exceed 30% of the total allocation. CONTRACTOR TASKS: 1. Develop continuing education programs by Zone for CERT graduates 2. Design and produce promotional products for National Night Out 3. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. THE COMMISSION AGREES TO: 1. Provide technical assistance, expertise, and state coordination with FEMA where necessary. 2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which includes all documentation of expenditures as required. FEMA-HSGP-FFY 08 Page 15 of 17 King County Page 35 of 37 EXHIBIT D: STATE CONTRACT MILESTONES FFY08 State Homeland Security Program MILESTONE TASK September 1, 2008 Start of contract performance period. September 30, 2008 Submit NIMS compliance report. February 2009 Contract Execution. July 15, 2009 Submission of Bi-annual Strategy Implementation Report (BSIR) & Progress Report. September 30, 2009 Submit NIMS compliance report. January 15, 2010 Submission of Bi-annual Strategy Implementation Report (BSIR) & Progress Report. February 28, 2010 End of grant performance period. i No later than April 15, 2010 Submit all final reports, requests for reimbursement and/or deliverables. i I I l I , i FEMA-HSGP-FFY 08 Page 16 of 17 King County Page 36 of 37 EXHIBIT D: STATE CONTRACT Exhibit C BUDGET SHEET IFFY 2008 State Homeland Security Program PLANNING Sub-Category Funding Source: 783SU Salaries & Benefits $ - Consultants/Sub-Contracting $ - Goods & Services $ - Travel & Per Diem $ - Pass Thru $ 2,846 Other-Indirect $ - Total $ 2,846 TRAI NI NG Sub-Category Funding Source: 783ST Salaries & Benefits $ - Overtime $ - Consultants/Sub-Contracting $ - Goods & Services Travel & Per Diem $ - Pass Thru $ 20,000 Other $ - Total $ 201 000 i EXERCISE Sub-Category Funding Source: 783SQ Salaries & Benefits $ - Overtime $ - Consultants/Sub-Contracting $ - Goods & Services $ - Travel & Per Diem $ - Pass Thru $ - Other $ - Total $ - MANAGEMENT& ADMINISTRATION Sub-Category Funding Source: 783SA Salaries & Benefits Consultants/Sub-Contracting $ - Goods & Services $ - Travel & Per Diem $ - Pass Thru $ - Other $ - Total $ - EQUIPMENT Sub-Category $ - Funding Source: 783SS Pass Thru Total Budget $ 22,846 1. Cumulative changes to budget categories in excess of 10%of the contract award will not be reimbursed without an executed contract amendment. 2. Federal funds maybe used to suppliment existing funds,and will not replace(supplant)funds that have been appropriated for the same purpose. 3. The Contractorwill notbe reimbursed for Management and Administrative costs thatexceed the budgeted amount. FEMA-HSGP-FFY 08 Page 17 of 17 King County Page 37 of 37 Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 6K I 1. SUBJECT: SEATTLE POLICE DEPARTMENT INTERAGENCY AGREEMENT AMENDMENT PROVIDING ADDITIONAL GRANT FUNDS - AUTHORIZE AND ACCEPT i 2. SUMMARY STATEMENT: Authorize the police department to sign an amendment to the Seattle Police Department Interagency Agreement to accept additional funds in an amount not to exceed $5,000, amend the budget, and authorize expenditure of the additional funds.. Reimbursement funds will be used to assist in the investigation and prosecution of gang related crime through a multi-jurisdictional Special Gang Enforcement Taskforce. Kent Police Department officers will work with the task force to implement a coordinated approach to reducing crime and related activities perpetrated by identified criminal gangs in hot spot emphasis areas. i i 3. EXHIBITS: Interagency Agreement with Seattle Police Department 4. RECOMMENDED BY: Public Safety Committee 1/12/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X ' Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i i POLICE DEPARTMENT Steve Strachan, Chief of Police KENT Phone: 253-856-5888 WASHINGTON Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: January 12, 2010 TO: Public Safety Committee SUBJECT: Seattle Police Department Interagency Agreement - AUTHORIZE MOTION: I move to recommend that Council authorize the Kent Police Department to sign the Seattle Police Department Interagency Agreement Amendment and to accept additional grant funds in an amount not to exceed $5,000. SUMMARY: Amendment No. 1 of the Seattle Police Department Interagency Agreement provides funding on a reimbursement basis to be used to assist in the investigation and prosecution of gang related crime through a multi-jurisdictional Special Gang Enforcement Taskforce. Kent Police Department officers will work with the task force to implement a coordinated approach to reducing crime and related activities perpetrated by identified criminal gangs in hot spot emphasis areas. The attached Agreement makes the following changes: Amend the Agreement number by changing "2009 IA-CTED1" to read "2009 IA-CTED 6". Amend Article VI Reimbursement, by changing the 3rd paragraph to read: The maximum amount to be paid for services is revised to "shall not exceed Fifteen thousand ($15,000) dollars, of which $10,000 is for Amendment 1. This amount may be renewed when exhausted at the discretion of the SPD Gang Lieutenant" The change to the Kent Police Department results in an increase of $5,.000 of reimbursable police officer overtime expenses. EXHIBITS: Interagency Agreement - Amendment 1, 2009 IA-CTED 6 BUDGET IMPACT: None. BACKGROUND: Public Safety Committee SPD Gang Enf Task Force Amendment January 12, 2010 I Interagency Agreement — Amendment 1 2009 IA-CTED 6 (formerly #1) Executed By The Seattle Police Department(SPD), a department of the City of Seattle hereinafter referred to as "SPD"; Department Authorized Representative: Lt. Carmen Best 610 St"Ave. P.O. Box 34986 Seattle, WA. 98124-4986 and The Kent Police Department, an agency of the City of Kent, hereinafter referred to as "IKPD"; Agency Authorized Representative: Lt. Ken Thomas 232 Fourth Ave. S. Kent, WA. 98032 i I IN WITNESS WHEREOF, the parties have executed this Agreement Amendment by having their representatives affix their signatures below. KENT POLICE DEPARTMENT SEATTLE POLICE DEPARTMENT BG By: y• (Signature) John Diaz, Interim Chief of Police Steve Strachan Chief of Police Date: (Type or Print Name and Title) Authorized by: Grant Program: Edward Byrne Memorial Justice Assistance Grant(JAG)Program, via State of Washington Community, Trade&Economic Development(CTED) and the Washington Association of Sheriff's and Police Chiefs (WASPC) Interagency Agreement,Amendment 1 Page 2 of 2 r NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: Amend the Agreement number by changing "2009 IA-CTEDV to read"2009 IA-CTED 6". Amend ARTICLE VI REIMBURSEMENT, by changing the P paragraph to read: i "Requests for reimbursements related to overtime expenses shall be submitted using the A-19 Form (Attachment 2), and shall be forwarded to SPD within the first week of the month that follows the month for which reimbursement is requested. Such requests should be forwarded by IUD's Special Investigations Unit Lieutenant, or as appropriate,to SPD's Gang Lieutenant Lt. Carmen Best, Seattle Police Department, P.O. Box 34986, Seattle, WA 98124-4986 for her review, approval and submission to the Department's Fiscal Section for payment processing. The maximum amount to be paid under this section of the agreement shall not exceed Fifteen thousand($15,000.00)Dollars, of which$10,000 is for Amendment 1. This amount may be renewed when exhausted at the discretion of the SPD Gang Lieutenant." All other terms and conditions of the Interagency Agreement dated October 7, 2009 shall remain in full i force and effect. I i I S I I i i I 1 i Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 6L 1. SUBJECT: LAND USE & PLANNING BOARD REAPPOINTMENT - CONFIRM 2. SUMMARY STATEMENT: Confirm the Mayor's reappointment of Jon Johnson to the Land Use and Planning Board. Mr. 'Johnson's new term will expire on December 31, 2012. i I I i 3. EXHIBITS: Memorandum dated 1/12/10 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: I I Councilmember moves, Councilm'ember seconds i ! i DISCUSSION: ACTION: i i i i i OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone:253-856-6700 Fax: 253-856-6700 00 Address: 220 Fourth Avenue S, K E N T Kent,WA 98032-5895 WASH 1 N O T O N TO: Jamie Perry, Council President City Council Members FROM: Suzette Cooke, Mayor DATE: January 12, 2010 RE: Appointment to Land Use and Planning Board I am requesting your approval of my reappointment of Jon Johnson to the Kent Land Use and Planning Board, Jon Johnson has served his community over a long span of time. Jon served as a City Council Member from 1978-1997 and following his service on the Council, he was then appointed to the LUPB on December 9, 1997, where he has continued his service since. Mr. Johnson is very familiar with Kent issues and long-term planning. Jon brings a wealth of experience to the Board and continues to be a valuable asset. Following my interview, I am pleased to recommend Jon Johnson for reappointment to the Land Use and Planning Board to a three-year term expiring 12/31/12. 1 submit this for your confirmation. Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 6M i 1. SUBJECT: JAIL SERVICES AGREEMENT AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Mayor to sign the Jail Services Agreement with the City of Enumclaw, on the condition that the City of Kent will exercise its rights under the Agreement only for emergency flood purposes. In the event of a flood or threat of flood which requires the evacuation of the Kent Jail, the Agreement provides that those inmates who are ineligible for general release to the public would be transported to the City of Enumclaw Corrections Facility. Also, during the emergency evacuation period, any suspects arrested by the City of Kent will be transported to the City of Enumclaw for the purpose of booking and housing until their court appearances, The number of inmates transported to the City of Enumclaw is expected to be less than ten percent (10%) of the City's total inmate population. The majority of the Kent inmate population would be released from the facility based on an administrative order from the Kent Municipal;Court. Under!the Agreement, the City of Kent agrees to pay the City of Enumclaw the sum of fifty-five dollars ($55.00) per inmate per 24-hour period calculated from the initial booking time. The City of Kent also agrees to pay the City of Enumclaw for any medical expenses that it has to pay on behalf of a Kent inmate. The agreement has been approved as to form by the Law Department. 3. EXHIBITS:! Jail Services Agreement 4. RECOMMENDED BY: Public Safety Committee 1/12/10 (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: i Councilmember moves, Councilm'ember seconds DISCUSSION: ACTION: i POLICE DEPARTMENT Steve Strachan, Chief of Police KENO T Phone: 253-856-5888 Fax: 253-856-6802 wa=„ NGroN Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: January 12, 2010 TO: Public Safety Committee SUBJECT: Jail Services Agreement MOTION: Move to recommend authorizing the Mayor to sign the Jail Services Agreement on the condition that the Agreement will be exercised under emergency flood purposes only. SUMMARY: The City of Kent Correctional Facility (CKCF) requests authorization of the Agreement with the City of Enumclaw Corrections Facility. The Agreement would only be exercised in the event of a flood or threat of flood wherein the facility would need to be evacuated. Certain inmates of the CKCF who would be determined to be ineligible for release from CKCF for general release to the public would be transported to the City of Enumclaw Corrections Facility, booked and housed there. Also, during the emergency evacuation period, any arrests made by the City of Kent will be transported to the City of Enumclaw for the purpose of booking and housing until their court appearance. The number of CKCF inmates transported to the City of Enumclaw is expected to be less than ten percent (10%) of the total CKCF inmate population. The majority of the CKCF inmate population would be released from the facility based on an administrative order from Kent Municipal Court. The City of Kent agrees to pay the City of Enumclaw the sum of fifty-five dollars ($SS.00) per prisoner per 24 hour period calculated from the initial booking time, (or any portion of a 24 hour period). The City of Kent also agrees to pay the City of Enumclaw for any medical expenses that it has to pay on behalf of an inmate of the City of Kent. EXHIBITS: Jail Services Agreement (approved to form by Law Department) BUDGET IMPACT: Public Safety Committee Jail Services Agreement, Enumclaw January 12, 2010 1 JAIL SERVICES AGREEMENT 2 3 THIS AGREEMENT made and entered into between the City of 4 Enumclaw, a municipal corporation of the State of Washington 5 located at 1705 Wells, Enumclaw, Washington 98022 and the City of 6 Kent, a municipal corporation of the State of Washington and 7 pursuant to the City and County Jails Act (RCW 70 . 48, as amended) . 8 9 In accordance with the interlocal Cooperation Act (Chapter 10 39 . 34 RCW) and in consideration of the conditions herein, the 11 parties agree as follows: 12 1 . PURPOSE 13 The purpose of this agreement is to provide for 14 confinement of the prisoners of the City of Kent in the City 15 of Enumclaw Corrections Facility. 16 2 . DEFINITIONS 17 Unless a context clearly shows another usage is 18 intended, the following terms shall have these meanings in 19 the agreement: 20 (1) City of Kent means a prisoner housed in the Enumclaw 21 Corrections Facility when a City of Kent charge is the Jail Services Agreement Page 1 January 6, 2010 t 1 principal basis for confining that person (e .g. , the 2 person is confined by reason of a City of Kent ordinance 3 violation - pretrial or post trial) . It includes, but is ! 4 not limited to, (a) a prisoner arrested by and booked by I 5 the City of Kent by reason of an "open charge" or 6 investigation of a felony; and a prisoner detained after 7 a City of Kent "hold" has been released; (b) it includes i 8 an individual arrested by City of Kent and booked and ! 9 housed in the Enumclaw Corrections Facility. 10 (2) "Corrections Facility" means a place primarily designed, 11 staffed, and used for the housing of adults charged with ! ! 12 criminal offense; for the punishment and correction of 13 offenders after conviction of criminal offense; or for 14 confinement during a criminal investigation or for civil 15 detention to enforce a court order. Upon the date of the 16 execution of this agreement, the term "jail" includes i 17 the City of Enumclaw Corrections Facility operated by 18 the City of Enumclaw pursuant to this agreement. r 19 (3) "Medical Expenses" means any and all costs and fees i 20 associated with any form of medical, dental, mental 21 health or like treatment including but not limited to Jail Services Agreement Page 2 January 6, 2010 ! 1 doctors fees, hospitalization costs, any fees of any 2 medical practitioner, x-rays, MRIs, cat scans, dental 3 and vision expenses . 4 3 . JAIL AND HEALTH SERVICES 5 The City of Enumclaw shall accept for confinement in the 6 Enumclaw Corrections Facility those persons who are the City 7 of Kent prisoners as defined in Article 2 and shall furnish 8 the City of Kent with the corrections facility, booking and 9 custodial services and personnel for confinement of City of i 10 Kent' s inmates at least equal to those the City of Enumclaw 11 provides for confinement of its own inmates . The services 12 provided herein shall include basic medical inspection. All 13 medical expenses shall be paid by the City of Kent holding 14 the City of Enumclaw harmless therefrom and indemnifying the 15 City of Enumclaw for any medical expenses that it has to pay 16 on behalf of an inmate of the City of Kent. The services 17 included herein shall include the standard police use 18 photograph for each person booked and held by the City of 19 Enumclaw for the City of Kent . 20 21 4 . COMPENSATED Jail Services Agreement Page 3 January 6, 2010 ti 1 The City of Enumclaw hereby authorizes the use of the 2 Enumclaw Corrections Facility, by the City of Kent, for 3 confinement of persons booked and held by the City of Kent, 4 subject to available space and facilities as may be I 5 determined by the City of Enumclaw Chief of Police or his/her 6 duly authorized representative. 7 The City of Kent agrees to pay the City of Enumclaw the 8 sum of FIFTY FIVE DOLLARS ($55 . 00) per prisoner per 24 hour 9 period calculated from the initial booking time, (or any 10 portion of a 24 hour period) . Such payment shall be made 11 promptly to the City of Enumclaw within 20 days after the 12 monthly statement is submitted by the City of Enumclaw to the 13 City of Kent. 14 Each party may examine the others books and records to 15 verify charges . If an examination reveals an improper charge, j 16 the amount shall be applied to the next month' s statement. 17 5 . TERM 18 This agreement shall take effect 1/1/2010 and shall 19 extend through 12/31/2010, and shall automatically renew from 20 year to year unless otherwise modified or terminated as 21 provided herein. This agreement may be terminated by either i I Jail Services Agreement Page 4 January 6, 2010 I , i I party upon 90 days written notice from the party desiring 2 termination. This agreement may be modified or canceled in 3 writing PROVIDED THAT notice of the proposed modification or 4 cancellation is provided at least 90 days prior to the date 5 on which such modification or cancellation would become 6 effective . 7 6 . INDEMNIFICATION/INSURANCE 8 (A) The City of Kent shall defend, indemnify and hold 9 harmless the City of Enumclaw and its officers, agents, ! 10 and employees, or any of them from any and all claims, 11 actions, suits, liability, loss, cost, expenses and 12 damages of any nature whatsoever, by reason of or 13 arising out of any action or omission of the City of 14 Kent, its officers, agents, and employees, or any of 15 them in arresting, detaining, charging or transporting 16 third persons . 17 In the event that any suit based upon such a claim, loss 18 or damage is brought against the City of Enumclaw, the 19 City of Kent shall defend the same at its sole cost and 20 expense; provided that the City of Enumclaw retains the 21 right to participate in said suit if any principal of Jail Services Agreement 1 Page 5 January 6, 2010 I i 1 governmental or public law is involved; and if final 2 judgement is rendered against the City of Enumclaw, and 3 its officers, agents, and employees or any of them, or 4 jointly against the City of Enumclaw and the City of I 5 Kent and their respective officers, agents, employees, 6 or any of them, the City of Kent shall satisfy the same. i 7 (B) The City of Enumclaw shall defend, indemnify and 8 hold harmless the City of Kent and its officers, agents, j 9 and employees, or any of them from any and all claims, 10 actions, suits, liability, loss, cost, expenses, and i 11 damages of any nature whatsoever, by reason of or 12 arising out of any action or omission of the City of i 13 Enumclaw, its officers, agents, and employees, or any of I 14 them in confining persons who have been presented to and 15 accepted by the Enumclaw Corrections Facility by the 16 City of Kent, its officers, agents, and employees while 17 said persons are in the Enumclaw Corrections Facility or 18 in the custody of the City of Enumclaw outside the 19 Enumclaw Corrections Facility. In the event that any 20 suit based upon such claim, action, loss or damage is 21 brought against the City of Kent, the City of Enumclaw i i Jail Services Agreement Page 6 January 6, 2010 i i 1 shall defend the same at its sole cost and expense I 2 provided that the City of Kent retains the right to 3 participate in said suit if any principle governmental 4 or public law is involved, and if final judgement be i 5 rendered against the City of Kent and its officers, 6 agents, and employees, or any of them, or jointly 7 against the City of Kent and the City of Enumclaw and t 8 their respective officers, agents, and employees, or any 9 of them, the City of Enumclaw shall satisfy same. ( 10 (C) A prisoner shall become the responsibility of the 1 11 Enumclaw Corrections Facility at the point that the 12 prisoner is booked into the City of Enumclaw Facility or i 13 where the prisoner has been released to the care, 14 custody and control of the City of Enumclaw. Liability 1 15 shall transfer to the City of Enumclaw at this point. 16 The arresting agency shall be held harmless by the City 17 of Enumclaw under the terms of this section for all f 18 claims arising out of the detention of the prisoner t 19 except for medical expenses . Accordingly, the City of I 20 Enumclaw (Corrections Facility) shall be held harmless 21 by the City of Kent under the terms of this agreement, i Jail Services Agreement Page 7 January 6, 2010 i 1 for claims arising out of the arrest of the prisoner, or 2 arising out of any situation occurring prior to the 3 point where the City of Enumclaw assumes responsibility 4 for the prisoner. 5 (D) Each city agrees to provide the other with evidence 6 of insurance coverage. Each City shall obtain coverage 7 in minimum liability limits of ONE MILLION AND 00/100 8 DOLLARS ($11000, 000 . ) for its liability exposures, 9 including comprehensive general liability, errors and 10 omissions, auto liability and police professional 11 liability. 12 7 . NON-DISCRIMINATION/EQUALITY OF EMPLOYMENT 13 OPPORTUNITY. 14 The City of Enumclaw will provide equal employment 15 opportunity in administering this Agreement, in implementing 16 this Agreement, and in administering the Enumclaw Corrections 17 Facility, and will prohibit discriminatory treatment. 18 8 . REMEDIES 19 No waiver of any right under this agreement shall be 20 effective unless made in writing by the authorized 21 representative of the party to be bound thereby. Failure to Jail Services Agreement Page 8 ' January 6, 2010 I insist upon full performance on any one or several occasions 2 does not constitute consent to or waiver of any later non- 3 performance, nor does payment of a billing or continued 4 performance after notice of a deficiency in performance 5 constitute an acquiescence thereto. 6 Jail Services Agreement Page 9 January 6, 2010 I 1 9 . ENTIRE AGREEMENT 2 This Agreement represents the entire understanding of 3 the parties . It supersedes any oral representations that are 4 inconsistent with or modify its terms and conditions . II 5 IN WITNESS WHEREOF, the parties have caused this 6 Agreement to be executed on the day written below. i 7 CITY OF KENT CITY OF ENUMCLAW 8 i 9 BY: BY: 10 1 11 TITLE: TITLE : 1 12 DATE: DATE: 13 I a 14 ATTEST: ATTEST: 15 16 City Clerk City Clerk 17 APPROVED AS TO FORM: APPROVED AS TO FORM: 18 i.. 19 20 City Attorney City Attorney Jail Services Agreement Page 10 January 6, 2010 1 i i i Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 6N 1. SUBJECT: TUDOR SQUARE NEIGHBORHOOD COUNCIL FORMATION RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. recognizing Tudor Square as a Neighborhood Council. Residents of this neighborhood have completed the process to establish a Neighborhood Council which provides an avenue for residents to work together to enhance the livability of their neighborhood. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Economic and Community Development Committee (Committee, Staff, Examiner, Commission, 'etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes; No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds t i DISCUSSION: ACTION: RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, recognizing the Tudor Square Neighborhood Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Tudor Square neighborhood, which is bounded to the north by SE 267t" Place, to the east by 114t" Avenue SE, to the south by SE 270t" Street and SE 270t" Court, and to the west by 110th Avenue SE, consists of 162 housing units. On January 4, 2010, the Tudor Square neighborhood completed and turned in an official registration form 1 Tudor Square - Recognize Neighborhood Council { i requesting that the City recognize the Tudor Square Neighborhood Council, allowing it to take advantage of all the opportunities offered by the City's Neighborhood Program, including the City's grant matching program. 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: i RESOLUTION i SECTION 1. - Recognition of Neighborhood Council. The City Council for the City of Kent hereby acknowledges the effort and i commitment of the Tudor Square neighborhood and all those who participated in forming the Tudor Square Neighborhood Council. The Kent City Council hereby recognizes Tudor Square as an official Neighborhood Council of the City of Kent, supports Tudor Square's community building efforts, and confers on the Tudor Square Neighborhood Council all opportunities offered by the City's Neighborhood Program. SECTION 2. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 1 SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. - Corrections by City Clerk or Code Reviser. Upon i approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, 2 Tudor Square - Recognize Neighborhood Council codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 5. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of January, 2010. CONCURRED in by the Mayor of the City of Kent this day of January, 2010. SUZETTE COOKE, MAYOR ATTEST: i BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of January, 2010. BRENDA JACOBER, CITY CLERK P:\Clvll\Resolution\NeighborhoodCouncil-TudorSqua re.docx j I 3 Tudor Square - Recognize Neighborhood Council i This page intentionally left blank. I i i �I 1 l 1 I I I i 1 i i I I i I i I EXHIBIT A 1 i cc SE 26S NL I t� u j�jt i t I \��Property Llnes!Shown Are'Approximate J, A P�ORTIO�N`c,Q/Fs�THEtS.El i 11,4 OF SEC,29"ET,WP.22 N.,.RGE;5 aI J �� t --1 -- I - SE 265$ NORTH �/ �ti ` �{ I ICI � pr F �� SE 2G4 PL Feet t / - -I-- --— _ Lam, 0 50100 00 300 400 �� 0 n Lc / r F L.(��� se-sssT � { 0 r - IQ o 5 - Q 8700107777 -- sII T 870010TRCT j 2922059081 _ sE2sasr F- I GILL NAVDEEP S D 2922059348 MENTALHEALTH HOUSING 1 t 1 5E269ST �,i { s° CAN �SE269S7 j _ m L7 $E 270ST Q '... SE270STcl -- o 'yI\ ' SE270.S7 t 1 T 3 `� 4 \� N, SE 271 s1LU o w w - SE 27l ST -L.� c 272 SE 272 AL - ( A41— !73 T �-- _ � � ...-_ 10L !, 'WIP Tudor Square Divisions 1, 2 & AV E 114 AV I Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 60 1. SUBJECT: KING COUNTY METRO AGREEMENT FOR TRANSIT SERVICES AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment No. 1 to the Transit Now Direct Financial Partnership Agreement for King County Metro Route 153, subject to terms and conditions acceptable to the City Attorney and the Public Works iDirector. This Amendment is effective with the February 2010 service change through the summer service change 2013. Route 153 mid-day service will be reduced from 24 trips to 12 trips for hourly service. King County Metro will cover two-thirds of the cost of these trips, and the City of Kent will cover one-third of the cost. The City of Renton will continue to be 'responsible for marketing and promoting the route. t 3. EXHIBITS Public Works Memo dated 1/4/10 and Contract Amendment No. 1 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y' Revenue? Currently in; the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT 05, Tim LaPorte, Public Works Director KENT Phone.Fax 253-856-6500 WRSHII.GTON Address, 220 Fourth Avenue S Kent, WA 98032-5895 Date: January 4, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: January 4, 2010 From: Cathy Mooney, Senior Transportation Planner Through: Tim LaPorte, Public Works Director Subject: Transit Now Route 153, Amendment #1 to Partnership Agreement Motion: X Required ❑ Not Required ❑ For Information Only Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's X Amendment to existing Agreement Background/History: This Transit Now Partnership Route started service between Kent and Renton in September 2008. It added 30 minute service in the midday time period to an existing route which had previously been Peak Service only Because of the dismal economy in 2009, Renton has had to drastically cut its General Fund expenses and has defaulted on both of its Transit Now Agreements with King County. The City of Kent was not willing to assume the City of Renton's financial responsibility so this Agreement is being amended in both scope and compensation. 1) The midday service will run every 60 minutes instead of the 30 minute headways in the original Agreement. 2) The City of Kent will be responsible for one-third of the cost of these trips. In the original Agreement, one-third of the cost was split evenly between the Cities of Kent and Renton. However, in the original Agreement, the cost was much higher because the frequency of service was better and more hours of transit service were provided Summary: Amendment #1 to Attachment A of Direct Financial Partnership Scope of Work for King County Metro Route 153 This Amendment is effective with the February 2010 service change through the summer service change 2013 As described in the Amendment, Rt 153 midday service will be reduced from 24 trips to 12 trips for hourly service. King County Metro will cover two- thirds of the cost of these trips and the City of Kent will cover one-third of the cost. The City of Renton will continue to be responsible for marketing and promoting the route. Motion: Recommend that Council authorize the Mayor to sign Amendment No. 1 to Transit Now Direct Financial Partnership Agreement for King County Metro Route 153 upon concurrency of the language therein by the City Attorney and the Public Works Director. P lPubhclgdmenSuplBelhlPWCommrlleeL4caanPage dx CONTRACT AMENDMENT Project Name: TransitNow.Direct financial Partnership Agreement for King County Metro Route 153 Contractor: Cities of Renton &'Kent, Washington Contract No.: KC Ord. #_16041, Address: 1055 S. Grady Wy 220 4ih Ave S Amendment Date : 01-01-2010 Renton; WA 98057 Kent, WA 98032 Amendment No.: 1 AMENDMENT REQUESTED BY Service Development Section, AMENDMENT EFFECTS KC Metro Transit x Change of Scope ❑ Method of Payment Organization ❑ Time of Performance Matt Hansen ' x Compensation Name x Terms and Conditions x Results of Services Supervisor, Market Development Group ❑ Other Title Amend Attachment A of this agreement effective with February 2010 service change through summer service change 2013. As described in the amended Attachment A, Route 153 midday service will be reduced from 24 trips to 12 trips for hourly service, as agreed by KCM and partners. Per Transit Now Service Partnership policy, King County Metro will cover two-thirds of the cost of these trips. The City of Kent will be invoiced for one-third of the cost of these trips. The City of Renton will discontinue its financial contribution but will continue the partnership as described in Attachment A. TNSP Rt 153 Contract Amendment for Feb 2010.doc, 1219109 Page 1 of 2 CONTRACT AMENDMENT, cont'd Transit Now Direct Financial Partnership Agreement for King County Metro Route 153 i IN WITNESS HEREOF, THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND INSTITUTED ON THE DATE FIRST ABOVE WRITTEN. 1 King County, Washington Service Partner By Kevin Desmond By Denis'Law I Title General Manager; Title Mayor, City of Renton King County Metro Transit 1 Date Date Service Partner i i By Suzette Cooke Title Mayor, City of Kent Date I I' I I TNSP Rt 153 Contract Amendment for Feb 2010.doc, 1219109 Page 2 of 2 ATTACHMENT A Direct Financial Partnership Scope of Work City of Kent City of Renton A. Monetary Contributions I 1. Monetary Contributions to be Made by Service Partners The City of Kent agrees to contribute one-thud of the fully allocated cost for additional service on Route 153 as defined in the Service Description in Section C of this Attachment A. The actual annual cost the Service Partners agree to pay on an annual I ' basis shall be determined in accordance with Section 5.2 of this Agreement. The proportion of the fully allocated annual cost that each Service Partner agrees to pay is specified in Section D of this Agreement. 2. Monetary Contributions to be Made by County The County agrees to operate the service as defined in Service Description, in Section C of this Attachment A and Section 2.1 of this Agreement. B. Transit Service Enhancements l. Service Partners agree to implement additional actions that are likely to increase ridership on the new services, including all those listed below or similar activities,if authorized in advance by the King County Metro Transit General Manager. Such additional actions shall be implemented no later than two (2)years from the effective date of this Agreement. At least six months prior to the start of the new services, Service Partners I will contact King County Metro's Market Development group to refine the details of these actions to help assure effective and timely implementation. Service Partners remain responsible for the cost and implementation of the following actions or similar activities as agreed with Market Development staff, i City of Kent a. Promotion • Promote the new service to businesses through the Chamber of Commerce. • Promote the new service through articles in the IN BOX utility bill insert,the Kent Reporter, and the monthly CTR newsletter. • Advertise the new service on the City's Web site and TV stations,Kent TV21. • Continue to encourage greater use of enhanced transit service,through encouraging use of programs such as F1exPass. b. Facility Improvements • Continue with project to construct street and signal improvements to increase efficiency of transit service in the Central Avenue/East Valley Highway corridor. AMENDED DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN ICING COUNTY AND THE CITY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 7 of 10 i City of Renton a. Promotion • Promote new service using media outlets including TV, Web site, and print(local j newspapers,utility bill inserts). • Outreach to 3 tiers of users: employers (CTR and non-CTR sites),business leagues(e.g. Chamber of Commerce,Downtown Association,Renton Connection), and community service groups/neighborhood associations (e.g. Kiwanis). • Promote services through the City's pilot program for transit center security and Downtown Visitor's Assistance program. 2. The County agrees to undertake the following supporting actions: i a. Additional promotion of service • Designate new trips funded by partnership in the bus timetables for the affected routes. • Work with Service Partners to promote transit use on the affected routes. C. Service Description County and Service Partners agree to share in the cost and responsibilities of adding midday service on Route 153, operating 60-minute headways between approximately 9 a.m. and 3 p.m. The service will operate with a 30-foot diesel coach.The intent of the service enhancements on Route 153 is to provide midday service along Lind Avenue Southwest and East Valley Road and connect employers, retail, and residential development in the corridor. The service implemented will be generally consistent in scope and service levels and may vary from this description should I County and Service Partners mutually agree to implement alternative service of similar scope following any required public outreach and any necessary King County Council authorization. 1. Start Date for Service Service described above shall commence with Metro service change of February 2010. D. Service Cost Estimate The estunated cost is a planning-level estimate based on the hours and miles identified on the spreadsheet attached hereto as Exhibit 1 entitled"Preliminary Cost Estimate,"which is incorporated into and made a part of this Agreement by this reference. The actual hours and miles needed to operate the service are determined by the County during the scheduling of the service prior to implementation.The actual fully allocated cost may be higher or lower than the estimate provided in Exhibit 1. I Total estimated annual hours: 1,607 Total estimated annual miles: 25,107 i I AMENDED DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 8 of 10 Estimated fully allocated annual cost(County's+Set-vice Partners' cost): $198,143 (based on 2010 fully allocated annual cost) City of Kent's estimated annual share of fully allocated annual cost: Thirty three and one-third percent($66,048 based on 2010 fully allocated annual cost) E. Benchmarks for Evaluating Route Performance Metro has a consistent, formal route-performance evaluation process to identify individual routes that may require modification, expansion or termination.Routes are grouped by subarea and time period for similarity in operating conditions. Each partnership route will be compared by time period to other routes in its subarea to ascertain perfonnance level. Data for a particular year is typically available by the middle of the following year. The comparison will be made at the time j the data is available. The 2006 benchmarks for the service additions applicable to this Agreement are as follows: I j South Subarea—Off-peals(midday) Rides per revenue hour: Average—37.6 Fare revenue/operating expense: Average— 17% Passenger miles/revenue hour: Average—227 Passenger miles/platform miles: Average— 11.45 I Initial performance review for this service will use benchmarks determined using 2008 data. AMENDED DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON AND THE CITY OF KENT ROUTE 153 Page 9 of 10 I i co M W) M = 0' 'IT NT O O = a0 W N t0 Gf C c O C p'' N N C d O N, N N C � C p Efl lfl O O O N p W,-E; N LO N O O .� N C U p d O CD to tf) O v- N rr V -C) NI, 10 U O _ t -�' o o ll 4.-Un? 0 N i C Q 0 U N . U cUA ' W � oQz aa) P, ¢ se o U �-' 66 a6 is w t I I p v� o a ¢ Cza W 0) 0) y ¢ ¢ H O 0 o U U V L C (n c7 i M ui u- CaW W o co M P. L `'O LO L j i p. Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - 6P 1. SUBJECT: AIR LIQUIDS REVISION' 389 BILL OF SALE - ACCEPT r II 2. SUMMARY STATEMENT: Accept the Bill of Sale for Air Liquide Revision, which includes 389 Iinear feet of new street, 1 storm sewer manhole, 7 catch basins, and 421 linear feet of storm sewer line. i 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, 'etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: i Councilmember moues, Councilmember seconds i DISCUSSION: ACTION: i MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT 40 ATTN: jA y-w g y yeti, 0 0- 77 1 j, 220-- 4"AVENUE SOUTH I WASH 114 a T O H KENT,WASHINGTON 98032 Project., !,14VID6 koyyr9-�ft o5, LT ZH Permit#: %C(,-Zai � °t � q 1-},,!i I N lh eE INC, D P! Location: r�17� � LZL.��! JT~. t�tiiY� W 4 Parcel #: -7751 VQDD S'D SILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this day of Sjoy@mher 20 09 , by and between Air Liquide Industrial U.S. LP , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. M ATERMAINS•'Togethe with atotal of±4/_8 gate valves at$ A each, hydrants at $ N each and/or any other appurtenances thereto. IN FROM TO (street, easement, etc.) l� NIA- — Including _N�� linear feet at $ iy 14 per LF of N LA (size&type) N waterline. B. SANITARY_SEWERS: Together with a total of J—f-A=�manholes at$, } each and/or any other appurtenances thereto. FROM TO (street,ea ement, etc.) 1 I11M - / Including linear feet at$ per LF of N114 (size&type) sewerline. Hill of Sale iof5 C. NEW STREETS:: ' Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) S MZWO Srke-r 9ROPM" FIUNTL4Ge' P9fir[Z7 F>?vIV7k)6a0 ' Including 399 linear feet at$ 1(•61D _per LF of T141e&Cn/V U416C (size &type) (improvement). ' D. FRONTAGE IMPROVEMENTS: Together with lights,trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO ' (street, easement,etc.) N Jw N�s9 Including N14 linear feet at LAI per LF of / (size&type) IV ! (improvement). E. STORM SEWER : ' Together with a total of _�_ manholes at $ 0 Oo each or total of 7�catch basins at $ 1F&.W, ()D each, O LF of blefiltratlon Swale or drainage ditch with a total cost of $ G•O D , O cubic feet of detention pond storage with a total cost of$ t7. ob . and/or any other appurtenances thereto. ' ON FROM TO (street, easement, etc.) ' S 22?sib .ST �IzaP6fLTY �QONT E YRDPEl2Ty F�vWn46C'- Including Z) linear feet at$ 1-7.00 per LF of j 0-AIC H -STORM PIPE (size&type) sewerline. To have and to hold the same to the said Grantee, Its successors and assigns forever. ' The undersigned hereby covenants that It Is the lawful owner of said property; and that the same Is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that It will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale Is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities In its utility system and to maintain them as provided In the applicable City Ordinances, The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale ' 2of5 r . . ' IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of November 1120 09 1 Air Li"idEj Idustrial U.S. LP KVVA Mark , Tesident IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this ' day of , 20 1 STATE OF]8ttl5iil NGTON ) SS COUNTY OFiE�NGffW(S�) On this / day of _ , 2 �x , 20 , before me, the undersigned /Aj�Notary Public In and for the State o YY;duly commissioned and sworn, personally appeared ///Hi�� Y G,Q'3 7W to me known to be the individual described In and ' who executed the foregoing Instrument, and acknowledged to me that he/she signed and sealed this Instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. // GIVEN under my hand and official seal this / � day of rN/�Gc , 7-0 olil EarV Public In and f the State of /� ' My Commission Expires: 1 ' Bill of Sale 3 of 5 1 R u STATE OF WASHINGTON } ) as I COUNTY OF KING ) On this day of , 20 before me, the I undersigned A Notary public In and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the and respectively of the that executed the foregoing Instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that i they are authorized to execute the said Instrument. I, Witness my hand and official seal hereto affix the day and year first above written. f Notary Public in and for the State of Washington, residing at My Commission Expires: I The Bill of Sale Is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 . I I I f Bill of Sale 4of5 i i IA1,4�H I H�T C1 N 40 "o KENT I ENGINEERS CERTIFICATION CITY 01= DENT KING .COUNTYr WASHINGTON The figures used on the Bill of-Sale for htR- Li4vw%5� 1�IbUSY�.v�-r y5, �F pra3ect dated at, °1, 2 ®`� - , for the same said A1IV_ ct4Vky(5 1 nl{Ot �t9c �S, L t> project. 6-u ?-VT*_owskA the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of 7)39 ISLV15LIKIC QV-OJ. , the firm responsible for the preparation of the record drawings. I G I _,: . .... .__..._.._. ,A a , Signatures ("Engineer stamps required) � c;tSfrnC43708 I Bill of Sale 5 of 5 i I Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - '60 1. SUBJECT: ORME PLAT (A/K/A AVALON COURT) BILL OF SALE ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Orme Plat, a/k/a Avalon Court, for 1024 linear feet of new street; 1770 linear feet of storm sewer line, 8 storm sewer manholes, 14 catch basins, 143 linear feet of drainage ditch, and 53,244 cubic feet of detention pond storage. The project is located at 25410 132nd Avenue SE. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: ' Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? 'N A Currently in the Budget? Yes No 6. CITY COUNCIL. ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i _i KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4TH AVENUE SOUTH ICENT,WASHINGTON 98032 PROJECT: Avalon Court(f.k.a.Orme Plat) LOCATION: 25410—132nd Avenue S.E. TAX ACCT NO: 222205-9058&-9098 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON i THIS INSTRUMENT made this day of 20 ,by and between Charter Homes Inc. , hereinafter called"Grantors",and City of Dent,a municipal corporation of King County,State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration, does hereby grant,bargain,sell to Grantee the following described improvements: A. WATERMAINS: together with a total of gate valves at$ each, hydrants at$ each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at$ per LF of (size& type) waterline. B. SANITARY SEWERS: Together with a total of manholes at $ each and/or any other appurtenances thereto. 1 of 4 Bill of Sale 12282.030.doe 1. r i I ON FROM TO (street,esmt,etc) Including linear feet at$ per LF of (size&type) sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances i thereto. ON FROM TO i Road A 132nd Ave.SE Cul-de-sac Including 691 centerline LF at$ 233.53 per LF of Residential (type)streets, 27.50 Feet asphalt roadway. ON FROM TO 132nd Ave.SE STA 53+07 STA 56+40 Including 333 centerline LF at$ 194.94 per LF of Minor Arterial (type)streets, 42 to 50 Feet asphalt roadway. D. STORM SEWERS: Together with a total of 6 Type 11-48"manholes at$ 2,984 each,2 Type H-54"manholes at$ 3,390,_ 14 Type I catch basins at$ 1,650 each, 143 LF of drainage ditch with a total cost of$2.00 , 53,244 CF of detention pond storage with a total cost of$ 61,900 ,and/or any other appurtenances thereto. ON FROM TO Road A 132nd Ave.SE Cul-de-sac Including 769 linear feet at$ 30.00 per LF of 12" (size&type) PVC sewer line. ON FROM TO 132"d Ave.SE STA 53+30 STA 56+02 Including 128 linear feet at$ 30.00 per LF of 12" (size&type) PVC sewer line. ON FROM TO Stormline"A" CB 10 Pond Including 207 linear feet at$ 42.00 per LF of 15" (size &type) PVC sewer line. ON FROM TO Stormline`B" Pond CB 1 i Including 191 linear feet at$ 30.00 per,LF of 12" (size&type) PVC sewer line. , ON FROM TO Stormline"C" CB 7A Existing Wetland Including 299 linear feet at$ 47.00 per LF of 18" (size&type) PVC sewer line. i 2 of 4 Bill of Sale 12282.030.doc i Including 176 linear feet at$ 47.00 per LF of 18" (size&type) D.I. sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN ITNESS WHEREOF,the undersigned has caused this instrument to be executed on I s 'r` day of IVt)yjj°w Y>g,a ,20 OSxi �a� A Ar am M'�Yh 1G. L u ,, � Imo-✓' i STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this 'L q4n day of A 6-e r ,20 0 '3" ,before me,the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn,Personally appeared 11,2o k-l< to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this �`� � day of N,, r\ -h 4-C 20 Notary Public in andfohlie State of Washington,residing at `. Nil. a W r.`t� dl'15y �1 r.urwCb a,2a.-f�'1� L.l P-- My Commission Expires: 'Z �A So,pk, e A The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County, Washington,on the day of ,20 3 of 4 Bill of Sale 12282.030.doc ADDENDUM TO BILL OF SALE CITY OF KENT f I The figures used on the Bill of Sale for Avalon Court(fk.a. Oime Plat) project dated October 22,2008 ,were based on the"As-Built" Engineering Plans dated October 15 2008 , for the same said Avalon Court project. Don E.Dawes the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc. ,the firm responsible for the preparation of the"As-Built" Engineering Drawings. � i t Signature f I i 1 4 of Bill o€Sale 12282.030.doo i i Kent CityCouncil Meeting g Date January 19, 2010 Cate or Consent Calendar - 6R 9 Y 1. SUBJECT: POWERS SHORT PLAT BILL OF SALE - ACCEPT i 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Powers Short Plat 476 linear feet of sanitary sewer line, 4 sanitary sewer manholes;_628 linear feet of new street; 3 storm sewer manholes, 12 catch basins, and 827 linear feet of storm sewer line. i I i 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director' j (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? 'N A Currently in the Budget? Yes No i 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i i DISCUSSION: ACTION: 'I I 16 20ON--o4o K E N T °yi l iiRiNc, 0ti T WA5H 1 NCSTON MAIL TO: ENGINEERING DEPARTMENT 220 4Tn AVENUE SOUTH TENT,WASH VGTON 98032 PROJECT: Powers Short Plat i LOCATION:_ et~wee , sF _12A_th & 125th PI .SE; South of SE 259th l TAX ACCT NO:_2B 22D 5-9 15 4 .__ BILL OF,SALE CITY OF KENT i THING COUNTY,WASI NGTON THIS INSTRIUMENT made this day of _ _ 20 , by and J)ctween T _ hereinafter called"Grantors",and City of Kent, a municipal corporation of Bring County,State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration, does hereby grant,bargain,sell to Grantee the following described improvements: A. _' ATp% together with a total of gate valves at$ _ each,` W hydrants at$. each and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc) Including linear feet at$. per LF of_ (size &type) waterline. B. ."sANITAIZY SEW+�5: Together with a total of^� 4 manholes at $ _,_2_,7 WO each and/or any other appurtenances thereto. i ON SE 259th P1 FROM SE 124th Ave. TO 125th P1 SE (street,esmt, etc) Including. 4 7! linear feet at$ 27. 50 ,per LF of_ 8—inch (size&type) PVC sewer line. j Together with,curbs, gutters,sidewalks,and/or any other appurtenances thereto, ON SE 259th P1 FRO 1V SE 124th Ave. TO 125th P1 SE (street, esmt, etc) j Including_6 28 ,centerline LF at$ 42. 70 _per LF of Re s J,(le nt i a 1 (type) streets, 2aFeet asphalt roadway. � D. STOR SE ,l:MS: Together with a total of_ 3 manholes at$a.-972. 50 each or a total of 12 _catch basins at$_7 0 0 each, „_—LF of biordtration swale or drainage ditch with a total cost of$ CF of detention pond storage with a total cost of$ and/or any I other appurtenances thereto. ON SE 259th P1 FROM SE 124th Ave. TO 125th P1 SE (street, esmt, etc) Including 827 linear feet 'at '.' 3Q.'Q0 _ perLFof 1 2—inch (size &type) PVC _ _ sewer litre' To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them 1 as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the un ersi ell has caused this instrument to be executed on this day of 20 6 fly I i 4 i 2 of 4 STATE OF WASMNGTON ) ) SS COUNTY OF KING ) j On this day of _,20 � before me,the undersigned A Notary Public i d for the tate of W shin ton dutycommissioned and g y -- .�___ g Gio sworn,Personally appeared 1/� l� C me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this . �day of_` _ 20 • OTT©"it r++ ��ON�EA;'' Notary Public in and for the �n State of Washington,residing at rn ,jl�1'9 r�����ti.�����"`•�``�[`� My V012ssxonExpires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and gassed by the City Council atthe City of Dent,King County, Washington,on the day of i—� --"2a._— 3of4 I - AllDiI�TDUI�If3 BILL Q `SALE CI I fz'OE BENT '-1.c•r a' i;. ..t^ ti .. he'•�g User on the BdY of Sale�'br'�` P�,.r�s�:•':�_�.,_..;.:: ': ''°..,:.- ' „ o�ect dated Luc were «` s lase l on tl o"As 1 Olt"Eng�ineerizig Plans dated ,:2 v�' ,for :tlxe:s`airiersaxd Gwc s .SH�'c�t r L :. ; , •. '.`�'. .. �? AT 7 project, � ueC-- the . wndeirsYgned:I?:E;ulr)arid sur eyo� is't>ie:persoia rospoUsx le.;r�or,tlie;:p ep�ar t o of.41 a Bill. ofale.arid=i`s ap ennloyee'o#. ���� Rur�t;ut�, c,�t ,the �rtn rospgnsible for the pre ara'i�a t of the"As-Bi ilt'S Bzt ii eerxng Dt avviUgs.. Srg�atur...'. • , r I 4 of q ` Bill of Sale i Kent City Council Meeting Date January 19, 2010 Category Consent Calendar - '6S 1. SUBJECT: KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY BALLOT PROPOSITION RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. , submitting to voters at a special election on April 27, ;2010, a proposition to create the Kent Fire Department Regional Fire Service'Authority, effective July 1, 2010. i In 2007, the City of Kent and King County Fire Protection District No. 37 formed a Stakeholder Committee to evaluate the feasibility of creating a new and separate Regional Fire Authority to provide fire protection and emergency services within the boundaries of the City and the District. The Stakeholder Committee members included representatives from the City, ;the District, the City of Covington, the union,, and the community. After nine-months of consideration, the Stakeholder Committee recommended the creation of the Kent Fire Department Regional Fire Service Authority ("Authority"), and formed a Planning Committee to accomplish that task. The Planning Committee created a Plan to govern and finance the Authority. This Plan was adopted by the District on November 16, 2009, and the City on December 8, 2009. Chapter 52.26 of the Revised Code of Washington requires that in order for the Authority to officially form, voters within the service boundaries of the Authority must approve the Plan. In addition, if the Authority is to assess a ,special benefit charge, the Plan must be approved by a'60%'majority vote. If approved by Council and the District, this resolution would place the Plan and formation of the Authority before voters at a special election to be held on April 27, 2010.! If voters approve of the formation of the Authority, the Authority will exist starting;July 1, 2010. 3. EXHIBITS: Resolution; Exhibit A to resolution (Regional Fire Authority Plan) 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y (election costs) Revenue? Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i I i 1 i FIRE ADMINISTRATION Jim Schneider • Fire Chief/Director of Emergency Management KENT 24611116`h Ave. SE WASHINGTON Kent, WA98030 Fax: 253-856-6300 PHONE: 253-856-4300 January 5, 2010 To: Operations Committee From: Jim Schneider, Fire Chief MOTION: Recommend Council adopt the proposed resolution submitting to voters at a special election on April 27, 2010, a proposition to create the Kent Fire Department Regional Fire Service Authority, effective July 1, 2010. i_ SUMMARY: i Since 1973, the City of Kent Fire Department ("the City") and King County Fire Protection District No. 37 ("the District") have had a cooperative partnership, which has provided that the City and the District would remain separate entities, but would work together cooperatively. In 2007, the City and the District formed a Stakeholder Committee to evaluate the feasibility of creating a new and separate Regional Fire j Authority to provide fire protection and emergency services within the boundaries of the City and the District. The Stakeholder Committee members included representatives from the City, the District, the City of Covington, the union, and the community. After nine-months of consideration, the Stakeholder Committee recommended the creation of the Kent Fire Department Regional Fire Service Authority ("Authority"), and formed a Planning Committee to accomplish that task. The Planning Committee created a Plan to govern and finance the Authority. This Plan was adopted by the District on November 16, 2009, and the City on December 8, 2009. Chapter 52.26 of the Revised Code of Washington requires that in order for the Authority to officially form, voters within the service boundaries of the Authority must approve of the Plan. In addition, if the Authority is to assess a special benefit charge, the Plan must be approved by a 60% majority vote. If approved by Council, this resolution would place the Plan and formation of the Authority before voters at a special election to be held on April 27, 2010. If voters approve of the formation of the Authority, the Authority will exist starting July 1, 2010. EXHIBITS: (1) Kent Fire Department Regional Fire Service Authority Ballot Proposition and Authorization - Resolution (2) Exhibit A to Resolution - Regional Fire Authority Plan BUDGET IMPACT: Identified in 2010 City of Kent and King County Fire District 37 budgets - the election costs will be shared. P:\C1v11\Motions-B1ueSheets\Reg1onaIFireAuthoritySubmitVoters-MotionSheet,doc City of Kent Fire Department- Internationally Accredited Fire Agency JOINT RESOLUTION CITY OF KENT RESOLUTION NO. 1820 KCFP DISTRICT NO. 37 RESOLUTION NO. 353 A JOINT RESOLUTION of the City Council of the City of Kent, Washington, and the Board of Commissioners of King County Fire Protection District No. 37, providing for the submission to qualified electors of the City and the District, at a special election to be held on April 27, 2010, of a proposition that, pursuant to Chapter 52.26 of the Revised Code of Washington, approves a plan to form a Regional Fire Protection Service Authority within the boundaries of the City and the District, effective July 1, 2010, to be funded by a property tax levy and a new six-year benefit charge. RECITALS A. The ability to respond to emergency situations by fire protection and emergency medical service agencies has not kept up or progressed with community needs and special service demands. Providing an effective fire protection and emergency medical service system requires a collaborative partnership and responsibility among local and regional governments and the private sector. B. There are efficiencies that can be gained by regional fire protection and emergency medical service delivery, while maintaining local control. Timely development of significant projects can best be achieved by using existing taxing authority to address fire protection and emergency 1 REGIONAL FIRE AUTHORITY- SUBMIT FORMATION TO VOTERS i service needs, with new benefit charging authority to address critical fire protection projects and emergency services. C. The City of Kent Fire Department ("the City") and King County Fire Protection District No. 37 ("the District") have had a cooperative ! partnership, striving to provide the highest level of fire and emergency medical services to their citizens within the confines of available resources. I This cooperative partnership began with an interlocal agreement in 1973, which provided that the City and the District would remain separate entities, but would work together cooperatively. D. In 2007, the City and the District formed a Stakeholder Committee to evaluate the feasibility of creating a new and separate i Regional Fire Authority to provide the fire protection and emergency services within the boundaries of the City and the District. The members of the Stakeholder Committee included citizens of the City, the District, and the City of Covington; union representatives of International Association of Firefighters Local 1747; business owners in the City, the District, and f Covington; and elected officials of the City, the District, and the City of Covington. In 2008, over a nine-month period, the Stakeholder Committee met and completed a report recommending the creation of a Regional Fire (' Protection Service Authority as permitted by Chapter 52.26 of the Revised Code of Washington ("RCW"), to serve the City, the District, and the City of Covington, and a Planning Committee was formed to accomplish this task. E. The Planning Committee met and prepared a Plan to create the "Kent Fire Department Regional Fire Authority," and to govern and finance its operation. The Plan was approved by the City on December 8, 2009, and the District on November 16, 2009, and is formally adopted by each entity pursuant to this Joint Resolution. Copies of the Plan are available from the administrative offices of the City and the District. 2 REGIONAL FIRE AUTHORITY- SUBMIT FORMATION TO VOTERS i F. Authority to form a Regional Fire Protection Service Authority is authorized by Chapter 52.26 RCW. Chapter 52.26 RCW requires that in order to create a Regional Fire Protection Service Authority, the Plan must be approved by the voters of the area affected by the Plan. Therefore, in accordance with the Plan and state law, it is appropriate to place before voters within the proposed service boundaries of the Regional Fire Protection Services Authority, at a special election to be held on April 27, 2010, calling for the creation of the Kent Fire Department Regional Fire Authority, to be funded by a new six-year benefit charge and existing i property tax levy, and the approval of the Plan, all in accordance with state law. I NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, AND THE BOARD OF COMMISSIONERS OF KING COUNTY FIRE PROTECTION DISTRICT NO. 37, DO HEREBY RESOLVE AS FOLLOWS: I RESOLUTION SECTION 1. - Adoption of Plan for Kent Fire Department Rec7iional Fire Authority. The City Council of the City of Kent and the Board of Commissioners of King County Fire Protection District No. 37 hereby formally adopt the Plan of the Kent Fire Department Regional Fire Authority, a true and correct copy of which is attached as Exhibit A and incorporated by this reference. SECTION 2. - Findings of Kent City Council and King County Fire Protection District No. 37. The City Council of the City of Kent Washington and the Board of Commissioners of King County Fire Protection District No. 37 hereby find that it is in the best interests of the City and the District to submit to the qualified electors of the City and the District at a special election to be held on April 27, 2010, a proposition to adopt the Plan that 3 REGIONAL FIRE AUTHORITY- SUBMIT FORMATION TO VOTERS 1 t creates the Kent Fire Department Regional Fire Authority, which if approved will be funded by a six year benefit charge not to exceed sixty percent of the Authority's operating budget, and a property tax not to exceed $1.00 per thousand of assessed value during such time as the benefit charge is i collected, and not to exceed $1.50 per thousand of assessed value if the benefit charge is not being collected. If approved by sixty percent of the voters within the boundaries of the authority voting on the ballot proposition in accordance with RCW 52.26.060, this proposition would create a regional fire protection service authority as provided in chapter 52.26 RCW called the "Kent Fire Department Regional Fire Authority," with boundaries coextensive with the boundaries of the City of Kent and King County Fire Protection District No. 37, effective July 1, 2010. SECTION 3. - Proposition for Voter Submittal. There shall be submitted to the qualified electors of the District and the City for their ratification or rejection, at a special election on April 27, 2010, the question of whether or not the Kent Fire Department Regional Fire Authority should be created in accordance with the Plan and funded with a six year benefit charge and property tax levy. The Board of Commissioners of King County Fire Protection District No. 37 and the City Council of the City of Kent hereby requests the auditor of King County, as ex-officio Supervisor of Elections to call such election and to submit the following proposition at such election, in the form of a ballot title substantially as follows: i PROPOSITION NO. 1 The City of Kent and King County Fire Protection District No. 37 have adopted a Joint Resolution approving the Kent Fire Department Regional Fire Authority Plan ("Plan") to create the Kent Fire Department Regional Fire Authority ("Authority") with an effective date of July 1, 2010. If approved, this proposition would create the Authority, in accordance with the Plan, to provide fire protection and emergency medical services in the City and the District. The 4 REGIONAL FIRE AUTHORITY- SUBMIT FORMATION TO VOTERS Authority will be funded by a six-year fire benefit charge (not to exceed 60% of the operating budget) and a property tax (not to exceed $1.00 per $1,000 of assessed value). This funding would replace the District's existing property tax rate of $1.50 per $1,000 of assessed value, and would reduce Kent's property tax capacity by the tax rate collected by the Authority. Should the Plan to create a Regional Fire Protection Service Authority be approved? YES [ j NO [ SECTION 4. - Authorize Continued Acts of Regional Fire Authorit Planning Committee, The City Council of the City of Kent Washington and the Board of Commissioners of King County Fire Protection District No. 37 hereby authorize the Regional Fire Authority Planning Committee to continue operating on an as needed basis until the effective date of the I Authority. The Regional Fire Authority Planning Committee shall be considered the governing board for the purposes of RCW 52.26.230 and shall be responsible for conducting a public hearing on the benefit charge consistent with the requirements of RCW 52.26.230. The Planning Committee shall function as the governing board for the purposes of carrying out the requirements of Chapter 52.26 RCW until such time as a new governing board is established on July 1, 2010, pursuant to the Plan. i SECTION 5. - Pro and Con Committee Appointments. The Kent City Council and the King County Fire Protection District No. 37 Board of Commissioners hereby assign to the Regional Fire Authority Planning Committee the task of appointing members to a committee to advocate voters' approval of the proposition and to a committee to prepare arguments advocating voters' rejection of the proposition. SECTION 6. - Severabilit . If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or 5 REGIONAL FIRE AUTHORITY- SUBMIT FORMATION TO VOTERS i invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. I SECTION 7. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. I SECTION 8. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. SECTION 9. - Triplicate Originals. Three originals of this resolution are signed by the City of Kent and King County Fire Protection District No. 37. 1 PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of January, 2010. CONCURRED in by the Mayor of the City of Kent this day of I January, 2010. ADOPTED by the Board of Commissioners of King County Fire Protection District No. 37, King County, Washington, at a regular open public meeting of such Board on the day of January, 2010, the below commissioners being present and voting. ; i SUZETTE COOKE, MAYOR COMMISSIONER COMMISSIONER i COMMISSIONER I 6 REGIONAL FIRE AUTHORITY- SUBMIT FORMATION TO VOTERS I i i ATTEST: BRENDA JACOBER, CITY CLERK KCFPD NO. 37 SECRETARY APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY BRIAN SNURE, KCFPD NO. 37 ATTY i I hereby certify that this is a true and correct copy of Resolution No. 1820 passed by the City Council of the City of Kent, Washington, the it day of January, 2010. i i BRENDA JACOBER, CITY CLERK P:\Civil\Resolution\Regional FireAuthority-SubmitFormationVoters.doc 7 REGIONAL FIRE AUTHORITY- SUBMIT FORMATION TO VOTERS EXHIBIT A Kent Fire Department Regional Fire Authority Plan i EXHIBIT A E DEI+gRT�Fy • 'FIRE ]Y"r hT y KENT �'CF b 1S ST T 3_1 r tRE*SP WAS Hl t,11 ON KENT FIRE DEPARTMENT i "SERVING THE CITIES OF KENT, COVINGTON AND KING COUNTY FIRE DISTRICT 37" REGIONAL FIRE AUTHORITY PLAN TABLE OF CONTENTS Page Acknowledgement..........................................................................5 Strategic Opportunity .....................................................................7 Section 1: Needs Statement............................................................9 Section 2: Definitions .....................................................................11 Section 3: Formation Authority ........................................................13 tSection 4: Jurisdictional Boundaries .................................................15 Section 5: Governance ...................................................................19 Section 6: Organizational Structure/Operations .................................21 Section 7: Financial ........................................................................23 Section 8: Administrative/Management/Personnel Components ...........27 Section 9: Fire Prevention, Public Education Services, Emergency Management and Fire Investigation Unit ............................31 Appendix A - Jurisdictional Boundaries .............................................35 Appendix B - Fire Benefit Charge .....................................................37 Appendix C - Organizational Structure..............................................41 Appendix D - Asset Transfer ...........................................................43 j 4000, KENT W/9M 6iOX ACKNOWLEDGEMENT Recognizing the challenges and opportunities that all fire jurisdictions are facing, the City of Kent and King County Fire District 37, through a partnership of many years, agreed in 2006, to explore the different options available in operating and funding the Kent Fire Department. In February 2008, the City of Kent and King County Fire District 37 Regional Fire Protection Stakeholders Report, recommended that the City and Fire District develop a Regional Fire Authority (RFA) Plan. Through the efforts, dedication and professional commitment of the individuals acknowledged, we have completed the RFA Plan. On behalf of the City of Kent, King County Fire District 37, and all Kent Fire Department personnel, I want to thank everyone who participated in creating the future vision of our organization that will ultimately provide the citizens we serve and protect an enhanced opportunity to determine the level of service they desire. Your efforts are recognized and very much appreciated. Jim Schneider Regional Fire Authority Planning Regional Fire Authority Steering Committee Members: Committee Members: Debbie Raplee, Kent City Council Ken Weatherill, Deputy Chief Tim Clark, Kent City Council Pat Pawlak, Division Chief Ron Harmon, Kent City Council Jon Napier, Division Chief Allan Barrie, Fire District 37 Greg Markley, Battalion Chief Mike Denbo, Fire District 37 Eric Tomlinson, Battalion Chief I Margaret Harto, City of Covington Kevin Garling, Battalion Chief Brian Snure, Fire District Attorney Larry Rabel, Captain Dr. Robert McKenzie, CEO, CSI Mark Jones, Captain Greg Markley, Battalion Chief Chris Martin, Captain Mark Jones, Captain, Union President Dave Woelber, Captain Larry Rabel, Captain John Lytle, Captain Deanna Gratzer, District Secretary Martin Oliver, Firefighter Jim Schneider, Fire Chief Margaret Martin, Executive Assistant Deanna Gratzer, District Secretary Jim Schneider, Fire Chief 1 5 RFA Communications Plan Committee: RFA Finance Committee: Ken Weatherill, Deputy Chief Pat Pawlak, Division Chief Lynn Heesen, Battalion Chief Jon Napier, Division Chief Eric Tomlinson, Battalion Chief Greg Markley, Battalion Chief Kraig Peiguss, Captain Kevin Garling, Battalion Chief Kyle Ohashi, Captain Mark Jones, Captain Bud Sizemore, Firefighter Chris Martin, Captain John Robbins, Firefighter Dave Woelber, Captain Don Barberie, Firefighter John Lytle, Captain , Deanna Gratzer, District Secretary Martin Oliver, Firefighter Jim Schneider, Fire Chief Margaret Martin, Executive Assistant City of Kent: Fire Department Planning Unit: ' Suzette Cooke, Mayor Larry Rabel, Captain John Hodgson, CAO Randy Droppert, Data Integr. Coord. Elizabeth Albertson, Councilperson Mark Thompson, Tech. Integr. Coord. Tim Clark, Councilperson Jackie Yip, Senior Systems Analyst Jamie Danielson, Councilperson Ron Harmon, Councilperson Fire Administration: Deborah Ranniger, Councilperson Debbie Raplee, Council President Margaret Martin, Executive Assistant Les Thomas, Councilperson Deanna Gratzer, District Secretary Robert Nachlinger, Finance Director Jane Ogren, Administrative Assistant Sue Viseth, Director Employee Services Elizabeth Kingery, Admin Secretary Becky Fowler, Employee Services Jennifer Bilodeau, Admin Secretary Robert Goehring, Finance Kristine Hauer, Admin Support Bonnie Fell, Finance Kathleen Etheredge, Finance Fire District 37: Paula Barry, Finance Mike Carrington, Info. Technology Director Pat Riordan, Commissioner Curt Ryser, Information Technology Bill Stewart, Commissioner Paul Dunn, Information Technology Tom Sawyer, Commissioner Tom Brubaker, City Attorney Allan Barrie, Commissioner Pat Fitzpatrick, Deputy City Attorney Mike Denbo, Commissioner Jeff Watling, Parks Director Charlie Lindsey, Facilities f 6 �'v KEN t r,+'3I.�ST 37 REGIONAL FIRE AUTHORITY VISION The Kent Fire Department is a community partner, providing effective and sustainable fire and EMS services that maximize the resources entrusted to us to serve the needs I of a changing community. STRATEGIC OPPORTUNITY To strategically position the Kent Fire Department and King County Fire District #37, which includes the City of Covington, in a cost effective partnership that provides the community with effective and sustainable fire and EMS services. • Effective fire and life saving EMS service is dependent on three components o Fire Prevention ■ Safe buildings reduce fire risk, life loss, and reduce the long term cost of emergency response; o Public Education ■ Perfect emergency response is not possible, the public must be empowered to reduce their own risk and provide time critical actions prior to arrival of firefighters; o Emergency Response ■ Perfect prevention does not exist, emergency responders must arrive prior to flashover in fire, and brain death in non-breathing patients. • The three legs of the fire service delivery system, fire prevention, public education and emergency response can only be sustained with adequate funding o Level of Service performance objectives provide the measure of adequate service; o Prevention, Education and Response resources must be balanced to meet the Level of Service objective and assure the most cost effective delivery of service; o Adequate funding of the fire service delivery system is evidenced by its ability to meet level of service performance objectives. (Appendix A) MISSION Professionally and compassionately helping people. VALUES Be Safe Do Your Best Serve With Integrity Take Care of Each Other If 7 1 PAGE LEFT INTENTIONALLY BLANK , 1 1 i I i Z KEN7 KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY (RFA) PLAN Section 1: Needs Statement Adopted: 06-03-09 Revised: 12-08-0 t1. The ability to respond to emergency situations by fire protection and emergency medical services jurisdictions has not kept up or progressed with the community's needs and special service demands; 2. Providing a fire protection and emergency medical service system requires a collaborative partnership and responsibility among local and regional governments and the private sector; 3. There are efficiencies to be gained by regional fire protection and emergency medical service delivery, while maintaining local control; and 4. Timely development of significant projects can best be achieved through enhanced funding options for regional fire protection, emergency services, specialized rescue, hazardous material mitigation, using existing taxing authority to address fire protection and emergency service needs, with new authority to address critical fire protection projects and emergency services. 5. The City of Kent Fire and King County Fire Protection District 37 have had a cooperative partnership, striving to provide the highest level of fire and emergency medical services to our citizens within the confines of available resources. 6. Cooperation and the partnership between the City of Kent Fire Department and King County Fire District 37 began with an inter-local agreement in 1973, providing the legal structure for the entities to remain separate but work cooperatively together. ' 7. In 2007, the City of Kent and King County Fire District 37 completed a regional fire protection stakeholders report. The stakeholders involved in that process consisted of citizens of the Cities of Kent and Covington and unincorporated areas of King County Fire District 37 It included union representatives of IAFF Local 1747, business owners in our communities, and elected officials of the City of Kent, Covington and King County Fire District 37. 9 8. In 2008, after a 9 month process, the Stakeholders Committee, through consensus, selected and recommended that the City of Kent and King County Fire District 37 create a plan for a new entity, referred to as a Regional Fire Authority, as permitted by state law. 9. To streamline economies of scale, and diversify revenue options, the City of Kent and King County Fire District 37 will be asking its citizens to consider combining all functions and services provided by the two jurisdictions into a single entity, called a Regional Fire Authority. RFA Plan Revision: 1. The NEEDS STATEMENT section of The Kent Fire Department RFA Plan is subject to amendment by a majority vote of the RFA Governance Board. i 1 I 10 1 r ' KEN KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY {RFA} FLAN ` Section 2: Definitions Adopted: 06-03-09 Revised: 12-08-09 The definitions in this section apply throughout the Regional Fire Protection Service Plan, unless the context clearly requires otherwise. r1. "Board" or "Governing Board": Means the governing body of a regional fire protection services authority. 2. "Participating Jurisdictions": Means the City of Kent and King County Fire Protection District No. 37. 3. "Regional Fire Authority," "Kent Fire Department RFA" "RFA": Means a municipal corporation, an independent taxing authority within the meaning of Article VII, Section 1, of the Washington State Constitution, and a taxing district within the meaning of Article VII, Section 2, of the Washington State Constitution, whose boundaries are coextensive with the City of Kent and King County Fire Protection District No. 37 that has been created by a vote of the people under Revised Code of Washington 52.26 to implement a Regional Fire Authority Plan. 4. "Regional Fire Authority Planning Committee" or "Planning Committee": Means the advisory committee created under Revised Code of Washington 52.26.030 to create and propose to participating jurisdictions a Regional Fire Service Authority Plan. 5. "Regional Fire Authority Plan," "RFA Plan," "Kent Fire Department RFA Plan" or "Plan": Means a plan to develop, govern and finance a Regional Fire Authority, including, but not limited to, specific capital projects, fire prevention services, fire suppression services, emergency medical services, and services for the protection of life and property pursuant to Revised Code of Washington 52.26.040, and the preservation and maintenance of existing or 1 future facilities and services. 11 RFA Plan Revision: 1. The DEFINITIONS section of The Kent Fire Department RFA Plan is subject to amendment by a majority vote of the RFA Governance Board. i i I f 12 — l hnq� pip;c •naW.+ KEtd ='t' ue- ,arty, as j KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY (RFA) PLAN Section 3: Formation Authority Adopted: 06-03-09 Revised: 12-08-09 Reference: 1. Authority to form a Regional Fire Protection Services Authority between the City of Kent and King County Fire District 37 (participating jurisdictions) is authorized by Chapter 52.26 RCW. 2. The authority to form and operate a Planning Committee is provided by RCW 52.26 030 and 040. 3. The City of Kent and King County Fire District 37 Planning Committee 1 included three (3) members of the Kent City Council and three (3) Commissioners of King County Fire District 37. 4. The Commissioners of King County Fire District 37 appointed an elected official from the City of Covington to fill one of its positions because it was the planning phase of the process, and because of the long term relationship and partnership between the Fire District and the City of Covington. This option was agreed to by both parties for the RFA Planning Committee process only. 5. The mission and goal of the Planning Committee is to develop and present to the elected officials of each participating jurisdiction, the Kent Fire Department RFA Plan. 6. Upon development, approval and adoption of the Kent Fire Department RFA Plan by the Planning Committee, the Plan shall be presented to each participating jurisdiction's elected legislative body for approval and adoption by resolution for placement of the RFA Plan on the ballot for consideration by a vote of the people within the boundaries of the proposed RFA. 7. Upon approval of the RFA Plan by the elected legislative body of each participating jurisdiction, the participating jurisdictions shall draft a joint ballot title, give notice as required by law for ballot measures, and perform 13 1 other duties as required to put the Plan before the voters of the participating jurisdictions for approval or rejection as a single ballot measure. Activity and Operation: 1. The joint agreement between the City of Kent and King County Fire District 37 shall remain in force during the RFA planning period. 2. Should the Kent Fire Department RFA Plan be approved by 60% of the voters of the participating Jurisdictions, the Kent Fire Department Regional Fire ' Authority shall be formed on, July 1, 2010, in accordance with RCW 52.26.070. If the Plan is not approved by 60% of the voters, then operations relating to the services set forth herein shall remain unchanged. 3. Upon voter approval of the Plan, the City of Kent and King County Fire District 37 shall continue to exist as Washington State Municipal Corporations. The exclusive purpose of the continued existence of King County Fire District 37 shall be to levy and collect taxes and/or other fire district revenue to be transferred to the RFA until such time as the RFA collects its own revenues and to provide representation to the newly formed Kent Fire Department RFA Governance Board. 4. Upon voter approval of the Plan, it is the intent that the City of Kent and King County Fire District 37 will cease to operate their own fire departments effective July 1, 2010. At such time as King County Fire District 37 no longer provides revenues or representative to the governance board it may be dissolved in accordance with RCW 52.26.120. RFA Plan Revision: i 1. The formation authority section of the Kent Fire Department RFA Plan is subject to amendment only by a revised Kent Fire Department Plan being re-submitted to the electorate for approval. 14 -- *40 �/i \ice na.Ms• 'k d{ .J 4 KEN tST 3'F . a KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY (RFA) PLAN Section 4: Jurisdictional Boundaries Adopted: 07-15-09 Revised: 12-08-09 iA. Reference: 1. The authority to define the jurisdictional boundaries of the Kent Fire Department Fire Authority is provided by RCW 52.26.020(2). B. Jurisdictional Boundaries on Formation of Kent Fire Department Fire Authority: 1. If the adopted Kent Fire Department Fire Authority Plan is approved by the voters, the jurisdictional boundaries of the Kent Fire Department Fire Authority (RFA) shall be the current legal boundaries of the participating ' jurisdictions, which boundaries are currently contiguous and are depicted on the map attached hereto and marked as Appendix "A" of this plan. C. Changes in Jurisdictional Boundaries After Formation of Kent Fire Department Fire Authority: 1. Boundary Changes that do not require a RFA Plan amendment. a. City of Kent annexations of areas included within the boundaries of King County Fire Protection District No. 37. Such annexations will not affect the RFA since the areas will already 1 be within the RFA boundaries. Pursuant to RCW 52.26.290 there will be no required asset or employee transfers between the fire district and the city. b. City of Kent annexations of areas not included within King County Fire Protection District No. 37. On the effective date of such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant to RCW � 15 � 52.26.090. The territory added to the RFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. Any transfer of assets or employees that occurs as a result of annexation shall be between the transferring entity and the RFA. C. King County Fire Protection District No. 37 annexations of areas outside the boundaries of the RFA. On the effective date of such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant to RCW 52.26.090. The territory added to the RFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA . d. Partial merger of an area located in an adjacent fire protection district into King County Fire Protection District No. 37. On the effective date of such partial merger, the territory merged into King County Fire Protection District No. 37 shall automatically be included within the boundaries of the RFA. The territory added to the RFA by such partial merger shall be subject to the taxation, charges, and bonded indebtedness of the RFA in the manner specified in chapter 52.06 RCW. Any transfer of assets or employees as a result of a partial merger shall be between the merging district and the RFA. e. Merger of an adjacent fire protection district into King County Fire Protection District No. 37. On the effective date of such merger, the territory merged into King County Fire Protection District No. 37 shall automatically be included within the boundaries of the RFA. The territory added to the RFA by such merger shall be subject to the taxation, charges, and bonded indebtedness of the RFA in the manner specified in chapter 52.06 RCW. Pursuant to RCW 52.06.085, the merger will result in an increase in the size of the governing board of King County Fire Protection District No. 37. Such increase shall not, however, alter the Governance Plan and the RFA governing board shall still have 3 representatives from the Fire District. Any transfer of assets or employees as a result of a merger shall be between the merging district and the RFA. f. Full or partial merger of King County Fire Protection District 37 into an adjacent fire protection district. On the effective date of such merger, the areas within King County Fire Protection District No. 37 that are merged into the adjacent fire protection district shall be removed from the jurisdictional boundaries of the RFA. In this situation the RFA shall not be obligated to transfer employees or assets of the RFA and the adjacent fire protection district shall be restricted to assets and employees of the fire district, if any. g. Annexation of a portion of King County Fire Protection District 37 b a City that is not a participating jurisdiction in Y Y 16 the RFA. On the effective date of such annexation, the territory annexed shall automatically be removed from the boundaries of the RFA. In this situation the RFA shall not be obligated to transfer employees or assets of the RFA and the annexing city shall be restricted solely to assets and employees of the fire district, if any. h. Annexation of areas by the City of Covington. Provided that the City of Covington remains annexed into King County Fire Protection District No. 37, on the effective date of any such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant to RCW 52.26.090 and RCW 52.04.091. The territory added to the RFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA Any transfer of assets or employees that occurs as a result of such annexation shall be between the transferring entity and the RFA 2. Boundary Changes that require a RFA Plan amendment. The addition of another entity as a participating jurisdiction in the RFA shall require a voter approved amendment to the RFA Plan. RFA Plan Revision: 1. Except as provided in paragraph C.2, the JURISDICTIONAL BOUNDARIES section of The Kent Fire Department RFA Plan is subject to amendment by a majority vote of the RFA Governance Board. 1 ! 17 PAGE LEFT INTENTIONALLY BLANK r is KEN KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY (RFA) PLAN Section 5: Governance Adopted: 07-15-09 Revised: 12-08-09 Governance and Representation Reference: 1. The authority to provide governance for the Regional Fire Authority is provided by RCW 52.26.080 and RCW 52.26.090. Governing Board Structure and Operation: 1. As provided by RCW 52.26.080, the RFA Governing Board shall be established and have authority as of July 1, 2010. 2. As provided by RCW 52.26.080, the governing board shall include six voting members consisting of three (3) current, seated members from the City of Kent to be appointed by the Kent City Council and three (3) current, seated King County Fire District 37 Board of Commissioners members and one nonvoting advisory position consisting of one (1) current, seated member from the City of Covington, appointed by the Covington City Council. 3. The RFA Governing Board shall adopt governance policies and rules for conducting business for the RFA in accordance with RCW 52.26.080. 4. The RFA Governing Board shall adopt by-laws to govern RFA affairs in 1 accordance with RCW 52.26.080. 5. The RFA Governing Board shall have all the power and authority granted governing boards under Washington State law, and shall include the power and authority to make any decisions appropriate for the RFA and for matters related to Title 52 RCW. 6. Commissioners of the Governing Board will receive compensation in the same manner and under the same conditions as provided by law for commissioners of a fire protection district organized under Title 52 RCW. 19 Placement of Ballot Measures before Electorate of the RFA: 1. Subject to state law, ballot measures may be placed on the ballot for a vote by the members of the RFA by a majority vote of the members of the RFA Governing Board. The Board shall reach a decision of election at least 30 days in advance of county filing deadlines. Plan Revisions: 1. The GOVERNANCE section of the Kent Fire Department RFA Plan may be , amended by a majority vote of the RFA Governance Board. i 20 I KEN KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY (RFA) PLAN Section 6: Organizational Structure/Operations Adopted: 11-04-09 Revised: 12-08-09 A. Reference: 1. The authority for the RFA to establish an Organizational Structure is provided in RCW 52.26.040. B. Activity/Operation: 1. Commencing the day of formation, the RFA shall be organized and managed, with leadership provided as show in Appendix "C" of the RFA Plan. 2. The RFA Administrative, Operations and Prevention Division shall be organized, and a chain of command be established in accordance with Ithe organizational structure provided in Appendix "C" of the RFA Plan. 3. The Governing Board for the RFA shall be referred to as the Regional Fire Authority Governing Board, as identified in Appendix "C" of the RFA Plan. 4. All current operational and service delivery aspects of the Kent Fire Department and King County Fire District 37 shall be transferred over on the day of formation. 5. Current staffing models, standards of coverage, deployment standards, field operations, command staffing, and operational policies and procedures shall be transferred and continued at the current level of service on day the of transfer. 6. The RFA will adopt the Kent Fire Department Standards of Coverage Document, which will define services, levels of service, standards of coverage, development standards and customer expectations of the RFA. C. RFA Plan Revision Disposition: 21 1 1 1. The Organizational Structure portion of the RFA Plan may be j revised by a majority vote of the current sitting RFA Governance Board. 1 1 t 1 I r f 22 KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY (RFA) PLAN Section 7: Financial Adopted: 11-04-09 Revised: 12-08-09 A. Reference: i1. The authority to provide FUNDING and levy taxes for the RFA is provided by RCW 52.26.050, RCW 52.26.120, RCW 52.26.140, RCW 52.26.150, RCW 52.26.160, RCW 52.26.170, RCW 52.26.180, RCW 52.30.020, chapter 84.52 RCW and chapter 84.55 RCW. 2. The authority and mechanism for the collection of taxes and the benefit service charge shall be in accordance with RCW 52.26.170, RCW 52.26.200 - .270 B. Revenues/Funding: 1. The funding for the operation and administration of the RFA contributed by each of the participating jurisdictions for 2010 operations shall be in an amount equal to the funding total approved for the fire department services in the budgets of each respective participating jurisdiction of the RFA for the 2010 calendar year. 2. Funding for the RFA beginning in calendar year 2011 and beyond shall be accomplished by a property tax of $1.00 per thousand of taxable assessed value and a benefit service charge on all improved properties within the RFA service area, initially based upon the general formula and methodology provided in Appendix B of the RFA Plan. 3. To the extent permitted by law, the RFA shall contract with agencies and entities exempt from property taxes in accordance with RCW 52.30.020 and related statutes. 4. The Governing Board shall have the authority to pursue all additional revenue sources authorized by law including but not limited to revenue sources specifically identified in Title 52 RCW that are not otherwise addressed in chapter 52.26 RCW. -{ 23 -- 5. The RFA shall pay all costs of continued operation of King County Fire Protection District No. 37 subsequent to the formation of the RFA C. Financial Assets Transferred: 1. Once the RFA is formed on July 1, 2010, King County Fire Protection District 37 shall immediately transfer the remaining funds approved for the 2010 King County Fire Protection District No. 37 budget, and shall transfer all future property tax and contractual payments received at the time of receipt unless otherwise specifically allowed by the RFA Plan. 2. Once the RFA is formed on July 1, 2010, the City of Kent will then transfer the remaining funds approved for 2010, on a proportional basis, on the 15th and 30th of each of the six remaining months for 2010, through December 31, 2010. 3. Transfer of Project Fund accounts and Reserve Cash funds from the City of Kent and King County Fire Protection District 37 as identified in Appendix D of the Asset Transfer Appendix, shall be transferred to the RFA on the date of the formation of the RFA in the amount remaining in the accounts on the date of formation of the RFA. 4. Transfers of Real Property. a. All real property owned by King County Fire Protection District No. 37 shall be transferred to the RFA on the date of formation of the RFA. b. The following real property owned by the City of Kent shall be transferred or leased as identified below: i. Station 71: City of Kent shall sell to the RFA for $1, with an automatic reversionary interest in the event the station is no longer used for RFA purposes. ii. Station 72: City of Kent shall sell to the RFA for $1, with an automatic reversionary interest in the event the station is no longer used for RFA purposes. ni. Station 73: City of Kent shall sell to the RFA for $1, subject to any easements or other interests, with an automatic reversionary interest in the event the station is no longer used for RFA purposes. iv. Station 74/Administration: City of Kent will retain ownership of property and lease '/2 of the space to the RFA for an amount to be determined. As a condition of the lease, the RFA will agree to assume 1/2 of the maintenance costs of the property, except for the burn r 24 tower, which the RFA will assume 100% of the maintenance costs. 1 v. Station 75: City of Kent will retain ownership and lease to the RFA for $1/year, subject to the right of the City of Kent to sell the property. In the event the City sells the property, the City shall, prior to the closing of the sale, be financially responsible for relocating Station 75 to a location with a structure that is operationally ready and allows for an equivalent level of service to that provided from Station 75. vi. Station 76: City of Kent shall sell to the RFA for $1, with an automatic reversionary interest in the event the station is no longer used for RFA purposes. vu. Washington Avenue Property: City of Kent shall sell to the RFA for $1. RFA shall lease property to City of Kent for storage for $1. The RFA shall sell the property back to the City of Kent for $1 at a point when the RFA no longer wishes to retain the property. viii. Ropes Course Property: City of Kent will retain ownership and lease to the RFA for $1/year 5. Transfers of Personal Property. a. King County Fire Protection District No. 37 shall transfer all personal property, including but not limited to equipment, supplies, agreements, documents and records to the RFA on the date of formation of the RFA. b. Unless otherwise agreed to in an interlocal agreement, the City of Kent shall transfer for $1 all personal property used by the Kent Fire Department (administration, support services, emergency management, prevention and Operations) including, but not limited to equipment, supplies, agreements, documents and records to the RFA on the date of formation of the RFA. 6. Risk of Loss. a. All buildings and equipment that have been transferred to the RFA, shall be operated, insured, and maintained at the expense of the RFA. D. Liabilities: 1. On the date of formation, the RFA shall assume all outstanding liabilities of King County Fire Protection District No. 37. 2. On the date of formation, the RFA shall assume the following liabilities of the City of Kent. 25 1 a. Except as provided below, all employment liabilities associated with the employee transfers as provided in Section 8 of the Plan. 3. The City of Kent shall retain the following liabilities: a. The City of Kent will keep the liability for retired and active LEOFF 1 Kent Fire Department FTE's to include medical and long term care insurance payments and any other expenses incurred by the Kent Fire Department LEOFF 1 personnel in accordance with the City of Kent LEOFF 1 Policies and Procedures. b. The City of Kent will retain its Fire Relief and Pension Fund and make required pension payments to eligible LEOFF 1 participants. c. The City of Kent shall remain responsible for the following accrued but unfunded employment liabilities: 1. Between July 1, 2010, and December 31, 2011, the City agrees to pay to the RFA for vacation hours accrued and owed to a retiring RFA employee; provided, the amount paid shall not exceed a total of $50,000 or payment to five employees, whichever is less. The City shall not be liable for any vacation of any RFA employee after December 31, 2011. E. RFA Plan Revision Disposition: 1. Subject to any statutory requirements for voter approval, the funding portion of the RFA Plan, including the benefit charge funding formula and methodology may be revised by a majority vote of the current sitting RFA Governance Board. i f 26 t ,� KEN nfs ,� KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY (RFA) PLAN Section 8: Administrative/Management/Personnel Components Adopted: 11-04-09 Revised: 12-08-09 A. Reference: 1. The authority for the RFA to establish and provide Administrative, Management and Personnel components is provided in RCW 52.26.040 and RCW 52.26.100. ,! B. Activity/Operation: 1. The RFA shall be organized as provided in Appendix C of the RFA Plan. 2. The existing staff of the participating agencies shall transfer to the RFA to fulfill assigned duties as outlined in the organizational structure in Appendix C. All current FTE's of the City of Kent Fire Department and King County Fire Protection District 37 shall be transferred on the day of formation at their current rank, grade and seniority. 3. Unless otherwise noted in the RFA Plan, the transfer of authority and the administration and management of the RFA shall be seamless and shall initially model the current administrative and management components of the Kent Fire Department. 4. All current employee agreements, collective bargaining unit agreements, outstanding labor issues, personal service contracts, and I any other contracts or agreements pertaining to work, duties, services or employment with the City of Kent Fire Department and King County Fire Protection District 37, shall be transferred over with all personnel on the day of formation. Any consolidation of employees into one of the existing labor agreements must be mutually agreed upon by the labor unions and each of the participating jurisdictions prior to the July 1, 2010, implementation date of the RFA. If 27 1 t 5. The City of Kent LEOFF Board will continue to oversee LEOFF 1 benefits for said personnel in accordance with the City of Kent LEOFF 1 Policies and Procedures. 6. The administrative staff of the RFA shall be the current members of the Kent Fire Department administrative staff. All current administrative and business functions, agreements, documents, operations, and policies and procedures from the Kent Fire Department shall transfer over to the RFA unless otherwise noted in this plan. 7. The current Kent Fire Department and King County Fire District 37 staff assigned to support services, logistics, supply, fleet maintenance and facilities shall be transferred over to fulfill the duties of those ' services outlined in the organizational structure in Appendix C. 8. Effective July 1, 2010, the following employee services and benefit administration functions of the RFA shall be provided by the RFA: Recruitment and Hiring, Labor Relations and Negotiations, Risk Management including Labor and Industries time-loss, Liability and Property Insurance and all administrative functions related to the Family Medical Leave Act (FMLA), the Family Care Act (FCA), and all other state and federal employment and labor laws. Effective July 1, 2010, the RFA will continue to participate in the City of Kent Health care plans as identified in the current collective bargaining agreements which include medical, dental and vision coverage. In addition, the RFA will continue to participate in the Wellness program and the Employee Assistance Program as administered by the City of Kent. All costs related to these plans will be paid for by the RFA pursuant to an inter-local agreement between the RFA and the City of Kent. Effective July 1, 2010, the RFA will continue to use the Kent Civil Service Commission and the City of Kent Civil Service Examiner. The costs related to these services will be paid for by the RFA pursuant to an inter-local agreement between the RFA and the City of Kent.. 9. Effective July 1, 2010, all accounts payable and accounts receivable services shall be provided by the RFA. 10.Effective July 1, 2010, all payroll services shall be provided by the RFA. 11.In 2010 and 2011, the City of Kent shall provide the RFA with L information technology (IT), phone services, and information management (IM) services. The RFA shall contract for such services pursuant to an inter-local agreement between the RFA and the City of Kent beginning July 1, 2010, in order to provide seamless, up-to-date IT, phone, and IM services for the RFA. 28 12.In 2010 and 2011, facility maintenance services shall be provided to the RFA by the City of Kent. Yard maintenance service will not be provided by the City of Kent, and will be the responsibility of the RFA. The RFA shall contract for such services beginning July 1, 2010, pursuant to an inter-local agreement between the RFA and the City of Kent in order to provide seamless repair, maintenance and readiness operations of the RFA facilities. 13.In 2010, the current fuel procurement and associated fuel services shall be provided by the City of Kent pursuant to an inter-local agreement between the RFA and the City of Kent. The RFA will have the option to contract for such services beginning January 1, 2011. t14.The RFA shall provide its own legal services effective July 1, 2010. RFA Plan Revision Disposition: 1. The administrative, management and personnel portion of the RFA Plan may be revised by a majority vote of the current sitting RFA Governance Board. 29 1 PAGE LEFT INTENTIONALLY BLANK j 1 1 t 1 1 1 Z 1 1 1 1 1 1 1 30 ,I�I� frtRg KENT °. w. o KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY (RFA) PLAN Section 9: Fire Prevention, Public Education Services, Emergency Management and Fire Investigation Unit Adopted: 11-04-09 Revised: 12-08-09 A. Reference: 1. The authority for the RFA to establish and provide Fire Prevention, Public Education, Emergency Management and Fire Investigation components is provided in RCW 52.26.040, RCW 52.26.090(2), RCW 52.12.031 (3),(6) and (7) and chapter 39.34 RCW. B. Activity/Operation: 1. EXISTING SERVICE PROVIDERS: 1.1. The City of Kent, through the Kent Fire Department currently provides the following services within the boundaries of the City of Kent: a. Fire Prevention Services pursuant to RCW 19.27.050; b. Fire Investigation Services pursuant to RCW 43.44.050 and chapter 51-54 WAC; C. Emergency Management Services pursuant to chapter 38.52 RCW; and 1.2. The City of Kent currently provides the following services within the City of Covington pursuant to contract: a. Fire Prevention Services; and b. Fire Investigation Services. 1.3. King County Fire Protection District No. 37 currently provides the following services within the boundaries of the City of Kent and within the District (including Covington): a Public Education Services. 31 - -- i 1.4. King County currently provides the following services within the boundaries of King County Fire Protection District No. 37 (excluding Covington). a. Fire Prevention Services; b. Fire Investigation Services; and C. Emergency Management Services. 1.5. The City of Covington currently provides the following services within the boundaries of Covington. a. Emergency Management Services. 2 SERVICE PROVIDERS FOLLOWING RFA EFFECTIVE DATE: 2.1 FIRE PREVENTION SERVICES a. On the effective date of the creation of the RFA, Fire Prevention Services within the boundaries of the RFA shall be provided as follows: (i). Within the City Kent. The RFA will provide Fire Prevention Services to the City of Kent pursuant to an inter-local agreement to be negotiated prior to the effective date "Kent Inter-local." (n). Within the City of Covington, the RFA intends to provide Fire Prevention Services to the City of Covington pursuant to an inter-local agreement between the RFA and Covington "Covington Inter-local." (iii). The RFA will credit or transfer to the City of Kent, revenue generated for fire prevention services rendered by the RFA for the City of Covington, pursuant to the "Kent Inter-local" (tv) Within unincorporated King County. King County shall provide Fire Prevention Services. 2.2. FIRE INVESTIGATION SERVICES: a. On the effective date of the creation of the RFA, Fire Investigation Services within the boundaries of the RFA shall be provided as follows: (i) Within the City Kent. The RFA will provide Fire Investigation Services to the City of Kent pursuant to an inter-local agreement to be negotiated prior to the effective date "Kent Inter-local." (ii). Within the City of Covington. The RFA intends to provide Fire Investigation Services to the City of Covington pursuant to an - ( 32 1 1 inter-local agreement between the City of Kent and Covington "Covington Inter-local." (iii). Within unincorporated King County. King County shall provide Fire Investigation Services. 2.3. EMERGENCY MANAGEMENT SERVICES. a. On the effective date of the creation of the RFA, Emergency Management Services within the boundaries of the RFA shall be provided as follows: (i). Within the City Kent. The RFA will provide Emergency Management Services to the City of Kent pursuant to an inter- local agreement to be negotiated prior to the effective date "Kent Inter-local." (ii). Within the City of Covington. Covington shall remain the provider of Emergency Management Services. (in) Within unincorporated King County. King County shall remain the provider of Emergency Management Services. 2.4. PUBLIC EDUCATION SERVICES. a. On the effective date of the creation of the RFA, the RFA shall provide Public Education Services throughout the Jurisdiction of the RFA. 3. TRANSITION OF SERVICES. 3.1. In order to effectuate the transition of services identified above, the following shall occur on the effective date of the RFA: a. The City of Kent Fire Department staff on July 1, 2010, assigned to the Fire Prevention and Emergency Management Divisions, shall be transferred over to the RFA. b. The RFA Fire Prevention and Emergency Management Divisions shall be organized as provided in Appendix C of this RFA Plan. C. The City of Kent agrees to designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Kent. d. The City of Covington has agreed to designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Covington. e. Unless otherwise noted in the RFA Plan, or the inter-local agreements referenced herein, the transfer of authority and the Fire Prevention and Emergency Management Divisions of the RFA shall If 33 1-- be seamless and shall initially model the current Fire Prevention and Emergency Management Divisions of the Kent Fire Department. f. The City of Kent and the City of Covington will retain code enforcement authority in accordance with Washington State Law within their respective jurisdictions and, except as provided in the Kent and Covington Inter-locals shall provide the necessary legal and police support for enforcement of code enforcement issues. g. The City of Kent and the City of Covington will retain fire investigation authority in accordance with Washington State Law within their respective jurisdictions and, except as provided in the Kent and Covington Inter-locals shall provide the necessary legal and police support for enforcement of fire investigation issues. h. The City of Kent and the City of Covington will retain emergency management authority in accordance with Washington State Law and, except as provided in the Kent and Covington Inter-locals, shall provide legal and police support as needed to provide emergency management services 4. Other Service Providers. 41. All current automatic aid and mutual aid agreements and any other contractual services agreements, documents, or memorandums currently in place with the City of Kent and King County Fire District 37 shall be transferred over on July 1, 2010, to provide continuous, seamless readiness and emergency services coverage. C. RFA Plan Revision Disposition: 1. The fire prevention, emergency management, public education and fire investigation services portion of the RFA Plan may be revised by a majority vote of the current sitting RFA Governance Board. f 34 ' APPENDIX A Jurisdictional Boundaries -,s s Proposed Kent Regional Fire Authority a,eost �- South King County, WA ' r# Stations 71 to 78 SEGB?.SI W___ Mayor Streets � i' to i ego Q rt -r j Sranon 76m Q 4 �Station 77 j }� ��SEY08•St �_ ' #A k } �zst ti` m ,-sue •_ q a t z a L_ ' w t s 6.2a6St y c � g I s3r•v✓y k � �� a 1 rr - �'•T-1 •- b o � , � � Fire District 37 K EIJPS e ' WSttnthSt Station 74 S "ram,`LN t6 S&3UOn 71 a,� ¢ may' 1 -1 �� r sr_t5 Station 78 i y�.,` M1 SE-256 Sr SE.256•St ® E•I565t -- ' I S 259 L, y#. $taCJQn 72 1 i Station 6 s261;St i, h 7, ! ak ' 1 y �_I City of Covington a 1 a "'o ^/ =»Siatlbn 75 mti I �5.2 Td.5t E Kao 9/e � .SR.51b Fire District 37 I �•Rtl � ''C•--7^cSE-Kent Kv ngNyMtl Eatast 4' ® Fire Stations I " MKent City Limits i i_—iCovmgton City Limits !—_:!Fire District 37 0 05 1 2 3 4 Miles 35 PAGE LEFT INTENTIONALLY BLANK r 36 ' APPENDIX B Fire Benefit Charge Kent Fire Department - Fire Benefit Charge - (FBC) Formula The Fire Benefit Charge (FBC) was authorized by State Law in 1987 upon voter 1 approval and must be reasonably apportioned to the services afforded to the property. Therefore, assessed value is not used in determining the FBC, instead the Kent Fire Department uses property type, property use, and associated risk increasers (see ' definition of hazard factors) or risk reducers (see sprinkler and alarm discount) in determining the FBC amount for each structure. The primary factor of the formula is based upon the amount of "required fire flow- or water needed to extinguish a fire, the ' number of firefighters and equipment needed to effectively deliver the required fire flow and their associated cost for fighting a fire in the type and size of structure being assessed. As structure size or fire loading within a structure increases, the need for ' required fire flow, firefighters, and equipment also increases. The benefit charge is based upon the Insurance Services Office (ISO) required fire flow formula and considers these factors. Therefore, the Kent Fire Authority Governance Board has ' adopted the following formulas for the benefit charge: One and two family buildings ' -VArea * 18 * CF * ERF * CPG * Sprinkler Discount = FBC Multi Family buildings ,/Area * 18 * CF * ERF * CPG * Sprinkler and Alarm Discount = FBC Commercial buildings VArea * 18 * CF * ERF * HF * CPG * Sprinkler and Alarm Discount = FBC Definitions: i' VArea: -/Area is the square root of the total square feet of the buildings over ' 400 square feet located upon the property. CF = Category Factor: The category factor is based upon building type and size. This information is obtained from the King County Assessor database for each ' building subject to the FBC. Category factors are listed below: One and two family buildings: ' Mobile Home = 0.75 Single Family = 0.80 Condominium = 0 80 Multi-family buildings: < 15,000 sq ft = 1.60 < 50,000 sq ft = 3 25 ' < 140,000 sq ft = 6 70 < 200,000 sq ft = 8.60 < 300,000 sq ft = 11.10 ' > 300,000 sq ft = 14 25 --- - 37 � APPENDIX B ' Fire Benefit Charge Commercial buildings ' Commercial 1 = 1.00 < 4, 000 sq. ft. Commercial 2 = 1.20 < 10,000 sq. ft. ' Commercial 3 = 1.40 < 30,000 sq. ft. Commercial 4 = 1.50 <100,000 sq. ft. Commercial 5 = 2 05 <200,000 sq. ft. Commercial 6 = 3 00 >200,000 sq ft. ' ➢ ERF = Effective Response Force. The effective response force factor is , relational to the size of force in firefighters and equipment needed to deliver the required fire flow. One and two family building ERF ' < 1,800 sq ft = 1 < 2,700 sq ft = 1.1 < 3,600 sq ft = 1.35 , < 5,000 sq ft = 1 65 > 5,000 sq ft = 2.25 Multi-family building ERF ' Three units or more = 1.5 Commercial building ERF ' < 8,000 sq ft = 1.18 < 20,000 sq ft = 1.75 < 30,000 sq ft = 2.65 ' > 30,000 sq ft = 4.00 ➢ HF = Hazard Factor: The hazard factor represents the degree of risk caused by the use, processing, or storage of hazardous materials within a building. The ' hazard factor reflects the need for larger and/or more specialized effective response forces. Hazard factors are determined from use and risk classifications found in the National Fire Protection Association's (NFPA) Standard 13 (Standards for the Installation of Sprinkler Systems). Hazard Factors , Light Hazard = 1.00 Ordinary Hazard - 1 = 1.10 Ordinary Hazard - 2 = 1.20 ' Extra Hazard - 1 = 1.30 Extra Hazard - 2 = 1.40 ➢ CPG = Cost Per Gallon: Is the relative cost of providing the required fire flow ' per gallon during a fire incident. CPG is a balancing factor used as an adjustable multiplier to finely tune the FBC calculation across all properties to reach t precisely the desired target FBC amount. 38 r i ' F ' APPENDIX B Fire Benefit Charge ' Estimated 2010 CPG = 0. 0.197678 (estimated until adopted and presented at public hearing as required by RCW 52.26.230) ➢ Senior Citizen Discount: By State law, senior discounts for the FBC are applied at the same percentage of discount as those given for regular property taxes. This information is obtained from and maintained by King County's property and tax records. FBC billings ' will be reduced by the qualifying senior discount amount. ➢ Sprinkler and Alarm System Discount: (7.5 to 15%) Fire sprinkler systems in combination with alarm systems will receive a 7.5 to 15 percent reduction depending upon system capability. Partial coverage systems may not qualify for a discount. Alarms are categorized as local (alerting only ' the occupants of the building) and monitored (alerting both occupants and the fire department) ' Sprinkler & Alarm Discounts One and two family buildings: Fire sprinklers = -7.5% No alarm discount this category ' Multi-family and commercial buildings Fire sprinklers = -7.5% Fire sprinklers and manual local alarm = -9 5% Fire sprinklers and automatic local alarm = -10.5% Fire sprinklers and manual monitored alarm = -12.5% Fire sprinklers and automatic monitored alarm = -15.0% ' ➢ Mobile Homes: King County does not adequately maintain square feet data for mobile homes. The average mobile home size has been determined to be 1075 ' square feet. ➢ Minimum Square Footage: The FBC will not be applied to parcels with a total improvement square footage of less than 400 sq. ft. FBC Formula Examples: (note all CPG factors are estimated until adopted and presented at public hearing as required by RCW 52.26.230) Example 1: 2500 square foot single family building (no sprinklers). (Area * 18 * CF * ERF * CPG ) - Sprinkler Discount = FBC ( 50 * 18 * .08 * 1.1 * 0.197678) - 0% _ $156.56 Example 1a: 2500 square foot single family building (with sprinklers). (Area 18 * CF * ERF * CPG ) - Sprinkler Discount = FBC ( 50 * 18 * .08 * 1.1 * 0,197678 ) - 7.5% _ $144.70 ' 39 APPENDIX B ' Fire Benefit Charge Example 2: 13000 square foot apartment building (no sprinklers or alarm). , ( Area * 18 * CF * ERF * CPG ) - Sprinkler & Alarm Discount = FBC (114.02 * 18 * 1.60 * 1.50 * 0.197678) - 0% = $973.69 ' Example 2a: 13000 square foot apartment building (sprinklers and auto monitored alarm). ( Area * 18 * CF * ERF * CPG ) - Sprinkler & Alarm Discount = FBC , (114 02 * 18 * 1.60 * 1.50 * 0.197678) - 15% = $827.64 Example 3: 100,000 square foot commercial budding (light hazard and no sprinkler or alarm). ' ( Area * 18 * CF * ERF * HF * CPG) - Sprinkler & Alarm Discount= FBC (316.23 * 18 * 2.05 * 4 * 1.0 * 0.197678) - 0% = $9226.73 Example 3a: 100,000 square foot commercial building (light hazard and with sprinkler& auto monitored alarm) ( Area * 18 * CF * ERF * HF * CPG) - Sprinkler & Alarm Discount= FBC (316 23 * 18 * 2.05 * 4 * 1.0 * 0.197678) - 150/0 = $7,842.72 , Example 3b: 100,000 square foot commercial building (extra hazard 2 and no sprinkler or alarm). ( Area * 18 * CF * ERF * HF * CPG) - Sprinkler & Alarm Discount= FBC (316.23 * 18 * 2.05 * 4 * 1.4 * 0.197678) - 0% = $12,917.42 Example 3c: 100,000 square foot commercial building (extra hazard 2 with sprinkler& ' auto monitored alarm). ( Area * 18 * CF * ERF * HF * CPG) - Sprinkler & Alarm Discount = FBC (31.6.23 * 18 * 2.05 * 4 * 1.4 * 0.197678) - 15% _ $10,979.80 *** Revised: 01/05/2010 f 40 , APPENDIX C Kent Fire Department Organizational Structure OEM Emergency Mgmt Pr hon Division Chief Ds�o� Diw CM1ief Program gTnlnlstrabve Manager Assistant 2 _ ^v Emergency Atlministrahve � y __ Management Secretary 2 _ Spenali5t 'h brae _ � t ' _ Prop am AtlminisMtive _ _ .. Coortlma[or _ Secretary 1 � rfF __._ � v I -� Fire®Arran Dev Services CWe Enforce _ F— In [ga[i0n A4[F M A4f F M ' Contain Cao[ain Ca Main _Fire&0./ran Ccftf ed Plans Certfied _ FnefigM1ter Reviewer Inspectors _7 8 (z) (37 Iz) 42 ; PAGE LEFT INTENTIONALLY BLANK , f 43 ' APPENDIX D City of Kent Project Accounts ' The following are identified Fire Department Project Accounts, and their current estimated balances as of June 30, 2009 that we are recommending to not transfer to the RFA, but to stay with the City of Kent: • M2OOO88 Breathing Apparatus Cylinders - The RFA will fund the future SCBA ' purchases; the City of Kent would retain net $272,473 • V00025 BLS Transport - RFA Planning, net $14,128 510033500 Fleet Fire Equipment - Emergency Repair Fund $202,879 ' • F2OO18 Fire Security Fences - Net $50,223 • F2OO6O Remodel Washington Avenue Property - $140, 405 • Total estimated project revenue going to the City of Kent - $680,108 ' The following are identified fire department project accounts, and their current estimated balances as of June 30, 2009, that we are requesting to be transferred to the RFA effective July 1, 2010, with the actual balance on June ' 301, 2010 being transferred: • 1000.34600.0045 Community Fund (Donations from Citizens) Current Balance $5,887 • M2O044 Fire Radio Equipment - no funding by the City in 2010, the RFA ' would find the $125,000 in 2010 Current Balance Transferred $109,618 ' • VOOO2O Physical Fitness (Contract) Current Balance Net $46,150 ' • V00075 Training Equipment Current Balance Net $73,565 • FOOO15 Fire Maintenance Shop Renovation, current account Bob will release so we can order PPE this year, pay for SAFER grant, and order PPE for 2010 Current Balance Net $263,526 Total estimated funds as of June 30, 2009 that would be transferred to the ' RFA, with the fund balances on June 30, 2010 $498,746 44 PAGE LEFT INTENTIONALLY BLANK ' 1 -. 45 APPENDIX D City of Kent Financial Assets Transferred "s H H M E � q T ' N +[ ry N �n rn h r+ NQ pp11 Q ro n mm d� d, QQ roa d h' n' ebro ����ryry`` qry ¢ 1Op pq1 M ,�`Iy!� QW1 pp1{. CpJ O N r4 h W ? �t`Q{�� H p vote oO p� pp� [[}} O ry p ppQpp pp cNc�� O O rtppv 8818 p pM 888 ,11 } p pN �My Cy' pN ��f p J C66RJ OM pN Z= R a f O N C) S Q 8 M1 44Y � � 8 8 8 f 0 2 � O 8 8 8 8 8 4 8 1 1 O 8 O 6 O `��Q VVV `�i �tlb1 NN m mmrnmo�i mm 'gn ffi n ' L •N'1 N d N N M M 4 a a a a ¢ a E Q 6 > > b 1 Its ' U w 6 v a ,n 1 1 N M K H � -� N N N M H M H H rt .1 p rl H H �-} i4 n D ✓f Vl 1[I N b T as ¢i m m O �' � h h 1� eP Nro m M m rn m q C�v pl O m Si m S. O � U A PBH+ O C. Omf a m m m OH�i a m n! N m rn m m o P rn m m m N � ez MT M m M M "� N M`rn m /_/yy i _ ryM_ rcl rryn m M M =1 M M ryM_ m `nt M+.,.ti M W n N a !a Ni � .N4 A e�11 N " � ANY N r-1 rN4 N-1 rN-1 ti N N ti Q 88888888 888988988888888888888 8888SS8 8S 8888 *+ mmM m m mmmrnm mm - ro m im i Mm MM m n a m m 3 888888 $ 2, 8888888888888 .98888888 8888888 888888 P, 91 4� N m IIe m Ox O� P m N T T a N Or Ur N T P O� � a m C N � tls N P P+ N m P, Qi N rn v, ur rn � N IM+ A h � .he pMi .Nj � ti W OI O N rNV M N N N N N N IN � � tO �D W 01 O1 O81 Or O tC tO r0 rG �G � 1� � G N N N N M N N N N N N N N N N N N N N N N N N N N N N N N aN O H ry fn V ✓t 1�5 M ti » 1+ 8 .Ty M r.�Y N M rVI N b h O] Ot 101 .v N �Mp gyp oOOI qNv tM+ qMt P $} W yE rq v! go r Nh Q` eG tt �] O 4 O O O ri N . N N N N N ry rV t7 ry rV ry N eNv ry N N �O n t0 A Y M N N N SY 1 M N N N N N N N N N N ry N N N 0 n!$a5 aTt ffi ry E S8SS888a800008880oo888soo8 $" 0000 } 888 $ 88 ' o g ° { a8 $ & 58888 a$ 8858888888 $ 888888588L5888 $ S8 as 8888888 � C P P a Cr Gt 6, O1 P j A N O. Uri Sr 6. Or Q� Q. Q OHI QHi 4'r Qr 6. A M 6+ O+ O} T H tl T A A O1 O� O, ]y N N VHf N N N iL 4 mJ m iR W -� 46 1 APPENDIX D Financial Assets Transferred H N N } } N ,� � orn m � `r5oouo 'b` yw R win � � 33mM i Z pp M Np p M rvp� M .p� M M (} p p ppM. pp Mpp M pp M p Mp pp pp ^ p ^� q p UN p N C 6 � 8 $ $ Sd6 $ 8a] eC M OJ 6] O4bgOO 60 U O H OOO � mo� mmw JOI] mmIItmmm mmm mrnm mmmm as � m � b+ mm mm m mm mmm eNM1 N I h V � Ns n n a a v v oopp �pC O 2 h N M1 n K � r R h A R h h h 1+ M1 h h h y y A fi 2 66 n0. d R (ni h O¢ 2 6 2 (nl. °6,il 6 6 G t 6 4 •S 4 Q M1 � N Q 4 gcgrr E c E E " E E E F- y y µy Q N N N N N .W+ # ry rmi # vt r� R taMi w w Wrt uM. w W y� �y 1'1 M U1 lrtJ tR �G .D � V h 2P W W tC M M eT a\ 4 �h �1 .t1 V1 JI N 6 R (O h m N N N mmm mamammmmm mmma* � p� q °; pppe} �yoSo88e8SS � 8 � � `" � � � 5 � � Sm � mmm Qi Gr eT T R m 43f T m 6r R+ 6ry P 9Y P m cT tl. 9 Q 6 Q (5 O P H m m N H m P Hm O+ y m m N M1I �i.f +-1 NI N.� u4i 1 e`f� .-7 i j ."a M�.4� .+ •+'n n � N m m m � •+ n�=v} L~M1 O w .N�ih 6 H m .n .Ri n m .i°i m m = _ ^+H�•E M M M ert�f {t M A M IM1 Sn m _ \ i`Y M (a 'Yf ti N ti t f ) M M M y ei W .s N W'W W Y w ry .Ni N rN. tD eN9 � HNi .N-� eNi +V H W eNa V N N ti rJ�� ��J ✓� M!7* Q. r'+ W .Ni N .i ' a $ 88888S888SSBtF� � 888888888S88P8SS8 � $ 8 `� $ 'oaos $ 8888 $ 885888 N N N N N NM ✓1 ✓� ✓i N m N ✓� N V1 N m N N N N V1 N ✓1 W .t N m8 � 88S � 8 & 88 � 8o8S3oSrtOOp60ROP�; SS88 `e' €3F38 `a�` 8 $ $ 88 $ 8S5' SS � 88S a N .n N N Yl N ✓t �M1 N N N N N N N N N N N N �+t N Vi N N vHv of N N N N N J1 uM1 N Vf N VS OI m G1 P m m m m T m O1 m m N O� 45'1 M O N �p f6 9i R y Vi h O N M W O W •1 V4 n m h iC R h W N h h R h N} � M1 V� Vi y� iC W O1 O N M R Itl �O N N O1 , M O N � q M q R O M H G. ro ^+ < N A N 'D �`- M N N 'S # '4 h N .0 R � �T O N M •3 N b r M T ' �, .y N e1 H �^I ei H H N H N W O Q NN h N 6 O O O 6 f� m N ✓1 N vl N N N N N ry ry ry Ny N M M M M M N N N N N (V fM N N N N N 4 8888 $ 888888 � 8888888 � Qx8 � � � � yq 888 � � � � 588 � � 8 � � � � � � �� N N N N N N N N N N N N N N N N N N N N N N N N � 88888R888888888888888o $ 88 � SS8888882 � SR88888S8SS88SS8 � N ✓t N N N N V1 N tHit N V1 N N N V1 N N N N Yt N Vt V1 N N U5 N N J1 N v! N +n N N uF N uHt c1 Ci P O+ m N P T~ 4 6� a m m 6. r 47 --- -- ' APPENDIX D Financial Assets Transferred I d y m p y y M T VV 3 QM � b N r9 W � @ � �M Or fH. rt N •f' C ti � O n �h [O o5 S� K�Nv M m c w m m w a m m w cN-r c�i m fn m m m m m m m m m n w m rn a m a 4 a d C C W o a m N Q 41. N N ' Y L V V ' N b tl br O � � J w Q J "J O w F Q 6 n ane MO U+ th m rpl m M H 9 o un ''� a <ama � $ 3 g `g' oory $ 8 Sg 4 r�nii W 0 Q v E g H N c u s n a v c x � eci t C m N c A �� '^ a o ., a 'c c c n E a u m n o m v E .n E i i E t w 4 u c c > = U o a o Q v v 3 m m a v v v 4 J y N ti LL „ 9 G 'O O 6 O ec � 0 6 p H H ry N H o m w n x w a mmm m �a n M ,n �n n m c, am mmmm c. m m m rnmc, mo +Qi $ �u :n o, a n i§ hao a ',77;�r`�r Tu� �Z.io w o M�r?:i ?`�tii`-� *��i w ^-i `� `. .. N."•7 N`. `r ..r a` o:o : ..� i.� N N m�ti ry N N N M rr a/i N H N e] N ry N ry � H C' N M �ti t`tiS Q fl �t r1 rt rt r4 '1 e� M ti $ S88 $ Dose8S88888 $ 88888888 $ $ $ 8 $ 8' 8888858 $ aoSoB $ S8 $ $ 8 ei N N TI N ti -I 'i rt H 'r1 V1 M m M M M rry t M M M t M M M M M1 M M M M m M M m fe1 m M M M M M m ® 88 888 8S8a e $ s8s888888888a888888888888888880 $ 8S8 mmmm � a. mmmmmrnm '"mm mmm mmmmmmarna+ mmwmm mw m - - m m wrn mo+ ormwm v"imm c O �i N M 4 Yf +6 m m m •� N r q u'� 1D h W O. O �v N M d N N n W N $ r0 n h r h N h' �R N}S M M m M M M K p M1 Y q N p O Vf N N N J1 m N N y M M M Cvf� tl} VR VI VM1 Yi Ml VF ^ a/5 N N �7 N N N N N N V1 N N . ry N N n N N O N N N N N N N N N N N N ry N N N N N N N N N N [4 N N N N rel M M r•1 M 6z 2L, 2L p 1 CJ G G U o .r H ut m a m m o H w n .� N M N n N pp mm H in M of ry OQ M M a .r M M e+l N m M M M M M V H y p y ry C yr y p N VI N N N N rG �6 n V .-1 N O� O O rL H +'i r1 �p N ul y{ ¢f 4M1 N N tR Vt N N N Y1 ut V1 J1 VI N Yf V1 VI N ✓� ry ry ry ry 1!� ry V �p ry n Lfr O! W 4 (} M (� M y N N N N N N N N N N N N N N N N N N N N N N M N N N N N N ry N N N M M M M M Irl M C R Q 6 6_ 4_ yu E L $$ m y N R �N N N N QN N N N N N N N N N N r88 $ $ 888 $ 8888858 $ 8 $ 3S38oS2 $ 82088 $ 85888 � 3888 $ 8888 ~ ab $ 8 p mmmrnmamm mam mmc. mm m m m rn rnm arrn m mm mm wcrwwrn mmm mc+ mwmwv+ cr, m Z ,n a. a m G 48 1 � APPENDIX D Financial Assets Transferred � ! � \ ) � / ) @ / \\\ \ 4 ! ! : \ � a ƒ ! ! ! a ; § § £ ) k � k \ \ } ƒ ) � . . . ...r gg @ ' APPENDIX D Apparatus Transfers Over 1 Ton City of Kent Apparatus Transferring to the RPA- Over 1 Ton Vehicle # Year Make/Model VIN Division/Unit 701 1999 Freightliner Air Unit 1FV6HLCB1XHA78436 Operations 702 2003 Road Rescue Aid Car 1HTMRAAM13H555076 Operations 703 2003 Road Rescue Aid Car 1HTMRAAM33H555077 Operations ' 704 2005 MedTec Aid Car IHTMRAAL56H211388 Operations 705 2007 MedTec Aid Car 1HTMRAAL37H486498 Operations 706 2001 Pierce Quantum Pumper 4P1CT02S51A001533 Operations ' 708 2001 Pierce Quantum Pumper 4PICT02SZlAO01534 Operations 710 2004 Pierce Quantum Pumper 4P1CT02H44A004034 Operations 711 2006 Dodge Ram Pick-up 3D7LX38C46G244771 Operations 712 2005 Pierce Quantum Pumper 4P1CU01H65A004696 Operations 713 2006 Pierce Tiller Aerial 4PICUGH37AO06814 Operations 714 1986 Pierce Tender 1P9CT0IJPGA040163 Operations 715 1996 Smeal Aerial 44KFT6489TWZ18328 Operations 716 2009 Kentucky Trader Under Construction Operations 717 2009 Pierce Quantum Sky-Boom To be purchased July 2009 Operations 722 2009 Peterbilt Tractor To be purchased July 2009 Operations 724 1998 Ford Expedition 1FMPU18L9WLB44365 Operations 726 2007 Trail Blazer Decon Trader Operations 727 1989 Pierce Lance Pumper 1P9CT0IJOKA040772 Operations 728 1989 Pierce Lance Pumper 1P9CT02JOKA040785 Operations 729 2006 Top Hat Trader Pump Simulator Operations 730 1989 Pierce Lance Pumper 1P9CT02J8KA040808 Operations 732 1989 Pierce Lance Pumper 1P9CT02J8KA040810 Operations 733 1983 Portable Generator WA720165 Operations 744 1990 Bounder by Fleetwood 4CDB4XG29L2100215 Operations 760 1990 Hackney Isuzu Haz Mat 3ALM7A1N4M3200640 Operations 764 1995 Ford F350 Flat Bed 2FDKF38F2SCA66302 Operations 766 2001 Pierce Quantum Pumper 4P1CT02S21AO01535 Operations ' S0 , - APPENDIX D Apparatus Transfers Under 1 Ton Staff City of Kent Vehicles Transferring to the RFA- Under 1 Ton ' Vehicle # Year Make/Model VIN Division/Unit 756 Tork-Lift Foam Trailer Operations ' 7102 2006 Ford Expedition 1FMPU16566LA68964 Fire Administration 7104 2006 Ford Expedition 1FMPU16516LA68967 Fire Administration 7106 2007 Ford Expedition 1FMFU16537LA65176 Fire Prevention , 7122 2006 Ford Expedition 1FMPU165X6LA68966 Fire Administration 7203 2006 Ford Expedition 1FMPU16586LA68965 Emergency Management 7204 2008 Ford F250 Pick-up Truck 1FTSW21R68ED99835 Operations (Logistics) , 7205 2008 Ford F250 Pick-up Truck 1FTSW21R28ED99833 Fire Investigation 7206 2008 Ford Escape Hybrid 1FMUC59379KB00458 Public Information Officer 7218 2005 Dodge Grand Caravan 1D4GP23R85B130705 Logistics , 7231 2006 Chevolet Silverado Pick-up 1GCEC19V76E225819 Logistics 7516 2008 Ford F250 Pick-up Truck IFTSW21528EA62933 Fire Training 7603 1998 Dodge Caravan 1B4GT44L6WB678442 Fire Training , 7606 2000 Ford Crown Victoria 2FAFP71WOYX197966 Fire Training 7608 1998 Jeep Cherokee 134FJ28S8WL226443 Fire Prevention 7610 2000 Chevrolet Lumina 2GlWL5233Y1285435 Fire Prevention 7611 1995 Ford3/4 Ton Pick-up 1FTHX26G8SKA36752 Operations (Tows Boat) 7612 1995 Chevrolet 8 Pass. Van 1GNEL19W9SB216227 Fire Prevention 7614 2001 GMC Safari Van 1GKEL19W21B515831 Fire Prevention 7619 2001 GMC Safari Van 1GKEL19W71B515856 Fire Training 7620 2001 Ford Crown Victoria 2FAFP71W41X181338 Logistics 7621 1995 GMC Safari Van 1GTDM19W2SB543120 Logistics 7624 1997 Ford Taurus 1FALP52U6VA209241 Emergency Management 7627 1997 Ford Taurus 1FALP52UXVG222698 Fire Prevention 7630 1999 Jeep Cherokee 114FF28S1XL610521 Fire Prevention 7633 2000 Ford Ranger 4x4 1FTZR15X8YPB20396 Fire Prevention 7634 2000 Ford Ranger 4x4 1FTZR15X6YPB20395 Fire Prevention 7635 2000 Jeep Cherokee 114FF28S5YL219518 Fire Investigation 7636 2000 Chevolet Astro Van 1GCDL19W7YB185413 Public Education 1 1 1 i i r 51 ' APPENDIX D Station Transfers City of Kent- 6 Stations City of Kent Location Address Parcel # Lot Size Building Size Station 71 504 W. Crow Street, Kent, WA 98032 9197100092 1 05 acres 10,858 Sq. Ft Station 72 25620 140 Ave. SE, Kent, WA 98042 2722059161 0.92 acres 7,772 Sq. Ft 1 Station 73 26512 Military Road S., Kent, WA 98032 2722049014 7.00 acres 13,000 Sq. Ft Station 74 24611 116 Ave SE, Kent, WA 98030 2022059126 8.66 acres 26,653 Sq. Ft Station 75 15635 SE 272 Street, Kent, WA 98042 3522059180 4.18 acres 13,775 Sq. Ft ' Metal Budding 15635 SE 272 Street, Kent, WA 98042 3522059180 See St 75 1,350 Sq. Ft Station 76 20676 72 Ave. S., Kent, WA 98032 6314400101 2.80 acres 13,104 Sq. Ft Dnll Tower 24523 116 Ave. Se, Kent, WA 98030 2022059126 See St. 74 4,652 Sq. Ft IPolice/Fire Training Center 24523 116 Ave. Se, Kent, WA 98030 2022059126 See St. 74 See St. 74 Vehicle Maintenance Facility 20678 72 Ave. S , Kent, WA 98032 6314400101 See St. 76 10,865 Sq. Ft Future Fire Station Site 407 N. Washington Ave., Kent, WA 98032 5436200503 1.22 acres 3,464 Sq, Ft 52 APPENDIX D ' King County Fire District 37 Staff KCFD#37 Vehicles Transferring to the RFA- Under 1 Ton , Vehicle # Year Make/Model VIN Division/Unit 700 1993 Chevolet Suburban 1GCGK26N8PJ371578 Vehicle Maintenance 707 2003 Ford Pick-up 1FTSX31P3EC91395 Vehicle Maintenance 709 2003 Ford Expedition 1FMPU16L63LC14452 Operations 7100 2008 Ford F250 Pick-up Truck 1FTWW31558EC53950 Emergency Management , 7202 2008 Ford Escape Hybrid 1FMCU59H48KD75523 Fire Prevention (Planning) 7625 2000 Chevolet Astro Van IGNEL19WOYB184695 Fire Prevention (Planning) 7628 1997 Chevolet Astro Van 1GCDM19W5VB216621 Public Education 7629 1998 Jeep Cherokee 114FJ68S8WL230516 Crisis Intervention Coordinator 7632 1999 GMC Safari Van 1GKEL19W4XB536852 Emergency Management 9904 2006 Ford Expedition 1FMPU16576LA72747 Admnistration/Support Services 9912 2006 Wells Carge Trader 1WC200E2854058325 Public Education KCFD#37 Vehicles Transferring to the RFA- Over 1 Ton Vehicle # Year Make/Model VIN Division/Unit 718 2009 Pierce Quantum Sky-Boom To be purchased 2009 731 1989 Pierce Lance Pumper 1P9CT02JXKA040809 Operations 735 2008 Wooldridge 20' Boat Operations 754 1991 Rescue Boat &Trader Operations , 767 2001 Pierce Quantum Pumper 4P1CT02S21A001561 Operations KCFD#37 Trailers Being Transferred to the RFA Vehicle # Year Make/Model YIN Division/Unit 7101 Hallmark Shelter Trader Emergency Management 7201 CERT Trailer Emergency Management If 53 APPENDIX D King County Fire District 37 KCFD#37 Facilities Transferring to the RFA KCFD#37 Location Address Parcel # Lot Size Building Size Station 77 20717 132 Ave. SE, Kent, WA 98042 422059095 1.98 acres 15,900 Sq. Ft Station 78 17820 SE 256 Street, Kent, WA 98042 2422059064 3.10 acres 17,685 Sq. Ft Emergency Management 24523 116 Ave. Se, Kent, WA 98030 2022059126 See St. 74 1,200 Sq. Ft Emergency Management 24523 116 Ave. Se, Kent, WA 98030 2022059126 See St. 74 200 Sq. Ft. Emergency Management 24523 116 Ave. Se, Kent, WA 98030 2022059126 See St. 74 160 Sq. Ft. Future Fire Station Site - 79 Parcel A 822059042 Future Fire Station Site - 79 Parcel B 822059121 1 1 1 1 54 1 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE 1 D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES i 1 t ' KENT WA9 MIW 6 'AM OPERATIONS COMMITTEE MINUTES DECEMBER 81 2009 Committee Member Present: Debbie Raplee, Tim Clark and Les Thomas jThe .meeting was called to order by Tim Clark at 5:03 p.m. I. APPROVAL OF MINUTES DATED DECEMBER 1 2009 Thomas moved to approve the minutes of the December 1, 2009 Operations Committee meeting. Raplee seconded the motion, which passed 3-0. 2. MOVE TO RECOMMEND COUNCIL ADOPT THE PROPOSED ORDINANCES AUTHORIZING AN INCREASE IN THE PROPERTY TAX LEVY AND LEVYING 1 THE PROPERTY TAX FOR COLLECTION IN 2010. Finance Director Bob Nachlinger provided a revised motion sheet and ordinance 7 amending the ordinance in the packet. This is due to receiving final assessed valuation numbers from King County. Have amended the motion and ordinance to reflect those final numbers. The actual tax rate that had assumed a $2.358 went down to $2.353, a reduction of about $30,000 in total property taxes advised that State law requires two separate ordinances to authorize the City's property tax. State law provides that the limit factor used by a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent of the previous maximum allowed tax levy, or 100 percent, plus inflation. Historically, the City has imposed the 101 percent limit factor each year since it became law. Due to a drop in inflation, the limit factor used to collect property taxes in 2010 could decrease. With already decreasing revenues from sales tax, permit fees, and the lack of development and new construction, reduced property tax revenues would impact the City's decreasing budget revenues resulting in further reductions to City services. Therefore, staff recommends that Council include a finding that a substantial need exists pursuant to RCW 84.55,0101 to maintain a limit factor of 101 percent. In order to authorize the limit factor, Council must adopt the ordinance by a majority vote, plus one. The first ordinance authorizes an increase in the regular property tax to 1% over the previous maximum allowed tax levy. The second ordinance levies the tax for collection in 2010. The estimated levy is $27,649,944 for the General Fund and $600,000 for the Voted Debt Levy, for an estimated total of $28,249,944. The proposed property tax ordinances are being presented to the full City Council for discussion the same night that they are presented to the Operations Committee, BUDGET IMPACT: The revenue generated by the proposed property tax levy rate has been taken into consideration in preparing the 2010 budget for Council consideration. Raplee moved to recommend Council adopt the proposed ordinances authorizing an increase in the property tax levy and levying the property tax for collection in 2010. Thomas seconded the motion, which passed 3-0. Operations Committee Minutes December 8, 2009 Page: 2 3. MOVE TO RECOMMEND ADOPTION OF AN ORDINANCE ADOPTING THE 2010 BUDGET. Finance Director Bob Nachlinger provided a new motion sheet for adoption of the budget. It incorporates changes received from the Councils Saturday workshop. Have a 011/c COLA for employees, maintained $1 million for flood fight, project 8.1% fund balance, and adding back in Prosecutors position. Nachlinger advised that this ordinance adopts the 2010 budget. The budget to be adopted is summarized in Exhibit A. It includes the Preliminary Budget document as amended by Exhibit B, which includes all adjustments made to the Preliminary Budget since its original publication and amends the authorized Employee Full-Time Equivalent count as presented at the December 2, 2009 workshop, BUDGET IMPACT: 2010 BLI*jet. EACKGROUND: Council has hold two public hearings and three workshops on the 2010 budget. All amendments in Exhibit B have been reviewed by the Operations Committee. Adjustments related to the actual property tax levy will be incorporated as soon as we receive final numbers from King County. Thomas questioned getting to 8.1% fund balance when previously projected a week ago at only 7.2°/n. Nachlinger responded that moving slowly bark to 8.10lo as projected in budget, won't have final fund balance until after the end of February. Clark asked questions regarding the affect on the budget should the RFA not be approved by voters. Chief Administrative Officer John Hodgson responded to Clark's question, explaining that the 2010 budget assumes the Fire Department is not in the RFA So whatever is adopted for the Fire Department in the 2010 budget is their budget. The fire benefit charge does not take effect until 2011. Thomas questioned Hodgson regarding reaching the 8.1% Fund balance and the possibility of future layoffs, Hodgson responded that the books on 2010 would not be closed until the end of February and that would be the soonest that they would know did we get to the 8.1% or are we shy of it and that is when adjustments would be made up or down. Raplee moved to recommend adoption of an ordinance adopting the 2010 budget. Clark seconded the motion, which passed 2-1. Thomas opposed. 4. MOVE TO RECOMMEND/DO NOT RECOMMEND UPDATING THE CAPITAL FACILITIES ELEMENT OF THE KENT COMPREHENSIVE PLAN AND CHAPTER 12,13 KENT CITY CODE TO INCORPORATE THE 2009/10 — 2014/15 CAPITAL FACILITIES PLANS OF THE KENTr FEDERAL WAY AND AUBURN SCHOOL DISTRICTS, INCLUDING UPDATED SCHOOL IMPACT FEESr AS RECOMMENDED BY STAFF. Economic and Community Development Planning Manager Charlene Anderson noted that the Kent City Code provides for imposition of school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans. The Kent, Federal Way and Auburn School Districts submitted their updated Capital Facilities Plans to the City of Kent 3 Operations Committee Minutes December 8, 2009 Page: 3 and are proposing to amend school impact fees. Anderson further noted that the City Council held the required public hearing on November 17, 2009, at the same j time as the second public hearings for the budget and the City's 6-year Capital Improvement Plan. The proposed Capital Facilities Element of the Kent Comprehensive Plan and Chapter 12.13 Kent City Code to incorporate the 2009/10 - 2014/15 Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts, including updated School Impact Fees, as recommended by staff ordinances are being presented to the full City Council for discussion the same night that they are presented to the Operations Committee. BUDGET IMPACT: None BACKGROUND: One of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support developi-nent are a6equate and timely to serve the development without decreasing current service levels below minimum standards. The Art (RCW 36.70A.070) requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities, RCW 82.02,050 authorizes cities planning under the Growth Management Act to impose impact fees on development activity as part of the financing for public facilitiws, needed to serve new growth and development As a result, KCC 12.13,080 and 090 provide for imposition of school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans (KCC 12,13.060 & 070). The Kent, Federal Way and Auburn School Districts submitted their 2009/10 - 2014/15 Capital Facilities Plans and are requesting amendments of the Kent Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to impact fees resulting from new student population generated by new single family and multifamily residential development. The updated plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, expected funding, and calculation of the impact fees according to the formula set forth in KCC 12,13,140. The Kent School District proposes to increase their existing school impact fees for single family units from $5,304 to $5,394 (an increase of $90 or 1.7%) and for multifamily units from $3,266 to $3,322 (an increase of $56 or 1.7%). The Federal Way School District proposes to decrease their existing school impact fees for single family units from $4,017 to $3,832 (a decrease of $185 or 4.6%) and increase their fees for multifamily units from $1,733 to $2,114 (an increase of $381 or 22.0%), The Auburn School District proposes to increase their existing school impact fees for single family units from $5,374.64 to 55,432.70 (an increase of $58.06 or 1.1%) and increase their fees for multifamily units from $877.02 to $1,184.71 (an increase of $307.69 or 35.1%). The only area in Kent where Auburn School District's impact fees are applied is the Verdana or Bridges PUD on the former impoundment reservoir site. Please refer to your November 17, 2009 City Council agenda packet for the school district capital facilities plans, environmental determination, comparison charts, and applicable code sections, Included in today's packet is the DNS and Addendum for the Federal Way School District. Staff will be available at the December 8`r' committee meeting to answer questions. The Committee raised questions which Anderson responded to. � 4 Operations Committee Minutes December S, 2009 Page: 4 Thomas moved to recommend updating the Capital Facilities Element of the Kent Comprehensive Plan and Chapter 12.13 Kent City Code to incorporate the 2009/10 — 2014/15 Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts, including updated School Impact Fees, as recommended by staff. Raplee seconded the motion which passed 3-0. 5. MOVE TO RECOMMEND/DO NOT RECOMMEND UPDATING THE CAPITAL FACILITIES ELEMENT OF THE KENT COMPREHENSIVE PLAN TO INCLUDE THE 2010-2015 CAPITAL IMPROVEMENT PLAN, AS RECOMMENDED BY STAFF. Economic and Community Development Planning Manager Charlene Anderson advised that the Kent City Cade allows update of the Capital Facilities Element of the Kent Comprehensive Plan concurrent with the adoption of the City budget. The Capital Facilities Element includes the City's 6-year financing plan, which is updated annually. Anderson further advised that the City Council held the required public hearing on this proposed update to the Kent Comprehensive Plan on November 17, 2009, at the same time as the second public hearings for the budget and the City's 6-year Capital Improvement Plan. The proposed Capital Facilities Element of the Kent Comprehensive Plan to include the 2010-2015 Capital Improvement Plan ordinance is being presented to the full City Council for discussion the same night that it is presented to the Operations Committee. BUDGET IMPACT: None BACKGROUND: One of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards. The Act (RCW 36,70A.070) requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities needed in the future. The 2010-2015 Capital Improvement Pian is being considered at the December Sth Operations Committee meeting and is proposed also to update the Capital Facilities Element of the Kent Comprehensive Plan. Staff will be available at the December Sth committee meeting to answer questions. Raplee moved to recommend updating the Capital Facilities Element of the Kent Comprehensive Plan to include the 2010-2015 Capital Improvement Plan, as recommended by staff. Thomas seconded the motion which passed 3-0. T e eeting ad ? urned at 5:20 p.m. r �r J� Nancy Cld Operatioo.$ Committe 'Secretary 1 • � KENT WnbHING10n PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES November 9, 2009 Committee Members Chair Jamie Danielson, Les Thomas, Deborah Ranniger Danielson called the meeting to order at 5.00 p.m. 1. APPROVAL OF MINUTES Thomas MOVED and Ranniger SECONDED to approve the Minutes of October 12, 2009. Motion CARRIED 3-0. 3. 2009 ANNUAL DOCKET REPORT f Dkt-2009-11 Planner William Osborne stated that staff recommends moving Dkt-2009-1 forward as part of the work program for the 2011 update of the Comprehensive Plan, to allow staff time to evaluate potential implications associated with policies and regulations, Jobs and housing targets, transportation funding, and designated urban centers. Osborne stated that the 2011 GMA-mandated update is likely to begin in the second half of 2010. Osborne indicated that building heights in the Downtown Commercial Enterprise (DCE) Zone are unlimited, but the historic core of Downtown is zoned Downtown Commercial (DC) and is limited to four-stories and 65 feet in height. Michael Johnson, 436 Jason Avenue N, Kent, WA stated that he submitted Docket 2009-1. He questioned what the City's process is with handling his submittal. He voiced opposition that this docket be considered as part of the 2011 Comprehensive Plan Update process He asked staff to consider this proposal on its own on a fast-track Johnson stated that he is concerned about protecting single family residential neighborhoods from the encroachment of any commercial development without height restrictions in place. Planning Director Fred Satterstrom stated that the docket proposal has merit. He stated that the docket would be more efficiently and effectively dealt with through the broader context of the Comprehensive Plan However, if the docket were handled separately, it is likely it would be completed a few months sooner than if it were incorporated into the 2011 j Comprehensive Plan Update process. Planning Manager Charlene Anderson clarified that the Zoning Code regulates height, that the Design Guidelines don't regulate height but that they regulate design. After deliberating, the Committee concluded that Docket 2009-1 should be considered separately from the Comprehensive Plan Update process. 1 Ranniger MOVED to modify staff's recommendation to approve the 2009 annual docket report and move it through as a stand-alone item separate from the Comprehensive Plan. Thomas SECONDED the Motion. Motion Carried 3-0 Adiournment Chair Danielson adjourned the meeting at 5.50 p.m. Pamela Mottram Planning & Economic Development Committee Secretary P\P1anning\PEDC\2009\Minutes\Nov 09 09_PEDC Min doa `•/ KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES November 10, 2009 COMMITTEE MEMBERS: Les Thomas, Jamie Danielson, and Ron Harmon, Chair The meeting was called to order by Chair Harmon at 5:08 PM. 1. Approval of Minutes L. Thomas moved to approve the minutes of the October 13, 2009 meeting. The motion was seconded by J. Danielson and passed 3-0. 2. In-Car Video System — INFO ONLY Chief of Police Steve Strachan and IT Technical Services Manager Paul Dunn gave a presentation on a test system from a vendor which is currently in one of the patrol vehicles. The purchase of a large server by IT will coincide with the purchase of an in-car video system in order to provide the required amount of video storage. 3. Washington Traffic Safety Commission grant - ACCEPT Chief Strachan stated the grant funds provide reimbursement of officer overtime for DUI enforcement under the "Drive Hammered Get Nailed" program. J. Danielson moved to recommend authorizing the Kent Police Department to accept the Washington Traffic Safety Commission grant in an amount not to exceed $6,000. The motion was seconded by L. Thomas and passed 3-0. 4. Washington Association of Sheriffs and Police Chiefs grant - AUTHORIZE Chief Strachan explained the funds will be used to purchase equipment for the Traffic Unit and collision investigation software. L. Thomas moved to authorize the Kent Police Department to apply for the Washington Association of Sheriffs and Police Chiefs Traffic Safety grant in the amount of $8,815. The motion was seconded by J. Danielson and passed 3-0. S. King County Community Organizing Program mini-grant — AUTHORIZE Chief Strachan explained the funds will be used for the upcoming Youth Conference. J. Danielson moved to authorize the Kent Police Department to apply for a King County Community Organizing Program mini-grant in the amount of $1,000. The motion was seconded by L. Thomas and passed 3-0. 6. Safe Rental Housing Program Background Check Requirement — ADOPT Chief Strachan explained the purpose of the proposed revision to the Kent City Code. Following discussion, the Committee asked that Chief Strachan share some of their concerns and recommendations with the Deputy City Attorney, table this amendment and return with a revised amendment at a future meeting. L. Thomas moved to table the proposed amendment. The motion was seconded by J. Danielson and passed 3-0. 7. Annexation — INFO ONLY Chief Strachan stated that since the Panther Lake Annexation was approved by the voters the police department will begin becoming more familiar with the area which includes several schools. He will bring a staffing plan to a future meeting prior to July 1st 8. Interlocal Agreement Relating to Fire Prevention — AUTHORIZE Fire Chief Jim Schneider explained the agreement would allow the City of Kent to perform fire prevention services to the City of Covington. The estimated revenue to the City of Kent would be $45,000. I Danielson moved to recommend that Council authorize the Mayor to sign the Interlocal Agreement Between the Cities of Kent and Covington Relating to Fire Prevention and place this on the November 17, 2009 Consent Calendar. The motion was seconded by L. Thomas and passed 3-0. 9. Presentation of Fire Department 2008 Emergency Response Performance Report - INFO ONLY Chief Schneider distributed copies of the report and emphasized several performance objectives. He spoke about the increase in population, traffic and calls for service. Chief also spoke about the number of stations, staffing plans, equipment, and specific types of service performed by the Fire Department The meeting adjourned at 6:36 PM. Jo Thompson, Public Safety Committee Secretary 1 i Public Safety Committee Minutes 2 November 10, 2009 1 PUBLIC WORKS COMMITTEE MINUTES Monday, December 07, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee was absent. Committee Members Ron Harmon and Les Thomas were present. The meeting was called to order at 4.02 p.m. Harmon received concurrence on all items from Raplee prior to the meeting. ITEM i — Anoroval of Minutes Dated November 16, 2009: Committee Member Thomas moved to approve the minutes of November 16, 2009. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. ITEM 2 — Aspect Consulting/Environmental Legal Services for the Landsburg Mine Site: Public Works Director Tim LaPorte noted that this work is a continuation of work being done with the Landsburg Mine site which is being addressed by the Department of Ecology and its Toxics Cleanup Program. The consultant is making great headway with the principal agencies, however, more work is required. He asked that the services of Aspect Consulting be retained in order for them to continue to provide overall guidance during the development of the Clean-up action plan to be issued by the Department of Ecology. Thomas moved to recommend the Council authorize sign the Mayor to Amendment No. 1 to the consultant services agreement with Aspect Consulting for environmental legal services related to the Landsburg Mine site in the amount of $31,979 for a total of $80,596. The agreement is subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. ITEM 3 — RaoidRide Agreement with King County Metro: Public Works Director, Tim LaPorte, introduced Transportation Engineering Manager Steve Mullen who asked that item RapidRide Agreement with King Count Metro and item 4 RapidRide Fiber Optic Project Agreement with King county Metro. Harmon asked Mullen what the difference between Metro Sound Transit and RapidRide are and about the funding. Mullen explained the differences and explained that the funding of RapidRide is funded entirely by King County Metro. This agreement establishes a cooperative framework for the City to work with King County Metro, to provide a new, more efficient bus service on Pacific Highway South (SR 99) in Kent. It also provides the City with traffic signal controllers for the signalized intersections we operate on Pacific Highway South. Thomas moved to authorize the Mayor to sign the RapidRide Agreement with King County Metro, to provide a new, more efficient bus service on Pacific Highway South (SR 99) to Kent. The agreement is subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. r 2 PUBLIC WORKS COMMITTEE MINUTES Monday, December 07, 2009 ITEM 4 - RapidRide Fiber Optic Proiect Agreement with King County Metro: i Transportation Engineering Manager Steve Mullen explained that the RapidRide Fiber Optic Agreement with King County Metro will specify the roles and responsibilities regarding the installation and maintenance of a new fiber optic communication network along the Pacific Highway South (SR 99) route of RapidRide Service He further noted that the fiber optic will gather information which will display when the next bus will arrive and will coordinate the traffic buttons. Thomas moved to authorize the Mayor to sign the agreement between the City of Kent and King County Metro on the Design, Construction and Ownership, and Maintenance of the A-Line RapidRide Fiber Optic Project. The agreement is subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. ITEM 5 - Horseshoe Bend Levee Improvements Proiect/Department of Ecology Grant: Tim LaPorte, Public Works Director, introduced Mark Madfai who shared that the City has secured a $10 million grant from the Department of Ecology for levee reconstruction work that will involve setting back the top of the levee from the toe of the Green River channel which would slope the riverbank at a more gradual angle Funds from this Grant would be used for project administration, site survey, Right of way plans, property acquisition, demolition, design plans, project permits and construction. LaPorte made note that this item will be brought to the December 8, 2009 Council Agenda under Other Business. Thomas moved to recommend that the Mayor be authorized to execute Grant Agreement No. G1000333 between the Department of Ecology and the City of Kent which will provide ten million dollars for the Horseshoe Bend Levee Improvements. The terms and conditions of the Agreement will be subject to the concurrence of the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. ITEM 6 - Contract w/AECOM for the Horseshoe Bend Levee Improvement Proiect: The Horseshoe Bend Levee Improvement Project involves repairing approximately 9,875 LF of the right bank of the Green River Installing trees and shrubs and an 8' high concrete wall on the back and top of the levee will increase habitat for Chinook and other salmonids and restore floodplain functions. AECOM will provide structural engineering support to Geoengineers to develop alternate levee cross sections that include retaining walls. A portion of the $9,800,000 grant from the Washington State Department of , Ecology will be used to pay for this consultant services contract. Thomas moved to recommend Council authorize the Mayor to sign the Consultant Services contract with AECOM to provide structural engineering services with regard to retaining walls required as part of the Horseshoe Bend Levee in the amount of $34,676.01, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. 3 PUBLIC WORKS COMMITTEE MINUTES Monday, December 07, 2009 ITEM 7 — Contract w/AMEC Geomatrix. Inc. for the Horseshoe Bend Levee Improvements Proiect: Tim LaPorte, Public Works Director, introduced Mark Madfai Design Engineering Supervisor. Madfai noted that the Horseshoe Bend Levee Improvements Project involves reconstruction of the Green River Levee. The levee reconstruction work will involve setting back the top of the levee from the toe of the Green River channel which would slope the riverbank at a more gradual angle. The levee will be rebuilt with structural materials which meet FEMA standards for 100 year flood levee certification. AMEC Geomatrix, Inc. would perform an Archaeological Reconnaissance Survey the full length of the project. Thomas moved to recommend Council authorize the Mayor to sign the Contract with AMEC/Geomatrix, Inc. for an Archeological Reconnaissance Survey and report in the amount of $21,142.00 subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. I ITEM 8 — Cancel Public Works Committee Meeting for December 21, 2009: Tim LaPorte, Public Works Director asked that the December 21, 2009 PW Committee meeting be cancelled due to the time of year. I Thomas moved to cancel the Public Works Meeting of December 21, 2009. The motion was seconded by Harmon and passed 3-0, Raplee's concurrence. ITEM 9 — Information Only/Solid Waste Provider Status: Kelly Peterson, Environmental Conservation Supervisor gave a brief PowerPoint presentation regarding Garbage, Recycling, Yard & Food Waste Collection He explained that the Request for Proposals have been turned in. The existing contracts with Allied Waste (Primarily Residential) and Waste Management (Commercial) will both expire on March 21, 2011 and that the new request for proposal is for 7 years with two 2 year extensions possible at the sole discretion of the City Council. He further noted that the new contract will not include the annexation area. Peterson went over what has taken place to date and what the remaining schedule is Information Only/No Motion ITEM 10 — Information Only/Smith & Lincoln Intersection Improvement. Chad Bieren, Engineering Supervisor reminded committee members that this item was discussed in August of 2009 Bieren went on to explained that the City was successful in receiving a $659,841 federal grant through the Puget Sound Regional Council (PSRC) under the 2004 Smart Growth Initiative program to improve the Smith Street/Lincoln Avenue intersection. The intersection improvements would include a new traffic signal and left-turn lane. Due to budgetary constraints the project has been delayed a second time. The agency administering the grant funds, PSRC, has warned that the City needs to spend the grant or return it. The only avenue for keeping the grant is to budget for the City's share of 4 PUBLIC WORKS COMMITTEE MINUTES Monday, December 07, 2009 project costs in the 2010 budget or form an LID; which would need to be obligated by 1 June of 2010, otherwise, the federal grand funds need to be returned. Information Only/No Motion Required ITEM 11 — Information Only/Puget Sound Watershed Management Assistance Grant: Tim LaPorte, Public Works Director introduced Mike Mactutis who explained the U.S. Environmental Protection Agency has issued a Request for Proposals (RFP) soliciting proposals from eligible entities to support the protection and restoration of high value, Puget Sound aquatic resources in areas threatened by growth. EPA anticipates awarding up to fifteen cooperative agreements under this RFP. Awards will range from approximately $300,000 to $1,000,000 in Federal funds and have a project period of two to four years Mactutis further explained that the total amount available for all awards is approximately $10 million dollars. Applicants must provide a statutory non-federal match Information Only/No Motion Required Committee members invited everyone to attend the December 15, 2009 228th Street Grade Separation Opening. Information can be found on the City's website. Adiourned: The meeting was adjourned at 5:17 p.m. The Next Regularly Scheduled Meeting of December 21 2009 was cancelled: Next Scheduled Meeting: Monday, January 4, 2010 Cheryl Viseth, Public Works Committee Secretary i CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION i i l i j � i 1 i