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HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 03/16/2006 Public Safety Committee Agenda Councilmembers: Ron Harmon•Bob O'Brien•Les Thomas, Chair • KENT March 16 2006 WASHINGTON 5:00 p.m. Iten Description Action Speaker Time Page 1. Approval of Minutes dated 02/09/06 YES 1 2. Consultant Agreement for King County Zone 3 YES Jim Schneider 5 3 Emergency Management Coordinator-AUTHORIZE 3. FY 2006 Bureau of Justice Assistance Bulletproof Vest YES Chuck Miller 5 23 grant- AUTHORIZE Unless otherwise noted,the Public Safety Committee meets at 5:00 p.m.on the 3 d Thursday of each month. Council Chambers East,Kent City Hall,220 4th Avenue South,Kent,98032-5895. For information please contact Police Administration at(253)856-5890. Any person requiring a disability accommodation should contact the City Clerk's Office at (253)856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. This page intentionally left blank. 1 CITY OF KENT PUBLIC SAFETY COMMITTEE MINUTES FEBRUARY 16, 2006 Committee Members Present: Chair Les Thomas, Bob O'Brien, and Ron Harmon The meeting was called to order by Les Thomas, Chair at 5:03 p.m. 1. APPROVAL OF MINUTES DATED JANUARY 19 2005 Bob O'Brien moved to approve the minutes of the January 19, 2006, Public Safety Committee meeting. Ron Harmon seconded the motion, which passed 3-0. 2. CERT KIT BULK BUY PROGRAM GRANT—ACCEPT AND AUTHORIZE Fire Chief Jim Schneider presented the CERT Kit Bulk Buy Program Grant. Ron Harmon moved to recommend placing on the Consent Calendar of the March 7, 2006, Council Meeting, the acceptance of the CERT Kit Bulk Buy Program grant in the amount of$60,000 from King County Office of Emergency Management and authorizing the Mayor to sign the grant agreement Bob O'Brien seconded the motion, which passed 3-0. 3. PURCHASE OF FIRE DEPARTMENT REPLACEMENT VEHICLE - AUTHORIZE Fire Chief Jim Schneider explained the need for the Fire Department to purchase replacement vehicles and sought authorization for said purchase. Bob O'Brien moved to recommend that Council authorize the Mayor to sign contract for the purchase of a 100-foot ladder truck. Ron Harmon seconded the motion, which passed 3-0. Chair Les Thomas, Councilmembers Ron Harmon and Bob O'Brien, and Fire Chief Jim Schneider all took a moment to thank Police Chief Ed Crawford for his service to the City and citizens of Kent and to wish him the best in his future endeavors. Chair Thomas advised that there would be a farewell celebration for Chief Crawford on Friday, February 24, 2006, at 4:00 p.m. at the Kent Senior Center and the public was invited to attend. Chair Thomas also advised that Deputy Chief Chuck Miller will be Acting Police Chief in the interim and knows Deputy Chief Miller is well respected and will do a greatjob. ,T"eting wasadjpurned at 5:19 p.m. Renee Cameron Acting Public Safety Committee Secretary 2 This page intentionally left blank. 3 FIRE DEPARTMENT Jim Schneider, Fire Chief �„r KEN i Phone:253-856-4300 Fax: 253-856-6300 Address: 24611 1160'Ave SE Kent,WA.98030-4939 DATE: March 1.6, 2006 TO: Public Safety Committee FROM: Jim Schneider, Fire Chief MOTION: Move to recommend that Council authorize Mayor to sign contract with consultant to enhance Zone 3 Emergency Management Planning SUMMARY: At the February 7, 20.06 Council Meeting the Mayor was authorized to accept and to sign a grant agreement with King County Office of Emergency Management. The monies from this grant were identified to hire a consultant who would assist Kent Emergency Management in the continued growth of existing discipline groups and essential expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the grant. Emergency Management is currently soliciting RFP's for a King County Zone 3 Emergency Management Coordinator. Closing date for the RFP's is March 22,2006. All submitted RFP's will be reviewed and a contract will be offered to the best qualified consultant firm or individual. The attached RFP and proposed contract have been reviewed and approved by the City Attorney's office. EXHIBIT: RFP for Consultant submitted Consultant Services Agreement BUDGET IMPACT: $75,000—Grant Revenues/Expenditures [Cent Council Public Safety Committee March 16.2006 4 ' This page intentionally left blank. 5 REQUEST FOR PROPOSAL Opening Date: March 5, 2006 All proposals shall be submitted to the City of Kent no later than March 22, 2006 3:OOPM. Title: King County Zone 3 Emergency Management Coordinator SECTION 1 GENERAL INFORMATION 1. It is proposed that if a selection is made as a result of this RFP, a contract with a fixed price will be negotiated. Negotiations may be undertaken with the Proposer who is considered to be the most suitable for the work. This RFP is primarily designed to identify the most qualified firm. Price and schedule will be negotiated with the "first choice" Proposer; negotiations may be instituted with the second choice and subsequent Proposer until the project is canceled or an acceptable contract is executed. 2. The City of Kent is not liable for any cost incurred by the Proposer prior to issuing the contract. 3. A contract may be negotiated with the Proposer whose proposal would be most advantageous to the City of Kent in the opinion of Kent Emergency Management., all factors considered. The City reserves the right to reject and or all proposals submitted. 4. This is a pass through grant from the FFY04 State Homeland Security Program. SECTION II PROJECT SPECIFICATIONS AND SCOPE OF WORD. PART 1 —PROJECT SPECIFICATIONS The purpose of this Request For Proposal (RFP) is to identify a consultant firm, team of firms, or individual (s) who shall work for Kent Emergency Management to assist in the continued growth of existing discipline groups and essential expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the RDP. The Zone 3 consultant would within this scone: • Provide assistance to the Zone 3 Emergency Management Directors and other public and private groups to assist with Regional coordination and communications before, during, and after a major terrorist or disaster event. • Continue to grow the Zone 3 discipline coordinators list, to educate the discipline leads in the concept of operations according to the Regional Disaster Plan. • Provide general assistance to Zone 3 agencies for planning related to Zonal, Sub- regional and Regional notification, response, mobilization, and resource tracking. 6 • Provide general assistance for Zone 3 agencies to meet the four phase approach at NIMS adoption and implementation. • Provide assistance for Zone 3 agencies to the requirements of change with the National Response Plan. • Assist with clarifying and documenting protocols for working with Zones I and 5 and King County OEM during activations of the Regional Disaster Plan. • To assist with supporting expanding disciplines not familiar with their regional roles and responsibilities though orientations and specific discipline related meetings. • To assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone 3 response needs. The consultant sball be familiar with the following materials: • Office of Domestic Preparedness Homeland Security Exercise and Evaluation Program(HSEEP). • Washington State Homeland Security Strategic Plan framework- King County Regional Disaster Plan • King County Fire Resource Plan • South Puget Sound Fire Defense Plan • RCW 38.52 Emergency Management • RCW 43.43.960 Fire Mobilization • RCW 43.43.970 Law Enforcement Mobilization. PART2—BACKGROUND Zone 3 is home to over 550,000 people, approximately one third of the entire population of King County and is governed through 16 different municipalities and multiple special purpose districts. The Green River Valley is the second largest warehouse and distribution center on the west coast housing goods for the region, the state, and the nation. Zone 3 houses several major road and rail transportation corridors, international airport, critical utility infrastructure,historical and cultural centers, and multiple health care facilities. Zone 3 also houses a large amount of hazardous chemical storage and transportation facilities In 1998. the Regional Disaster Planning process began emphasizing collaborative response operations, capitalizing on geographical coordination within the County already utilized by King County Fire Resource Plan. The King County region is separated into 3 zones, One, Three &Five. Zone 5 is the City of Seattle and operates as its own zone with internal procedures for all disciplines. Zone 1 is comprised of 22 north and east King County cities. Each city sends a representative or coordinates through the Zone 1. coordination center located at the Bellevue City Hall Campus. Under the Regional Disaster Plan for Public and Private Organizations in King County Zone 3 will operate through discipline coordinators who will operate from the King County ECC. Those disciplines include Law Enforcement, Fire, Public Works, Public Information, Schools, Business, Water/sewer, etc. Of the 16 signatory cities, only one has a dedicated full time Emergency Manager. hiitial efforts to build response guidelines has provided a foundation for four key discipline coordinator positions with a basic plan and core standards for equipment typing and resource allocations. PART 3 —SCOPE OF WORE,TIMELINES & DELIVERABLES City of Kent Emergency Management is the lead organization in conducting the procurement process and establishing the consultant contract for these services. • Review existing Zone 3 Multi-discipline Response Plan. April 2006 • Review Regional Disaster Plan. • Review National Response Plan. •—Complete NIMS training. • Meeting between Consultant and Zone 3 Coordinator. • Meeting with Consultant and the Zone 3 Emergency Management May 2006 Directors. • Meet with the Discipline Coordinators for Fire, Law Enforcement, Public Works, and Public Information. • Begin updating the Zone 3 Resource Book. • Meeting between Consultant and Zone 3 Coordinator. • Provide initial assistance to Zone 3 agencies to meet the four phase approach at NIMS adoption and implementation. • Continue updating the Zone 3 Resource Book. • Assist with continuing education of existing discipline leads in the June 2006 concept of operations according to the Regional Disaster Plan. • Identify and meet with Special Purpose District's (Water and Sewer Districts) discipline points-of-contacts to pre-identify discipline resources and their mobilization capabilities. z::> Pre-identify and draft a list of major resources. =:> Identify immediate and delayed resources. => Pre-identify discipline-based, terrorism-related resource needs. => Establish a formal request procedure for local resources. Establish resource deployment guidelines from home agencies to the site of need, emphasizing personal safety and accountability. Develop documentation for resource tracking and accountability for deployment and requests. Establish command and control communications systems and establish guidelines for interoperable field communications. Develop a conununications plan across multiple disciplines using 800 MHz, VHF, and amateur radios, Nextel. Identify a numberin system for resources. 8 • Meeting between Consultant and Zone 3 Coordinator. • Continue providing general assistance to Zone 3 agencies to meet the four phase approach at NIMS adoption and implementation. • Provide initial assistance for Zone 3 agencies in meeting the requirements of change with the National Response Plan. July 2006 • Provide general assistance to Zone 3 agencies for planning related to Zonal, Sub-regional and Regional notification,response, mobilization, and resource tracking. • Assist with continuing education of Special Purpose District's discipline leads in the concept of operation s according to the Regional Disaster Plan. • Continue updating the Zone 3 Resource Book. • Assist with clarifying and documenting protocols for working with Zones 1 and 5 and King County OEM during activations of the Regional Disaster Plan. • Continue gathering discipline resources and their mobilization capabilities from pre-identified Special Purpose Districts. Pre-identify and draft a list of major resources. Identify immediate and delayed resources. Pre-identify discipline-based, terrorism-related resource needs. => Establish a formal request procedure for local resources. Establish resource deployment guidelines from home agencies to the site of need, emphasizing personal safety and accountability. => Develop documentation for resource tracking and accountability for deployment and requests. Establish command and control communications systems and establish guidelines for interoperable field communications. Develop a communications plan across multiple disciplines using 800 MHz, VHF, and amateur radios, Nextel. => Identify a numbering system for resources. Assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone 3 response needs. August 2006 Meeting between Consultant and Zone 3 Coordinator. • Continue providing assistance to Zone 3 agencies for planning related to Zonal, Sub-regional and Regional notification,response, mobilization, and resource tracking. • Identify and meet with Zone 3 Hospital discipline points of contact to pre-identify discipline resources and their mobilization capabilities. Pre-identify and draft a list of major resources. => IdentifX immediate and delayed resources. 9 z:� Pre-identify discipline-based, terrorism-related resource needs. Establish command and control communications systems and establish guidelines for interoperable field communications. Develop a communications plan across multiple disciplines using 800 MHz, VHF, and amateur radios, Nextel. • Assist with continuing education of Special Purpose District's and Hospital discipline leads in the concept of operations according to the Regional Disaster Plan. • To assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone 3 response needs. • Meeting between Consultant and Zone 3 Coordinator. • Meeting with Consultant and the Zone 3 Emergency Management Directors. September/ • Continue gathering discipline resources and their mobilization October 2006 capabilities from Zone 3 hospitals. Pre-identify and draft a list of major resources. Identify immediate and delayed resources. => Pre-identify discipline-based, terrorism-related resource needs. Establish command and control communications systems and establish guidelines for interoperable field communications. => Develop a communications plan across multiple disciplines using 800 MHz, VHF, and amateur radios,Nextel. • Identify and meet with Zone 3 School Districts discipline points- of-contact to pre-identify discipline resources and their mobilization capabilities. =:> Pre-identify and draft a list of major resources. => Identify immediate and delayed resources. =::> Pre-identify discipline-based, terrorism-related resource needs. • Assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone 3 response needs. • Begin updating the Zone 3 Resource Book. December 2006 . Meeting between Consultant and Zone 3 Coordinator. • Meeting with Consultant and the Zone 3 Emergency Management Directors. • Continue gathering discipline resources and their mobilization capabilities from Zone 3 school districts. Pre-identify and draft list of major resources. y Identify immediate and delayed resources. Pre-identify discipline-based, terrorism-related resource needs. • Assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone 3 response needs. • Complete update to the Zone 3 Resource Book. 10 February 2007 Meeting between Consultant and Zone 3 Coordinator. • Meeting with Consultant and the Zone 3 Emergency Management Directors. • Submit final billing statement to EM no later than February 15, 2007. • End of the gKoject report PART 4—BUDGET Kent Emergency Management has been awarded total expenditures of $75,000 for completing this scope of work from the FFY04 State Homeland Security Program. Funds for this contract are contingent upon receipt and fulfillment of this grant. PART 5- PROPOSAL REQUIREMENTS Proposers shall subunit one (1) unbound original and five (5) copies of the proposal. Each proposal shall contain the following infou7uation in the following order: A. Cover Letter The cover letter shall include the name and phone number of a contact person. B. Executive Summary C. Project Organization • Identify the principal officers and personnel who will be working on this project, including sub consultant (s) if they shall be used. • Submit one or two paragraphs about each team member describing their responsibilities, their areas of expertise and how they contribute to the project. • Resumes for all personnel assigned to perform work under this contract. D. Understanding of Goals & Issues • The proposal shall demonstrate the proposer's understanding of the project goals and familiarity with the issues. E. Approach and Methodology • Explain your approach for the dealing with a wide variety of organizations and disciplines including the availability of team members and resources. • Explain methodology for reconciliation of differing opinions and strategies. F. Qualifications and Experience • Describe your experience in performing planning and exercise services described in this RFP, including an understanding of the issues and constraints in dealing with multiple public jurisdictions. G. References • Provide at least three (3) references involving planning, preferably emergency management and/or response plans where services provided relate to those described in this document. • Provide the name, telephone number, any contract start and completion dates, and budget. H. Proposed Costs 11 • Provide proposed contract cost for accomplishing the development and delivery of the response plans, tabletop exercise, after action report and corrective action plan. PART 6—CONSULTANT SELECTION PROCESS A. General Approach Respondents to this RFP will be rated on the content of their proposals. A list will be created and proposer's may be asked to provide more information either at an oral interview or by other means. The selection panel will create a short list to move onto the oral interview process. Once selected, contract negotiations will begin. If a satisfactory contract cannot be negotiated, the City will terminate negotiations and begin with the next ranked selection. The City reserves the right to award no contract under this RFP. B. Selection Panel The selection panel will be composed of members of differing disciplines from Zone 3 and the City of Kent. The panel will recommend selection for approval to Kent Emergency Management based upon the written proposals and oral interviews. C. Selection Schedule (approximate date/times) Application process opens March 6, 2006 Application process ends March 22,2006 Review applications March 23, 2006 Applicant notifications March 27, 2006 Applicant interview April 4 & 5, 2006 Selection, contract negotiations April 6, 2006 Contract completion May 1, 2006 • 12 KEN T WAS"I.GTO. CONSULTANT SERVICES AGREEMENT between the City of Kent and [Insert Consultant's Company Name] THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and [Insert Consultant's Co. Name] organized under the laws of the State of [Insert State Co. Formed Under], located and doing business at [Insert Consultant's Address and Phone Number] (hereinafter the "Consultant"). I. DESCRIPTION OF WORK Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: To assist in the continued growth of existing discipline groups and essential expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Regional Disaster Plan in accordance with the City's Request for Proposal regarding this project and in Consultant's response to that proposal, dated 2006. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. IL TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by February 15, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed_ (Amount to be negotiated with selected Consultant) ($ ) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. This amount shall be allocated between the planning, training, and exercise goals in accordance with the City's Request for Proposal. The Consultant agrees that the hourly or flat rate charged by it for its set-vices contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit_ B. The Consultant shall submit [ monthly or quarterly — which ? ] payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The final bill shall be submitted no later than February 15, 2007. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or ally CONSULTANT SERVICES AGREEMENT- I rover S10.000t portion of an invoice, it shall notify the Consultant and reserves the option to only pay tl portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work., the City being interested only in the results obtained under this Agreement. V. TERMINATION. The City may tenninate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The work contracted for in this Agreement is paid for with grant funds awarded by the State Homeland Security Program. Should that funding be withdrawn, reduced, or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may tenninate this Agreement. B. The Consultant's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the contract work. C. The Consultant's failure to complete the work within the time specified in this Agreement. D. The Consultant's failure to make full and prompt payment to subcontractors or for material or labor. E. The Consultant's persistent disregard of federal, state, or local laws, rules,or regulations. F. The Consultant's filing for bankruptcy or becoming adjudged bankrupt. G. The Consultant's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Consultant shall not receive any further money due under this Agreement until the contract work is completed. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT-Z tover S10.000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, m 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 Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indenmification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. CONSULTANT SERVICES AGREEMENT-3 (a,er 910_000) 15 tIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forting 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 Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. CONSULTANT SERVICES AGREEMENT-4 lever 910.0001 IN WITNESS, the parties below execute this Agreement, which shall become effective on the lastl6 date entered below. CONSULTANT: CITY OF KENT: By: By: (signanrre) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) ('Tide) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: [Insert Contact Name] Mr. Jim Schneider, Fire Chief [Insert Company Name] City of Kent Fire Department [Insert Address] 220 Fourth Avenue South [Address - Continued] Kent, WA 98032 [Insert Telephone Number] (telephone) (253) 856-4300 (telephone) Insert Fax Number] (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: Kent Law Department PhCm I IFI6 ESK1PenFil<sVNWIM(IO41RegionalDisastm-TermnsnCuordinabr doc CONSULTANT SERVICES AGREEMENT-5 t0rer.910.000) 17 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: I 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 1, 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 1200 ._ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS- I CITY OF KENT 18 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 affinllative 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 19 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 20 EXHIBIT A INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. '. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors,products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form. CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured wider the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injuty and property damage of $1,000,000 per accident. 2. Commercial General Liabilitv insurance shall be written with limits no less than $1,000,000 each occurrence, and a $1,000,000 general aggregate. 21 EXHIBIT A (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either patty,except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 22 This page intentionally left blank. 23 POLICE DEPARTMENT Chuck Miller, Interim Chief of Police `V I(�r[•�- Phone:253-856-5888 w,s„,„�,o Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: March 16, 2006 TO: Public Safety Conmiittee FROM: Ed Crawford, Chief of Police SUBJECT: FY 2006 Bureau of Justice Assistance Bulletproof Vest Program grant MOTION: I move to authorize the Kent Police Department to apply for the FY 2006 Bureau of Justice Assistance Bulletproof Vest (BVP)grant. SUMMARY: This federal program funds fifty percent of new and replacement bulletproof vest costs for police officers. The projected vest expenditures for this grant period, based on expected new hire commissioned police officers are$7,735, including tax. The expected grant award is $3,868. The funding is available electronically on a reimbursement basis upon proof of purchase. The grant application deadline is April 18, 2006. EXHIBITS: Notice of application deadline from U.S. Department of Justice BUDGET IMPACT: None. BACKGROUND: The Department's replacement schedule complies with the industry standard for bulletproof vest replacement, which is five years. The Kent Police Department was awarded a total of $90,452 from 1999 to 2005. The number of BVP reimbursed Kent police officer vests over the past five years exceeded the number of sworn staff due to the need to replace the defective Second Chance Zylon vests in 2004. Public Safety Committee Subject:Bulletproof Vest grant Date:March 16,2006 24 This page intentionally left blank. 25 Bulletproof Vest Partnership 4�:A*.,, The Bulletproof Vest Partnership(BVP), created by the Bulletproof Vest Partnership Grant Act of 1998. is a unique U.S. Department of Justice M initiative designed to provide a critical resource to state and local law Lw enforcement. Since 1999, over 11,900 jurisdictions have participated.in the BVP Program, with $173 million in federal funds committed to support the purchase of an estimated 450,000 vests. The Office of Justice Programs' Bureau of Justice Assistance (BJA) administers the BVP Program. New: Applications for FY 2006 BVP funds are currently being accepted through the online BVP system. The deadline for submitting FY 2006 BVP applications is Tuesday, April 18, 2006 at 8:00 p.m. (e.s.t.).All applications must be submitted by this deadline, in order to be considered for FY 2006 funding. Excerpt from http://www.ojp.usdoj.govibvpbasi/ 26 This page intentionally left blank. CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES March 16, 2006 COMMITTEE MEMBERS: Ron Harmon,Bob O'Brien, and Les Thomas, Chair • The meeting was called to order by Chair Les Thomas at 5:00 PM. 1. Approval of Minutes Ron Harmon moved to approve the minutes of the February 9,2006 meeting. The motion was seconded by Bob O'Brien and passed 3-0. 2. Consultant Aereement for Kin¢County Zone 3 Emergency Management Coordinator- AUTHORIZE Pat Pawlak,Fire Division Chief,reviewed the purpose of the consultant agreement. Bob O'Brien moved to recommend that Council authorize the Mayor to sign the contract with consultant to enhance Zone 3 Emergency Management Planning. The motion was seconded by Ron Harmon and passed 3-0. 3. FY 2006 Bureau of Justice Assistance Bulletproof Vest —AUTHORIZE Chuck Miller, Interim Chief of Police,reviewed the purpose of the grant funds. Ron Harmon moved to authorize the Kent Police Department to apply for the FY 2006 Bureau of Justice Assistance Bulletproof Vest(BVP)grant. The motion was seconded by Bob O'Brien and passed 3-0. INFORMATIONAL ONLY: Chair Les Thomas welcomed Chuck Miller as the Interim Chief of Police following Chief Ed Crawford's resignation. The eeting ydjourned at 5:18 PM. Jo pson Pu Safety Committee Secretary