HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/18/2012 CITY OF KENT
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Agenda
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September 18, 2012
Mayor Suzette Cooke
Dennis Higgins, Council President
Councilmembers
Elizabeth Albertson
m Bill Boyce
Jamie Perry
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Dana Ralph
u Deborah Ranniger
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Les Thomas CIFY CLERK
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KENT CITY COUNCIL AGENDAS
KENT September 18, 2012
W>_HI. �N Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President
Elizabeth Albertson Bill Boyce Jamie Perry
Dana Ralph Deborah Ranniger Les Thomas
**********************************************************************
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Green River Levee Update Tim LaPorte 45 minutes
**********************************************************************
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. 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. Kent School District Award Presentation
D. Proclamation - National Public Lands Days at Park Orchard Park
E. Proclamation - Mayor's Day of Concern for the Hungry
F. Proclamation - National Recovery Month
G. Proclamation - Kent Crop Hunger Walk - Dine Out Day
H. Public Safety Report
I. Intergovernmental Reports
5. PUBLIC HEARINGS
A. 2013-2014 Biennial Budget (First Public Hearing)
B. 2013-2018 Capital Improvement Plan (First Public Hearing)
6. PUBLIC COMMENT
(Continued)
COUNCIL MEETING AGENDA CONTINUED
7. CONSENT CALENDAR
A. Minutes of Previous Meeting — Approve
B. Payment of Bills — None
C. Cintas Corporation Linen and Uniform Services Agreement — Authorize
D. Washington Traffic Safety Commission Grant — Accept
E. Interlocal Agreement with Chelan County for Jail Services — Authorize
F. 2012 Emergency Management Performance Grant — Accept
G. DUI Cost Recovery Ordinance Amending Kent City Code 9.36 — Adopt
H. Public Works Trust Fund Loan — Approve
I. Schmaltz Short Plat Bill of Sale — Accept
J. Eastmont Bill of Sale — Accept
S. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Regional Library. The Agenda Summary page and
complete packet are on the City of Kent web site at www.KentWa.gov
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. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) Green River Levee Update
CHANGES TO THE AGENDA
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
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) Kent School District Award Presentation
D) Proclamation - National Public Lands Days at Park Orchard Park
E) Proclamation - Mayor's Day of Concern for the Hungry
F) Proclamation - National Recovery Month
G) Proclamation - Kent Crop Hunger Walk - Dine Out Day
H) Public Safety Report
I) Intergovernmental Reports
�I
PROCLAMATION
WHEREAS, one-third of America's lands are in public hands; and
WHEREAS, National Public Lands Day began in 1994 to keep the promise of the Civilian
Conservation Corps, the three million Americans that worked from 1933-42 to
preserve and protect America's natural heritage; and
WHEREAS, last year more than 170,000 volunteers worked in nearly 2,100 locations in every
state, including right here in Kent, equating to $15 million in time and in-kind
contributions; and
WHEREAS, Kent Parks, Recreation and Community Services Department is dedicated to
enriching lives by providing safe and inviting parks, open spaces and facilities;
and
WHEREAS, connecting with others and working together through volunteer service
unite the diverse groups in our community to undertake and complete a
successful project; and
WHEREAS, the City of Kent and volunteers in the Kent community can once again join
together for a common goal to improve facilities in Kent and keep the toll of
invasive species from rising;
NOW THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim September
29, 2012 as
National Public Lands Days at Park Orchard Park
in the City of Kent, Washington, and I encourage all citizens to join me in recognizing that every
citizen can play a role in the stewardship of our environment.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to be
affixed this 18th day of September, 2012.
S 4ettb Cooke, Mayor
I KENT
l�f WASHINGTON
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PROCLAMATION
Whereas, the City of Kent recognizes adequate nutrition as a basic goal for
each citizen; and
Whereas, no parent should have to send a child to school hungry, no baby
should be without the comfort of the feedings needed for mental and
physical growth, no elderly person's health should be jeopardized by
lack of appropriate foods; and
Whereas, food banks, emergency and hot meal programs stretch resources and
strive each day to stem the rising tide of hunger, but still need more
help; and
Whereas, we believe that when Kent citizens learn of the especially serious
needs of the hungry as winter approaches and budgets are stretched
further to increasing costs--an outpouring of community assistance
will follow; and
Whereas, the Emergency Feeding Program coordinates an annual food drive to
help support the efforts of their program and the area's food banks in
fighting hunger, and will be held at grocery stores throughout King
County on Saturday, September 22, 2012;
NOW THEREFORE, I, Suzette Cooke, Mayor of Kent, do hereby proclaim
September 22, 2012 as
MAYOR'S DAY OF CONCERN FOR THE HUNGRY
In the City of Kent, Washington, and I encourage all citizens to join with the
Emergency Food Program and our food banks to help feed those who are hungry.
Donate food and volunteer for a shift at a participating store on September 22nd.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to
be affixed this 18th day of September 2012.
Suz�tt Cooke, Mayor
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w` KENT
i WA9HINOTON
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PROCLAMATION
WHEREAS, behavioral health is an essential part of health and one's overall wellness, and
prevention works, treatment is effective, and people can and do recover from substance use
and mental disorders; and
WHEREAS, all people have fundamental and inherent value to be accepted and treated with
respect, human dignity, and worth; and
WHEREAS, individuals should have access to fully participate in community life including
economic advancement and prosperity; fair and decent housing; quality education; positive
opportunities to benefit from and contribute to material, cultural, and social progress; and
WHEREAS, it is critical to educate our policymakers, friends and family members, health care
providers, and businesses that substance use and mental disorders are treatable, and that
people should seek assistance for these conditions, with the same urgency as they would any
other health condition; and
WHEREAS, all Americans have the opportunity to access provisions within the Affordable Care
Act and Mental Health Parity and Addictions Equity Act (MHPAEA), aimed to improve physical
and emotional health while ensuring people will receive the care they need at a more
reasonable cost; and
WHEREAS, to help more people achieve long-term recovery, and learn how recovery positively
benefits the Nation's overall well-being, the U.S. Department of Health and Human Services
(HHS), the Substance Abuse and Mental Health Services Administration (SAMHSA), the White
House Office of National Drug Control Policy (ONDCP), and the City of Kent invite all residents
to participate in National Recovery Month; and
NOW, THEREFORE, I, Suzette Cooke, Mayor of Kent, do hereby proclaim the month of
September 2012 as
National Recovery Month
In the City of Kent and call upon the people of Kent to observe this month with appropriate
programs, activities, and ceremonies supporting this year's theme.
In witness whereof, I have hereunto set my hand this 18th day of September, 2012.
l ,
May gt S izette Cooke
WASHINGTON
PROCLAMATION
WHEREAS, One billion people in the world go to bed hungry every night and six million
children will die of malnutrition this year; and
WHEREAS, Over 40% of children in the Kent School District qualify for a free or
reduced lunch; and
WHEREAS, Every Monday many of our Kent citizens eat a free dinner at the Kent
Community Supper, financed largely by Kent Crop Hunger Walk donations; and
WHEREAS, Every month of the year up to 30 homeless men sleep in one of our area
churches through the Homeless Outreach Mobilization Effort (H.O.M.E.), and every
single day a Kent area church serves those men a hot dinner; and
WHEREAS, Kent Crop Hunger Walk funds pay for breakfast and a sack lunch for the
H.O.M.E. men every day; and
WHEREAS, the Kent Crop Hunger Walk seeks to combat hunger and poverty in Kent,
across Washington State, and around the World; and
WHEREAS, People can walk to wipe out hunger by participating in the Crop Hunger
Walk on Sunday, October 7, 2012 at 12:30 pm at the Kent Lutheran Church at 2Nd and
Saar; and
WHEREAS, Kent's Azteca Mexican Restaurant, Maggie's on Meeker, Paolo's Italian
Restaurant, The Golden Steer Steak and Rib House and The Wild Wheat Bakery Cafe
and Restaurant agreed to sponsor "Dine out Day" by giving 5% of their receipts for all
goods purchased on October 2"d to the Kent Crop Hunger Walk; and
NOW, THEREFORE, 1, Suzette Cooke, Mayor of Kent, do hereby proclaim October 2,
2012 as
KENT CROP HUNGER WALK "DINE OUT DAY"
In the City of Kent; and encourage everyone to help wipe out hunger by eating on
Tuesday, October 2"d at The Azteca Mexican Restaurant, Maggie's on Meeker, Paolo's
Italian Restaurant, The Golden Steer Steak and Rib House, and The Wild Wheat
Bakery Cafe and Restaurant.
In witness whereof, I have hereunto set my hand this 18th day of September, 2012.
Ma or Suzette Cooke
•
K�NT
WASHINGTON
w," Agenda Item: Public Hearings - 5A
TO: City Council
DATE: September 18, 2012
SUBJECT: 2013-2014 Biennial Budget (First Public Hearing)
MOTION: This is the first public hearing on the 2013-2014 Biennial Budget.
Public input is welcome.
SUMMARY:
EXHIBITS: None
RECOMMENDED BY: Finance Director
BUDGET IMPACTS: None
w," Agenda Item: Public Hearings - 513
TO: City Council
DATE: September 18, 2012
SUBJECT: 2013-2018 Capital Improvement Plan (First Public
Hearing)
MOTION: This is the first public hearing on the 2013-2018 Capital
Improvement Plan. Public input is welcome.
SUMMARY:
EXHIBITS: None
RECOMMENDED BY: Finance Director
BUDGET IMPACTS: None
PUBLIC COMMENT
Agenda Item: Consent Calendar 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through J.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of September 4, 2012.
7B. Approval of Bills.
Bills were not available for approval.
y RCN i Kent City Council Meeting
Was„ „',.' September 4, 2012
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph,
Ranniger, and Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) Albertson removed Item A
from the Consent Calendar.
B. From the Public. (CFN-198) No changes were made.
PUBLIC COMMUNICATIONS
A. Public Recoanition. (CFN-198) No public recognition was given.
B. Community Events. (CFN-198) Mayor Cooke announced the First Avenue Block
Party scheduled for September 14 at 4:00 p.m.
C. Proclamation — Gay Pride Day. (CFN-155) Mayor Cooke read a proclamation
declaring September 9, 2012, as Gay Pride Day in the City of Kent, and encouraging
everyone to recognize and applaud the numerous contributions of gay, lesbian,
bisexual and transgender individuals in the city. The proclamation was accepted by
Wade Schwartz, who expressed appreciation to the city.
D. Intergovernmental Reports. (CFN-198) Council members reported on issues
discussed at the regional committees on which they serve.
PUBLIC COMMENT
No comments were made by the public.
CONSENT CALENDAR
Higgins moved to approve Consent Calendar Items B through I. Thomas seconded
and the motion carried. Item A, approval of previous meeting minutes, was removed
from the agenda.
B. Approval of Bills. (CFN-104) Payment of the bills received through July 31 and
paid on July 31 after auditing by the Operations Committee on August 21, 2012, was
approved.
Checks issued for vouchers were approved:
Date Check Numbers Amount
7/31/12 Wire Transfers 5142-5161 $1,718,299.85
7/31/12 Regular Checks 665336-665790 3,804,627.49
Void Checks 665549 (5,335.85)
7/31/12 Use Tax Payable 1,368.92
$5,518,960.41
1
Kent City Council Minutes September 4, 2012
Approval of payment of the bills received through August 15 and paid on August 15
after auditing by the Operations Committee on August 21, 2012.
Checks issued for vouchers were approved:
Date Check Numbers Amount
8/15/12 Wire Transfers 5162-5179 $1,598,857.62
8/15/12 Regular Checks 665791-666219 2,319,549.22
8/15/12 Use Tax Payable 1,821.70
$3,920,228.54
Checks issued for payroll for August 1 through August 15 and paid on August 20,
2012, were approved:
Date Check Numbers Amount
8/20/12 Checks 328776-328943 $ 135,495.38
8/20/12 Advices 302542-303192 1,228,865.15
$1,364,360.53
C. 2013-2014 Biennial Budget. (CFN-186) September 18, 2012, was set for the
first public hearing to consider the 2013-2014 biennial budget at the regular City
Council meeting.
D. 2013-2018 Capital Improvement Plan. (CFN-775) September 18, 2012, was
set for the public hearing to consider the 2013-2018 Capital Improvement Plan at the
regular City Council meeting.
E. BERK & Associates Inc., Consultant Services Agreement. (CFN-462) The
Mayor was authorized to sign the consultant services agreement with BERK &
Associates Inc., to produce a Supplemental Environmental Impact Statement and
Planned Action Ordinance for the Downtown Subarea Action Plan in an amount not to
exceed $90,000, subject to final terms and conditions acceptable to the Economic and
Community Development Director and the City Attorney.
F. Scenic Hill Stormwater Pipe Replacement Agreement. (CFN-1038) The
Mayor was authorized to sign a goods and services agreement with H.D. Fowler
Company, in an amount not to exceed $23,354.21, plus sales tax, for drainage
materials related to the Scenic Hill Stormwater Pipe Replacement Project, subject to
final terms and conditions acceptable to the City Attorney and the Public Works
Director.
G. Rock Creek Salmon Spawning Survey Contract. (CFN-1038) The Mayor was
authorized to sign a consultant services agreement with R2 Resource Consultants,
Inc., in an amount not to exceed $26,276.50, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
H. Horseshoe Bend Levee Right-of-Way Dedication, S. 259th. (CFN-1318) The
Mayor was authorized to sign a quit claim deed dedicating city owned property along
2
Kent City Council Minutes September 4, 2012
S. 259th Street, 80th Avenue S. and S. 261st Street as right of way, subject to final
terms and conditions acceptable to the Public Works Director and the City Attorney.
I. Smith Street Left Turn Lane at Lincoln Avenue. (CFN-1038) The Smith
Street Left Turn Lane at Lincoln Avenue Project was accepted as complete and release
of retainage to Road Construction Northwest, Inc. upon receipt of standard releases
from the state and release of any liens was authorized. The original contract amount
was $593,880. The final amount paid was $593,879.90.
OTHER BUSINESS
A. Efficiency Study Consultant Services Agreement. (CFN-147) Hodgson noted
that Resolution No. 1862 calls for Administration to research and hire an organization
to conduct an efficiency study, and explained how BERK & Associates was chosen. He
reviewed the scope of work and the timeline involved, and said a report should be
available by late November, with action beyond that beginning in December. He
noted that the cost is $43,730, half of which will come from the Council budget and
half from the fund balance. Higgins pointed out that a draft of cost efficiency
opportunity findings will be available prior to the November election.
Thomas moved to authorize the Mayor to sign a consultant services agreement with
BERK Consulting, subject to final terms and conditions acceptable to the Human
Services Director and the City Attorney. Albertson seconded and the motion carried.
REPORTS
A. Council President. (CFN-198) Higgins noted that there was no workshop
tonight and that the annual meeting of the Economic Development Corporation was
held today.
B. Mayor. (CFN-198) Mayor Cooke reported that the International Latino Gang
Investigation Association presented an award to the Valley Gang Unit in recognition of
their gang suppression efforts and outstanding group effort and teamwork. She
commended the team, Commander Derek Kammerzell, Commander Rafael Padilla,
Sgt. Michael O'Reilly and Detective Eric Steffes for making the community safer.
C. Administration. (CFN-198) Hodgson noted that there will be an executive
session of approximately ten minutes to discuss a matter of property acquisition
having to do with protection of the city's water system.
D. Economic & Community Development Committee. (CFN-198) Perry
announced that their September loth meeting has been cancelled.
E. Operations Committee. (CFN-198) No report was given.
F. Parks and Human Services Committee. (CFN-198) No report was given.
G. Public Safety Committee. (CFN-198) Boyce noted that their next meeting will
be held on September 11th.
3
Kent City Council Minutes September 4, 2012
H. Public Works Committee. (CFN-198) Albertson noted that the committee did
not meet on September 3 due to the Labor Day holiday and that their next meeting
will be on September 17, at which time they will discuss traffic calming devices in
response to the accident which took a Kent residents life on August 22.
I. Regional Fire Authority. (CFN-198) No report was given.
EXECUTIVE SESSION
The meeting was recessed to Executive Session at 7:38 p.m., and reconvened at
7:48 p.m.
A. Property Acguisition. (CFN-239/119) Hodgson reported that 60% of the city's
water supply is supplied by Clark Springs and that the property proposed for
acquisition is located next to an area which could potentially contaminate the water
supply. He said that the property would provide a buffer and allow monitoring in
order to avoid contamination.
Albertson moved to authorize the purchase of two parcels for the purpose of water-
shed protection located at 26204 SE Kent Kangley Road, Ravensdale, WA 98051
(Parcel No. 252206-9048) and the vacant property immediately located to the north
(Parcel No. 252206-9066) and to authorize the Mayor to sign the Purchase and Sale
Agreement and all other necessary documents to purchase the property, subject to
final terms and conditions acceptable to the Public Works Director and the City
Attorney. Higgins seconded and noted that utility funds have been set aside for this
purpose for some time. The motion then carried.
ADJOURNMENT
The meeting adjourned at 7:52 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
4
KENT Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: September 18, 2012
SUBJECT: Cintas Corporation Linen and Uniform Services Agreement -
Authorize
MOTION: Authorize the Mayor to enter into an agreement with Cintas
Corporation for the Rental and Laundering of Uniforms and Linens in an amount not
to exceed $156,583, with terms and conditions acceptable to the Finance Director
and City Attorney.
SUMMARY: The city is required to provide rental and laundering of uniforms and
linens for approximately six (6) mechanics and eight (8) facilities. Additionally, the
City will be purchasing parkas, Carhartt jackets and raingear for approximately 218
employees.
EXHIBITS: Good and Services Agreement
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: The Uniform and Linen contract is valued at approximately
$156,683 over a period of three (3) years. This represents approximately a fifty nine
percent (59%) reduction from our current contract. However, the City is paying a
clothing allowance to employees, with an estimated cost over three (3) years of
$191,100. This would result in cost savings of nine percent (9%). The Cintas quote
per item remained virtually the same for items rented as compared to the last
contract with the exception of three items with a $.01 per week variance.
GOODS & SERVICES AGREEMENT
between the City of Kent and
CINTAS CORPORATION
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Cintas Corporation organized under the laws of the
State of Washington, located and doing business at 631 Valley Ave NW, Puyallup, Washington
98371, 253-231-8340, Gene Stalder (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
Linen and uniform services in accordance with Vendor's August 16, 2012, response
to the City's July 13, 2012, Request for Proposals. Copies of the City's Request for
Proposals is attached and incorporated as Exhibit A, and Vendor's Response is
attached and incorporated as Exhibit B. Uniforms will be provided under this
Agreement on a mixed rental and purchase basis. All rented uniforms will be
replaced with new garments after 18 months of use. Purchase uniforms will be
replaced as the City may determine is necessary.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services through August 31, 2015.
However, upon the parties' mutual agreement, this Agreement may be extended on a month-to-
month basis, up to an additional one year term. However, in no event shall the term of this
Agreement be extended beyond August 28, 2016.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed
$156,683 for the original three year term of this Agreement, including applicable Washington
State Sales Tax, for the goods, materials, and services contemplated in this Agreement. This
..not to exceed" amount is provided as an estimate only and is in no way a guarantee of the
payment the Vendor can expect to receive during the term of this Agreement. This estimate is
based on the number and type of uniform garments that the City reasonably expects it needs to
purchase and rent from the Vendor during the term of this Agreement. However, because the
City's uniform needs depend on the number of employees it has on staff, this amount may
fluctuate up and down. If the parties agree to extend this Agreement after the initial three year
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
term, and should the "not to exceed" amount provided for in this section prove insufficient to
cover the costs associated with that extension, the parties shall properly negotiate and execute
an amendment to this Agreement. However, by its execution of this Agreement, the Vendor
agrees that the rental and purchase rates it charges the City during that extension period shall
remain locked at the rates originally provided for within this Agreement, unless the City agrees
otherwise. The City shall pay the Vendor the following amounts according to the following
schedule:
Vendor will be paid on a monthly basis for services rendered and goods received
during the prior month.
The City has elected to contract with Vendor to provide a mix of uniform rental,
uniform purchase, and uniform laundry services. During the term of this
Agreement, the City will purchase the following uniform garments, at the stated
purchase price, for the employees and in the quantities as the City may designate:
- Parka, Item No. outer - 80175, inner - 80177 - $81.00
- Carhartt Pants, Item No. B-01 - $35.75
- Carhartt Duck Detroit Jacket - Blanket Lined, Item No. 3-001 - $63.00
- Carhartt Duck Chore Coat - Blanket Lined, Item No. C-001 - $51.50
- Green Waterproof Bib, Item No. 641704831 - $43.00
- Green Waterproof Jacket, Item No. 641714831 - $43.00
- Vision Rain Jacket, Item No. 3-23122 - $46.00
- Vision Overall, Item No. 0-23122 - $28.50
- Vision Pants, Item No. P-23122 - $28.50
- Yellow Rain Jacket, Item No. 3-171 - $90.00
- Yellow Rain Pants, Item No. B-214 - $72.00
- Yellow Rain Jacket, Item No. C-93 - $72.00
- Rain Bibs, Item No. 91`138 - $125.00
- Rain Pants, Item No. 9FR
All other uniform garments will be rented at the rental cost provided for in Exhibit
B. For those uniform garments that are rented, the weekly laundry service and all
mending or repair services are included within the rental cost. For those uniform
garments purchased by the City or Employee, and which require laundry service
due to contamination, the Vendor shall invoice the City $3.50 per laundred item.
The Vendor shall not repair or mend any purchased item that has been sent to
Vendor for laundry service, unless first requested by the City.
Invoices will be paid within (30) days after the City's receipt and acceptance of the
goods or completion and acceptance of the services. Payment periods will be
computed from either the date of delivery of all goods ordered, the date of
completion of all services, or the date of the City's receipt of a correct invoice,
whichever of these dates is later. No payment shall be due prior to the City's receipt
and acceptance of the items identified in the invoice thereof.
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
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 Vendor 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 Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor 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 Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor 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.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor 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.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
Vendor 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.
XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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.
XIV. 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.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
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 XI 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 Vendor.
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
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 Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor'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.
GOODS & SERVICES AGREEMENT - 7
(Over$10,000.00, including WSST)
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: 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:
VENDOR: CITY OF KENT:
Gene Stalder Paula Barry
Cintas City of Kent
631 Valley Ave NW 220 Fourth Avenue South
Puyallup, WA 98371 Kent, WA 98032
253-231-8340 (telephone) (253) 856-5265 (telephone)
253-926-4637 (facsimile) (253) 856-6255 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
[In this field.You may enter the electronic filepeN where the contract has been saved]
GOODS & SERVICES AGREEMENT - 8
(Over$10,000.00, including WSST)
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 20 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
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 of 3
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 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
KENT Agenda Item: Consent Calendar — 7D
TO: City Council
DATE: September 18, 2012
SUBJECT: Washington Traffic Safety Commission Grant — Accept
MOTION: Authorize the Mayor to accept the Washington Traffic Safety
Commission Target Zero Teams grant in an amount not to exceed $24,240,
authorize the Mayor to sign the Memorandum of Understanding, establish the
budget and authorize the expenditure of funds in accordance with the grant terms
acceptable to the Police Chief and City Attorney.
SUMMARY: The Kent Police Department has received notification that it will
receive funds in the amount of $24,240 for the Kent/South King County Target Zero
Teams Task Force. The grant will fund officer overtime during specified Target Zero
DUI emphasis dates, as well as overtime reimbursement for the Law Enforcement
Liaison and for the Target Zero Manager. The Target Zero Manager is a Public
Education Specialist for the Kent Police Department.
This grant begins on October 1, 2012 and ends September 30, 2013.
EXHIBITS: WTSC Memorandum of Understanding
RECOMMENDED BY: Public Safety Committee 9/11/12
BUDGET IMPACTS: No City matching funds required. Funding is on a
reimbursement basis.
2�F'fATE OF
s $
�HZ 1P89 a0�
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
Target Zero Teams
South King County Target Zero Task Forces
Law Enforcement, Law Enforcement Liaison, &
Target Zero Manager
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into
by and between the Kent Police Department (Agency) and the
Washington Traffic Safety Commission (WTSC).
TERM: October 1, 2012 to September 30, 2013
AMOUNT: NOT TO EXCEED $24,240
CFDA # 20.600
IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for King
County Law Enforcement Agencies to participate in the Target Zero Teams
project.
GOAL: to reduce the number of people killed or seriously injured by impaired
drivers in King County through aggressive, multi-jurisdictional, high-visibility
patrols using an integrated systems approach to traffic safety which is
evidenced-based and targets the locations where the most safety benefit can
be realized.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. SCOPE OF WORK: The Target Zero Team DUI patrols will be deployed at
times and locations where data indicates that the most safety benefit can
be realized as determined by the King County Target Zero Task Forces.
2. CONDITIONS: (Agency) will deploy highly skilled officers in coordination
with other King County Law Enforcement agencies, the King County
Target Zero Task Forces, and the WSP District 2 Target Zero Team to
generate the highest amount of deterrence possible.
(Agency) certifies that all of the officers that participate in patrols under
the terms of this agreement are SFST trained. SFST training is required
as follows:
Created: August 2012 TZT KING LE/LEUTZM MOU FFY 2013 Page 1 of 4
• Officers who received SFST training prior to 2008 will need to
pass SFST refresher training before participating on these
patrols.
• Officer who received SFST training in 2008 or later will need to
take the SFST refresher training when their BAC re-certification
is due to stay current and be qualified to work these patrols.
(BAC re-certification and SFST refresher training are required
every three years.)
• The 16-hour Advanced Roadside Impaired Driving Enforcement
(ARIDE) course is recommended for officers participating in
Target Zero Team patrols.
3. PAYMENT FOR LAW ENFORCEMENT: (Agency) will provide commissioned
law enforcement with appropriate equipment (vehicle, radar, etc.) and on
an overtime basis (not to exceed 1.5 times their normal salary and
benefits) to participate in these emphasis patrols.
(Agency) will also provide the King County Target Zero Task Force Law
Enforcement Liaison on an overtime basis (not to exceed 1.5 times their
normal salary and benefits) as needed, to review data, plan operations,
and coordinate emphasis patrols not to exceed $4,740.
(Agency) will also provide the King County Target Zero Task Force
Manager on an overtime basis (not to exceed 1.5 times their normal
salary and benefits) as needed for the management of the Target Zero
Teams project not to exceed $3,180.
Overtime for court appearances that result from a law enforcement officer
making a DUI arrest while on Target Zero Teams patrol will be considered
for reimbursement with approval from the Target Zero Manager or her
designee.
4. DISPATCH: WTSC will reimburse communications officers/dispatch
personnel for work on this project providing (Agency) has received prior
approval from the Target Zero Manager.
5. GRANT AMOUNT: WTSC will reimburse (Agency) for overtime salary and
benefits. Your agency is allotted $16,320 dollars for the cost of this
project. This allocation may be increased by your Target Zero Manager
during the above campaign(s), without amending this agreement
PROVIDED THAT the increase in the allocation does not exceed 50% of
the original amount. Any increase in allocation exceeding 50% will
require an amendment to this document.
6. PERFORMANCE STANDARDS:
Created: August 2012 TZT KING LE/LEUTZM MOU FFY 2013 Page 2 of 4
a. All participating law enforcement officers are required to have 3
self-initiated contacts per hour of enforcement, or show DUI
arrests.
b. Some violator contacts may result in related, time-consuming
activity. This activity is reimbursable.
c. Other activities, such as collision investigation or emergency
response that are not initiated through emphasis patrol contact
WILL NOT be reimbursed.
7. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (A19-1A Form).
• (Agency) identified as the "Claimant';
• A Federal Tax ID #; and,
• Original signature of the agency head, command officer or
contracting officer.
b. Payroll support documents (signed overtime slips, payroll
documents).
c. Officer TZT Emphasis Patrol Activity Logs (attached) showing 3 or
more self-initiated contacts per hour and/or DUI arrests for
reimbursement for any patrol overtime reimbursement.
S. DEADLINE FOR CLAIMS: All claims for reimbursement for emphases
conducted prior to June 30 must be received by WTSC no later than August
15, 2013. Monthly billing is preferred.
9. DISPUTES: Disputes arising under this Memorandum shall be resolved
by a panel consisting of one representative of the WTSC, one
representative from (Agency), and a mutually agreed upon third party.
The dispute panel shall decide the dispute by majority vote.
10. TERMINATION: Either party may terminate this agreement upon 30
days written notice to the other party. In the event of termination of this
Agreement, the terminating party shall be liable for the performance
rendered prior to the effective date of termination.
11. SUPPLANTING DISCLAIMER: I certify that none of the funds for this
project supplant the normally budgeted funds of this agency nor do
these funds pay for routine traffic enforcement normally provided by this
agency.
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.
Created: August 2012 TZT KING LE/LEUTZM MOU FFY 2013 Page 3 of 4
Kent Police Department
Agency Washington Traffic Safety Commission
Chief Ken Thomas
Contracting Agent (Print) Date
Signature
Date
City of Kent
Agency
Mayor Suzette Cooke
Contracting Agent (Print)
Signature
Date
Agency address (for mailing fully executed MOU):
Kent Police Department
220 4th Ave. S.
Kent, WA 98032
Agency PIO contact:
Assistant Chief Pat Lowery
Kent Police Department
220 4th Ave. S.
Kent, WA 98032
253-856-5833
ploweryCcbkentwa.gov
Please return two signed MOUs to your Target Zero Manager.
Created: August 2012 TZT KING LE/LEUTZM MOU FFY 2013 Page 4 of 4
Sara Wood - Kent Police Department
Target Zero Manager
220 4th Ave. S.
Address
Kent, WA 98032
City/State/Zip
253-856-5851 swoodCabkentwa.gov
Phone/E-mail
Target Zero Manager will return to:
Shelly Baldwin, WTSC Impaired Driving Program Manager
621 - 8th Avenue SW, Suite 409, PO Box 40944
Olympia, WA 98504-0944
360.725.9889 sbaldwin@wtsc.wa.gov
Created: August 2012 TZT KING LE/LEUTZM MOU FFY 2013 Page 5 of 4
w," Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: September 18, 2012
SUBJECT: Interlocal Agreement with Chelan County for Jail Services -
Authorize
MOTION: Authorize the Mayor to enter into an amendment to the interlocal
agreement with Chelan County for the Housing of city of Kent Inmates with terms
and conditions acceptable to the City Attorney.
SUMMARY: The city and Chelan County entered into an interlocal agreement on
December 8, 2010, to designate Chelan County Regional Justice Center as a place of
confinement for the incarceration of Kent inmates and for Chelan County to accept
and keep in its custody such inmate(s). That interlocal agreement is set to expire on
December 31, 2012. The city and Chelan County wish to extend the terms and
conditions of that interlocal for another three years. This will allow Kent to send
inmates to Chelan during times in which the Kent Corrections facility is experiencing
excessive population.
EXHIBITS: First Amendment to the Interlocal Agreement with Chelan County
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: No
KENT
W PS H i H G T O F..
FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE
CITY OF KENT, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN
COUNTY REGIONAL JUSTICE CENTER
THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY,
WASHINGTON AND THE CITY OF KENT, WASHINGTON, FORTHE HOUSING OF INMATES IN THE
CHELAN COUNTY REGIONAL JUSTICE CENTER, is made between the CITY OF KENT, a
Washington municipal corporation, hereinafter referred to as "City", and CHELAN COUNTY,
organized under the state of Washington, and doing business at 401 Washington St, Level 2,
Wenatchee, Washington, 98801, hereinafter referred to as "Chelan County."
RECITALS
A. On December 8, 2010, the City and Chelan County entered into an Agreement for
the City to designate Chelan County Regional Justice Center ("CCRJC) as a place of
confinement for the incarceration of one or more inmates lawfully committed to its custody, and
for Chelan County to accept and keep in its custody such inmate(s) in the CCRJC for a rate of
compensation mutually agreed upon by the parties. That Agreement is set to expire on
December 31, 2012.
B. By this first amendment, the parties agree to extend the term of the original
Agreement for an additional three years, through December 31, 2015, and to update contact
information for both parties.
NOW THEREFORE, in consideration of the mutual intent, desire and promises of the
parties and other good and valuable consideration, City and Chelan County agree as follows:
1. Section 2, Duration: Section 2, Duration, is amended to extend the Agreement for
an additional three years through December 31, 2015.
2. Section 4, Mailing Addresses: Section 4, Mailing Addresses, is amended to read as
follows:
Chelan County: Chelan County Regional Justice Center
401 Washington Ste., Level 2
Wenatchee, WA 98801
Primary Contact Person: Curt Lutz, Director
Secondary Contact: Ronda McCallister, Administrative Program Manager
City of Kent: City of Kent Corrections Facility
220 Fourth Avenue South
Kent, WA 98032
Primary Contact Person: Diane McCuistion
FIRST AMENDMENT TO ILA BETWEEN
CHELAN COUNTY AND THE CITY OF KENT- HOUSING OF INMATES Page 1 of 2
Notice mailed shall be deemed received on the date mailed. The parties shall notify each other
in writing of any changes of address.
3. Except as specifically amended by this First Amendment, all remaining provisions
of the Agreement will remain in full force and effect. In addition, upon the effective date of this
First Amendment, the written provisions and terms of this First Amendment shall supersede any
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
the Agreement or this First Amendment.
4. The effective date of this First Amendment is January 1, 2013.
IN WITNESS, the parties have executed this First Amendment to the Interlocal
Agreement between Chelan County, Washington and the City of Kent, Washington, for the
Housing of Inmates in the Chelan County Regional Justice Center on the last date written below.
CITY OF KENT
By:
Print Name: Suzette Cooke
Title: Mayor
Date:
Chelan County
By:
Print Name:
Title:
Date:
Approved as to Form:
Arthur "Pat" Fitzpatrick, Deputy City Attorney
P:\Civil\Files\Open Hies\1550-0ail Population Management\Firsta mend ment.Chelan ILA Housing Of Inmantes 010113-123113.DOC
FIRST AMENDMENT TO ILA BETWEEN
CHELAN COUNTY AND THE CITY OF KENT- HOUSING OF INMATES Page 2 of 2
INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF
KENT, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL
JUSTICE CENTER
THIS INTERLOCAL AGREEMENT ("Agreement') is made and entered into on this day of
December, 2010 by and between the City of Kent, Washington, a Washington municipal
corporation, hereinafter referred to as "City", and Chelan County, Washington, hereinafter
referred to as "Chelan County", each party having been duly organized and now existing
under the laws of the State of Washington.
WITNESSETH:
WHEREAS, The Chelan County Regional Justice Center ("CCRJC") and the Mayor are
authorized by law to have charge and custody of the County Jail and the City prisoners or inmates,
respectively; and
WHEREAS, the City wishes to designate the CCRJC as a place of confinement for the
incarceration of one or more inmates lawfully committed to its custody; and
WHEREAS, Chelan County Department of Corrections is desirous of accepting and keeping in
its custody such inmate(s) in the CCRJC for a rate of compensation mutually agreed upon by the
parties hereto; and
WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county
to contract with any other county or city to perform any governmental service, activity or undertaking
which each contracting county is authorized by law to perform; and
WHEREAS, the governing bodies of each of the parties hereto have determined to enter into
this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as
amended,
NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be
made, the mutual promises and covenants herein contained, and for other good and valuable
consideration, the parties hereto agree as follows:
1 . GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
administrative rules and regulations of the State of Washington shall govern in any matter relating to
an inmate or inmates confined pursuant to this Agreement.
2. DURATION
This Agreement shall enter into full force and effect from January 1, 2010 and end December
31, 2012, subject to earlier termination as provided by Section 3 herein. This Agreement shall be
renewed automatically for like successive periods under such terms and conditions as the parties
Interlocal Agreement Between Chelan County Page 1 of 9
And the City of Kent
may determine. Nothing in this Agreement shall be construed to require the City to house inmates in
Chelan County continuously.
3. TERMINATION
(a) By either party. This Agreement may be terminated by written notice from either party to
the other party delivered by regular mail to the contact person identified herein, provided that
termination shall become effective sixty (60) working days after receipt of such notice. Within said
sixty (60) days, the City agrees to remove its inmate(s) from the CCRJC.
(b) By the City due to lack of funding. The obligation of the City to pay Chelan County under
the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the
appropriation, budgeting availability of sufficient funds by the City. In the event that such funds are
not budgeted, appropriated or otherwise made available for the purpose of payment under this
Agreement at any time after the current fiscal year, then the City shall have the option of terminating
the Agreement upon written notice to Chelan County, except that all services provided to that point
shall be compensated at the agreed rate. The termination of this Agreement for this reason will not
cause any penalty to be charged to the City.
(c) Termination for Breach. In the event the City breaches or fails to perform or observe any
of the terms or conditions herein, and fails to cure such breach or default within seven (7) days of
County's giving the City written notice thereof, or, if not reasonably capable of being cured within such
seven (7) days, within such other period of time as may be reasonable in the circumstances, County
may terminate the City's rights under this Agreement in addition to and not in limitation of any other
remedy of County at law or in equity, and the failure of County to exercise such right at any time shall
not waive County's right to terminate for any future breach or default.
(d) In the event of termination of this agreement for any reason, the City shall compensate
Chelan County for prisoners housed by Chelan County after notice of such termination until the City
retakes its inmates in the same manner and at the same rates as if this Agreement had not been
terminated.
4. MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall be
sent to the following:
Chelan County: Chelan County Regional Justice Center
401 Washington St., Level 2
Wenatchee, WA 98801
Primary Contact Person: Phil Stanley, Director
Secondary Contact: Ronda McCallister, Administrative Program Manager
City of Kent: City of Kent Corrections Facility
Interlocal Agreement Between Chelan County Page 2 of 9
And the City of Kent
220 Fourth Avenue South
Kent, WA 98032
Primary Contact Person: Curt Lutz, Corrections Lieutenant
Notices mailed shall be deemed received on the date mailed. The parties shall notify each other in
writing of any change of address.
5. DEFINITIONS
The parties hereby agree that the following terms shall have the specified meanings unless
indicated otherwise herein:
(a) Day. One prisoner day shall be each day or portion thereof which a prisoner appears in
custody on the jail management system. The count shall be conducted by the jail management
system and each participating jurisdiction shall be charged for each prisoner who is detained in the
CCRJC on a charge and/or conviction from the participating jurisdiction. If the prisoner has a pending
charge and/or conviction from more than one jurisdiction, the cost for that prisoner shall be divided
proportionately.
(b) Inmate Classifications shall be pursuant to the Chelan County Objective Jail Inmate
Classification System which is modeled after the National Institute of Corrections Jail Classification
System:
(i) "Minimum" classification shall apply to those inmates who present a low risk to
staff and the community.
(ii) "Medium" classification shall apply to those inmates who present a moderate risk
to staff and the community.
(iii) "Maximum" classification shall apply to those inmates who present a substantial
risk to staff and the community.
6. COMPENSATION
(a) Rates. Chelan County agrees to accept and house the City's inmates for compensation
per inmate at the rate of $70.00 per day (also see #12 below). This includes minimum and medium
classification inmates. The parties agree that Chelan County will not charge a separate booking fee
in addition to such rate. The date of booking into the CCRJC of the City's inmates, no matter how
little time of a twenty-four (24) hour day it constitutes, shall count as one day and shall be billed to the
City as a day of custody in Chelan County.
(b) Billing and Payment. Chelan County agrees to provide the City with an itemized bill listing
all names of inmates who are housed, the number of days housed (including the date and time of
booking and date and time of release), and the dollar amount due for each. Chelan County agrees to
provide said bill by the 10th of each month. The City agrees to make payment to Chelan County
within 30 days of receipt of such bill for the amount billed for the previous calendar month.
Interlocal Agreement Between Chelan County Page 3 of 9
And the City of Kent
7. RIGHT OF INSPECTION
The City shall have the right to inspect, at all reasonable times, all Chelan County facilities in
which inmates of the City are confined in order to determine if such jail maintains standards of
confinement acceptable to the City and that such inmates therein are treated equally regardless of
race, religion, color, creed or national origin; provided, however, that Chelan County shall be
obligated to manage, maintain and operate its facilities consistent with all applicable federal, state
and local laws and regulations.
8. FURLOUGHS, PASSES, AND WORK RELEASE
Chelan County agrees that no early releases or alternatives to incarceration, including
furloughs, passes, electronic home detention or work release shall be granted to any inmate housed
pursuant to this Agreement without written authorization by the committing court.
9. INMATE ACCOUNTS
Chelan County shall establish and maintain an account for each inmate received from the City
and shall credit to such account all money which is received and shall make disbursements, debiting
such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in
limited amounts as are reasonably necessary for personal maintenance. The Director of the CCRJC
shall be accountable to the City for such inmate funds. At either the termination of this Agreement,
the inmate's death, release from incarceration, or return to either the City or indefinite release to the
court, the inmate's money shall be transferred to either the inmate's account in care of the City, at
such time the City shall be accountable to the inmate for said fund, or to the inmate.
10. INMATE PROPERTY
The City may transfer to Chelan County only limited amounts of personal property of the City's
inmates' recovered from or surrendered by inmates to the City upon booking. Personal property in
excess of one simple "grocery bag" shall at no time be transferred to Chelan County.
11. RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Chelan County to confine the inmate or inmates; to provide
treatment, including the furnishing of subsistence and all necessary medical and hospital services
and supplies; to provide for the inmates' physical needs; to make available to them programs and/or
treatment consistent with the individual needs; to retain them in said custody; to supervise them; to
maintain proper discipline and control; to make certain that they receive no special privileges and that
the sentence and orders of the committing court in the State are faithfully executed; provided that
nothing herein contained shall be construed to require Chelan County, or any of its agents, to provide
service, treatment, facilities or programs for any inmates confined pursuant to this Agreement, which
it does not provide for similar inmates not confined pursuant to this Agreement. Nothing herein shall
be construed as to require Chelan County to provide services, treatment, facilities or programs to the
City's inmates above, beyond or in addition to that required by applicable law.
Interlocal Agreement Between Chelan County Page 4 of 9
And the City of Kent
12. MEDICAL SERVICES
(a) Inmates shall receive such medical, psychiatric and dental treatment when emergent and
necessary to safeguard their health while housed in the CCRJC. Chelan County shall provide or
arrange for the providing of such medical, psychiatric and dental services. Except for routine minor
medical services provided in the CCRJC, the City shall pay directly or reimburse Chelan County for
any and all costs associated with the delivery of any emergency and/or major medical service
provided to the City's inmates. The City shall be responsible for any and all medical, psychiatric and
dental treatment provided outside of the CCRJC and shall be billed therefore. Examples of medical
services which may be provided in the CCRJC but which are not routine, and for which the City shall
be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis
treatment, and hemophiliac treatment. No psychiatric or dental treatment can be provided in the
CCRJC; all psychiatric and dental treatment of the City's inmates shall be billed to the City.
(b) An adequate record of all such services shall be kept by Chelan County for the City's
review at its request, to the extent consistent with confidentiality regulations. Any medical or dental
services of major consequence shall be reported to the City as soon as time permits.
(c) Should medical, psychiatric or dental services require hospitalization, the City agrees to
compensate Chelan County dollar for dollar any amount expended or cost incurred in providing the
same; provided that, except in emergencies, the City will be notified by contacting the Jail Booking
Desk at (253) 856-5775 prior to the inmate's transfer to a hospital, if and when circumstances allow,
or as soon afterward as practicable.
13. DISCIPLINE
Chelan County shall have physical control over and power to execute disciplinary authority
over all inmates of the City's. However, nothing contained herein shall be construed to authorize or
permit the imposition of a type of discipline prohibited by applicable law.
14. RECORDS AND REPORTS
(a) The City shall forward to Chelan County before or at the time of delivery of each inmate a
copy of all inmate records pertaining to the inmate's present incarceration. If additional information is
requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional
information in a timely manner.
(b) Chelan County shall keep all necessary and pertinent records concerning such inmates in
the manner mutually agreed upon by the parties hereto. During an inmate's confinement in Chelan
County, the City shall upon request be entitled to receive and be furnished with copies of any report
or records associated with said inmate(s) incarceration.
15. REMOVAL FROM THE JAIL
An inmate of the City's legally confined in Chelan County shall not be removed therefrom by
any person without written authorization from the City or by order of any court having jurisdiction. The
City hereby designates the official authorized to direct Chelan County to
Interlocal Agreement Between Chelan County Page 5 of 9
And the City of Kent
remove the City's inmates from the CCRJC. Chelan County agrees that no early releases or
alternatives to incarceration including furloughs, passes, work release, work crews or electronic home
detention shall be granted to any inmate without written authorization from the committing court. This
paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for
medical, psychiatric, dental treatment or other catastrophic condition presenting an eminent danger to
the safety of the inmate or to the inmates or personnel of Chelan County. In the event of any such
emergency removal, Chelan County shall inform the City of the whereabouts of the inmate or inmates
so removed, at the earliest practicable time, and shall exercise all reasonable care for the safe
keeping and custody of such inmate or inmates.
16. ESCAPES
In the event any City inmate escapes from Chelan County's custody, Chelan County will use
all reasonable means to recapture the inmate. The escape shall be reported immediately to the City.
Chelan County shall have the primary responsibility for and authority to direct the pursuit and retaking
of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable
to and borne by Chelan County; however, Chelan County shall not be required to expend
unreasonable amounts to pursue and return inmates from other counties, states or countries.
17. DEATH OF AN INMATE
(a) In the event of the death of a City inmate, the Chelan County Coroner shall be notified.
The City shall receive copies of any records made at or in connection with such notification.
(b) Chelan County shall immediately notify the City of the death of a City inmate, furnish
information as requested, and follow the instructions of the City with regard to the disposition of the
body. In the case of an unattended death, suspicious death, or criminal case, the Chelan County
Coroner would have authority over the deceased and would coordinate with local law enforcement to
finish the investigation prior to the release of the deceased inmate. The City hereby designates the
then assigned jail Captain or his or her designee the official authorized to request information from
and provide instructions to Chelan County regarding deceased inmates. The body shall not be
released except on written order of said appropriate official of the City. Written notice shall be
provided within three (3) weekdays of receipt by the City of notice of such death. All expenses
relative to any necessary preparation of the body and shipment charges shall be paid by the City.
With the City's consent, Chelan County may arrange for burial and all matters related or incidental
thereto, and all such expenses shall be paid by the City. The provisions of this paragraph shall
govern only the relations between or among the parties hereto and shall not affect the liability of any
relative or other persons for the disposition of the deceased or for any expenses connected therewith.
(c) The City shall receive a certified copy of the death certificate for any of its inmates who
have died while in Chelan County's custody.
18. RETAKING OF INMATES
Upon request from Chelan County, the City shall, at its expense, retake any City inmate within
thirty-six (36) hours after receipt of such request. In the event the confinement of any City inmate is
terminated for any reason, the City shall, at its expense, retake such inmate at the CCRJC Facility.
Interlocal Agreement Between Chelan County Page 6 of 9
And the City of Kent
19. HOLD HARMLESS AND INDEMNIFICATION
Chelan County agrees to hold harmless, indemnify and defend the City, its officers, agents and
employees, from and against any and all claims, losses, or liability, for injuries, sickness or death of
persons, or damage to property, arising out of any willful misconduct or negligent act, error, or
omission of Chelan County, its officers, agents, or employees, in connection with the services
required by the Agreement, provided, however, that:
(a) Chelan County's obligations to indemnify, defend and hold harmless shall not extend to
injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or
negligence of the City, its officers, agents or employees or sub-consultants; and
(b) Chelan County's obligations to indemnify, defend and hold harmless for injuries, sickness,
death or damage caused by or resulting from the concurrent negligence or willful misconduct of the
Chelan County and the City or of Chelan County and a third party other than an officer, agent or
employee of Chelan County, shall apply only to the extent of the negligence or willful misconduct of
Chelan County.
20. RIGHT OF REFUSAL AND TRANSPORTATION
(a) Chelan County shall have the right to refuse to accept any inmate from the City when, in
the opinion of Chelan County, its inmate census is at capacity and there is a substantial risk that,
through usual operation of the jail, the reasonable operational capacity limits of the jail might be
reached or exceeded.
(b) Chelan County shall further have the right to refuse to accept any inmate from the City
who, in the judgment of Chelan County, has a current illness or injury which may adversely affect the
operations of the CCRJC, has a history of serious medical problems, presents a substantial risk of
escape, or presents a substantial risk of injury to other persons or property, or is classified as a
maximum security inmate pursuant to Chelan County's Objective Jail Classification System. The
inmate should be an inmate who has already been sentenced by the jurisdiction, and should not be
on pre-trial status.
(c) City prisoners incarcerated in Chelan County pursuant to this Agreement shall be
transported to Chelan County and at the expense of Chelan County and shall be returned, if
necessary, to the City by Chelan County personnel and at the County's expense provided that notice
of the necessity of transport is received by Chelan County three (3) days prior to the time of expected
transport. The City hereby designates the then assigned jail Captain or his or her designee the
official authorized to notify Chelan County of the dates for transport and the specific inmates to be
transported.
21 . INDEPENDENT CONTRACTOR
In providing services under this contract, Chelan County is an independent contractor and
neither it or its officers, agents or employees are employees of the City for any purpose, including
responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall
Interlocal Agreement Between Chelan County Page 7 of 9
And the City of Kent
the provision of services under this Agreement give rise to any claim of career service or civil service
rights, which may accrue to an employee of the City under any applicable law, rule or regulation.
22. GENERAL PROVISIONS
(a) Severability. In the event any provisions of this Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the
extent permitted by law. All provisions of this Agreement are severable and unenforceability or
invalidity of a single provision herein shall not affect the remaining provisions.
(b) Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Washington, and venue for any lawsuit shall be the Chelan County Superior Court.
(c) Attorney's Fees. In the event it is necessary for either party to utilize the services of an
attorney to enforce any of the terms of this Agreement, such enforcing party shall be entitled to
compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any
terms of this Agreement, the substantially prevailing party shall be entitled, in addition other relief, to
such reasonable attorney's fees and costs as determined by the Court.
(d) Waiver of Breach. The waiver by either party of the breach of any provision of this
Agreement by the other party must be in writing and shall not operate nor be construed as a waiver of
any subsequent breach by such other party.
(e) Savings Clause. Nothing in this Agreement shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provisions of
this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail but in such
event, the provisions of this Agreement affected shall be curtailed and limited only to the extent
necessary to bring it within legal requirements.
(f) Filing. This Agreement shall be filed with the Chelan County Auditor's Office pursuant to
RCW 39.34.040.
23. INTERPRETATION
This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired,
and it shall be given a fair and reasonable interpretation in accordance with its words, without
consideration or weight given to it being drafted by any party or its counsel. All words used in the
singular shall include the plural; the present tense shall include the future tense; and the masculine
gender shall include the feminine and neuter gender.
24. ACCESS TO RECORDS CLAUSE
The parties hereby agree that authorized representatives of the parties shall have access to
any books, documents, paper and record of the other party that are pertinent to this Agreement for
the purposes of making audits, examinations, excerpts and transcriptions. All such records and all
other records pertinent to this Agreement, and work undertaken pursuant to this Agreement shall be
retained by the parties for a period of three (3) years after the final expiration date of this Agreement
Interlocal Agreement Between Chelan County Page 8 of 9
And the City of Kent
or any amendments hereto, unless a longer period is required to resolve audit, findings or litigation.
In such cases, the parties may expressly agree by an amendment or separate agreement for such
longer period for record retention.
25. ENTIRE AGREEMENT
This Agreement represents the entire integrated Agreement between the City and Chelan
County and supercedes all prior negotiations, representations or agreements, either written or oral.
IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate
by the parties hereto and made affective on the day and year first above written.
CITY OF KENT, WA BOARD OF CHELAN COUNTY
COMMISSIONERS
By: Suzette Cooke, City of Kent Mayor
Keith Goehner, Chair
ATTEST: Doug England, Commissioner
City Clerk Ron Walter, Commissioner
ATTEST:
DATED: Sally Taylor
Clerk of the Board
DATED:
Approved as to Form:
Phil Stanley, Director
Chelan County Regional Justice Center
City of Kent, Deputy City Attorney
Approved as to Form:
Gary A. Riesen, Chelan County Prosecutor
Interlocal Agreement Between Chelan County Page 9 of 9
And the City of Kent
KENT Agenda Item: Consent Calendar — 7F
TO: City Council
DATE: September 18, 2012
SUBJECT: 2012 Emergency Management Performance Grant — Accept
MOTION: Authorize the Mayor to accept the Emergency Management
Performance Grant from the Washington State Military Department and the
Department of Homeland Security and authorize the Mayor to sign all required
documents, and expend the funds in accordance with the grant terms subject to
approval by the Police Chief and City Attorney.
SUMMARY: Our Emergency Management Division received a grant in the
amount of $105,500 from the Washington State Military Department and the
Department of Homeland Security to supplement local budget expenditures.
The Washington State Military Department, Emergency Management Division, receives
grant monies each year from the Department of Homeland Security through the
Emergency Management Performance Grant (EMPG). A portion of this grant is
earmarked by the State to be passed through to local jurisdictions that have
emergency management programs to supplement their local emergency management
operating budget in an effort to enhance their emergency management programs.
The Statement of Work, which is included in the attached contract, outlines the
objectives, goals, and deliverables that were identified when we applied for the grant
monies.
EXHIBITS: Contract with State of Washington Military Department, Emergency
Management Division
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS:
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub-grantee Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
City of Kent-Office of Emergency
Management(OEM) $105,500 E12-322
24611 116th Ave SE
Kent,WA 98030-4939
4. Sub-grantee Contact, phone number: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Jennifer Keizer, 253-856-4342 June 1, 2012 August 31, 2013
7. Department Program Manager, phone number: 8. Data Universal Numbering System(DUNS): 9. UBI #(state revenue):
Sierra Wardell, (253) 512-7121 20253613 173-000-002
10. Funding Authority:
Washington State Military Department the "DEPARTMENT" and the U.S. Department of Homeland Security DHS
11. Federal Funding Source 12. Department 13. Catalog of Federal Domestic Assistance 14. TIN:
Agreement#: Funding Code (PI): (CFDA) #&Title: 91-6001254
EMW-2012-App-00071 723PT 97.042 EMPG
15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 33,47 Kin Certified?: X N/A El NO
g
(BY CONGRESSIONAL DISTRICT): 8, 9 ❑ YES, OMWBE#
18. Agreement Classification 19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Sub-Grantee Selection Process: 21. Sub-Grantee Type (check all that apply)
X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security(DHS) Emergency Management Performance Grant(EMPG)funds to
local jurisdictions and tribes with emergency management programs to support and enhance those programs as
described in the Work Plan.
IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet, Special Terms & Conditions (Exhibit A), General Terms and
Conditions (Exhibit B), Work Plan (Exhibit C), Milestone Timeline (Exhibit D), Budget (Exhibit E), and all other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature Date Signature Date
Dan Swisher, Chief Financial Officer Suzette Cooke, Mayor
Emergency Management Division
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM: Signature Date
Jim Schneider, Fire Chief
Brian E. Buchholz, Signature on file Date 6/13/2012 APPROVED AS TO FORM (if applicable):
Assistant Attorney General
Applicant's Legal Review Date
Form 6/13/2012 wjg
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Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I -- KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
SUB-GRANTEE MILITARY DEPARTMENT
Name Jennifer Keizer Name Sierra Wardell
Title EM Specialist Title EMPG Program Manager
E-Mail jdkeizer@kentwa.gov E-Mail sierra.wardell@mil.wa.gov
Phone 253-856-4342 Phone 253-512-7121
Name Jim Schneider Name Gary Stumph
Title Fire Chief Title EMPG Program Coordinator
E-Mail jchneider@kentwa.gov E-Mail gary.stumph@mil.wa.gov
Phone Phone 253- 512-7483
Name Name Olivia Hollowwa
Title Title EMPG Program Coordinator
E-Mail E-Mail olivia.hollovvwa@mil.wa.gov
Phone Phone 253-512-7149
ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub-grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations (formerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for
Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of
States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non-Federal sources. The Sub-grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non-Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
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existing program agreements. Non-governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub-grantee shall comply with all applicable federal laws, regulations and guidance
referenced in the "FY 2012 Emergency Management Performance Grants (EMPG)
Program Funding Opportunity Announcement (FOA)", which can be found at
http://www.fema.gov/government/grant/empg/ and are hereby incorporated in and made
a part of this Agreement.
6. The Sub-grantee shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and
complete and return to the Department Attachment #1, Attachment #1 attached to and
made a part of this Agreement.
ARTICLE III — REIMBURSEMENT/INVOICING PROCEDURES
1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http://www.gsa.gov without prior written
approval by Department key personnel.
2. Receipts and/or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub-grantee and be made available upon request by the Department, and local, state,
or federal auditors.
3. The Sub-grantee will submit reimbursement requests to the Department by submitting a
signed A-19 Invoice form and a completed reimbursement spreadsheet (in the format
provided by the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department's key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be
submitted at least bi-annually.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub-grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub-grantee's
authorized representative that states "all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements".
7. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Milestone Timeline and the
Work Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports
and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if the Sub-grantee is not
current with all reporting requirements contained in this Agreement.
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ARTICLE IV— REPORTING REQUIREMENTS
1. The Sub-grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall
submit to the Department's key personnel a final report describing all completed activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle's Work Plan. If a Sub-grantee will not be applying for grant funding
during the next annual grant cycle application process, a final report will be submitted to the
Department detailing progress on all activities listed in the Work Plan.
ARTICLE V— EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will
be recorded and maintained in the Sub-grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub-
recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub-grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub-grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub-grantee for a period of six years from
the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub-grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub-grantee shall take a physical inventory of the equipment and reconcile the results
with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Sub-grantee to determine the cause of the difference. The Sub-grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub-grantee shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage or theft shall be investigated
and a report generated and sent to the Department.
7. If the Sub-grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
a. Items of equipment with a current per-unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to
the awarding agency.
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b. Items of equipment with a current per-unit fair market value of more than $5,000 may
be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring
agency for its share.
9. As recipient of federal funds the Sub-grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub-contractors,
consultants, and sub-grantees who receive pass-through funding from this Grant
Agreement.
10. Allowable equipment categories for the FY 2012 EMPG Program are listed on the web-
based version of the Authorized Equipment List (AEL) located at the Responder Knowledge
Base at http://www.rkb.us/. Reimbursement will only be provided for equipment that (1) is
on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through
the Department; Sub-grantees must contact the Department representative for assistance
in seeking FEMA approval for equipment not on the AEL. Unless expressly provided
otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted
standards to be eligible for purchase using EMPG funds. In addition, Sub-grantees must
obtain and maintain all necessary certifications and licenses for the equipment. Sub-
grantees are solely responsible for ensuring equipment eligibility.
ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION
1 . The Sub-grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located at
http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm.
2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub-grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review.
Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of
funds.
ARTICLE VII — PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub-grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub-grantee's sub-contractors, at
which point the Sub-grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII — SUB-GRANTEE MONITORING
1. The Department will monitor the activities of the Sub-grantee from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, a-mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure allowability
and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
DHS-FEMA-EMPG-FFY 12 Page 5 of 29 City of Kent—OEM
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f. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-
recipients who receive pass-through funding from this Agreement.
ARTICLE IX— GRANT AGREEMENT MODIFICATION REQUESTS
A Sub-grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X— NIMS COMPLIANCY
1. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2012 (FFY12) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2012 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nation sub-grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY11. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource Center at
http://www.fema.gov/emergency/nims.
4. Local governments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the Five-Year NIMS Training
Plan, released in February 2008 and any successor guidance released by FEMA. [Note:
Coursework and training developed and/or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the Five-Year NIMS
Training Plan]. NIMS training guidance is available on FEMA's NIMS Resource Center at
http://www.fema.gov/emergency/nims/NIMSTrainingCourses.shtm.
ARTICLE XI — EMPG SPECIFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS)/Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all-hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law93-288, as amended, 42 U.S.C. 5121-5207).
2. A portion of the FFY12 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes that have emergency management programs to supplement
their local/tribal operating budgets. Each jurisdiction or tribe that applied and met the
qualifications specified in WAC 118-09 regarding emergency management assistance
funds was awarded a sub-grant based on the size of their agency's emergency
DHS-FEMA-EMPG-FFY 12 Page 6 of 29 City of Kent—OEM
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management operating budget. Funds are used by local jurisdictions and tribes to enhance
their emergency management capability.
3. Funds are provided by DHS/FEMA solely for the use of supporting emergency
management programs as provided by the EMPG Program. The Sub-grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub-grantee's application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub-grantee shall provide a match of $105,500 of non-federal origin. Match (cost
share) may be cash or in-kind. To meet matching requirements, the Sub-grantee
contributions must be reasonable, allowable, allocable and necessary under the grant
program and must comply with all Federal requirements and regulations, including but not
limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track and document match.
5. The Sub-grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub-grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
The Sub-grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement or any type of payment
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY12
EMPG Program. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department.
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department' means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub-grantee" means the government or other eligible legal entity to which a sub-
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub-grantee
and any sub-contractor retained by the Sub-grantee as permitted under the terms of
this Grant Agreement. The term "Sub-grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub-grantee Agent' means the official representative and alternate designated or
appointed by the Sub-grantee in writing and authorized to make decisions on behalf
of the Sub-grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the sub-grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" — is defined and used herein to mean the Public Law.
h. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" — is defined and used herein to mean the Office of Management and Budget.
j. "WAC" — is defined and used herein to mean the Washington Administrative Code.
k. "RCW" — is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of
federal funds from all sources, direct and indirect, are required to have a single or a
program-specific audit conducted in accordance with the Office of Management and
Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non-federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A-133. As defined in Circular A-133, the term
"non-federal entity" means a State, local government, or non-profit organization, and the
term "State" includes Indian tribes. Circular A-133 is available on the OMB Home Page
at http://www.omb.gov.
SUB-GRANTEES required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards (GAGAS) as
found in the Government Auditing Standards (the Revised Yellow Book) developed by
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the Comptroller General and the OMB Compliance Supplement. The SUB-GRANTEE-
grantee has the responsibility of notifying its auditor and requesting an audit in
compliance with Circular A-133, to include the Washington State Auditor's Office, a
federal auditor, or a public accountant performing work using GAGAS, as appropriate.
Costs of the audit may be an allowable grant expenditure as authorized by Circular A-
133.
The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub-contractors also maintain auditable
records.
The SUB-GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub-contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB-GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB-GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB-GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB-
GRANTEE's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133,
SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE
fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB-GRANTEE shall include the above audit requirements in any sub-contracts.
Conducting a single or program-specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A-133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
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A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB-GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that
the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub-
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non-procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub-awards to sub-recipients for any amount. With respect to covered
transactions, the SUB-GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub-contractor or sub-recipient or by checking
the Excluded Parties List System (EPLS) maintained by the federal General Services
Administration (GSA). The SUB-GRANTEE also agrees not to enter into any
arrangements or contracts with any party on the Washington State Department of Labor
and Industries' 'Debarred Contractor List."
A.8 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB-GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB-GRANTEE who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest,
DHS-FEMA-EMPG-FFY 12 Page 10 of 29 City of Kent—OEM
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direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement.
The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is
not responsible for determining compliance with, any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, and/or policies. This
obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy
Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities
Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL
93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against
Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56),
Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW
43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
A.10 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for
any purpose not directly connected with the administration of the DEPARTMENT's or the
SUB-GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT.
However, the parties acknowledge that the DEPARTMENT, and state and local
agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public
Records Act.
A.11 DISPUTES
The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes
arising out of or relating to this Grant Agreement through discussion and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this Agreement,
the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
DHS-FEMA-EMPG-FFY 12 Pagel 1 of 29 City of Kent—OEM
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omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE, or SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.13 LIMITATION OFAUTHORITY—Authorized Signature
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT's Authorized
Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or
Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUB-
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.14 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a "Termination for
Cause" without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and
Modifications" to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB-GRANTEE.
A.16 NONDISCRIMINATION
The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status,
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honorably discharged veteran or military status, or disability (physical, mental, or
sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Grant Agreement.
A.17 NOTICES
The SUB-GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUB-GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB-GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so
comply.
A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB-
GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.20 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.22 PUBLICITY
The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT's name is mentioned or language used from which the connection of the
DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied.
The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
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A.23 RECAPTURE PROVISION
In the event the SUB-GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and/or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB-
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.24 RECORDS
a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records").
b. The SUB-GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB-
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB-GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB-GRANTEE's normal working day.
d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB-GRANTEE in connection with the project.
The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and/or attorneys' fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
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A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUB-GRANTEE hereby certifies that to the best of
their knowledge and belief: (1) no federally appropriated funds have been paid or will be
paid by or on behalf of the SUB-GRANTEE to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the SUB-GRANTEE will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions; (3) and that, as applicable, the SUB-GRANTEE will require that the
language of this certification be included in the award documents for all subawards at all
tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into, and is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB-CONTRACTING
The SUB-GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub-contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB-GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
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It is understood that if the SUB-GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the SUB-GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE
shall be liable for all damages as authorized by law. The rights and remedies of the
DEPARTMENT provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall
not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB-
GRANTEE in writing of the need to take corrective action. If the corrective action is not
taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if
such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB-GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB-GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
DHS-FEMA-EMPG-FFY 12 Page 16 of 29 City of Kent—OEM
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costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence,
the termination shall be deemed to be a "Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB-
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed
work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The
DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB-GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub-contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant Agreement
as is not terminated;
C. Assign to the DEPARTMENT, in the manner, at the times, and to the extent
directed by the DEPARTMENT, all of the rights, title, and interest of the SUB-
GRANTEE under the orders and sub-contracts so terminated, in which case the
DEPARTMENT has the right, at its discretion, to settle or pay any or all claims
arising out of the termination of such orders and sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub-contracts, with the approval or ratification of the DEPARTMENT
to the extent the DEPARTMENT may require, which approval or ratification shall
be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and
to the extent directed by the DEPATMENT any property which,
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if the Grant Agreement had been completed, would have been required to be
furnished to the DEPARTMENT;
f. Complete performance of such part of the work as shall not have been
terminated by the DEPARTMENT in compliance with all contractual
requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require,
for the protection and preservation of the property related to this Grant
Agreement which is in the possession of the SUB-GRANTEE and in which the
DEPARTMENT has or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB-GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB-GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Grant
Agreement. The SUB-GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon
strict performance of any provision of the Grant Agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
APPROVED 6/13/2012
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Exhibit C
�t 2012 Emergency Management Program Workplan
U Agency: City of Kent - OEM
Q
Required Activities for EMPG eligibility
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the
five elements of emergency management: prevention; protection; response; recovery, and mitigation.
Washington State does not require a specific number of activities to receive EMPG funding, however, there are
required capabilities that must be conducted in order to remain eligible for EMPG funding, including the ability to
communicate and warn, educate the public, train and exercise, plan and be NIMS compliant
Core
Capability or Communications and Warning
EMF
1 General Plan for 12EMPG: Participate in all scheduled National Warning System (NAWAS) tests and
exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary
Warning Point. This in the on-going test of the statewide warning fan-out as outlined in the State
CEMP and warning annex. All emergency management jurisdictions must be a part of this fan-out.
Core
Capability or Communications and Warning
EMF
2 General Plan for 12EMPG: Work with EMD to ensure Comprehensive Emergency Management
Network (CEMNET) capability is maintained and participate in scheduled testing between local
Emergency Operations Center (EOC) or similar facility and the state EOC.
Core
Capability or Communications and Warning
3 EMF
General Plan for 12EMPG: Develop and/or update local plans and equipment for use of amateur
radio (HAM bands) through the Radio Amateur Civil Emergency Service (RACES) program and the
state RACES plan.
Core
Capability or Communications and Warning
q EMF
General Plan for 12EMPG: Notify the state EOC immediately upon activation of Kent ECC. Provide
Situation Reports (SITREPS) as needed.
Core
Capability or Communications and Warning
EMF
5 General Plan for 12EMPG: Where possible, work with the Local Area Emergency Alert System (EAS)
Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing
guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance
from the State EMD Telecommunications staff.
6 Core Communications and Warning
DHS-FEMA-EMPG-FFY 12 Page 19 of 29 City of Kent—OEM
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Capability or
EMF
General Plan for 12EMPG: Participate in all scheduled EAS test commensurate with your EAS plan
and operational status of you LRN.
Core
Capability or Laws and Authorities
7 EMF
General Plan for 12EMPG: To be fully compliant with Federal National Incident Management System
(NIMS) compliance requirements. Failure to meet NIMS compliance requirements will result in the loss
of federal preparedness funding.
Core
Capability or Exercises
8 EMF
General Plan for 12EMPG: Participate in the design, conduct and evaluate at least one exercise
during the performance period.
Core
Capability or Planning
EMF
9 General Plan for 12EMPG: Review the Comprehensive Emergency Management Plan (CEMP) and
supporting Emergency Support Functions (ESFs). The CEMP to be compliant with both the National
Response Framework and the National Incident Management System (NIMS). Requirements for plan
development and submission are provided in RCW38.52.070, WAC 118-09 and WAC 118-30
Core
Capability or Finance and Administration
10 EMF
General Plan for 12EMPG: Submit for reimbursement in compliance with 12EMPG Guidance, award
contract, 44CFR, 2CFR Parts 225, 220 and 230
Core
Capability or Public Education and Information
11 EMF
General Plan for 12EMPG: Conduct public disaster/ emergency preparedness education programs
for the citizens and businesses in the community and schools.
Core
Capability or Communications and Warning
12 EMF
General Plan for 12EMPG: Conduct a monthly Citywide radio drill on the Kent Citywide Radio System
800MHz radios between the ECC and all designated Department Operating Centers (DOCs)
Core
Capability or Communications and Warning
13 EMF
General Plan for 12EMPG: Participate in King County Zone 3 monthly 800MHz radio test. The test is
for all public and private agencies in the geographic area of South King County known as Zone 3 to
test.
14 Core Communications and Warning
DHS-FEMA-EMPG-FFY 12 Page 20 of 29 City of Kent—OEM
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Capability or
EMF
General Plan for 12EMPG: Participate in the King County 800MHz radio test monthly.
Core
Capability or Public Education and Information
EMF
15 General Plan for 12EMPG: Conduct a minimum of 2 CERT academies. To teach the full 8 week long
FEMA Course using the approved curriculum. Accommodate students from the general citizenry in
Kent and Fire District 37, the business community in the greater Kent area, and employees from the
City of Kent, Covington and Kent Fire Department and Kent/Covington Schools.
Core
Capability or Communications and Warning
EMF
16 General Plan for 12EMPG: Utilize the city webpage as a resource for outreach and information to the
local, regional, and business communities. To work with Kent RFA Administration to create and
develop a webpage for Kent Fire -RFA/ OEM. Once the Kent Fire Dept/ OEM Website is created we
will also utilize the webpage for same resource.
Core
Capability or Public Education and Information
17 EMF
General Plan for 12EMPG: Set up and staff visual public display booths for large citywide events
including Cornucopia Days and Covington Days. Distribute preparedness information and flyers.
Core
Capability or Public Education and Information
18 EMF
General Plan for 12EMPG: Participate in National Night Out by promoting the Kent Citizen Corps
program in the Community and distributing flyers on personal preparedness.
Core
Capability or Public Education and Information
19 EMF
General Plan for 12EMPG: To hold continuing education classes for past CERT graduates. To
improve and refresh the skills of CERT graduates, keeping their skills current improve their ability to
respond to support their community& first responders at time of a disaster.
Core
Capability or Planning
Y0 EMF
General Plan for 12EMPG: Continue participation in the King County Emergency Management
Advisory Committee, the King County Local Emergency Planning Committee (LEPC)
Core
21 Capability or Planning
EMF
DHS-FEMA-EMPG-FFY 12 Page 21 of 29 City of Kent—OEM
E12-322
General Plan for 12EMPG: Continue participation in the Region 6 Homeland Security Council and the
King County Citizen Corps Council. Continue implementing the Region 6 Homeland Security Strategic
Plan and funding distribution plans.
Core
Capability or Planning
22 EMF
General Plan for 12EMPG: Continued participation in the King County Local Emergency Planning
Committee LEPC
Core
Capability or Planning
23 EMF
General Plan for 12EMPG: Continued participation in the King County Region Hazmat Providers
Group.
Core
Capability or Planning
24 EMF
General Plan for 12EMPG: Continued participation in the KC Mass Care Workgroup bi-monthly
meetings.
Core
Capability or Planning
25 EMF
General Plan for 12EMPG: Continued participation in the Regional Catastrophic Planning Group
meetings.
Core
Capability or Planning
EMF
26 General Plan for 12EMPG: Conduct City Emergency Planning Committee meetings to address all
four phases of emergency management within the City of Kent and Kent Fire Dept. Members are
representatives of individual departments and the meeting activities incorporate training, ECC/DOC
interface, and planning elements.
Core
Capability or Planning
27 EMF
General Plan for 12EMPG: Continue to coordinate COOP plan development for all city departments,
review draft plans and assist with standardizations for essential functions
Core
Capability or Planning
Y8 EMF
General Plan for 12EMPG: Meet with South King County geographic Zone 3 Emergency
Management Directors to collaborate on common interest issues involving emergency management in
Zone 3 and regional coordination with King County, Zone 1 and Zone 5.
Core
Capability or Planning
29 EMF
General Plan for 12EMPG: Conduct Kent LEPC meetings annually to meet the requirements of
EPCRA. To review and update Kent LEPC Hazardous Materials Emergency Response Plan.
DHS-FEMA-EMPG-FFY 12 Page 22 of 29 City of Kent—OEM
E12-322
Core
Capability or Hazard Identification
30 EMF
General Plan for 12EMPG: Review the requirements for the FEMA Community Rating System
including any impact analysis reports and CRS activities. Coordinate activities with Public Works to
determine activities necessary and achievable to reduce insurance premiums.
Core
Capability or Planning
31 EMF
General Plan for 12EMPG: Continue to identify enhancements of Kent OEM ECC functionality and
capabilities.
Core
Capability or Logistics and Resource Management
32 EMF
General Plan for 12EMPG: Continue to conduct monthly ECC in service days to test systems on a
rotating basis. All systems such as electronics, displays, forms, and other material required for
activation are checked and tested.
Core
Capability or Training
33 EMF
General Plan for 12EMPG: Research and send staff to available training activities, conferences, or
professional development courses or meetings to enhance personnel professionalism in emergency
management.
Core
Capability or Training
34 EMF
General Plan for 12EMPG: Kent Communication Support Team (KCST) to hold drills on each 5th
Saturday in 2011 and other trainings as needed.
Core
Capability or Communications and Warning
35 EMF
General Plan for 12EMPG: Maintain and update the reverse 911 community alert systems
(CodeRed) for Kent.
Core
Capability or Training
36 EMF
General Plan for 12EMPG: To deliver position specific training to staff in preparation for participation
in IEMC.
Core
Capability or Planning
37 EMF
General Plan for 12EMPG: Continue to actively participate in the Public Assistance Program and
recovery actions resulting from Howard Hanson Dam issues.
38 Core Mitigation
DHS-FEMA-EMPG-FFY 12 Page 23 of 29 City of Kent—OEM
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Capability or
EMF
General Plan for 12EMPG: Continue to work on levee restoration as a result of the Green Giver
Howard Hanson Dam planning and preparation activities.
Core
Capability or Hazard Identification
39 EMF
General Plan for 12EMPG: Receive Review and Document Tier II's from HAZMAT facilities.
Core
Capability or Training
40 EMF
General Plan for 12EMPG: Develop and train a volunteer team to support multiple functions within the
ECC and/or Disaster Preparedness/Recovery as per WAC 118.04
Core
Capability or Training
EMF
41 Accomplishments for 11 EMPG: New for 2012 work plan
General Plan for 12EMPG: Participate in and assist in the planning, development and training for the
evergreen quake exercise.
Core
Capability or Communications and Warning
EMF
42 Accomplishments for 11 EMPG: New for 2012 work plan
General Plan for 12EMPG: Replace and/or Reband City Wide 800 MHz radios.
DHS-FEMA-EMPG-FFY 12 Page 24 of 29 City of Kent—OEM
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Exhibit D
MILESTONE TIMELINE
FFY12 Emergency Management Performance Grant Program
MILESTONE TASK
June 1, 2012 Start of Grant Agreement performance period.
August 31, 2013 End of grant performance period.
October 15, 2013 Submit all final reports, requests for reimbursement and/or
deliverables.
DHS-FEMA-EMPG-FFY 12 Page 25 of 29 City of Kent—OEM
E12-322
Exhibit E
Budget Sheet
FFY12 Emergency Management Performance Grant Program
Category Amount
Salaries and Benefits $
Memberships $ -
Travel $ 20,000
Equipment $ 35,000
Office Supplies $ 15,250
Uniforms $ 1,000
-Telephones $ 1,500
-Printing $ 5,000
-Copier Usage $ 2,500
-Equip. Lease $ 5,000
IT $ 5,250
Professional Services $ 10,000
FFY12 EMPG Award 105,500
• The award for City of Kent - OEM award is based on the FFY11 allocation factor of 18.1%
of approved local/tribal emergency management operating budgets.
• City of Kent -OEM will provide a match of 50% of the total project cost ($105,500) of non-
federal origin.
• A total of 5% of this award can be used to pay for management and administration of this
contract.
• Cumulative changes to budget categories in excess of 10% of the contract award will not be
reimbursed without prior written authorization from the Department.
• This award will not be used to supplant the local/tribal funds.
• The Department's Reimbursement Spreadsheet will accompany each reimbursement
request submitted.
• The Contractor agrees to make all records available to Military Department staff, upon
request.
Funding Source: U.S. Department of Homeland Security - PI# 723PT- EMPG
DHS-FEMA-EMPG-FFY 12 Page 26 of 29 City of Kent—OEM
E12-322
ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act(FFATA) was signed on September
26, 2006. The FFATA legislation requires information on federal awards (federal financial
assistance and expenditures)be made available to the public via a single, searchable website.
Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms
of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and
delivery orders. The legislation does not require inclusion of individual transactions below
$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance
Subrecipients are required by the Military Department to be familiar with the FFATA
requirements and complete this Worksheet for each contract for the State's submission in to the
FFATA portal.
ADDITIONAL PROVISIONS
A. This contract(subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a)
of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de-obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
DHS-FEMA-EMPG-FFY 12 Page 27 of 29 City of Kent—OEM
E12-322
information for payment purposes and a link to D&B for maintaining current
DUNS information, www.ccr.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS)
number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A
DUNS number provides a method to verify data about your organization. D&B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if:
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If(1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2)the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below.
DHS-FEMA-EMPG-FFY 12 Page 28 of 29 City of Kent—OEM
E12-322
WORKSHEET
Subrecipient Agency:
Grant and Year: Agreement Number:
Completed by:
Name Title Telephone
Date Completed:
Is your grant agreement less than $25 000? YES STOP no further analysis NO GO to Step 2
�� needed, GO to Step 6 II""`
STEP"
In your preceding fiscal year, did your YES NO STOP no further
organization receive 80% or more of its annual GO to STEP 3 analysis needed, GO
gross revenues from federal funding? to Step 6
.. ......STD'""a........
In your preceding fiscal year, did your YES NO STOP no further
organization receive $25,000,000 or more in r GO to STEP 4 analysis needed, GO
federal funding? V to Step 6
STEM'4"
Does the public have access to information about YES STOP no further analysis NO
the total compensation*of senior executives in GO to STEP 5
your organization? needed, GO to step 6
Name...
Executive#1 Total Compensation amount: $
Name:
Executive#2 Total Compensation amount: $
Name:
Executive#3 Total Compensation amount: $
Name:
Executive#4 Total Compensation amount: $
Name:
Executive#5 Total Compensation amount: $
If your organization does not meet these criteria specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25,000."
Signature: Date:
*Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse.gov/omb/open
http://www.hrsa.gov/grants/ffata.html
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf
http://www.grants.gov/
DHS-FEMA-EMPG-FFY 12 Page 29 of 29 City of Kent—OEM
E12-322
WORKSHEET
Subrecipient Agency: City of Kent Office of Emergency Management
Grant and Year EMPG 06/2012—07/2013 1 Agreement Number
Completed by: D V Marzano Emergency Manager Div Chief 253.856.4316
Name Title Telephone
Date Completed 9/4/2012
YES STOP, no further analysis NO
Is your grant agreement less than $25,000? needed, GO to Step 6 GO to Step 2
In your preceding fiscal year, did your YES NO STOP, no further
organization receive 80% or more of its annual GO to STEP 3 analysis needed, GO
gross revenues from federal funding? I to Step 6
in your preceding fiscal year, did your YES NO STOP, no further
organization receive $25,000,000 or more in GO to STEP 4 analysis needed, GO
federal funding? to Step 6
Does the public have access to information about YES STOP, no further analysis NO
the total compensation*of senior executives in needed, GO to step 6 GO to STEP 5
your organization?
Name
Executive#1 Total Compensation amount: $
Name
Executive#2 Total Compensation amount: $
Name
Executive#3 Total Compensation amount: $
Name
Executive#4 Total Compensation amount: $
Executive#5 Name
Total Compensation amount: $
STEP 0
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25,000."
In your preceding fiscal year our organization did not receive 80% or more of its annual gross revenues from federal
Signature Dote� ____
^Total compensation refers to�
v Salary and bonuses
v Awards of stock, stock options, and stock appreciation rights
v Other compensation including, but not limited to, severance and termination payments
v Life insurance value paid on behalf of the employee
Additional Resources
http:/kwwwwhitehouoegov/onob/open
http:/kwwwhroagov/granta0fatahtno|
http:/kwwwgpogov/fdoyo/pkg/FR'2010'0914/pdf/2010'22705pdf
http:/kwwwgrantogov/
DHS'FEMA'EMPGFFY12 Page 20of20 City of Kent—OEM
E12'322
Washington Military Department Contract Number:
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
or Solicitation#,if any: Identifier(UBI) Identification#:
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date:
Print Name and Title:
Washington Military Department Contract Number:
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Whv am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a"lower tier participant'?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
KENT Agenda Item: Consent Calendar — 7G
TO: City Council
DATE: September 18, 2012
SUBJECT: DUI Cost Recovery Ordinance Amending Kent City
Code 9.36 — Adopt
MOTION: Adopt Ordinance No. adding a new section 9.36.120 to
the Kent City Code entitled, "Emergency Response Caused by Person's Intoxication —
Recovery of Costs From Convicted Person."
SUMMARY: The legislature has found that a public agency incurs expenses in an
emergency response and allows a public agency to recover the expenses of an emer-
gency response to an incident involving persons who operate a motor vehicle, boat, or
vessel, while under the influence of an alcoholic beverage or drug, or the combined
influence of an alcoholic beverage and a drug.
The city of Kent provides emergency response to a number of incidents involving
operation of a motor vehicle, boat, or vessel while under the influence of an alcoholic
beverage or drug, or the combined influence of an alcoholic beverage and a drug.
This emergency response results in high costs to the city, specifically in terms of
police officer time spent responding to such incidents.
This ordinance provides a mechanism for the city to recoup some of these costs from
the individual responsible for creating the need for the emergency response due to
their intoxication.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: None
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.36
by adding a new section 9.36.120 to the Kent City
Code entitled, "Emergency response caused by
person's intoxication - Recovery of costs from
convicted person."
RECITALS
A. Revised Code of Washington 38.52.430 states that a public
agency incurs expenses in an emergency response and allows a public
agency to recover the expenses of an emergency response to an incident
involving persons who operate a motor vehicle, boat, or vessel, or a civil
aircraft while under the influence of an alcoholic beverage or drug, or the
combined influence of an alcoholic beverage and a drug.
B. The city of Kent and the Regional Fire Authority provide
emergency response to a high number of incidents involving individuals
who operate a motor vehicle, boat, or vessel while under the influence of
an alcoholic beverage or drug, or the combined influence of an alcoholic
beverage and drug. This emergency response results in a high cost to the
city and Regional Fire Authority specifically in terms of police and fire time
spent responding to such incidents. This ordinance provides a mechanism
for the city to recoup some of these costs from the individual responsible
for creating the need for the emergency response due to their intoxication.
1 DUI Cost Recovery
Amend KCC 9.36
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - New Section. A New Section 9.36.120 of the Kent
City Code is added as follows:
Sec. 9.36.120. Emergency response caused by person's
intoxication - Recovery of costs from convicted person. A person
whose intoxication causes an incident resulting in an appropriate
emergency response, and who, in connection with the incident, has been
found guilty of or has had his or her prosecution deferred for driving while
under the influence of intoxicating liquor or any drug pursuant to RCW
46.61.502 or use of a vessel while under the influence of alcohol or drugs
pursuant to RCW 79A.60.040 is liable for the expense of the emergency
response to the incident by a public agency. In no event shall a person's
liability under this section for the expense of an emergency response
exceed two thousand five hundred dollars for a particular incident.
The expense of an emergency response is a charge against the person
liable for expenses under this section. The charge constitutes a debt of
that person and is collectible by the public agency incurring those costs in
the same manner as in the case of an obligation under a contract,
expressed or implied. Following a conviction of an offense listed in this
section, and prior to sentencing, the prosecution may present to the court
information setting forth the expenses incurred by the public agency for its
emergency response to the incident. Upon a finding by the court that the
expenses are reasonable, the court shall order the defendant to reimburse
the public agency. The cost reimbursement shall be included in the
sentencing order as an additional monetary obligation of the defendant
2 DUI Cost Recovery
Amend KCC 9.36
and may not be substituted for any other fine or cost required or allowed
by statute. The court may establish a payment schedule for the payment
of the cost reimbursement, separate from any payment schedule imposed
for other fines and costs.
For the purposes of this section, the phrase "expense of an emergency
response" means reasonable costs incurred by a public agency in
reasonably making an appropriate emergency response to the incident, but
shall only include those costs directly arising from the response to the
particular incident. Reasonable costs shall include the costs of providing
police, coroner, firefighting, rescue, emergency medical services, or utility
response at the scene of the incident, as well as the salaries of the
personnel responding to the incident.
SECTION 2, — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3, — SeverabilitY. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4, — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
3 DUI Cost Recovery
Amend KCC 9.36
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12012.
APPROVED: day of 12012.
PUBLISHED: day of 12012.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P:\Civil\Ordinance\DUI Cost Recovery Revise 9.36.docx
4 DUI Cost Recovery
Amend KCC 9.36
KENT Agenda Item: Consent Calendar — 7H
TO: City Council
DATE: September 18, 2012
SUBJECT: Public Works Trust Fund Loan — Approve
MOTION: Authorize the Mayor to sign an agreement with the Washington
State Public Works Board for a $2-million Public Works Trust Fund Loan to help
finance the Tacoma Regional Water Supply System filtration plant, subject to
approval of final terms and conditions by the City Attorney and Public Works
Director.
SUMMARY: The project involves the construction of a water filtration plant
capable of meeting the federal Long Term 2 Enhanced Surface Water Treatment Rule
requirements of 99% cryptosporidium removal from the Green River water supply.
The elements of the project include: Engineering design for a plant capacity of
approximately 150 million gallons per day, Cultural, Historic, Environmental, and
Public review, permitting approvals, construction bid document preparation, award of
construction contracts, construction of sedimentation/filtration basins, clear wells,
chemical and pumping facilities, necessary water mains and equipment to integrate
the new filtration plant with existing water system, facilities to process backwash
water and residuals, stormwater systems, and general site improvements including
grading, access, and security as well as startup and testing of new facilities.
EXHIBITS: Tacoma Second Supply Filtration Plant Construction Loan PC13-961-002
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Costs for the City's share of the filtration plant design and
construction were anticipated and included in the current water rate schedule adopted
by Council in 2009. This loan would provide for a low-interest alternative to selling
bonds for financing. The City's share of this project is estimated to be $25-million of
the total $215-million. This is the same percentage as the City's proportionate share
of the water right.
0�5)7-
Washington State
0 Public Works Board1011 Plum Street SE
Post Office Box 42525
Olympia,Washington 98504-2525
August 1, 2012
Brad Lake
City of Kent
220 4th Ave S
Kent, WA 98032-5895
RE: Loan Contract Number: PC13-961-002
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Dear Mr. Brad Lake:
Enclosed are two originals of your Construction Loan Contract. This Contract details the terms and
conditions that will govern the agreement between us. Please review the terms and conditions of the
Contract carefully. We recommend consulting with your legal advisor before accepting this loan
offer.
When you have obtained the appropriate original signatures (do not use signature stamps), return
both original contracts and all the attachments to the Public Works Board office within 60 calendar
days of the date of this letter. Failure to return the contracts within this timeline may result in the
loan offer being withdrawn.
After the Contracts have been signed by the Board, one fully executed original along with
instructions for drawing funds will be mailed to you. We encourage you to store these and all
pertinent documents associated with this project and loan offer in a file that is readily accessible to
auditors for their periodic review.
We look forward to working with you over the course of your successful public works project. If you
have any questions about this Contract, please contact me at the below listed address.
Sincerely,
i
Jeff Hinckle
PWB Staff
(360) 725-3060
jeff.hinckle@commerce.wa.gov
Enclosures:
ATTACHMENT I: ATTORNEY'S CERTIFICATION
Form EZ1
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City of Kent Page 1 Construction
PC13-961-002 8/1/2012 Public Works Board Contract
Washington State
f i Public Works Board
1011 Plum Street SE
Post Office Box 42525
Olympia,Washington 9 8 504-2 52 5
Construction Loan Agreement between:
City of Kent
and
Public Works Board
For:
Project Name: Tacoma Second Supply Filtration Plant
Loan Number: PC13-961-002
Loan Type: Construction
Execution/Start ®ate: Contract Execution Date
(to be filled by the Public Works Board)
City of Kent Page 3 Construction
PC13-961-002 8/1/2012 Public Works Board Contract
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DECLARATIONS
CLIENT INFORMATION
Legal Name: City of Kent
Loan Number: PC13-961-002
Federal Tax Identification Number: 916001254
State Wide Vendor Number: 0000552
PROJECT INFORMATION
Project Title: Tacoma Second Supply Filtration Plant
Project City: Kent
Project State: Washington
Project Zip Code: 98032-5895
LOAN INFORMATION
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Loan Amount: $2,000,000.00
Total Estimated Cost: $214,900,000.00
Total Estimated Funding: $214,900,000.00
Local Match Percent: 15.00%
Loan Term: 20
Interest Rate: 0.50%
Payment Month: June 1"
Loan Reimbursement Start Date: 911l2011
Time of Performance 60 months from Execution Date of this Contract to
Project Completion.
I
SPECIAL CONDITIONS GOVERNING THIS LOAN AGREEMENT
None.
LOAN SECURITY CONDITION;GOVERNING THIS LOAN AGREEMENT
This loan is a revenue obligation of the Contractor payable solely from the net revenue of the
Water Sanitary Sewer system. Payments shall be made from the net revenue of the utility after the
payment of the principal and interest on any revenue bonds, notes, warrants or other obligations
of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue
minus expenses of maintenance and operations. The Board grants the Contractor the right to
issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien
and charge of this loan Contract. This option may be used only if the entire project is a domestic
water, sanitary sewer, storm sewer, or solid waste utility project.
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City of Kent Page 4 Construction
PC13-961-002 8/1/2012 Public Works Board Contract
DECLARATION (continued)
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Loan Number: PC13-961-002
Project Title: Tacoma Second Supply Filtration Plant
Scope of Work:
Tacoma Water and its Partner Utilities (Kent, Lakehaven, and Covington)will construct a domestic
water treatment facility. This facility will provide drinking water that meets turbidity standards and
protects the public from Cryptosporidium. Costs may include, but are not limited to, engineering,
cultural and historical resources review, environmental review, permits, public involvement, bid
documents, and construction that allow the City to meet local, state, and federal requirements as
applicable.
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f
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City of Kent Page 5 Construction
PC13-961-002 8/1/2012 Public Works Board Contract
CONTRACT FACE SHEET
Contract Number: PC13-961-002
Washington State Department of Commerce
PUBLIC WORKS BOARD
CONSTRUCTION LOAN CONTRACT
1. Contractor 2. Contractor Doing Business As (optional)
City of Kent N/A
220 4th Ave S
Kent, WA 98032-5895
3. Contractor Representative 4. Public Works Board Representative
N/A
5. Contract Amount 6. Funding Source 7. Contract Start Date 8. Contract End Date
$2,000,000.00 Federal: ❑ State: Cal Contract Execution Date June 1,2032
[Other: ❑ NIA: ❑
9. Federal Funds (as applicable) Federal Agency CFDA Number
N/A NIA N/A
10. Tax ID# 11. SWV# 12. UBI# 13. DUNS #
916001264 0000552
14. Contract Purpose
Fund a project of a local government for the planning, acquisition, construction, repair, reconstruction,
replacement, rehabilitation, or improvement of streets and roads, bridges, drinking water systems, stormwater
systems, sanitary_sewage systems, and solid waste facilities, including recycling facilities.
The Board, defined as the Washington State Public Works Board, and Contractor acknowledge and accept the
terms of this Contract and attachments and have executed this Contract on the date below to start as of the
date and year last written below. The rights and obligations of both parties to this Contract are governed by
this Contract and the following other documents incorporated by reference: Contract Terms and Conditions
including Declarations Page; and Attachment I: Attorney's Certification.
FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD
Signature John LaRocque, Executive Director
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Print Name Date
Title APPROVED AS TO FORM ONLY
This 1st Day of May, 2012
Date Rob McKenna
Attorney General
Signature on file
Kathryn Wyatt
Assistant Attorney General
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City of Kent Page 7 Construction ��
PC13-961-002 8/1/2012 Public Works Board Contract
PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM
TABLE OF CONTENTS
CONTRACT TITLE PAGE..............................................................................................2
DECLARATIONS............................................................................................................3
CONTRACT FACE SHEET.............................................................................................5
TABLE OF CONTENTS..................................................................................................6
SPECIAL TERMS AND CONDITIONS .........................................................................11
1.1 Definitions ............................................................................................................. 11
1.2 Authority.......................... .....................................................................................11
1.3 Purpose..................................................................................................................11
1.4 Order of Precedence..............................................................................................11
1.5 5,vear deferral for start-ups systems....................................................................11
1.6 CmnpeLitive Bidding Requirements.....................................................................12
1.7 Default in Repayment.........................................................................I..................12
1.8 Investment Grade Audit.................I..................... I
1.9 Eligible Project Costs and Local Match
.......................... ..............................12
1.10 IIistorical and Cultural Resources.......................................................................13
1.11 Performance Incentives.......................................................................................13
1.12 Project Completion Amendment and Certified Project Completion Repoort......14
1.13 Projectsigns.........................................................................................................14
i
1.14 Rate and Term of Loan ..........................................................................................14
1.15 Recapture.. ...............14
1.16 Reimbursement Procedures and Payment.........................................................15
1.17 Repayment...................................... ...................... ..............................................16
1.18 Reports..................................................................................................................16
1.19 Termination foi,Cause ........................................................................................A 6
1.20 Termination for Convenience..............................................................................17
1.21 Time of Performance............................................................................................17
1.22 Special Conditions................................................................................................17
1.23 Loan Security........................................................................................................17
GENERAL TERMS AND CONDITIONS .......................................................................18
2.1 DEFINITIONS..........................................................................................................18
2.2 ALLOWABLE COSTS ................................................................._............................18
2.3 ALL WRITINGS CONTAINED HEREIN.....................................................................18
2.4 AMENDMENTS .......................................................................................................18
2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336
ALSO REFERRED TO AS THE"ADA"28 CFR PART 35................ ..........................18
2.6 APPROVAL .............................................................................................................18
2.7 ASSIGNMENT.........................................................................................................A8
2.8 ATTORNEYS'FEES...................................... ..........................................................
2.9 AUDIT........................................................................................................... ...... ..19
2.10 CODE REQUIREMENTS....._...................................................................................20
2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION.....................................20
2.12 CONFORMANCE.....................................................................................................21
2.13 COPYRIGHT PROVISIONS .................................... ................................................21
2.14 DISALLOWED COSTS.................................................... ........................................21
2.15 DISPUTES..............................................................................................................21
2.16 DUPLICATE PAYMENT..........................................................................................22
City of Kent Page 9 Construction
PC13-961-002 8/1/2012 Public Works Board Contract
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2.17 ETHICS/CONFLICT'S OF INTEREST.......................................................................22
2.18 GOVERNING LAW AND VENUE.............. ...............................................................22
2.19 INDEMNIFICATION ...............................................................................................22 ..'.
2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR...............................................22
2.21 INDUSTRIAL INSURANCE COVERAGE........................... .......................................22
2.22 LAWS...................................................................................... .............20
2.23 LICENSING ACCREDITATION AND REGISTRATION.............................................24
2.24 LIMITATION OF AUTHORITY ............................................... .............................24
2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION.................................... .24
2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS.......................................25
2.27 POLITICAL ACTIVITIES...............:.........................................................................25
228 PREVAILING WAGE LAW......................................................................................25
229 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION............._.........25
2.30 PUBLICITY.............................................................................................................25
2.31 RECAPTURE ..........................................................................................................25
2.32 RECORDS MAINTENANCE.....................................................................................26
2.33 REGISTRATION WITH DEPARTMENT OF REVENUE............................................26
2.34 RIGHT OF INSPECTION .........................................................................................26
2.35 SAVINGS ................................................................................................................26
2.36 SEVERABILITY......................................................................................................26
2.37 SUBCONTRACTING................................................................................................26
2.38 SURVIVAL..............................................................................................................27
2.39 TAXES....................................................................................................................27
2.40 TERMINATION FOR CAUSE I SUSPENSION ......................................................-.27
2.41 TERMINATION FOR CONVENIENCE......................................................................27
2.42 TERMINATION PROCEDURES...............................................................................27
2A3WAIVER........ ............ ....................................... .......... ........................................28
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City of Kent Page 10 Construction
PC13-961-002 8/1/2012 Public Works Board Contract
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
SPECIAL TERMS AND CONDITIONS
1.1 Definitions
As used throughout this Construction Loan Contract the following terms shall have the meaning set
forth below:
A. "Contract" shall mean this Construction Loan Contract.
B. "Contractor" shall mean the local government identified on the Contract Face Sheet performing
service(s) under this Contract and who is a Party to the Contract, and shall include all
employees and agents of the Contractor.
C. 'The Board" shall mean the Washington State Public Works Board created in Revised Code of
Washington (RCW) 43.155.030, and who is a Party to the Contract.
D. "Declarations " and "Declared" shall refer to the project information, loan terms and conditions
as stated on the Declarations Page of this Loan Contract, displayed within the contract in THIS
STYLE for easier identification.
1.2 Authority
Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public
Works Trust Fund construction loan for an approved public works project.
1.3 Purpose
The Board and the Contractor have entered into this Contract to undertake a local public works
project that furthers the goals and objectives of the Washington State Public Works Program. The
project will be undertaken by the Contractor and will include the activities described in the SCOPE
OF WORK shown on the Declarations page. The project must be undertaken in accordance with
the loan terms and conditions, and all applicable federal, state and local laws and ordinances,
which by this reference are incorporated into this Contract as though set forth fully herein.
1.4 Order of Precedence
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
A. Applicable federal and state of Washington statutes and regulations.
B. Special Terms and Conditions including attachments.
C. General Terms and Conditions.
1.5 5-year deferral for start-uksystems
If the project financed by this contract is to develop a system to deliver previously unavailable
services, and revenue from those services is to repay the loan, the new system is eligible for a
deferral of loan payments for sixty(60) months after the Contract execution date.
City of Kent Page 11 Construction
PC13-961-002 8/1/2012 Public Works Board Contract
i
Interest accrues for the aforementioned sixty (60) months. The accrued interest only payment is
due June 1 of the 6th year of the loan term. Interest and principal payments are due on June 1 of
the 7th year of the loan term.
1.6 Competitive Bidding Requirements
The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding
requirements for projects assisted in whole or in part with money from the Public Works Program.
1.7 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 1.16 of this Contract. A
payment not received within thirty (30) days of the due date shall be declared delinquent.
Delinquent payments shall be assessed a monthly penalty beginning on the first(1st) day past the
due date. The penalty will be assessed on the entire payment amount. The penalty will be one
percent (1%) per month or twelve percent(12%) per annum. The same penalty terms shall apply
at project completion if the repayment of loan funds in excess of eligible costs are not repaid at the
time of the Project Completion Amendment is submitted, as provided for in Section 1.12.
The Contractor acknowledges and agrees to the Board's right, upon delinquency in the payment of
any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of
such delinquency.
The Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken
to enforce its rights under this section.
1.8 Investment Grade Audit
For projects involving repair, replacement, or improvement of a wastewater treatment plant, or
other public works facility for which an investment grade audit is obtainable, Contractor must
undertake an investment grade audit.
Costs incurred as part of the investment grade audit are eligible project costs.
1.9 Eligible Project Costs
The Contractor pledges to use an amount of matching funds as local project share at a percentage
not less than that shown on the Declarations Page as: LOCAL MATCH PERCENT, applied to the
total eligible portion of the project cost as identified in declared SCOPE OF WORK. State and
federal grants are not considered local matching funds. Expenditures on eligible project activities
incurred up to twelve (12) months prior to the execution of this Contract may be used as match for
local project share.
The amount of local funds used for the project will be verified and the percentage that this figure
represents of the total project cost will be calculated at project completion. If and to the extent the
actual percentage of local match exceeds the proposed match percentage, the loan amount and/or
the interest rate charged may be adjusted. At a minimum, the match provided cannot be less than
the original match pledged at the time of contract execution. The interest rate adjustment will apply
to the remaining payments beginning from the date the Project Completion report is certified. The
Contractor agrees to execute the Project Completion Amendment as an amendment to this
Contract adjusting the loan amount or interest rate, as appropriate.
Eligible project costs must consist of expenditures eligible under Washington Administrative Code
(WAC) 399-30-030 and be related only to project activities described in the declared SCOPE OF
WORK. Eligible costs for reimbursement shall be construed to mean expenditures incurred and
paid, or incurred and payable within thirty(30) days of the reimbursement request. Only costs that
have been incurred on or after the LOAN REIMBURSEMENT START DATE shown in the '...
Declarations are eligible for reimbursement under this Contract.
City of Kent Page 12 Construction
PC13-961-002 8/l/2012 Public Works Board Contract
The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for
projects assisted with Public Works Program loans.
These terms supersede the terms in Section 2.2. Allowable Costs.
1.10 Historical and Cultural Resources Ili
Prior to commencing construction, Contractor shall complete the requirements of Governor's
Executive Order 05-05, or, as a substitute for completion of Governor's Executive Order 05-05,
Contractor shall complete Section 106 of the National Historic Preservation Act. Contractor agrees
that the Contractor is legally and financially responsible for compliance with all laws, regulations,
and agreements related to the preservation of historical or cultural artifacts and agrees to hold
harmless the Board and the State of Washington in relation to any claim related to such historical or
cultural artifacts discovered, disturbed, or damaged as a result of the project funded by this
Contract.
In addition to the requirements set forth in this Contract, Contractor shall, in accordance with
Governor's Executive Order 05-05, coordinate with the Washington State Department of
Archaeology and Historic Preservation (DAHP), including any recommended consultation with any
affected tribe(s), during project design and prior to construction to determine the existence of any
tribal cultural resources affected by the proposed project funded by this Contract. Contractor
agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite
to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the Contractor shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP. If human
remains are uncovered, the Contractor shall report the presence and location of the remains to the
coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural
staff or committee.
The Contractor shall require this provision to be contained in all sub-contracts for work or services
related to the declared SCOPE OF WORIC
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and,
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the Section 106 of the National Historic Preservation Act shall substitute for
completion of Governor's Executive Order 05-05.
In the event that the Contractor finds it necessary to amend the declared SCOPE OF WORK, the
Contractor may be required to re-comply with Governor's Executive Order 05-05 or Section 106 of
the National Historic Preservation Act.
1.11 Performance Incentives
The Contractor shall complete the project no later than sixty(60) months after the date of contract
execution.
Should the Contractor complete the project within forty-eight (48) months of the date of contract
execution, the Contractor may choose one of the two following incentives upon project completion:
Option A: The repayment period will be increased by twenty-four (24) months, not to exceed
the life of the asset, OR:
Option B: The interest rate will be decreased by one-quarter of one percent (0.25%).
City of Kent Page 13 Construction
PC13-961-002 8/1/2012 Public Works Board Contract
Should the Contractor complete the project within thirty-six(36) months of the date of contract
execution, the Contractor may choose one of the following two incentives upon project completion:
Option C: The repayment period will be increased by sixty(60) months, not to exceed the life
of the asset, OR; �
Option D: The interest rate will be decreased by up to one-half of one percent(0.50%).
Once an option is selected, the Contract shall be modified to note the appropriate change and no
further adjustment to the Contract for Performance Incentives shall be authorized. irrespective of
the performance incentive chosen, at no point in time shall the minimum loan interest rate be less
than 0.25%.
The calculation of interest rate and term adjustments will apply to the remaining payments
beginning from the date the Project Completion report is certified.
1.12 ProlectCompletion Amendment and Certified Project Completion Report
The Contractor shall complete a Certified Project Completion Report when all activities
identified in the SCOPE OF WORK are complete. The Board will supply the Contractor with the
Certified Project Completion Report form, which shall include:
A. A certified statement that the project, as described in the declared SCOPE OF WORK, is
complete and, if applicable, meets required standards.
B, A certified statement of the actual dollar amounts spent, from all funding sources, in completing
the project as described in the SCOPE OF WORK.
C. Certification that all costs associated with the project have been incurred and have been
accounted for. Costs are incurred when goods and services are received and/or contract work
is performed.
D. A final voucher for the remaining eligible funds.
The Contractor will submit the Certified Project Completion Report together with the last Invoice
Voucher for a sum not to exceed the balance of the loan amount. The final Invoice Voucher
payment shall not occur prior to the completion of all project activities identified in the SCOPE OF
WORK and the Board's receipt and acceptance of the Certified Project Completion Report.
The Project Completion Amendment shall serve as an amendment to this Contract determining the
final loan amount, local share, term, and interest rate.
1,13 Project5igns
If the Contractor displays, during the period covered by this Contract, signs or markers identifying
those agencies participating financially in the approved project, the sign or marker must identify the
Washington State Public Works Trust Fund as a participant in the project.
1.14 Rate and Term of Loan
The Board shall loan the Contractor a sum not to exceed the LOAN AMOUNT shown on the
Contract Face Sheet and declared on the Contract Declarations Page. The interest rate shall be
the declared INTEREST RATE per annum on the outstanding principal balance. The length of the
loan shall not exceed the declared LOAN TERM in years, with the final payment due by the
CONTRACT END DATE as shown on the Contract Face Sheet.
1.15 Recapture
The right of recapture shall exist for a period not to exceed six (6) years following contract
termination. In the event that the Board is required to institute legal proceedings to enforce the
recapture provision, the Board shall be entitled to its costs thereof, including attorney's fees.
City of Kent Page 14 Construction
PC13-961-002 8/1/2012 Public Works Board Contract
These terms supersede the terms in Section 2.31. Recapture.
1.16 Reimbursement Procedures and Payment
If funding or appropriation is not available at the time the invoice is submitted, or when this contract
is executed, the issuance of warrants will be delayed or suspended until such time as funds or
appropriation become available. Therefore, subject to the availability of funds, warrants shall be
issued to the Contractor for reimbursement of allowable expenses incurred by the Contractor while
undertaking and administering approved project activities in accordance with the declared SCOPE
OF WORK.
The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan
amount under this contract, as identified in Section 1.10. When requesting reimbursement for costs
incurred, the Contractor shall submit a signed and completed Invoice Voucher(Form A19),
referencing the SCOPE OF WORT( project activity performed, and any appropriate documentation
such as bills, invoices, and receipts. The Invoice Voucher must be certified by an official of the
Contractor with authority to bind the Contractor.
Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the project since the last invoice was submitted, as well as a
report of project status to date. The Board will not release payment for any reimbursement request
received unless and until the Project Status Report is received. After approving the Invoice Voucher
and the Project Status Report, the Board shall promptly remit a warrant to the Contractor.
Requests for reimbursements for costs related to construction activities will not be accepted until
the Contractor provides:
• Proof of compliance with Governor's Executive Order 05-05 or Section 106 of the National
Historic Preservation Act, as described in Section 1.10, and
• A signed Public Works Trust Fund Notice of Contract Award and Notice to Proceed, which
follows the formal award of a construction contract.
The Contractor shall submit all Invoice Vouchers and all required documentation to:
Contracts Administration Unit
Department of Commerce
PO Box 42525
Olympia, WA 98504-2525
The Board will pay the Contractor upon acceptance of the work performed and receipt of properly
completed invoices. Invoices shall be submitted to the Board not more often than monthly.
I
Payment shall be considered timely if made by the Board within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
The Board may, at its sole discretion, terminate the contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided under this contract
shall be made by the Board.
Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by
another source for an eligible project cost, then the Contractor shall not be reimbursed by the Board
for that cost.
Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs
incurred by its own organization or that of its subcontractors.
City of Kent Page 15 Construction
PC13-961-002 8/1/2012 Public Works Board Contract '..
In no event shall the total Public Works loan exceed 100% of the eligible actual project costs. At
the time of project completion, the Contractor shall submit to the Board a Project Completion
Amendment certifying the total actual project costs and local share. The final Public Works loan
disbursement shall bring the total loan to the lesser of 100% of the eligible project costs or the total
declared LOAN AMOUNT. The Project Completion Amendment shall serve as an amendment to
this Contract determining the final loan amount, local share, and interest rate.
In the event that the final costs identified in the Project Completion Amendment indicate that the
Contractor has received Public Works Trust Fund monies in excess of 100.00% of eligible costs, all
funds in excess of 100.00% shall be repaid to the Public Works Assistance Account by payment to
the Department of Commerce, or its successor, together with the submission of the Project
Completion Amendment,
1.17 Repayment
Loan repayment installments are due on the day and month identified under the term: PAYMENT
MONTH on the Declarations Page. Payments are due each year during the term of the loan
beginning one year from the date of contract execution. Interest only will be charged for this
payment if a warrant is issued prior to this date. All subsequent payments shall consist of principal
and accrued interest due on the specified PAYMENT MONTH date of each year during the
remaining term of the loan.
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Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum
based on a three hundred and sixty(360) day year of twelve (12) thirty(30)day months. Interest
will begin to accrue from the date each warrant is issued to the Contractor. The final payment shall
be on or before the CONTRACT END DATE shown on the Declarations page, of an amount
sufficient to bring the loan balance to zero.
In the event that the Board approves the Contractor's request for a deferral as outlined in Section
1.5, then the first loan repayment is due sixty(60) months after contract execution. Interest accrues
for the sixty(60) months after contract execution. The accrued interest only will be charged for this
payment if a warrant is issued prior to this date. Interest and principal payments are due on the
declared PAYMENT MONTH date of each year during the remaining term of the loan. The
Contractor has the right to repay the unpaid balance of the loan in full at any time or make
accelerated payments without penalty.
The Contractor will repay the loan in accordance with the preceding conditions through the use of a
check, money order, or equivalent means made payable to the Washington State Department of
Commerce, or its successor.
1.18 Reports
The Contractor shall furnish the Board with:
A. Project Status Reports with each Invoice Voucher,
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B. Project Reports at the end of each fiscal year,
C. Certified Project Completion Report at project completion (as described in Section 1.12), and
D. Other reports as the Board may require.
1.19 Termination for Cause
If the Contractor fails to comply with the terms of this Contract, or fails to use the loan proceeds
only for those activities identified in the SCOPE OF WORK, the Board may terminate the Contract in '..
whole or in part at any time. The Board shall notify the Contractor in writing of its determination to
terminate, the reason for such termination, and the effective date of the termination. Nothing in this
section shall affect the Contractor's obligation to repay the unpaid balance of the loan.
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These terms supersede the terms in Section 2.40 Termination for Cause/Suspension.
1.20 Termination for Convenience
The Board may terminate this contract in the event that state funds are no longer available to the
Board, or are not appropriated for the purpose of meeting the Board's obligations under this
contract. Termination will be effective when the Board sends written notice of termination to the
Contractor. Nothing in this section shall affect the Contractor's obligation to repay the unpaid
balance of the loan.
These terms supersede the terms in Section 2.41 Termination for Convenience.
1.21 Time of Performance
No later than sixty(60) months after the date of contract execution the Contractor must reach
project completion.
Failure to meet Time of Performance shall constitute default of this contract. In the event of
extenuating circumstances, the Contractor may request, in writing, that the Board extend the
deadline for project completion. The Board may extend the deadline.
The term of this contract shall be for the entire term of the loan, regardless of actual project
completion, unless terminated sooner as provided herein.
1.22 SnecialConditions
If SPECIAL CONDITIONS are listed onthe Contract Declarations Page then these conditions are
herein incorporated as part of the terms and requirements of this contract.
1.23 Loan Security
Loan Security payments shall be made as stated on the attached Declarations Page, and identified
therein as LOAN SECURITY.
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GENERAL TERMS AND CONDITIONS
2.1 DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Public Works Board Chair and/or the designee
authorized in writing to act on the Chair's behalf.
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B. "Contractor"shall mean the entity identified on the face sheet performing service(s) under
this Contract, and shall include all employees and agents of the Contractor.
C. "BOARD" shall mean the Washington State Public Works Board created in Revised Code
of Washington (RCW) 43.155.030, and which is a Party to the Contract
D. "Personal Information"shall mean information identifiable to any person, including, but not
limited to, information that relates to a person's name, health, finances, education,
business, use or receipt of governmental services or other activities, addresses, telephone
numbers, social security numbers, driver license numbers, other identifying numbers, and
any financial identifiers.
E. "State' shall mean the state of Washington.
F. "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.
2.2 ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to
the maximum amount stated on the Contract Award or Amendment Face Sheet.
2.3 ALL WRITINGS CONTAINED HEREIN
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.
2.4 AMFNDMF,NTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336,ALSO REFERRED"Po
AS THE"ADA" 28 CPR PART 35
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 telecommunications.
2.6 APPROVAL
This contract shall be subject to the written approval of the Board's Authorized Representative and
shall not be binding until so approved. The contract may be altered, amended, or waived only by a
written amendment executed by both parties.
2.7 ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by
the Contractor without prior written consent of the Board.
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2.8 ATTORNEYS'FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or
other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees
and costs.
2.9 AUDIT
A. General Requirements
Contractors are to procure audit services based on the following guidelines.
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement
and shall ensure that Subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that
of its Subcontractors.
The Board reserves the right to recover from the Contractor all disallowed costs resulting from
the audit.
As applicable, Contractors required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GARS); Government Auditing
Standards (the Revised Yellow Book) developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall
be included with the audit report. The Contractor must respond to the Board's requests for
information or corrective action concerning audit issues within thirty(30) days of the date of
request.
B. State Funds Requirements
Contractors expending $100,000 or more in total state funds in a fiscal year must have a
financial audit as defined by Government Auditing Standards (The Revised Yellow Book) and
according to Generally Accepted Auditing Standards (GAAS). The Schedule of State.Financial
Assistance must be included. The schedule includes:
Grantor agency name
State program name
BARS account number
Grantor
Agency contract number
Contract award amount including amendments (total grant award)
Beginning balance
Current year revenues
Current year expenditures
Ending balance
Program total
If the Contractor is a state or local government entity, the Office of the State Auditor shall
conduct the audit. Audits of non-profit organizations are to be conducted by a certified public
accountant selected by the Contractor.
The Contractor shall include the above audit requirements in any subcontracts.
In any case, the Contractor's financial records must be available for review by the Board
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Q. Documentation Requirements
The Contractor must send a copy of any required audit Reporting Package as described in OMB
Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the
Contractor's fiscal year(s)to:
Department of Commerce
ATTN: Audit Review and Resolution Office
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the Contractor must include:
• Corrective action plan for audit findings within three (3) months of the audit being
received by the Board.
• Copy of the Management Letter.
2.10 CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state,
and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with
the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the
local building Department.
2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information"as used in this section includes:
1. All material provided to the Contractor by the Board that is designated as "confidential" by
the Board;
2. All material produced by the Contractor that is designated as "confidential" by the Board; and
3. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information, The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of the Board or
as may be required by law. The Contractor shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the Contractor shall provide THE BOARD with its policies and procedures on
confidentiality. The Board may require changes to such policies and procedures as they apply
to this Contract whenever the Board reasonably determines that changes are necessary to
prevent unauthorized disclosures. The Contractor shall make the changes within the time
period specified by the Board. Upon request, the Contractor shall immediately return to the
Board any Confidential Information that the Board reasonably determines has not been
adequately protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5)working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
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2.12 CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
2.13 COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works
for hire" as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be
considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity
to the Board effective from the moment of creation of such Materials.
"Materials means all items in any format and includes, but is not limited to, data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent,
register and the ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The
Contractor warrants and represents that the Contractor has all rights and permissions, including
intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to
the Board.
The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim
of infringement received by the Contractor with respect to any Materials delivered under this
Contract. The Board shall have the right to modify or remove any restrictive markings placed upon
the Materials by the Contractor.
2.14 DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
2.15 DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with the Chair j
of the Board, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Contractor's name, address, and Contract number; and
• be mailed to the Chair and the other party's (respondent's) Representative within three
(3)working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Chair or the
Chair's designee and the requestor within five (5) working days,
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The Chair or designee shall review the written statements and reply in writing to both parties within
ten (10)working days. The Chair or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
2.16 DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work
to be charged against any other contract, subcontract, or other source.
2,17 ETHICS/CONFLICTS OF INTEREST
In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public
Service Act(Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or
conflicts of interest.
2.18 GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
2.19 INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, the Board, all other agencies of the state and all officers, agents and
employees of the state, from and against all claims or damages for injuries to persons or property
or death arising out of or incident to the Contractor's performance or failure to perform the Contract.
The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the
Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or
representatives.
The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any
actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subcontracts shall include a comprehensive indemnification clause holding harmless the
Contractor, the Board, the state of Washington, its officers, employees and authorized agents.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or
agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to
be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the Contractor.
2.21 INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, the Board may collect from the Contractor the
full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount
owed by the Contractor to the accident fund from the amount payable to the Contractor by the
Board under this Contract, and transmit the deducted amount to the Department of Labor and
City of Kent Page 22 Construction
PC13-961-002 81112012 Public Works Board Contract
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&Ps rights to
collect from the Contractor.
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2.22 LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended including, but not limited to:
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of non-profit corporations- Liability- Limitations, RCW
4.24.264.
C. Disclosure-campaign finances-lobbying, Chapter 42.17 RCW.
D. Discrimination-human rights commission, Chapter 49,60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Housing assistance program, Chapter 43.185 RCW.
G. Interlocal cooperation act, Chapter 39.34 RCW.
H. Noise control, Chapter 70.107 RCW.
I. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter
326-02 WAC.
J. Open public meetings act, Chapter 42.30 RCW.
K. Prevailing wages on public works, Chapter 39.12 RCW.
L. Public records act, Chapter 42.56 RCW.
M. Relocation assistance - real property acquisition policy, Chapter 8.26 RCW.
N. Shoreline management act of 1971, Chapter 90.58 RCW.
O. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
P. State building code, Chapter 19.27 RCW and Energy-related building standards, Chapter
19.27A RCW, and Provisions in buildings for aged and handicapped persons, Chapter
70.92 RCW.
Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and
Environmental Assistance Program, Washington State Department of Ecology.
R. State environmental policy, Chapter 43.21 C RCW.
S. State Executive Order 05-05 Archeological and Cultural Resources,
2.23 LICENSING ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
2.24 LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing
(designation 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 Contract.
2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
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2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
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During the performance of this Contract, the Contractor shall comply with all federal, state, and
local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-
compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract
may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared
ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable
time in which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
2.27 POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office. j
2.28 PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the
Project funded by this contract, including but not limited to the filing of the "Statement of Intent to
Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The
Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and
shall make such records available for the Board's review upon request.
2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such funds or any other approval or
concurrence under this Contract provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
2.30 PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state
of Washington or the Board's name is mentioned, or language used from which the connection with
the state of Washington's or the Board's name may reasonably be inferred or implied, without the
prior written consent of the Board.
2.31 RECAPTURE j
In the event that the Contractor fails to perform this contract in accordance with state laws, federal
laws, and/or the provisions of this contract, the Board reserves the right to recapture funds in an
amount to compensate the Board for the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by the Board. In the alternative, the Board may recapture such funds from
payments due under this contract.
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2.32 RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to
this Contract 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 Contract. Contractor shall retain such
records for a period of six years following the date of final payment.
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 finally
resolved.
2.33 REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department
of Revenue.
2.39 RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor's performance under this Contract shall
be subject at all reasonable times to inspection, review, and audit by the Board, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Contractor shall provide
access to its facilities for this purpose.
2.35 SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
way after the effective date of this Contract and prior to normal completion, the Board may
terminate the Contract under the "Termination for Convenience" clause, without the ten business
day notice requirement. In lieu of termination, the Contract may be amended to reflect the new
funding limitations and conditions.
2.36 SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall
be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given
effect without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Contract and to this end the provisions of this Contract are declared to
be severable.
2.37 SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of the Board.
If the Board approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For
cause, the Board in writing may: (a) require the Contractor to amend its subcontracting procedures
as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular
person or entity; or(c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term
or condition of this Contract.The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to the Board for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that the Board and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
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2.38 SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
2.39 TAXF,S
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall
be the sole responsibility of the Contractor.
2.40 TERMINATION FOR CAUSE /SUSPENSION
In event the Board determines that the Contractor failed to comply with any term or condition of this
Contract, the Board may terminate the Contract in whole or in part upon written notice to the
Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the
date specified in the notice.
In the alternative, the Board upon written notice may allow the Contractor a specific period of time
in which to correct the non-compliance. During the corrective-action time period, the Board may
suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right
to perform duties under this Contract. Failure by the Contractor to take timely corrective action
shall allow the Board to terminate the Contract upon written notice to the Contractor.
"Termination for Cause" shall be deemed a "Termination for Convenience"when the Board
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determines that the Contractor did not fail to comply with the terms of the Contract or when the
Board determines the failure was not caused by the Contractor's actions or negligence.
If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by
law, including, but not limited to, any cost difference between the original contract and the
replacement contract, as well as all costs associated with entering into the replacement contract
(i.e., competitive bidding, mailing, advertising, and staff time).
2.41 TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract the Board may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, the Board shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
2.42 TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by the Board, 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, or facilities related to the
Contract;
C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts. Any
attempt by the Contractor to settle such claims must have the prior written approval of the
Board; and
D. Preserve and transfer any materials, contract deliverables and/or the Board property in the
Contractor's possession as directed by the Board.
Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the
Contractor under the Contract prior to the date of termination. The Board may withhold any amount
due as the Board reasonably determines is necessary to protect the Board against potential loss or
liability resulting from the termination. the Board shall pay any withheld amount to the Contractor if
the Board later determines that loss or liability will not occur.
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The rights and remedies of the Board under this section are in addition to any other rights and
remedies provided under this Contract or otherwise provided under law.
2.43 WAIVERI',
Waiver of any default or breach shall not be deemed to be a waiver of any 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 and signed by Authorized Representative of the Board
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ATTACHMENT I: ATTORNEY'S CERTIFICATION
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
City of Kent
PC13-961-002
I, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed
attorney of the Contractor identified on the Declarations Page of the Contract identified above;
and
I have also examined any and all documents and records which are pertinent to the Contract,
including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The Contractor is a public body, properly constituted and operating under the laws of the
State of Washington, empowered to receive and expend federal, state and local funds, to
contract with the State of Washington, and to receive and expend the funds involved to
accomplish the objectives set forth in their application.
2. The Contractor is empowered to accept the Public Works Trust Fund financial assistance
and to provide for repayment of the loan as set forth in the Contract.
3. There is currently no litigation in existence seeking to enjoin the commencement or
completion of the above-described public facilities project or to enjoin the Contractor from
repaying the Public Works Trust Fund loan extended by the Public Works Board with
respect to such project. The Contractor is not a party to litigation which will materially affect
its ability to repay such loan on the terms contained in the Contract.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the Contractor.
Signature of Attorney Date
Name
Address
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KENT Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: September 18, 2012
SUBJECT: Schmaltz Short Plat Bill of Sale - Accept
MOTION: Accept the Bill of Sale for the Schmaltz Short Plat project, permit
2072527, for 30 linear feet of biofiltration swale, and 37 linear feet of storm
sewerline.
SUMMARY: The Schmaltz Short Plat project is located at 27508 132nd Ave. SE.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
ATTN: Jackie Bicknell
220 -4rN AVENUE SOUTH
ENT
WASHINGTON KENT,WASHINGTON 98032
Project: Schmaltz Short Plat
Permit#: KIVA #RECC-2072527/ #PPSS-2070424
t€4s {�G' ti I a fl FIB Location: 27508 132nd Ave SE
Parcel #: 342205-9088
BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
THIS INSTRUMENT made this ��a day of, Ai.Ab.ls i 20�;by and between
(N)IC.hAe t- L �_SC-_lyyN1\L � hereinafter called
`'Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called
"Grantee":
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described improvements:
y_ lftf Eels9 INS, N/
Together with a total of gate valves at$ each, hydrants at
$ each and/or any other appurtenances wereto.
ON - - io-
ez's—ent, eta.}
including linear feet at $ per LF of
..a_^ Q. 1, 1� wateriine.
_. �.._i
B. rANITARY SEWERS: N/A
Together with a total of manholes at $ each and/or any other appurtenances
the«eta.
- FROM Te+
(street, east.;; , ctc.j
Including linear feet at $ per LF of
Bill of Sale
1 of5
(size &type) sewerline.
C. NEW STREETS: N/A
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
Including linear feet at$ per LF of
(size &type) (improvement).
D. FRONTAGEIMPROVEMENTS:
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
Including linear feet at$ per LF of
(size &type) (improvement).
E. STORM SEWERS:
Together with a total of 0 manholes at$ each or total of 0 catch
basins at $ each, 30 LF of biofiltration swale or drainage ditch
with a total cost of$ 1 0 cubic feet of detention pond storage
with a total cost of$ and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
132"d Ave SE
e-
Including 3-7 linear feet at per LF of_ of 12"conc.
(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
2 of 5
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of L}L�L:�, d, , 20
16)
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of 20
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this x° � day of Al9eo , 20 /.�A before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared M ICt` A Z- (_' v: AV?NtL 'Z— to me known to be the individual described in and
who executed the foregoing instrument, and acknowledged to me that signed and sealed this
instrument s s,her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this n rJb day of ti t)L't `�i 20 !
,mwa`e°`p6°4V"R81ahst� Notary Public in and for the State of
»�® t
P�y 14rP 9
Washin ton residing at
�, �I�WxVS4llif �", i >
X.DSe ✓ t...,
My Commission Expires
Bill of Sale
3of5
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of 20 before me, the
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
they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
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
Bill of Sale
4of5
KENT
WASHINQTON I'
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for _ScumR( r SL1�6LT �L/c� project
dated �cv(,._ ` --L ; 2L2 !Sa for the same said Crry t8ajZ5L 5)Avsvz--Tkh7
project. w!QN%=V 1. z 1 aLL25 " the undersigned
P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and
is an employee of S^1[>ht =!s1 uo 2a`i 1 , the firm
responsible for the preparation of the record drawings.
� ok wnsy�N d,
Signat
(Engineer stamp required) ir
�
Lu
Bill of Sale
5 of 5
KENT Agenda Item: Consent Calendar - 73
TO: City Council
DATE: September 18, 2012
SUBJECT: Eastmont Bill of Sale - Accept
MOTION: Accept the Bill of Sale for the Eastmont aka Singh One project,
permit 2065164, for 6 gate valves, 3 hydrants, and 1,282 linear feet of waterline,
8 sewer manholes, and 1,529 linear feet of sanitary sewerline, 1,246 linear feet of
new street, 320 linear feet of frontage improvements, 2 storm sewer manholes,
20 catch basins, 38,134 cubic feet of detention pond storage, and 1,510 linear feet
of storm sewerline.
SUMMARY: The Eastmont project is located at 10823 SE 244th Street.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
.40 ATTN:
220 — 4TN AVENUE SOUTH
KENI
WASHINGTON KENT, WASHINGTON 98032
Project: Eastmont (F.K.A. Singh)
Permit #:, 2065164
Location: 10823 SE 2441h Street, Kent WA
1r 1'S
Parcel #:202205-9138-01
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made this Fth day of March 2012, by and between
Eastmont 27. LLC 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. WATERMAINS:
Together with a total of 6 gate valves at $800.00 each, 3 hydrants at
$3,800 each and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
108th Avenue SE SE 244th PL SE 245th PL
ON FROM TO
(street, easement, etc.)
SE 245th PL 1081h Avenue SE 108" PL SE
ON FROM TO
(street, easement, etc.)
108t1 PL SE SE 245th PL SE 2441h PL
ON FROM TO
(street, easement, etc.)
SE 244th PL 1081h PL SE 1081h Avenue SE
Including 1,282 linear feet at $32.00 per LF of 8-inch
(size & type) Ductile Iron (DI) waterline.
Bill of Sale
1 of 6 15424.004.doc
i
i
I
B. SANITARY SEWERS:
Together with a total of 8 manholes at $2,400 each and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
SE 2441h Street East Plat Boundary (Sta. 2+03) 108th Avenue SE
ON FROM TO
(street, easement, etc.)
SE 24511 PL 108th Avenue SE 108" PL SE
ON FROM TO
(street, easement, etc.)
1081h PL SE SE 245th PL SE 2441h PL
ON FROM TO
(street, easement, etc.)
SE 244" PL 108th PL SE 108th Avenue SE
Including 1529 linear feet at $30.00 per LF of 8-inch
(size &type) PVC SDR 35 sewerline.
C. NEW STREETS:
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
SE 245th PL 108th Avenue SE 108th PL SE
ON FROM TO
(street, easement, etc.)
108t' PL SE SE 245"' PL SE 244th PL
ON FROM TO
(street, easement, etc.)
SE 244" PL 1081h PL SE 108th Avenue SE
Including 1,246 linear feet at $200.00 per LF of residential streets
(size &type) with curb, walk planter strip and asphalt (improvement).
D. FRONTAGEIMPROVEMENTS:
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
SE 244"' Street East Plat Boundary (Sta. 2+00) 108"" Avenue SE
Including 320 linear feet at $ 250.00 per LF of Half Street Frontage improvements
Bill of Sale
2 of 6 15424,004.doc
(size &type) including curb, walk, planter strip and asphalt (improvement).
E. STORM SEWERS:
Together with a total of 2 manholes at $2,200.00 each or total of 20 catch basins at $900.00 each, 0
LF of biofiltration swale or drainage ditch with a total cost of $0 , 38,134 cubic feet of detention pond
storage with a total cost of$ 15,000, and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
SE 244t' Street East Plat Boundary (Sta. 2+03) 1081h Avenue SE
ON FROM TO
(street, easement, etc.)
SE 2451h PL 108th Avenue SE 1081h PL SE
ON FROM TO
(street, easement, etc.)
108th PL SE SE 245th PL SE 2441h PL
ON FROM TO
(street, easement, etc.)
SE 244th PL 1081h PL SE 108th Avenue SE
Including 1,510 linear feet at $22.00 per LF of PVC
(size &type) SDR-35 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.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this :O
day of March, 2012.
GRANTOR NAME Signatur '
rJ tl-� (I�G.L+c"�y1�hf�tLu-�A'-f IL11a.vt"xc?<'
Bill of Sale
3 of 6 15424.004.doc
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of , 20
GRANTOR NAME Signature
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of 20 , before me, the undersigned A Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared
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 2012.
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of &v c,4� 20 17- before me, the undersigned A Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared
ytr1 yo and -- ---- --.------ to me to be the
kv p, Vie./ and _ respectively of
rtw 1-�14 rn,.t ct?_ W ft the that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
L, 'cs for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument,
Bill of Sale
4 of 6 15424.004.doc
Witness my hand and official seal hereto affix the day and year first above written.
i {y1 Ft
Notary Publi in an for the State of
Washington, residing atL.v�si
t`.c(iit"RAF
`). `. .
My Commission Expires:
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
Bill of Sale
5 of 6 15424.004.doc
4^6��
\S7
KENT
WASH ING TON
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for Eastmont (f.k.a. Singh) project dated
9/17/07, for the same said "As-built Engineering Plans Dated 2/27/12 for the
Eastmont (f.k.a. Singh) project. Robert J. Armstrong 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 record drawings.
�. ARI,sT
�4 wary 0,�
L�
CFO l S T
SIONA L ENG
Signature
(Engineer stamp required)
Bill of Sale
6 of 6 15424,004,doc
REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
KENT
WASHINGTON
OPERATIONS COMMITTEE MINUTES
August 21, 2012
Committee Members Present: Les Thomas, Chair, Dennis Higgins and Jamie Perry
The meeting was called to order by L. Thomas at 4:01 p.m.
1. APPROVAL OF MINUTES DATED AUGUST 7, 2012
J. Perry moved to approve the Operations Committee minutes dated
August 7, 2012. D. Higgins seconded the motion, which passed 3-0.
2. APPROVAL OF CHECK SUMMARY REPORT DATED JULY 16 — JULY 31, 2012 AND
AUGUST 1, 2012 — AUGUST 15, 2012
D. Higgins moved to recommend the City Council approve the Check Summary Reports
dated July 16 through July 31, 2012 and August 1, 2012 through August 15, 2012. J.
Perry seconded the motion, which passed 3-0.
3. LODGING TAX BUDGET ADJUSTMENT (APPROVE)
Ben Wolters, Director of Economic and Community Development, presented on behalf of the
Lodging Tax Advisory Committee (LTAC) and their interest to support the Skate America event.
The $20k will be split in half to support the Kent Downtown Partnership (KDP) and Skate America's
attached proposals. To accommodate the additional request of $10k, authorization to adjust the
$118k lodging tax budget is required.
Skate America is an international figure skating completion held in the United States each year. It
is an Olympic-style event featuring elite skaters for 3 days. This year the skaters will begin their
journey to the 2014 Sochi Olympics at the ShoWare Center, October 19th -21st. Hoteliers on the
Committee are excited and ticket sales are strong and moving briskly.
L. Thomas questioned that the original amount agreed upon by the LTAC was $10k. J. Perry
clarified that original amount was to support Skate America's proposal. The amended amount was
discussed at a supplemental meeting of the LTAC to define what Kent's role in the event would be
and decided to support costs up to $10k. The KDP is leading the charge.
Due to the timeliness of the item, it will be on the Council Consent Calendar at tonight's meeting.
Motion by D. Higgins, seconded by J. Perry, recommending that the Lodging Tax Budget
adjustment in the amount of $20,000 to use toward Skate America promotions be
approved. The Motion passed 3-0.
Operations Committee Minutes
August 21, 2012
Page: 2
4. BERK AND ASSOCIATES INC. CONSULTANT SERVICES AGREEMENT (AUTHORIZE)
The consultants are being considered to conduct environmental analysis of three (3) growth
alternative land uses for the Downtown Subarea Action Plan (DSAP) resulting in a Supplemental
Environmental Impact Statement (SEIS) for the DSAP study area and write an associated Planned
Action Ordinance for a portion of the DSAP study area. This Plan is part of the City Council's
Strategic Plan and included in the 2012 Budget.
G. Gould-Wesson explained that three consultant teams were interviewed, however BERK stood out
with their local experience and similar work they have done in the Puget Sound and Region. The
"Venture Downtown" branding is also part of the Plan.
The last study was in 1997and then updated in 2005. F. Satterstrom, Community Development,
went into more detail of the individual studies and to clarify the need for another update is because
of the increasing changes to the downtown area through the years.
Motion by J. Perry, seconded by D. Higgins, recommending the City Council authorize the
Mayor to sign the Consultant Services Agreement with BERK &Associates Incorporated
to produce for the City of Kent a Supplemental Environmental Impact Statement and
Planned Action Ordinance for the Downtown Subarea Action Plan, not to exceed $90,000,
��subject to final terms and conditions acceptable to the City Attorney."
S. 2013/2014 REVENUE FORECAST UPDATE (INFORMATION ONLY)
J. Hodgson, Chief Administrative Officer, explained that as part of the new Biennial Budget process,
updates regarding the 2013/2014 Revenue Forecast will be presented at the Operations Committee
Meeting leading up to the presentation to full council in October and approval of the final budget in
December. He distributed a copy of the updated projections (attached).
B. Lopez and B. Nachlinger of Finance explained the forecasting process for the updated
recommendations to the 2013-2014 budget forecast and answered questions and concerns from
the Committee. D. Higgins and J. Perry requested a packet of the research done by Finance and
Economic and Community Development that they used to base the forecast numbers on. An
interest for Kent specific numbers was requested by J. Perry, noting that other cities seem to be
recovering, making her question why Kent is different compared to other Puget Sound area cities.
The Committee requested a council-wide discussion of the forecast. It was agreed to include a brief
discussion at the evening's workshop. It may become a monthly workshop item.
The meeting was adjourned at 4:43 p.m. by L. Thomas.
Pamela Clark
Operations Committee Secretary
--00 �
�••� KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
June 12, 2012
COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and Bill Boyce, Chair
• The meeting was called to order by Chair Boyce at 4:33 PM.
• Chair Boyce called for additions to the agenda. There was one.
1. Approval of Minutes
L. Thomas moved to approve the minutes of the May 8, 2012 meeting.
The motion was seconded by D. Ralph and passed 3-0.
2. Washington Traffic Safety Commission grant amendment — ACCEPT and AMEND
the budget
Chief of Police Ken Thomas explained the additional funds will provide officer overtime to
conduct traffic safety emphasis patrols. The amendment also extends the term of the grant
from October 1, 2011 through September 30, 2012.
D. Ralph moved to recommend the Kent Police Department accept the additional
funds in the amount of $6,150 from the Washington Traffic Safety Commission
and amend the budget.
The motion was seconded by L. Thomas and passed 3-0.
3. Washington State Patrol SECTOR Service Level Agreement — AUTHORIZE
Chief Thomas explained the updates in the Agreement and noted the termination
date of June 30, 2016. SECTOR Client software is used to create and transmit
electronic collision reports, notice of infractions and notice of criminal citations.
L. Thomas moved to recommend that Council authorize the Chief of Police
to sign the SECTOR Service Level Agreement.
The motion was seconded by D. Ralph and passed 3-0.
4. Police Department Updates — INFO ONLY
Chief of Police Ken Thomas stated that he and Assistant Chief Jon Straus attended
the Washington Association Sheriffs and Police Chiefs (WASPC) Spring Conference last
month. The Kent Police Department received a plaque in recognition of achieving state
accreditation from WASPC for a term of three years.
Chief Thomas announced the promotional test for the Corrections Commander position was
held on May 31". A Corrections Sergeant will be promoted to this position which was
formerly held by Curt Lutz. A promotional test for Corrections Sergeant will occur in July.
Chief Thomas announced that a fundraiser for Kent's Chief For A Day will be held on
Saturday, June 161h, at the Applebee's Restaurant on the East Hill of Kent. Kent Police
Officers will be in uniform serving flapjack breakfasts from 8 to 10 AM in an effort to
raise funds to benefit 6 year-old Mikey Bishop. The ticket price is ten dollars.
S. Fourth of July 2012 — INFO ONLY
Chief Thomas explained what types of fireworks are legal within Kent city limits and that
they can only be discharged on July 41h, between 9 AM and 11 PM. The discharge of
fireworks prior to and after July 41h is illegal and subject to a citation. Chief stated that
extra patrols will be out on the streets July 2-4, along with special emphasis teams
comprised of police officers and fire personnel.
L. Thomas recommended that residents call 9-1-1 at the time of fireworks complaints
so that police can respond to the incident.
WALK-ON ITEM
6. Washington State Parks Department grant award — ACCEPT and Establish the
budget
Chief Thomas explained the grant funds provide marine patrol overtime, maintenance and
operation of the police patrol boat on Lake Meridian during the grant period of July 1, 2012
through June 30, 2013.
D. Ralph moved to recommend that Council authorize the Kent Police Department
to accept the Washington State Parks and Recreation Commission grant in the
amount of $19,045, and establish the budget.
The motion was seconded by L. Thomas and passed 3-0.
The meeting adjourned at 4:45 PM.
Jo Thompson,
Public Safety Committee Secretary
Public Safety Committee Minutes 2
June 12, 2012
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION