HomeMy WebLinkAboutCity Council Committees - Operations - 01/05/2010 •
KEN T
WASH NOTON
Operations Committee Agenda
Councilmembers: Debbie Raplee*Les Thomas* , Chair
January 5, 2010
4:00 p.m.
ItemDescription Action Speaker Time Page
1. Approval of Minutes YES 1
Dated December 8, 2009
2. Approval of Vouchers dated YES Bob Nachlinger
November 30, 2009 and
December 15, 2009
3. Washington State Recreation and YES Jeff Watling 10 Min. 5
Conservation Office Grant Agreement
For Panther Lake Acquisition - Accept
4. Kent Fire Department Regional Fire YES Jim Schneider 30 Min. 23
Protection Service Authority, Ballot
Proposition and Authorization —
Resolution
5. Liability Insurance Coverage NO Chris Hills 10 Min. 85
(Informational Only)
Unless otherwise noted, the Operations Committee meets at 4:00 p.m. on the I" and 3r' Tuesdays
of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
Dates and times are subject to change. For information please contact Nancy Clary at (253) 856-
5705.
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.
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WM driu N OTC
OPERATIONS COIMMI17EE MINUTES
IDECEMBER R, 20,09
mmp a M9embers present: Debbie Repllee, `T'irr Clark anti Les Thomas
The meeting was called to Larder by Tim Clark at 5,03 p.m.
1. APPROVAL OF MINUTES DATED IDEC 'MEN R 1 209
Thomas moved to approve the minutes of the December 1, 2009 Operation
Committee meeting, Raplee seconded the motion, which passed -0.
2. MOVE TO RECOMMEND D COUNCIL ADOPT 'THE PROPOSED ORDINANCES
AUTHORIZING AN INCREASE IN THE PROPERTY TAX LEVY AND LEVYING
THE PROPERTY TAX FOR COLLECTION IN 2010.
Finance Director Bob Iriachlinger provided a revised motion sheet and ordinance
amending the ordinance in the packet. This is die to receiving Final assessed
valuatinn numbers frrarra Icing Cori t9raWc eaant raded the mction and ordinance to
reflect those Final numbers. The actuai Lax rate that had assumed a $2„358 went
down to $2,353, a reduction of about $30,000 in total property taxes advised that
State law requires two separate ordinances to authorize the City's property tax..
State law provides that the limit factor used by a Lazing jurisdiction with a
popurlatlon of 10,000 or over is the lesser of 101 percent of the previous maximum
allowed tax levy, or 100 percent, plus inflation. Historically, the City has imposed
the 1.01 percent limit factor each year since it becarne itaw. Clue to a drop in
inflation, the limit factor used to collect property taxes in 2010, quid decrease.
With already decreasing revenues from sales tax, permit fees„ and the lack of
development and new construction, reduced property tax revenues would impact
the City"s decreasing budget revenues resulting in further reductons to City
services. Therefore, staff recommend��sy that Council include a finding that a
substantial need exists pursuant to FCC 64,55,0101 to maintain a limit factor of
101 percent. In order to authorizer the limit, factor, Council must adopt the
ordinance by a majority vote, plus one, The first ordinance authorizes an increase
in the regular property tax to 1% over the previous maximum allowed tax ievy,.
They second ordinance levies the 'tax for collection in 2010. The estimated levy is
$27,649,944 f'cr the General Fund and $600,000 for the Voted Debt Levy', For an
estimated total of $28,249,944, The proposed property tax ordinances alre being
presented to the full City Council for discussion the same night that they are
presented to the Operations Committee. BUDGET IMPACT 71e revenue generated
by the proposed property Lax levy rate has been taken into consideration In
preparing the 2010 budget for Council consideration..
Raplee moved to recommend Council adapt the proposed ordinances
authorizing an increase in the property tax levy and levying the property
tax for collection in 2010. Thomas seconded the motion, which (passed tl.
2
Operations Committee Minutes
December 8, 2009
Page: 2
3, MOVE TO RECOMMEND ADOPTION OF AN ORDINANCE ADOPTING THIE 2010
BUDGET,
Finance Director Bob Nachiinger provided a new motion sheet for adoption of the
budget. It incorporates changes received from the CDUnCil'S Saturdays workshop.
Have a 0% COLA for employees, r-naintaired $1 million for flood fight, project 8.1%
fLrc balance, aind adding back in Prosecutors position, Nachlinger advised that this
ordinance adopts the 2010 budget. The budget to be adopted is summarized in
Exhibit A. It includes the Preliminary Budget document as amended by Exhibit E,
which 'includes all adjustments made to the Preliminary Budget since its original
publication and amends the authorized Employee Full-Time Equivalent count as
prosented at tho Docernber 2, 2009 workMiop. BUDGET IMPACT: 2010 Rudgr-�t.
BA KGR()l Council held tvo public )eal ings bid threc worksa-top,,, or) the
2010 budget, All amendments in Exhiblit B have been reviewed by the Operations
Committee. Adjustments related to the actual property tax levy will be
Incorporated as soon as we receive final rumbers from King County. Thomas
questioned getting to S. 1% fund balance when previously projected a week ago at
only 7.2"k. Nlar.Iflinger responded that moving slowly back to 8.1116 as projected In
budget, won't have, final fund balance until after the end of Fc�cruary, Clark asked
questions regarding the affect on the budget should the RFA not be approved by
voters. Chief Administrative Officer John Hodgson responded to Clark's question,
explalring that the 2010 budget assumes the Fire Department is not in the RFA. So
whatever is adopted for the Fire Department In the 2010 budget is tneir budget.
The Fire benefit charge does not take effect until 2011. Thomas questioned
Hodgson regarding reaching the 8,111/6 fund balance and the possibility of future
layoffs, Hodgson responded that the books an 2010 WOUld not be closed until the,
end of Februairy and that would be the soonest that they would know did we get to
the 8.111/6 or are we shy of it and that is when adjustments would be made up or
down.
Rapfee moved to recommend adoption of an ordinance adopting the 2010
budget. Clark seconded the motion, which passed 2-1. Thomas opposed.
4. MOVE TO RECOMMENDIDO NOT RECOMMEND UPDATING THE CAil
FACILITIES ELEMENT OF THE KENT COMPREHENSIVE PLAN AND CHAPTER
12.13 KENT CITY CODE TO INCORPORATE THE 2009110, — 2014,115
CAPITAL FACILITIES PLANS OF THE KENT, FEDERAL WAY AND AUBURN
SCHOOL DISTRICTS, INCLUDING UPDATED SCHOOL IMPACT FEES, AS
RECOMMENDED BY STAFF.
Economic and Oomrnunity Devek)prnert Planning Manager Charlene Anderson noted
that the Kent City Code provides for imposition of school impact fees on behalf of
any schooll district which provides to the City a capital facilities plan; the plan is
adopted by reference as part of the Capital Facilities Element of the Kent
Comprehensive Plan. The school districts are, required to submit for annual Council
review their updated capital facilities plans. The Kent, Federal Way and Auburn
School Diistrcts submitted their Ui2datcd Capital Facilities Plans to the City of Kent
3
Operations Committee Minutes
December 8, 2009
Page; 3
and are proposing to amend school impact fees. Anderson further noted that the
C'tY Council held the required public hearing on November 17, 2009, at the sarne
time as the second public hearings for the budget and the City's 6-year Capital
Improvement Plan. The proposed Capital Facilities Element of the Kent
Comprehensive Plan and Chapter 12.13 Kent City Code to incorporate the 2009/10
- 2014/15 Capital Facilities Plans of the Ker!t, Federal Way and Auburn School
Dlst7lcts, inclL16rig updated School Impact (Fees, as recommended by staff
ordinances are being presented to the full City Council for discussion the same night
that they are presented to the Operations Committee. BUDGET IMPACT: None
BACKGROUND: One of the planning goals, under the Growth Management Act
(RCW 36.70,A,020) is to ensure that those public facilities and servlces necessary to
support development arr.., adequate and timely to serve dic,,! devel �prnert without
docieasimj U1 1011't lovols bek.)�,v rninirrium a,trrnrNrui ds. ri-e Act (RC' V
36.70A.070) requires the Capital Facilities Elernernt of the Kent Comprel Plan
to inventory existing capital facilities, forecastt, future needs and provide for
financing of those facili-Jes. RCW 82,02,050 authorizes cities planning under the
Growth Management Act to impose impact fees on developmentt, activity as part of
the financing for public, facilffl�-,s needed to serve new growth and development, As
a result, KCC 12.13.080 and 090 provide for imposition of school impact fees on
behalf of any school district which provides to the City a capital facilities plan; the
plan is adopted by reference as part of the Capital Faclfltles Element of the Kent
Comprehensive Plan, The school districts a�e required to submit for annual Council
review their updated capital facilities plans (KCC 12.13.060 & 070). The Kent,
Federal Way and Auburn School Districts submitted their 2009/10 - 2014/15
Capital Facilities Plans and are requesting amendments of the Kent Comprehensive
Plan and Kent City Code Chapter 12.13 to reflect changes to impact fees resulting
from new student population generated by new single family and multifamily
res'dential development. The updated plans include an inventory of existing
facilities, existing facility needs, expected future facility requirernerts, expected
fLircfng, and calculation of the impact fees; according to the formula set forth in KCC
12.13.140. The Kent SChGQl District: proposes to increase their existing school
imipact fees for single family units from $5,304 to $5,394 (an increase of $90 or
1.70/6) and for multifamily units from $3,266 to $3,322 (an increase of $55 or
1,70/6), The Federal 'Nay School District proposes to decrease their existing school
impact fees for single family units from $4,017 to $3,E32 (a decrease of $185 or
4.6016) and increase their fees for multifamily units from $1,733 to $2,114 Can
increase of $381 or 22.0,1/b}. The Auburn School District proposes to increase their
existing school impact fees for single family units from $5,374.64 to $5,432.70 Car
increase of $58.06 or L.10/6) and increase their fees for multifamily units from
$877.02 to $1,184.71 (an increase of $307.69 or 35,10%). The only area in Kent
where Auburn School District's impact fees are applied is the Verdana or Bridges
PUD on the former impoundment reservoir, site. Rease refer to your November 17,
20019 City Council agenda packet for the school district capital facilities plans,
environmental determination, comparison charts, and applicable code sections,
Included in today's packet is the DNS and Addendum for the Federal Way School
District. Staff will be available at the December St` ccrnm1ttee meeting to answer
questions. The Committee raised questions which Anderson responded to,
4
Operations Committee Minutes
December 8, 2009
Page; 4
Thomas moved to recommend updating the Capital Facilities Element of
the Kent Comprehensive Plan and Chapter 12.13 Kent City Casale to
incorporate the 2009110 — 2014/"15 Capital Facilities Plans of the Kent,
Federal Way andl Auburn School Districts, including updated School 'Impact:
Fees, as recommended by staff. Raplee seconded the motion which passed
-0.
5 MOVE TO REC't?MMENDIDO NOT RECOMMEND UPDATING THE CAPITAL
FACILITIES ELEMENT OF THE KEN"T COMPREHENSIVE PLAN TO INCLUDE
THE 2010-2015 CAPITAL IMPROVEMENT PLAN, A5 RECOMMENDED BY
STAFF.
Economic: and Community Development Planning Manager Charlene Anderson
advised that the Kent City Code allows update of the Cap":tal Facilities (Element of
the Bent Comprehensive Plan concurrent witn the adoption os the City budget. The
Capital Facilities Element includes the City's 6-year financing plan, which is updated
annually. AndeTnaon further advlsed that the City COUndl hold the requilred public,;
hearing on this proposed update tc ti,e Kent Comprehensive Plan on Noveriber 12,
2009, at the same tinre as the second public hearings for the budget and the City's
6-year Capital Improvement Plan. The proposed Capital Facilities Eleume!rt of the
Kent Comprehensive Plan to include the 2010-2015 Capital Improvernent Plan
ordinance is being presented to the fuh City Cowicil for discussion the same night
that it is presented to the Operations Committee. BUDGET IMPACT: None
BACKGPOJND: One of the planning goals under the Growth Management Ac.tL.
(LtCb'V 36.70&020; Is to, ensure that those public farclitics and services necessary to
support desrelopment are adequate and timely to serve the development withouL
decreasing c,urnent service levels below minirnurn standards. The Act (RCW
36.70A.070) requires the Capital Facilities Element of the Kent Comprehensive Plan
to inventory existing capital facilities, forecast future needs and provide for
financing of those facilities needed in the future. The 2010-2015 Capital
Improvement Plan is being considered at the December 8th Operations Committee
meeting and is proposed also to update the Capital Facllit,hes Element of the Kent
Comprehensive Plan. Staff will be available at the December 8th committee
meeting to answer questions.
Raplee moved to recommend updating the Capital Facilities Element of the
Kent Comprehensive Plan to include the 2010-20715 Capital Improvement
Plan, as recommended by staff. Thomas seconded the motion which
passed 3-0.
r erneeting ad urned at 5.20 p.ir
, e
Nancy CI sn
Gperaatlo t CormmitCe Secretary
5
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
KEN T Fax: 253-856-6050
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
January 5, 2010
TO: Kent City Council Operations Committee
FROM: Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Washington State Recreation and Conservation Office Grant Agreement
for Panther Lake Acquisition - Accept
MOTION: Move to recommend Council accept the Washington State
Recreation and Conservation Office grant in the amount of $536,115.00 for
the acquisition project on Panther Lake, and approve the expenditure of
funds in the land acquisition budget.
SUMMARY: As part of strategic planning for the Panther Lake Annexation Area parks
staff identified several parcels on Panther Lake to target for potential acquisition.
Staff submitted a grant application to the RCO in the WWRP Water Access category.
We were selected as the first alternate during the initial grading period and due to
other projects not meeting contracted requirements we are now in line for partial
funding of our acquisition request. This project agreement will grant us $536,115.00
of the approximately $1.2 million we requested from the RCO. It will also position
the city for additional funds, should money come available from other awarded
projects.
EXHIBITS: WWRP Project Agreement
BUDGET IMPACT: Budgeted: X Yes No
6,
j
WASHINGTON STATE
Recreation and
Conservation Office WWRP Project Agreement
Outdoor Recreation Account
Project Sponsor: Kent Parks, Recreation &Community Services Project Number:08-1354A
Project Title: Matinjussi Panther Lake Acquisition Approval Date:11/20/2009
i
A. PARTIES OF THE AGREEMENT
This project grant agreement(agreement)is entered into between the State of Washington by and through the
Recreation and Conservation Funding Board(RCFB), P.O. Box 40917, Olympia,Washington 98504-0917 and City of
Kent by and through the Kent Parks, Rec&Comm Sery(sponsor), 220 4th Ave S, Kent,WA 980325895 and shall
be binding on the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of
the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor
for the project named above.
C. DESCRIPTION OF PROJECT
The subject project is described on the attached project summary.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 7, 2009 and end on April 29,2011. No expenditure
made before or after this period Is eligible for reimbursement unless incorporated by written amendment into this
agreement or specifically provided for by funding board/office policy.
Requests for time extensions are to be made at least 60 days before the agreement end date. If a request for a time
extension is not made at least 60 days before the agreement end date,the request may be denied. If the request is
made after the agreement end date,the time extension will be denied.
E. ON-GOING OBLIGATION !'!
For acquisition projects the project sponsor's on-going obligations shall be in perpetuity and shall survive the
completion/termination of this project agreement unless otherwise identified in the agreement or as approved by the
funding board. It is the intent of the funding board's conversion policy(see section 26)that all lands acquired with
funding assistance remain in the public domain in perpetuity.
F. PROJECT FUNDING
The total grant award provided by the funding board/office for this project shall not exceed$536,115.00. The funding
board/office shall not pay any amount beyond that approved for funding of the project. The sponsor shall be
responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this
project at a minimum shall be as indicated below: -
Percentage Dollar Amount
RCFB-W WRP-Water Access 49.93% $536.115.00
Project Sponsor 50,07% $537,618.00
Total Project Cost 100.00% $1,073,733,00
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this agreement are subject to this agreement and its attachments, as now
existing or hereafter amended, including the sponsor's application, project summary,eligible reimbursement activities
report,and project milestones, all of which are incorporated herein.
Except as provided herein, no amendment/deletions of any of the terms or conditions of this agreement will be
effective unless provided in writing. All such amendment/deletions except those concerning the period of
performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's
director or designee.
The sponsor has read,fully understands, and agrees to be bound by all terms and conditions as set forth in these
documents.
WWRP Project Agreement-RCO#08-1354A Outdoor Recreation Account
Chapter 79A.15 RCW, Chapter 286 WAC Page 1 of 13
PROJAGR.RPT
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H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES
This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and
regulations,including Chapter 79A.15 ROW,Chapter 286 WAC,and published agency policies,which are
incorporated herein by this reference as if fully set forth.
I. SPECIAL CONDITIONS j
None
i
J. FEDERAL FUND INFORMATION
(none)
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K. PROJECT AGREEMENT REPRESENTATIVE
All written communications sent to the sponsor under this agreement will be addressed and delivered to:
Project Contact RCFB
Name: Brian Levenhagen Recreation and Conservation Office
Title: Assistant Park Planner Natural Resources Building
Address: 220 4th Ave S PO Box 40917
Kent,WA 98032 Olympia,Washington 98504-0917
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIREAGREEMENT
This agreement,with all amendments and attachments,constitutes the entire agreement of the parties. No other
understandings,oral or otherwise,regarding this agreement shall exist or bind any of the parties.
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M. EFFECTIVE DATE
This agreement,for project 08-1354A,shall be effective on signing by all parties. Reimbursements for eligible and
allowable costs incurred prior to the effective date and those costs incurred within the period of performance are
allowed only when this agreement Is signed by all parties and an original is received by ROO, The period of
performance is identified in section D.
I
The signators listed below represent and warrant their authority to bind the parties to this agreement.
Kent Parks,Rec&Comm Sery
By: Date:
Name: (printed)
Title:
State of Washington �I
On behalf of the Recreation and Conservation Funding Board(RCFB)
By: Date,
Kaleen Cottingham
Director, Recreation and Conservation Office
Pre-approved as to form:
By: /s/ - Date: Aril 1,2009
Assistant Attorney General ',.
WWRP Project Agreement-ROO#08-1354A - Outdoor Recreation Account
.Chapter 79AA5 ROW,Chapter286 WAC Page 2 of 13
PROJAGR.RPT
81.
Y..
y ;i', WASHING-ON STATE '.
Recreation and
Conservation Office Standard Terms and Conditions
of the Project Agreement
Project sponsor: Kent Parks, Recreation&Community Services Project Number:08-1354A L.
Project Title: Matinjussi Panther Lake Acquisition Approval Date:1112012009
SECTION 1. CITATIONS,HEADINGS AND DEFINITIONSI,
A. Any citations referencing specific documents refer to the current version at the date of project agreement and/or any revisions in
the future.
B. Headings used in this agreement are for reference purposes only and shall not be considered a substantive part of this
agreement.
C. Definitions.As used throughout this agreement,the following terms shall have the meaning set forth below:
acquisition-The gaining of rights of ownership by purchase,negotiation,or other means,of fee or less than fee interests in real
property.
agreement-The accord accepted by all parties to the present transaction;this agreement,any supplemental agreements,any
amendments to this agreement and any Intergovernmental agreements.
applicant-Any agency or organization that meets the qualifying standards,including deadlines,for submission of an application
soliciting a grant of funds from the funding board.
application-The forms and support documents approved by the funding board or its director for use by applicants in soliciting
project funds administered by RCO.
asset-Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this agreement.This
definition is restricted to non-fixed assets,including but not limited to vehicles,computers or machinery.
cognizant or oversight agency-Federal agency responsible for ensuring compliance with federal audit requirements.
contractor-Shall mean one not in the employment of the sponsor who Is performing all or part of the eligible activities for this
project under a separate agreement with the sponsor.The term"contractor"and"contractors"means contractor(s)in any tier.
corporate sponsor-Any corporate form of business,including nonprofit organizations,under RCW 231 23B and 24.
developmentfrenovatlon-Construction of or improvement of site or site facilities.
director-The chief executive officer of the Recreation and Conservation Office or that person's designee.
elements and items-Components defined as part of the scope of work,see Section 26 B.
funding board-The board that authorized the funds in this agreement,eitherthe Recreation and Conservation Funding Board
(RCFB)created under chapter 79A.25.110 RCW,orthe Salmon Recovery Funding Board(SRFB)created under chapter
77.85.110 RCW.
landowner agreement-A landowner agreement is required between a sponsor and landowner for projects located on land not
owned,or otherwise controlled,by the sponsor.
milestone-An important event with a defined deadline for an activity related to implementation of a funded project.
period of performance-The time period specified in the agreement,under Section D,period of performance. ,,
post evaluation summary-One of the documents used to summarize and describe the actions undertaken in the agreement.
project-The undertaking that is the subject of this agreement and that is,or may be,funded in whole or in part with funds
administered by RCO on behalf of the funding board. '....
RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and
Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters '..
79A.25.110 and 79A.25.150 RCW and charged with administering this agreement by Chapters 77.85.110 and 79A.25.240 RCW
reimbursement-Payment of eligible and allowable.costs that have already been paid by the sponsor per the terms of the '....
agreement.
restorationlenhancement-Bringing a site back to its original function as part of a natural ecosystem or Improving the ecological
functionality of a site.
sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed agreement;includes its
officers,employees,agents and successors. - - -
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor shall undertake the project as described in this agreement,post evaluation summary,the sponsor's application,and in
accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the
application,all as finally approved by the funding board.All submitted documents are incorporated by this reference as If fully set forth
herein.The Order of Precedence is covered in Section 34. - - - - _--
Timely completion of the project is important.Failure to meet critical milestones or complete the project,as set out in this agreement,
is a material breach of the agreement.
WWRP Project Agreement-RCO#08-1354A Outdoor Recreation Account
Chapter 79A.15 RCW,Chapter 286 WAC _ Page 3 of 13
PROJAGR.RPT _
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SECTIONS. ASSIGNMENT
Neither this agreement,nor any claim arising under this agreement,shall be transferred or assigned by the sponsor without prior
written consent of the funding board.
f
SECTION4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this agreement,the project
itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,or to any third
party,other than as is expressly set out in this agreement.The responsibility for the implementation of the project,is solely that of the
sponsor,as is the responsibility for any claim or suit of any nature by any third party related In any way to the project.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law,the sponsor expressly agrees to and shall indemnify,defend and hold harmless the State
and its agencies,officials,agents and employees from and against all claims,actions,costs,damages,or expenses of any nature
arising out of or incident to the sponsor's or any contractor's performance orfailure to perform the agreement.Sponsor's obligation to
indemnify,defend and hold harmless also includes any claim by sponsor's agents,employees,representatives or any contractor or its
employees.Sponsor's obligation to defend includes payment of any costs or attorneys'fees.
Sponsor's obligation shall not include such claims that may be caused by the sole negligence of RCO,its officials,agents,and
employees. If the claims or damages are caused by or result from the concurrent negligence of(a)RCO,its agents or employees and
(b)the sponsor,its contractors,agents,or employees,this indemnity provision shall be valid and enforceable only to the extent of the
negligence of the sponsor or its contractors,agents,or employees.The sponsor expressly agrees to waive his/her immunity under ,....
Title 51 RCW to the extent required to indemnify,defend,and hold harmless the State and its agencies,officials,agents or
employees.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and its employees or agents performing under this agreement are not officers,employees or agents of the funding board
or RCO.The sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO,a funding board or of the state of
Washington,nor will the sponsor make any claim of right,privilege or benefit which would accrue to an employee under Chapters
41.06 or 28B RCW. ',...
The sponsor Is responsible for withholding and/or paying employment taxes,insurance,or deductions of any kind required by federal,
state,and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal,RCO may,in its sole discretion,by written notice to
the sponsor terminate this agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act,Chapter 42,52 RCW;or any similar statute involving the sponsor in the procurement of,or performance under,this
agreement.
In the event this agreement is terminated as provided above,RCO shall be entitled to pursue the same remedies against the sponsor
as it could pursue in the event of a breach of the agreement by the sponsor.The rights and remedies of RCO provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
SECTION B. ACKNOWLEDGMENT AND SIGNS
A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to
this project in any release or other publication developed or modified for,or referring to,the project.
B. Signs.The sponsor also shall post signs or other appropriate media at project entrances and other locations on the project which
acknowledge the applicable grant program's funding contribution,unless exempted In funding board policy or waived by the
director. -
C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. _..- .
D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other
documents describing a project funded in whole or In part with federal money provided for in this grant,sponsors shall clearly
state:
1. The percentage of the total costs of the project that Is financed with federal money;
2. The dollar amount of federal funds for the project;and _.
3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. - -
WWRP Project Agreement-RCO#08-1354A - - - - Outdoor Recreation Account _
Chapter 79A.15-.RCW,-Chapter 286 WAC _. Page of 13
PROJAGR.RPT
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SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the agreement in accordance with applicable federal,state,and local laws,regulations and ROO and
funding board policies.
The sponsor shall comply with,and ROO is not responsible for determining compliance with,any and all applicable federal,state,and
local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act; Industrial Insurance Coverage;
Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances,
Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health
Administration/Washington Industrial Safety and Health Act);and Buy American Act,
Endangered Species
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence
with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223,203(b)(8),limit 8 or until an
Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this
requirement may be grounds for terminating this project agreement. This section shall not be the basis for any enforcement
responsibility by ROO.
Nondiscrimination Laws
The sponsor shall comply with all applicable federal,state,and local nondiscrimination laws and/or policies,including but not limited
to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act.In the event of the sponsor's noncompliance
or refusal to comply with any nondiscrimination law or policy,the agreement may be rescinded,cancelled,or terminated in whole or in
part,and the sponsor may be declared ineligible for further grant awards from the funding board.The sponsor is responsible for any
and all costs or liability arising from the sponsors failure to so comply with applicable law.
Prevailing Wage
The sponsor agrees to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the performance of any part
of this contract when required by state law to do so,and to comply with the provisions of the Davis-Bacon Act,other federal laws and
Chapter 39.12 ROW,as amended,and the rules and regulations of the Department of Labor and Industries.
Restrictions on Grant Use
No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships,
for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit,pamphlet,booklet,publication,radio,
television,or video presentation designed to support or defeat legislation pending before the U.S.Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such
sponsor,related to any activity designed to influence legislation or appropriations pending before the U.S.Congress or any state
legislature.
SECTION 10. ARCHAEOLOGICAL AND CULTURAL RESOURCES
The real property acquired,developed,renovated,or restored through this grant is subject to Governor's Executive Order(ED)05-05
or compliance with Section 106 of the National Historic Preservation Act concerning the review,analysis,and consultation with the
Washington State Department of Archaeology and Historic Preservation and affected Tribes for archaeological and cultural
resources. The funding board requires documented compliance with EO 05-05 or Section 106 of the National Historic Preservation
Act,whichever is applicable to the project. In the event that a federal agency declines to consult,the sponsor shall comply with EO
05-05. The sponsor must comply with EO 05-05 or the National Historic Preservation Act before initiating ground disturbing activity.
ROO will issue a notice to proceed(if applicable)when appropriate documentation has been received. ROO will not reimburse for
construction related activity until the sponsor demonstrates compliance.
In the event that archaeological or historic materials are discovered during project activities,work in the location of discovery and
Immediate vicinity must stop instantly,the area must be secured,and notification must be provided to the following:concerned Tribes'
cultural staff and cultural committees,ROO,and the State Department of Archaeology and Historic Preservation. In the event that
human remains are discovered during project activity,work in the location of discovery and Immediate vicinity must stop Instantly,the
area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee,ROO,State '..
Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to ROW.
68,50.
SECTION 11. HAZARDOUS SUBSTANCES
A. Definition."Hazardous substance,"as defined in Chapter 70.105D.020(11)ROW,means:
1.-- Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5)and(6)ROW,or any dangerous or
extremely hazardous waste designated by rule pursuant to Chapter 70.105 RCW;
2. Any hazardous substance as defined in Chapter 70.105.010(14)ROW or any hazardous substance as defined by rule
pursuant to Chapter 70.105.ROW;
3. Any substance that,on March 1,1989,is a hazardous substance under section 101(14)of the federal cleanup law,42
U.S.C.Sec.9601(14); _
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4. Petroleum or petroleum products;and
5. Any substance or category of substances,including solid waste decomposition products,determined by the director for
director's designee]of the department of ecology by rule to present a threat to human health or the environment if released l
into the environment.
6. The term hazardous substance does not include any of the following when contained in an underground storage tank from
which there is not a release:Crude oil or any fraction thereof or petroleum,if the tank is In compliance with all applicable
federal,state,and local law. I
B. Certification.The sponsor shall Inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the
presence of hazardous substances and certify:
1. No hazardous substances were found on the site,or
2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
laws,and the site deemed"clean."
C. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in
Chapter 70.105D RCW. I
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D. Hold Harmless.The sponsor will defend,protect and hold harmless RCO and any and all of its employees and/or agents,from
and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of
any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous
substances on the property being acquired.
SECTION 12. RECORDS MAINTENANCE
The sponsor shall maintain books,records,documents,data and other evidence relating to this agreement and performance of the
services described herein,including but not limited to accounting procedures and practices which sufficiently and properly reflect all
direct and indirect costs of any nature expended in the performance of this agreement.Sponsor shall retain such records for a period
of six years from the date RCO closes the project. At no additional cost,these records,including materials generated under the
agreement,shall be subject at all reasonable times to inspection,review or audit by RCO,personnel duly authorized by RCO,the
Office of the State Auditor,and federal and state officials so authorized by law, regulation or agreement.
If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,
claims,or audit findings involving the records have been resolved.
SECTION 13. PUBLIC RECORDS
Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this agreement shall be a public record as
defined in chapter 42.56 RCW. Additionally,in compliance with RCW 77.85.130(8),sponsor agrees to disclose any information in
regards to expenditure of any funding received from the funding board.
SECTION 14. ACCESS TO DATA
In compliance with chapter 39.29 RCW,the sponsor shall provide access,when requested,to data generated under this agreement j
to RCO,the Joint Legislative Audit and Review Committee,and the State Auditor at no additional cost.This Includes access to all
Information that supports the findings, conclusions,and recommendations of the sponsor's reports,including computer models and
methodology for those models.
SECTION 15. TREATMENT OF ASSETS
A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the !
sponsor discontinues use of the asset(s)for the purpose for which it was funded,RCO will require the sponsor to deliver the
asset(s)to RCO,dispose of the asset according to RCO policies,or return the fair market value of the asset(s)to RCO.Assets
shall be used only for the purpose of this agreement,unless otherwise provided herein or approved by RCO in writing.
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B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which
results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management
practices.
SECTION 16. RIGHT OF INSPECTION
The sponsor shall provide right of access to the project to RCO,or any of its officers,or to any other authorized agent or official of the
state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,compliance,
and/or quality assurance under this agreement.
If a landowner agreement has been executed,it will further stipulate and define the funding board and RCO's right to Inspect and- -
access lands acquired or developed with funding board assistance.
SECTION 17. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or
RCO.Sponsor further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the j
funding board. _.
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SECTION 18. DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS
"Lower tier participants"refer to any sponsor receiving a federal grant through ROO. Lower tier participants also refer to any grantee,
subgrantee,or contractor of any grantee or subgrantee from the original sponsor funded by ROO. In this section,the sponsor certifies
to ROO that neither they nor their subgrantees are suspended or debarred. Any grantee,subgrantee,or contractor of any grantee or
subgrantee from the original sponsor certifies to the sponsor directly.
For any federally funded projects,sponsors are required to follow any federal requirements. Furthermore any federal funding
requirements will be passed on to any other entity to whom the sponsor passes funds(also referred to as a lower tier participant).
The sponsor(prospective lower tier participant)certifies,by signing this agreement,that neither it nor its principals nor any other lower '....
tier participants are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from
participation in this transaction by any Federal department or agency. The sponsor(prospective lower tier participant)shall provide
immediate written notice to RCO if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has became erroneous by reason of changed circumstances.
Should the prospective lower tier participant enter into a covered transaction with another person at the next lower tier,the sponsor
(prospective lower tier participant)agrees by signing this agreement that it will verify that the person with whom it or its lower tier
participant intends to do business is not excluded or disqualified. The sponsor(prospective lower tier participant)will do this by:
A. Checking the federal Excluded Parties List System (www.epls.gov)for that person;or
B. Collecting a certification from that person;or
C. Adding a clause or condition to the covered transaction with that person.
The sponsor(prospective lower tier participant)agrees by signing this agreement that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,suspended,declared Ineligible,or voluntarily excluded from participation in this
covered transaction,unless authorized by the department or agency with which this transaction originated. A participant in a covered
transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,
suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.
SECTION 19. PROJECTFUNDING
A. Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this
agreement,unless an additional amount has been approved in advance by the funding board or director and incorporated by
written amendment into this agreement.
B. Before the Agreement.No expenditure made,or obligation incurred,by the sponsor before the effective date of this agreement
shall be eligible for grant funds,in whole or in part,unless specifically provided for by funding board policy,such as a waiver of
retroactivity or program specific eligible pre-agreement costs.The dollar amounts identified in this agreement may be reduced as
necessary to exclude any such expenditure from reimbursement.
C. After the period of performance.No expenditure made,or obligation incurred,following the period of performance shall be
eligible,in whole or In part,for grant funds hereunder.In addition to any remedy the funding board may have under this
agreement,the grant amounts identified in this agreement shall be reduced to exclude any such expenditure from participation.
SECTION 20. PROJECT REIMBURSEMENTS
A. Sponsors may only request reimbursement after eligible and allowable costs have already been paid and remitted to their
vendors.
B. Compliance and Payment.The obligation of ROO to pay any amount(s)under this agreement is expressly conditioned on strict
compliance with the terms of this agreement by the sponsor.
C. Compliance and Retainage.ROO reserves the right to withhold disbursement of the final ten percent(10%)of the total amount of
the grant to the sponsor until the project has been completed.A project is considered"complete"when
1. All approved or required activities outlined in the agreement are done; -
2. On-site signs are in place(if applicable);
3. A final project report is submitted to RCO; ... ..
4. Any other required documents are complete and submitted to RCO;
S. A final reimbursement request is submitted to ROO; -
6. The completed project has been accepted by RCO;
7. Final amendments have been processed;and
8. Fiscal transactions are complete.
D. Reimbursement Request Frequency.Sponsors are encouraged to send ROO a reimbursement request at least quarterly. - - -- - - - --- -
Sponsors are required to submit a reimbursement request to ROO,at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30. Sponsors must refer to current ROO policies and procedures
regarding reimbursement requirements
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SECTION 21. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this agreement are limited to grants approved by
the SRFB and must comply with SRFB policy. See WAG 420-12-060(5),
SECTION 22. RECOVERY OF PAYMENTS
In the event that the sponsor fails to expend funds under this agreement in accordance with state and federal laws,and/or the
provisions of the agreement,RCO reserves the right to recover grant award funds in the amount equivalent to the extent of
noncompliance in addition to any other remedies available at law or in equity.
The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the agreement.Repayment by the
sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO.Interest shall accrue at the rate of
twelve percent(12%)per annum from the time that payment becomes due and owing.
SECTION 23. COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this agreement on an
agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or bona fide
established agents maintained by the sponsor for the purpose of securing business.RCO shall have the right,in the event of breach
of this clause by the sponsor,to terminate this agreement without liability or,in its discretion,to deduct from the agreement grant
amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee.
SECTION 24, PROVISIONS APPLYING TO DEVELOPMENTIRESTORATION PROJECTS
The following provisions shall be in force only if the project described in this agreement is for development/restoration.of land or
facilities for outdoor recreation,habitat conservation,or salmon recovery:
A. Document Review and Approval.The sponsor agrees to submit one copy of all development/restoration or construction plans and 'I
specifications to RCO for review.Review and approval by RCO will be for compliance with the terms of this agreement.
B. Contracts for Development or Restoration.Sponsor shall award all contracts for construction,development or restoration using
whatever method is appropriate and required for the sponsor.
C. Contract Change Order.Only change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive prior written approval.
D. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(land owner agreement,long term
lease agreement,easement,or fee simple ownership)for the land proposed for development or restoration. The documentation
must meet current RCO requirements.
E, Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall
insert the following nondiscrimination clause in each contract for construction of this project:
"During the performance of this contract the contractor agrees to comply with all
federal and state nondiscrimination laws,regulations and policies."
i
F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of
the Washington State Aquatic Habitat Guidelines(AHG)Program.The best management practices are described in three
documents:"Stream Habitat Restoration Guidelines:Final Draft",2004;"Design of Road Culverts for Fish Passage',2003:and
"Integrated Streambank Protection Guidelines",2002-These documents and other information can be found on the AHG website.
SECTION 26. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The followingprovisions shall be in force only if the project described in this agreement is for the acquisition of interest in real property
P Y� P 1 9 cq P P Y I
(Including easements)for outdoor recreation,habitat conservation,or salmon recovery purposes:
A. Evidence of Land Value.Before disbursement of funds by RCO as provided under this agreement,the sponsor agrees to supply
evidence to RCO that the cost of the property rights acquired has been established according to funding board policy.
B. Evidence of Title.The sponsor agrees to show the type of ownership interest for the properly that has been acquired.This shall -
be done before any payment of financial assistance.
C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding
assistance provided through this project agreement(and protected by a recorded conveyance of rights to the State of
Washington)shall be incorporated into the agreement before final payment.
i
D. Conveyance of Rights to the State of Washington.Document securing long-term rights for the State of Washington. When real
property dghts(both fee simple and lesser interests)are acquired,the sponsor agrees to execute an appropriate document
conveying certain rights and responsibilities to RCO,on behalf of the State of Washington. These documents include a Deed of
Right,Assignment of Rights,Easements and Leases. The sponsor agrees to use document language provided by RCO,to
record the executed document in the County where the real property lies,and to provide a copy of the recorded document to
RCO.The document required will vary depending on the project type,the real property rights being acquired and whether or not
those rights are being acquired In perpetuity.
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1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or
use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
sponsor has acquired a perpetual easement for public purposes.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to _.
RCO. Sponsors shall use this document when an easement or[easels being acquired for habitat conservation or salmon
recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document.
3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will
depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease.
E, Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform '..
Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat.1894(1970)--Public Law 91-646,as
amended by the Surface Transportation and Uniform Relocation Assistance Act,PL 100-17-1987,and applicable '..
regulations and procedures of the federal agency implementing that Act.
2. When state funds are part of this agreement,the sponsor,if required by law,agrees to comply with the terms and conditions
of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8.26.010
RCW,and Chapter 468-100 WAC.
3. Housing and Relocation.In the event that housing and relocation costs,as required by federal law set out in subsection(1)
above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to
provide any housing and relocation assistance required.
F. Buildings and Structures. In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery.
Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 10-
Archaeological and Cultural Resources before structures are removed or demolished.
O. Archaeological and Cultural Resources. The sponsor agrees that any real property interests acquired under this agreement,if to
be developed in the future,is subject to section 10(Archaeological and Cultural Resources)prior to any ground disturbing
activity.
I
SECTION 26. RESTRICTION ON CONVERSION OF REAL PROPERTYAND/OR FACILITIES TO OTHER USES
The sponsor shall not at any time convert any real property or facility acquired,developed,and/or restored pursuant to this agreement
to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with
applicable statutes,rules,and funding board policies. It is the intent of the funding board's conversion policy,current or as amended
in the future,that all real property or facilities acquired,developed and/or restored with funding assistance remain in the public domain
in perpetuity unless otherwise identified in the agreement or as approved by the funding board.
When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established fundingi
board policies. li
A. A conversion occurs when one or more of the following has taken place,whether affecting an entire site or any portion of a site
funded by the funding boards.
1. Conveyance.Property interests are conveyed for purposes inconsistent with the original grant request..
2. Conveyance to Ineligible Third Party. Property interests are conveyed to a third party not otherwise eligible to receive grants '...
in the program from which funding was derived.
3. Non-eligible Uses. A use occurs that Is Inconsistent with the original grant request.
4. Non-eligible Facilities.Non-eligible facilities are developed within the project area.
5. Termination of Public Use. When public use,as described in the original grant request,is temporarily or permanently
terminated or excluded.
6. Environmental Functions. For habitat projects,if the property acquired,restored or enhanced no longer provides the
environmental functions forwhich funding board grants were originally approved.
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B. Changing a project's elements and items. When approved by the funding board or director,certain elements and items may be
deleted from the agreement without being considered a conversion. In the following instances the board may authorize changes
without invoking the requirement to replace the elements and items.Such deletions are allowed when the funding board or
director determines that the elements and items are not needed or cannot be retained due to one or more of the following
conditions:
1. Obsolescence
2. Extraordinary vandalism
3. Acts of Nature
4. Designed life expectancy reached -
5. Fire
6. Permit requirements that disallow specific elements
7. Reversion Order(National Trails System Act 8(d), 16 U.S.C.§1247(d);WA 286-27-060(2)).
SECTION 27. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS
Sponsors must ensure that properties or facilities assisted with funding board funds,including undeveloped sites,are built,operated,
used,and maintained:
A. According to applicable federal,state, and local laws and regulations,Including public health standards and building codes.
B. In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws,regulations and policies.
Facilities open to the public must:
A. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes,Uniform
Federal Accessibility Standards,guidelines,or rules,including but not limited to:the International Building Code,the Americans
with Disabilities Act,and the Architectural Barriers Act,as updated.
B. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods.
C. Be available for use at reasonable hours and times of the year,according to the type of area or facility.
SECTION 28. INCOME AND INCOME USE '
A. Income. ,,'.,
1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the '.....
funding source and the agreement.
2. Fees.User and/or other fees may be charged In connection with land acquired or facilities developed with funding boar
grants if the fees are consistent with the:
(a) Value of any service(s)furnished;
(b) Value of any opportunities furnished;and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)forwhich a
facility/range fee must not be charged(Chapter 79A.25.210 RCW). !,I
B. Income use.Regardless of whether income or fees in a project work site(including entrance,utility corridor permit,cattle grazing,
timber harvesting,farming,etc.)are gained during or after the reimbursement period cited in the agreement,unless precluded by
slate orfederal law,the revenue may only be used to offset:
1. The sponsor's matching funds;
2. The project's total cost;
3. The expense of operation,maintenance,stewardship,monitoring,and/or repair of the facility or program assisted by the
funding board grant;
4. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's
system;and/or
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5. Capital expenses for similar acquisition and/or development.
SECTION 29. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential
reservation,membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained
on the basis of residence.Even so,the funding board discourages the imposition of differential fees.Fees for nonresidents must not
exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident
fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities.
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SECTION 30, PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS
A corporate sponsor,including any nonprofit sponsor,shall:
A. Maintain corporate status with the state,including registering with the Washington Secretary of Slate's office,throughout the
sponsors obligation to the project as identified in the agreement.
B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree in writing to assume any on-going project responsibilities.A qualified successor is any party eligible to apply for funds in
the subject grant program and capable of complying with the terms and conditions of this agreement.RCO will process an
amendment transferring the sponsor's obligation to the qualified successor if requirements are met.
C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only).
SECTION 31. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS
A. The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,to liability
insurance it may currently carry,or shall procure a new policy of liability insurance,in a total coverage amount the sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or suffer
damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of that
facility;provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person.
B. The liability insurance policy,including any endorsement or addition,shall name Washington State,the funding board,and RCO
as additional insured and shall be in a form approved by the funding board or director,
C. The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be
kept in force throughout the sponsors obligation to the project as identified in this agreement.
D. The policy,as modified by any endorsement or other addition,shall provide that the issuing company shall give written notice to
RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10)
calendar days following any termination of the policy by the sponsor.
E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal,slate,or municipal government
which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or
activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that
program or policy as a part of its application to the funding board.
F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury,
or damage to property which that person may suffer while present at.or in the vicinity of,the facility to which this grant relates.
Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or
others,for any and all remedies that may be available by law.
SECTION 32. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the project has been approved by the National Park Service,US Department of the Interior,for funding assistance from the federal
Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF State Assistance Program
Federal Financial Assistance Manual are also made part of this agreement. The sponsor shall abide by these LWCF General III
Provisions as they now exist or are hereafter amended. Further,the sponsor agrees to provide RCO with reports or documents
needed to meet the requirements of the LWCF General Provisions.
SECTION 33. FARMLAND PRESERVATION ACCOUNT
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections
will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement.
• Section 8-Acknowledgement and Signs,
• Section 11-Hazardous Substances,
• Section 17-Stewardship and Monitoring
• Section 26-Restriction on Conversion of Real Property andlor Facilities to Other Uses,and
• Section 25-Provisions Applying to Acquisition Projects Sub-sections D,E,F and G.
SECTION 34. ORDER OF PRECEDENCE
This agreement Is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of
the agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this agreement,or
between its terms and any applicable statute,rule,or policy or procedure,the Inconsistency shall be resolved by giving precedence in
the following order:
i
A. Applicable federal and/or state statutes,regulations,policies and procedures including RCO/funding board policies and
procedures, applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders;
B. Project agreement including attachments;
C. Special Conditions;
D. Standard Terms and Conditions of the Project Agreement.
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SECTION 35. AMENDMENTS
hall not be binding unless they are in
This agreement may be amended by mutual agreement of the parties only.Such amendments s
writing and signed by personnel authorized to bind each of the parties. Period of performance extensions and minor scope
adjustments need only be signed by RCO's director or designee.
SECTION 36. LIMITATION OF AUTHORITY
Only RCO or RCO's delegate by writing(delegation to,be made prior to action)shall have the express,implied,or apparent authority
to alter,amend,modify,or waive any clause or condition of this agreement.Furthermore,any alteration,amendment,modification,or
waiver of any clause or condition of this agreement is not effective or binding unless made in writing and signed by RCO.
SECTION 37. WAIVER OF DEFAULT of the
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision modification of
agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be
the terms of the agreement unless stated to be such In writing,signed by the director,or the director's designee,and attached to the
original agreement.
SECTION 38. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH
The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for,and scope
of,funding grants.Any misrepresentation,error or Inaccuracy In any part of the application may be deemed a breach of this
agreement.
SECTION 39. TERMINATION AND OTHER REMEDIES
The funding board and RCO will require strict compliance by the sponsor with all the terms of this agreement including,but not limited
to,the requirements of the applicable statutes,rules and all funding board and RCO policies,and with the representations of the
sponsor in its application for a grant as finally approved by the funding board.
The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this agreement:
A. In the event of any breach by the sponsor of any of the sponsor's obligations under this agreement;or
B. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the
completion date set out in this agreement. Included in progress is adherence to milestones and other defined deadlines.
In the event this agreement is terminated by the funding board or director,under this section or any other section after any portion of j
the grant amount has been paid to the sponsor under this agreement,the funding board or director may require that any amount paid
be repaid to RCO for redeposit into the account from which the funds were derived.
The funding board and RCO may enforce this agreement by the remedy of specific performance,which usually will mean completion
of the project as described in this agreement.However,the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO.No remedy available to the funding board or RCO shall be deemed exclusive.The funding board or RCO may elect
to exercise any,a combination of,or all of the remedies available to it under this agreement,or under any provision of law,common
law,or equity.
SECTION 49. NON-AVAILABILITY OF FUNDS
If amounts sufficient to fund the grant made under this agreement are not appropriated by the Washington State Legislature,or if
such funds are not allocated by the Washington State Office of Financial Management(OFM)to RCO for expenditure for this
agreement in any biennial fiscal period,RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until _
the necessary action by the Legislature or OFM occurs.If RCO participation is suspended under this section for a continuous period
of one year,RCO's obligation to provide any future funding under this agreement shall terminate.Termination of the agreement under
this section is not subject to appeal by the sponsor.
SECTION 41. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this agreement,RCO may,by ten(10)days written notice,beginning on the second day after the
mailing,terminate this agreement,in whole or in part.if this agreement is so terminated,RCO shall be liable only for payment
required under the terms of this agreement for services rendered or goods delivered prior to the effective date of termination.
Outdoor Recreation Account
WWRP Project Agreement-RCO#08-1354A -
Page 12 of 13 I,
Chapter79A,15_RCW,.Chapter 286.WAG
PROJAGR.RPT
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SECTION 42. DISPUTE HEARING
Except as may otherwise be provided in this agreement,when a dispute arises between the sponsor and the funding board,which
cannot be resolved,either party may request a dispute hearing according to the process set out In this section.Either party's request l
for a dispute hearing must be in writing and clearly state:A. The disputed issues;
B. The relative positions of the parties; '...
C. The sponsor's name,address,project title,and the assigned project number.
In orderfor this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the
procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons
consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons
initially appointed. If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair.
Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the
nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree.The
disputes panel shall be governed by the provisions of this agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the
authority of either or both parties to perform,as necessary,or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be
delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other
party which it wishes to dispute.The written agreement to use the process under this section for resolution of those issues shall be j
delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 43. ATTORNEYS'FEES
In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs.
SECTION 44. GOVERNING LAWNENUE
This agreement shall be construed and interpreted in accordance with the laws of the State of Washington.In the event of a lawsuit
involving this agreement,venue shall be proper only in Thurston County Superior Court.The sponsor,by execution of this agreement
acknowledges the jurisdiction of the courts of the State of Washington.
In the cases where this agreement is between the funding board and a federally recognized Indian Tribe,the following governing
law/venue applies: _
A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian Tribe arising out of or
relating to the performance,breach or enforcement of this agreement In Federal Court.Interpretation shall be according to the
law of the State of Washington.In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve
the dispute between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court,but the
parties agree that the matter shall not be pursued in superior court unless there is a Federal Court determination that it lacks
subject matter jurisdiction.
B. Any judicial award,determination,order,decree or other relief,whether In law or equity or otherwise,resulting from the action
shall be binding and enforceable on the parties. Any money judgment or award against a Tribe,tribal officers and members,or
the State of Washington and its officers and employees may exceed the amount provided for in Section F-Project Funding of the
Agreement in order to satisfy the judgment.
C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section,and to the implementation of any
judgment. This waiver is only for the benefit of the Tribe and State and shall not be enforceable by any third party or by any
assignee or delegate of the parties.In any enforcement action,the parties shall bear their own enforcement costs,including
attorneys'fees.
SECTION 46. SEVERABILITY
The provisions of this agreement are intended to be severable.If any term or provision is illegal or invalid for any reason whatsoever,
such illegality or invalidity shall not affect the validity of the remainder of the agreement.
WWRP Project Agreement-RCO#08-1354A Outdoor Recreation Account
Chapter 79A.15 RCW,Chapter 286 WAC. _.. _9 —
PROJAGR.RPT Pa a 13 of 13 dill
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Washington Wildlife and Recreation Program
Water Access Category
Post-Evaluation Project Summary
TITLE: Matinjussi Panther Lake Acquisition NUMBER: 08-1354A (Acquisition)
STATUS: Director Approved
SPONSOR: Kent Parks, Reo&Comm Sery EVALUATION SCORE: 42.6250 _
BOARD RANKING:
COSTS: SPONSOR MATCH:
WWRP-Water Access $536.115 50% Cash Donations
Local $537.618 50% Grant-Local j
Total $1,073,733 100%
DESCRIPTION:
This project will fund the acquisition of four parcels of land totaling 6.62 acres near Panther Lake,located in unincorporated
King County. The Matinjussi property is a 5,62 acre parcel that has 450 feet of shoreline on Panther Lake. The remaining
three parcels make up the one acre Van Dyke property which has 150 feet of street frontage. The houses on the Van Dyke
properties will be demolished,the Matinjussi house may be saved and used as a maintenance facility and public restroom.
LOCATION INFORMATION:
Near Kent in unincorporated King County
COUNTY: King
SCOPE(ELEMENTS):
Administrative costs Allowable land costs Incidentals
ANTICIPATED ACREAGE:
Acres To Acres To Acres To
ACREAGE TYPE Be Acquired Be Dev/Restored Be Renovated
Riparian lands 2.00
Uplands 3.62
Wetlands 1,00
II
FISCAL YEAR: 2010 DATE PRINTED: December 4, 2009
I
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1PAPSUMI.RPT Matinjussi Panther Lake Acquisition
20'
Eligible Reimbursement Activities Report
Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 08.1354 A
Project Title: Matinjussi Panther Lake Acquisition Approval: 11/20/2009 i-
Acquisition Items:
Worksite Property _ _, Element Item
#1,Matinjussl Property Matinjussi Administrative costs Administrative costs
91,Matinjussi Property Matinjussl Allowable land costs Land
91,MatinJussi Property Matinjussl Incidentals Applicable taxes
#1,Matinjussi Property Matinjussi Incidentals Appraisal and review
#1,Matinjussi Property Matinjussi Incidentals Closing j
#1,Matinjussi Property Matinjussi Incidentals Demolition
#1,Matinjussi Property Matinjussi Incidentals Fencing
#1,MatmIussi Property Matinjussl Incidentals Hazardous substances assess
#1,Matinjussi Property Matinjussi Incidentals Noxious weed control
#1,Matinjussi Property Matinjussi Incidentals Title reportslinsurance
#2,VanDyke Property Van Dyke Property Administrative costs Administrative costs
#2,VanDyke Property Van Dyke Property Allowable land costs Land
#2,VanDyka Property Van Dyke Property Incidentals Applicable taxes
#2,VanDyke Property Van Dyke Property Incidentals Appraisal and review
#2,VanDyke Property Van Dyke Property Incidentals Closing
#2,VanDyke Property Van Dyke Properly Incidentals Demolition
#2,VanDyke Property Van Dyke Property Incidentals Fencing
#2,VanDyke Property Van Dyke Property Incidentals Hazardous substances assess
#2,VanDyke Property Van Dyke Property Incidentals Noxious weed control
#2,VanDyke Property Van Dyke Property Incidentals Title reports/insurance
I
ELIGREIM.RPT. - December 4,2009 - - -...... Page: 1
21
Legal Description
Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 08-1354 A1�,
Project Title: Matinjussi Panther Lake Acquisition IACApproval: 11/20/2009
Worksite Name
Property Name ',
Legal Description
Worksite#1 Matinjuss!Property
Matinjussi
The legal description of the real property purchased with funding assistance provided through this Project Agreement(and
protected by a recorded Deed-of-Right)shall be amended into the Project Agreement prior to reimbursement of the final
payment.
Worksite#2 VanDyke Property
Van Dyke Property
The legal description of the real property purchased with funding assistance provided through this Project Agreement(and
protected by a recorded Deed-of-Right)shall be amended into the Project Agreement prior to reimbursement of the final
payment.
till
--- LEGALDSC.RPT -. -._ .. December 4,20g9 . -. __..-. Page _.. ',...
zz
Milestone Report By Project
Project Number: 08-1354 A
Project Name: Matinjussi Panther Lake Acquisition
Sponsor: Kent Parks, Rao&Comm Sery
Project Manager: Laura Moxham
r r•
X I Cultural Resources Completed 06/11/2009
Project Start 1210712009
! Order Appraisal/Review 01/15/2010
I Purchase Agreement Signed 0 3/1 512 01 0
Environmental Assess Complete 04/30/2010
I Acquisition Closing 0 610 2/20 1 0
Recorded Documents to Mgmt Agy 06/30/2010
Fencing Complete 07/15/2010
Noxious Weed Control Complete 07/15/2010
I Progress Report Submitted 07/30/2010
I Annual Project Billing 0 7/3112 0 1 0
Demolition Complete 08/01/2010 '..
Proposed Completion Date 09/01/2010
I Progress Report Submitted 01/14/2011
i Project Complete 04/2912011
Final Docs/Billing to Mgmt Agy 06/30/2011
I Progress Report Submitted 06/30/2011 Final Report
X=Milestone Complete
!=Critical Milestone
I
1MILESTO.RPT -- - —- -- -- December 04,2009 -- Pager -- 1 -
23
FIRE ADMINISTRATION
Jim Schneider
Fire Chief/Director of Emergency Management
KE 0 T 24611 116" Ave. SE
WA z„,N O T ON Kent, WA 98030
Fax: 253-856-6300
PHONE: 253-856-4300
January 5, 2010
To: Operations Committee
From: Jim Schneider, Fire Chief
MOTION: Recommend Council adopt the proposed resolution submitting to
voters at a special election on April 27, 2010, a proposition to
create the Kent Fire Department Regional Fire Service Authority,
effective July 1, 2010.
SUMMARY:
Since 1973, the City of Kent Fire Department ("the City") and King County Fire
Protection District No. 37 ("the District") have had a cooperative partnership, which
has provided that the City and the District would remain separate entities, but would
work together cooperatively. In 2007, the City and the District formed a Stakeholder
Committee to evaluate the feasibility of creating a new and separate Regional Fire
Authority to provide fire protection and emergency services within the boundaries of
the City and the District. The Stakeholder Committee members included
representatives from the City, the District, the City of Covington, the union, and the
community. After nine-months of consideration, the Stakeholder Committee
recommended the creation of the Kent Fire Department Regional Fire Service Authority
("Authority"), and formed a Planning Committee to accomplish that task.
The Planning Committee created a Plan to govern and finance the Authority. This Plan
was adopted by the District on November 16, 2009, and the City on December 8,
2009. Chapter 52.26 of the Revised Code of Washington requires that in order for the
Authority to officially form, voters within the service boundaries of the Authority must
approve of the Plan. In addition, if the Authority is to assess a special benefit charge,
the Plan must be approved by a 60% majority vote. If approved by Council, this
resolution would place the Plan and formation of the Authority before voters at a
special election to be held on April 27, 2010. If voters approve of the formation of the
Authority, the Authority will exist starting July 1, 2010.
EXHIBITS: (1) Kent Fire Department Regional Fire Service Authority Ballot
Proposition and Authorization - Resolution
(2) Exhibit A to Resolution - Regional Fire Authority Plan
BUDGET IMPACT: Identified in 2010 City of Kent and King County Fire District 37
budgets - the election costs will be shared.
P:\Civil\Motions-Bl ueSheets\I giona I MNv%uthodtySu bmitVoters-Modon Sheetdoc
City of Kent Fire Department- Internationally Accredited Fire Agency
24
JOINT RESOLUTION NO.
A JOINT RESOLUTION of the City Council
of the City of Kent, Washington, and the Board of
Commissioners of King County Fire Protection
District No. 37, providing for the submission to
qualified electors of the City and the District, at a
special election to be held on April 27, 2010, of a
proposition that, pursuant to Chapter 52.26 of the
Revised Code of Washington, approves a plan to
form a Regional Fire Protection Service Authority
within the boundaries of the City and the District,
effective July 1, 2010, to be funded by a property
tax levy and a new six-year benefit charge.
RECITALS
A. The ability to respond to emergency situations by fire
protection and emergency medical service agencies has not kept up or
progressed with community needs and special service demands. Providing
an effective fire protection and emergency medical service system requires
a collaborative partnership and responsibility among local and regional
governments and the private sector.
B. There are efficiencies that can be gained by regional fire
protection and emergency medical service delivery, while maintaining local
control. Timely development of significant projects can best be achieved
by using existing taxing authority to address fire protection and emergency
1 REGIONAL FIRE AUTHORITY-
SUBMIT FORMATION TO VOTERS
25
service needs, with new benefit charging authority to address critical fire
protection projects and emergency services.
C. The City of Kent Fire Department ("the City") and King County
Fire Protection District No. 37 ("the District") have had a cooperative
partnership, striving to provide the highest level of fire and emergency
medical services to their citizens within the confines of available resources.
This cooperative partnership began with an interlocal agreement in 1973,
which provided that the City and the District would remain separate
entities, but would work together cooperatively.
D. In 2007, the City and the District formed a Stakeholder
Committee to evaluate the feasibility of creating a new and separate
Regional Fire Authority to provide the fire protection and emergency
services within the boundaries of the City and the District. The members
of the Stakeholder Committee included citizens of the City, the District, and
the City of Covington; union representatives of International Association of
Firefighters Local 1747; business owners in the City, the District, and
Covington; and elected officials of the City, the District, and the City of
Covington. In 2008, over a nine-month period, the Stakeholder Committee
met and completed a report recommending the creation of a Regional Fire
Protection Service Authority as permitted by Chapter 52.26 of the Revised
Code of Washington ("RCW"), to serve the City, the District, and the City of
Covington, and a Planning Committee was formed to accomplish this task.
E. The Planning Committee met and prepared a Plan to create
the "Kent Fire Department Regional Fire Authority," and to govern and
finance its operation. The Plan was approved by the City on December 8,
2009, and the District on November 16, 2009, and is formally adopted by
each entity pursuant to this Joint Resolution. Copies of the Plan are
available from the administrative offices of the City and the District.
2 REGIONAL FIRE AUTHORITY-
SUBMIT FORMATION TO VOTERS
26
F. Authority to form a Regional Fire Protection Service Authority
is authorized by Chapter 52.26 RCW. Chapter 52.26 RCW requires that in
order to create a Regional Fire Protection Service Authority, the Plan must
be approved by the voters of the area affected by the Plan. Therefore, in
accordance with the Plan and state law, it is appropriate to place before
voters within the proposed service boundaries of the Regional Fire
Protection Services Authority, at a special election to be held on April 27,
2010, calling for the creation of the Kent Fire Department Regional Fire
Authority, to be funded by a new six-year benefit charge and existing
property tax levy, and the approval of the Plan, all in accordance with state
law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, AND THE BOARD OF COMMISSIONERS OF KING COUNTY
FIRE PROTECTION DISTRICT NO. 37, DO HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Adoption of Plan for Kent Fire Department Regional
Fire Authority. The City Council of the City of Kent and the Board of
Commissioners of King County Fire Protection District No. 37 hereby
formally adopt the Plan of the Kent Fire Department Regional Fire
Authority, a true and correct copy of which is attached as Exhibit A and
incorporated by this reference.
SECTION 2. - Findings of Kent City Council and King County Fire
Protection District No. 37. The City Council of the City of Kent Washington
and the Board of Commissioners of King County Fire Protection District No.
37 hereby find that it is in the best interests of the City and the District to
submit to the qualified electors of the City and the District at a special
election to be held on April 27, 2010, a proposition to adopt the Plan that
3 REGIONAL FIRE AUTHORITY-
SUBMIT FORMATION TO VOTERS
v
creates the Kent Fire Department Regional Fire Authority, which if approved
will be funded by a six year benefit charge not to exceed sixty percent of
the Authority's operating budget, and a property tax not to exceed $1.00
per thousand of assessed value during such time as the benefit charge is
collected, and not to exceed $1.50 per thousand of assessed value if the
benefit charge is not being collected. If approved by sixty percent of the
voters within the boundaries of the authority voting on the ballot
proposition in accordance with RCW 52.26.060, this proposition would
create a regional fire protection service authority as provided in chapter
52.26 RCW called the "Kent Fire Department Regional Fire Authority," with
boundaries coextensive with the boundaries of the City of Kent and King
County Fire Protection District No. 37, effective July 1, 2010.
SECTION 3. - Proposition for Voter Submittal. There shall be
submitted to the qualified electors of the District and the City for their
ratification or rejection, at a special election on April 27, 2010, the question
of whether or not the Kent Fire Department Regional Fire Authority should
be created in accordance with the Plan and funded with a six year benefit
charge and property tax levy. The Board of Commissioners of King County
Fire Protection District No. 37 and the City Council of the City of Kent
hereby requests the auditor of King County, as ex-officio Supervisor of
Elections to call such election and to submit the following proposition at
such election, in the form of a ballot title substantially as follows:
PROPOSITION NO. 1
The City of Kent and King County Fire Protection District No. 37
have adopted a Joint Resolution approving the Kent Fire
Department Regional Fire Authority Plan ("Plan") to create the
Kent Fire Department Regional Fire Authority ("Authority") with
an effective date of July 1, 2010.
If approved, this proposition would create the Authority, in
accordance with the Plan, to provide fire protection and
emergency medical services in the City and the District. The
4 REGIONAL FIRE AUTHORITY-
SUBMIT FORMATION TO VOTERS
28
Authority will be funded by a six-year fire benefit charge (not to
exceed 60% of the operating budget) and a property tax (not to
exceed $1.00 per $1,000 of assessed value). This funding would
replace the District's existing property tax rate of $1.50 per
$1,000 of assessed value, and would reduce Kent's property tax
capacity by the tax rate collected by the Authority.
Should the Plan to create a Regional Fire Protection Service
Authority be approved?
YES [ ]
NO [ ]
SECTION 4. - Authorize Contlnued Acts of Regional Fire Authority
Planning Committee. The City Council of the City of Kent Washington and
the Board of Commissioners of King County Fire Protection District No. 37
hereby authorize the Regional Fire Authority Planning Committee to
continue operating on an as needed basis until the effective date of the
Authority. The Regional Fire Authority Planning Committee shall be
considered the governing board for the purposes of RCW 52.26.230 and
shall be responsible for conducting a public hearing on the benefit charge
consistent with the requirements of RCW 52.26.230. The Planning Formatted:Font:dDefauluverdana,11pt,
No underline
Committee shall function as the governing board for the purposes of
carrying out the requirements of Chapter 52.26 RCW until such time as a
new governing board is established on July 1, 2010, pursuant to the Plan,. Formatted:Font:(Defaulu verdana,11 Pt
SECTION 5. - Pro and Con Committee Appointments. The Kent City
Council and the King County Fire Protection District No. 37 Board of
Commissioners hereby assign to the Regional Fire Authority Planning
Committee the task of appointing members to a committee to advocate
voters' approval of the proposition and to a committee to prepare
arguments advocating voters'rejection of the proposition.
SECTION 6. - Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
5 REGIONAL FIRE AUTHORITY-
SUBMIT FORMATION TO VOTERS
29
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 7. - Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTIONS. - Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this day of , 200 .
CONCURRED in by the Mayor of the City of Kent this day of
, 200 .
ADOPTED by the Board of Commissioners of King County Fire
Protection District No. 37, King County, Washington, at a regular open public
meeting of such Board on the day of 20 , the
below commissioners being present and voting.
SUZETTE COOKE, MAYOR COMMISSIONER
COMMISSIONER
COMMISSIONER
6 REGIONAL FIRE AUTHORITY-
SUBMIT FORMATION TO VOTERS
30
ATTEST:
BRENDA JACOBER, CITY CLERK KCFPD NO. 37 SECRETARY
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY BRIAN SNURE, KCFPD NO. 37 ATTY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the
day of 1200.
BRENDA JACOBER, CITY CLERK
v.\nwWesnwton\aegionalFo-eAumonry-submitFormaeonvoters.eoc
7 REGIONAL FIRE AUTHORITY-
SUBMIT FORMATION TO VOTERS
31
EXHIBIT A
Kent Fire Department Regional Fire Authority Plan
32
EXHIBIT A
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"SERVING THE ITI F KENT,
33
34
TABLE OF CONTENTS
Page
Acknowledgement..........................................................................5
Strategic Opportunity .....................................................................7
Section 1: Needs Statement............................................................9
Section 2: Definitions .....................................................................11
Section 3: Formation Authority ........................................................13
Section 4: Jurisdictional Boundaries .................................................15
Section 5: Governance ...................................................................19
Section 6: Organizational Structure/Operations .................................21
Section 7: Financial ........................................................................23
Section 8: Administrative/Management/Personnel Components ...........27
Section 9: Fire Prevention, Public Education Services, Emergency
Management and Fire Investigation Unit ............................31
Appendix A - Jurisdictional Boundaries .............................................35
Appendix B - Fire Benefit Charge .....................................................37
Appendix C - Organizational Structure..............................................41
Appendix D - Asset Transfer ...........................................................43
35
PAGE LEFT INTENTIONALLY BLANK
36
KENTFIST 39,
W.exlxaiax
ACKNOWLEDGEMENT
Recognizing the challenges and opportunities that all fire jurisdictions are
facing, the City of Kent and King County Fire District 37, through a partnership of
many years, agreed in 2006, to explore the different options available in
operating and funding the Kent Fire Department.
In February 2008, the City of Kent and King County Fire District 37 Regional Fire
Protection Stakeholders Report, recommended that the City and Fire District develop a
Regional Fire Authority (RFA) Plan. Through the efforts, dedication and professional
commitment of the individuals acknowledged, we have completed the RFA Plan.
On behalf of the City of Kent, King County Fire District 37, and all Kent Fire
Department personnel, I want to thank everyone who participated in creating
the future vision of our organization that will ultimately provide the citizens
we serve and protect an enhanced opportunity to determine the level of
service they desire.
Your efforts are recognized and very much appreciated.
Jim Schneider
Regional Fire Authority Planning Regional Fire Authority Steering
Committee Members: Committee Members:
Debbie Raplee, Kent City Council Ken Weatherill, Deputy Chief
Tim Clark, Kent City Council Pat Pawlak, Division Chief
Ron Harmon, Kent City Council Jon Napier, Division Chief
Allan Barrie, Fire District 37 Greg Markley, Battalion Chief
Mike Denbo, Fire District 37 Eric Tomlinson, Battalion Chief
Margaret Harto, City of Covington Kevin Garling, Battalion Chief
Brian Snure, Fire District Attorney Larry Rabel, Captain
Dr. Robert McKenzie, CEO, CSI Mark Jones, Captain
Greg Markley, Battalion Chief Chris Martin, Captain
Mark Jones, Captain, Union President Dave Woelber, Captain
Larry Rabel, Captain John Lytle, Captain
Deanna Gratzer, District Secretary Martin Oliver, Firefighter
Jim Schneider, Fire Chief Margaret Martin, Executive Assistant
Deanna Gratzer, District Secretary
Jim Schneider, Fire Chief
u 5
37
RFA Communications Plan Committee: RFA Finance Committee:
Ken Weatherill, Deputy Chief Pat Pawlak, Division Chief
Lynn Heesen, Battalion Chief Jon Napier, Division Chief
Eric Tomlinson, Battalion Chief Greg Markley, Battalion Chief
Kraig Peiguss, Captain Kevin Garling, Battalion Chief
Kyle Ohashi, Captain Mark Jones, Captain
Bud Sizemore, Firefighter Chris Martin, Captain
John Robbins, Firefighter Dave Woelber, Captain
Don Barberie, Firefighter John Lytle, Captain
Deanna Gratzer, District Secretary Martin Oliver, Firefighter
Jim Schneider, Fire Chief Margaret Martin, Executive Assistant
City of Kent: Fire Department Planning Unit:
Suzette Cooke, Mayor Larry Rabel, Captain
John Hodgson, CAO Randy Droppert, Data Integr. Coord.
Elizabeth Albertson, Councilperson Mark Thompson, Tech. Integr. Coord.
Tim Clark, Councilperson Jackie Yip, Senior Systems Analyst
Jamie Danielson, Councilperson
Ron Harmon, Councilperson Fire Administration:
Deborah Ranniger, Councilperson
Debbie Raplee, Council President Margaret Martin, Executive Assistant
Les Thomas, Councilperson Deanna Gratzer, District Secretary
Robert Nachlinger, Finance Director Jane Ogren, Administrative Assistant
Sue Viseth, Director Employee Services Elizabeth Kingery, Admin Secretary
Becky Fowler, Employee Services Jennifer Bilodeau, Admin Secretary
Robert Goehring, Finance Kristine Hauer, Admin Support
Bonnie Fell, Finance
Kathleen Etheredge, Finance Fire District 37:
Paula Barry, Finance
Mike Carrington, Info. Technology Director Pat Riordan, Commissioner
Curt Ryser, Information Technology Bill Stewart, Commissioner
Paul Dunn, Information Technology Tom Sawyer, Commissioner
Tom Brubaker, City Attorney Allan Barrie, Commissioner
Pat Fitzpatrick, Deputy City Attorney Mike Denbo, Commissioner
Jeff Watling, Parks Director
Charlie Lindsey, Facilities
u 6
38
FIgF�"
MR
REGIONAL FIRE AUTHORITY
VISION
The Kent Fire Department is a community partner, providing effective and sustainable
fire and EMS services that maximize the resources entrusted to us to serve the needs
of a changing community.
STRATEGIC OPPORTUNITY
To strategically position the Kent Fire Department and King County Fire District #37,
which includes the City of Covington, in a cost effective partnership that provides the
community with effective and sustainable fire and EMS services.
• Effective fire and life saving EMS service is dependent on three components
o Fire Prevention
• Safe buildings reduce fire risk, life loss, and reduce the long term
cost of emergency response;
o Public Education
• Perfect emergency response is not possible, the public must be
empowered to reduce their own risk and provide time critical
actions prior to arrival of firefighters;
o Emergency Response
• Perfect prevention does not exist, emergency responders must
arrive prior to flashover in fire, and brain death in non-breathing
patients.
• The three legs of the fire service delivery system, fire prevention, public
education and emergency response can only be sustained with adequate funding
o Level of Service performance objectives provide the measure of adequate
service;
o Prevention, Education and Response resources must be balanced to meet
the Level of Service objective and assure the most cost effective delivery
of service;
o Adequate funding of the fire service delivery system is evidenced by its
ability to meet level of service performance objectives. (Appendix A)
MISSION
Professionally and compassionately helping people.
VALUES
Be Safe
Do Your Best
Serve With Integrity
Take Care of Each Other
7
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PAGE LEFT INTENTIONALLY BLANK
40
FIgF�"
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IKIFII41" IF:IRIF IDEPAWI
1RIF :IONAII... IF:IRIF AIA"I"IHORI (RFA)
IPII...AIN
Section „III,„ Weeds Statement
Adolpt d„ 06....03....09 Revised: :I.2....08.09
1. The ability to respond to emergency situations by fire protection and
emergency medical services jurisdictions has not kept up or progressed with
the community's needs and special service demands;
2. Providing a fire protection and emergency medical service system requires a
collaborative partnership and responsibility among local and regional
governments and the private sector;
3. There are efficiencies to be gained by regional fire protection and emergency
medical service delivery, while maintaining local control; and
4. Timely development of significant projects can best be achieved through
enhanced funding options for regional fire protection, emergency services,
specialized rescue, hazardous material mitigation, using existing taxing
authority to address fire protection and emergency service needs, with new
authority to address critical fire protection projects and emergency services.
5. The City of Kent Fire and King County Fire Protection District 37 have had a
cooperative partnership, striving to provide the highest level of fire and
emergency medical services to our citizens within the confines of available
resources.
6. Cooperation and the partnership between the City of Kent Fire Department
and King County Fire District 37 began with an inter-local agreement in
1973, providing the legal structure for the entities to remain separate but
work cooperatively together.
7. In 2007, the City of Kent and King County Fire District 37 completed a
regional fire protection stakeholders report. The stakeholders involved in
that process consisted of citizens of the Cities of Kent and Covington and
unincorporated areas of King County Fire District 37 It included union
representatives of IAFF Local 1747, business owners in our communities, and
elected officials of the City of Kent, Covington and King County Fire District
37.
� 9 �V
41
8. In 2008, after a 9 month process, the Stakeholders Committee, through
consensus, selected and recommended that the City of Kent and King County
Fire District 37 create a plan for a new entity, referred to as a Regional Fire
Authority, as permitted by state law.
9. To streamline economies of scale, and diversify revenue options, the City of
Kent and King County Fire District 37 will be asking its citizens to consider
combining all functions and services provided by the two jurisdictions into a
single entity, called a Regional Fire Authority.
RFA Plan Revision:
1. The NEEDS STATEMENT section of The Kent Fire Department RFA Plan
is subject to amendment by a majority vote of the RFA Governance Board.
10
42
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REGIONAL. IF:IRIF AU11H RI (IRFA)
IPILAIN
Section „ Definitions
Adopted: 06....03....09 Revised: :I.2....08.09
The definitions in this section apply throughout the Regional Fire Protection
Service Plan, unless the context clearly requires otherwise.
1. "Board" or "Governing Board": Means the governing body of a regional
fire protection services authority.
2. "Participating Jurisdictions": Means the City of Kent and King County
Fire Protection District No. 37.
3. "Regional Fire Authority," "Kent Fire Department RFA" "RFA": Means
a municipal corporation, an independent taxing authority within the meaning
of Article VII, Section 1, of the Washington State Constitution, and a taxing
district within the meaning of Article VII, Section 2, of the Washington State
Constitution, whose boundaries are coextensive with the City of Kent and
King County Fire Protection District No. 37 that has been created by a vote of
the people under Revised Code of Washington 52.26 to implement a Regional
Fire Authority Plan.
4. "Regional Fire Authority Planning Committee" or "Planning
Committee": Means the advisory committee created under Revised Code of
Washington 52.26.030 to create and propose to participating jurisdictions a
Regional Fire Service Authority Plan.
5. "Regional Fire Authority Plan," "RFA Plan," "Kent Fire Department
RFA Plan" or "Plan": Means a plan to develop, govern and finance a
Regional Fire Authority, including, but not limited to, specific capital projects,
fire prevention services, fire suppression services, emergency medical services,
and services for the protection of life and property pursuant to Revised Code of
Washington 52.26.040, and the preservation and maintenance of existing or
future facilities and services.
43
RFA Plan Revision:
1. The DEFINITIONS section of The Kent Fire Department RFA Plan is
subject to amendment by a majority vote of the RFA Governance Board.
12
44
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VIP-
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IKIFII41" IF:IRIF IDIFIP WFIMIFII41"
REGIONAL. IF:IRIE AU11H RI (IRIF )
IPIL IN
Section 3::: IIF'orimatiion Authority
Adolpted: 06....03....09 Revised: :1.2....08.09
Reference:
1. Authority to form a Regional Fire Protection Services Authority between the
City of Kent and King County Fire District 37 (participating jurisdictions) is
authorized by Chapter 52.26 RCW.
2. The authority to form and operate a Planning Committee is provided by RCW
52.26.030 and 040.
3. The City of Kent and King County Fire District 37 Planning Committee
included three (3) members of the Kent City Council and three (3)
Commissioners of King County Fire District 37.
4. The Commissioners of King County Fire District 37 appointed an elected
official from the City of Covington to fill one of its positions because it was
the planning phase of the process, and because of the long term relationship
and partnership between the Fire District and the City of Covington. This
option was agreed to by both parties for the RFA Planning Committee process
only.
5. The mission and goal of the Planning Committee is to develop and present to
the elected officials of each participating jurisdiction, the Kent Fire
Department RFA Plan.
6. Upon development, approval and adoption of the Kent Fire Department RFA
Plan by the Planning Committee, the Plan shall be presented to each
participating jurisdiction's elected legislative body for approval and adoption
by resolution for placement of the RFA Plan on the ballot for consideration by
a vote of the people within the boundaries of the proposed RFA.
7. Upon approval of the RFA Plan by the elected legislative body of each
participating jurisdiction, the participating jurisdictions shall draft a joint
ballot title, give notice as required by law for ballot measures, and perform
13
45
other duties as required to put the Plan before the voters of the participating
jurisdictions for approval or rejection as a single ballot measure.
Activity and Operation:
1. The joint agreement between the City of Kent and King County Fire District
37 shall remain in force during the RFA planning period.
2. Should the Kent Fire Department RFA Plan be approved by 60% of the voters
of the participating jurisdictions, the Kent Fire Department Regional Fire
Authority shall be formed on, July 1, 2010, in accordance with RCW
52.26.070. If the Plan is not approved by 60% of the voters, then operations
relating to the services set forth herein shall remain unchanged.
3. Upon voter approval of the Plan, the City of Kent and King County Fire
District 37 shall continue to exist as Washington State Municipal
Corporations. The exclusive purpose of the continued existence of King
County Fire District 37 shall be to levy and collect taxes and/or other fire
district revenue to be transferred to the RFA until such time as the RFA
collects its own revenues and to provide representation to the newly formed
Kent Fire Department RFA Governance Board.
4. Upon voter approval of the Plan, it is the intent that the City of Kent and King
County Fire District 37 will cease to operate their own fire departments
effective July 1, 2010. At such time as King County Fire District 37 no longer
provides revenues or representative to the governance board it may be
dissolved in accordance with RCW 52.26.120.
RFA Plan Revision:
1. The formation authority section of the Kent Fire Department RFA Plan
is subject to amendment only by a revised Kent Fire Department Plan being
re-submitted to the electorate for approval.
14
46
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IPILAIN
Section „ Ju iri sdll tionall Boundairies
i
Adopted: 07....:1.15....09 Revised: :I.2....08.09
A. Reference:
1. The authority to define the jurisdictional boundaries of the Kent Fire
Department Fire Authority is provided by RCW 52.26.020(2).
B. Jurisdictional Boundaries on Formation of Kent Fire Department
Fire Authority:
1. If the adopted Kent Fire Department Fire Authority Plan is approved by the
voters, the jurisdictional boundaries of the Kent Fire Department Fire
Authority (RFA) shall be the current legal boundaries of the participating
jurisdictions, which boundaries are currently contiguous and are depicted on
the map attached hereto and marked as Appendix "A" of this plan.
C. Changes in Jurisdictional Boundaries After Formation of Kent Fire
Department Fire Authority:
1. Boundary Changes that do not require a RFA Plan amendment.
a. City of Kent annexations of areas included within the
boundaries of King County Fire Protection District No. 37.
Such annexations will not affect the RFA since the areas will already
be within the RFA boundaries. Pursuant to RCW 52.26.290 there
will be no required asset or employee transfers between the fire
district and the city.
b. City of Kent annexations of areas not included within King
County Fire Protection District No. 37. On the effective date of
such annexation, the territory annexed shall automatically be
included within the boundaries of the RFA pursuant to RCW
15
47
52.26.090. The territory added to the RFA by such annexation shall
be subject to the taxation, charges, and bonded indebtedness (if
approved as part of the annexation process) of the RFA. Any
transfer of assets or employees that occurs as a result of
annexation shall be between the transferring entity and the RFA.
C. King County Fire Protection District No. 37 annexations of
areas outside the boundaries of the RFA. On the effective date
of such annexation, the territory annexed shall automatically be
included within the boundaries of the RFA pursuant to RCW
52.26.090. The territory added to the RFA by such annexation shall
be subject to the taxation, charges, and bonded indebtedness (if
approved as part of the annexation process) of the RFA .
d. Partial merger of an area located in an adjacent fire
protection district into King County Fire Protection District
No. 37. On the effective date of such partial merger, the territory
merged into King County Fire Protection District No. 37 shall
automatically be included within the boundaries of the RFA. The
territory added to the RFA by such partial merger shall be subject
to the taxation, charges, and bonded indebtedness of the RFA in
the manner specified in chapter 52.06 RCW. Any transfer of assets
or employees as a result of a partial merger shall be between the
merging district and the RFA.
e. Merger of an adjacent fire protection district into King
County Fire Protection District No. 37. On the effective date of
such merger, the territory merged into King County Fire Protection
District No. 37 shall automatically be included within the boundaries
of the RFA. The territory added to the RFA by such merger shall be
subject to the taxation, charges, and bonded indebtedness of the
RFA in the manner specified in chapter 52.06 RCW. Pursuant to
RCW 52.06.085, the merger will result in an increase in the size of
the governing board of King County Fire Protection District No. 37.
Such increase shall not, however, alter the Governance Plan and
the RFA governing board shall still have 3 representatives from the
Fire District. Any transfer of assets or employees as a result of a
merger shall be between the merging district and the RFA.
f. Full or partial merger of King County Fire Protection District
37 into an adjacent fire protection district. On the effective
date of such merger, the areas within King County Fire Protection
District No. 37 that are merged into the adjacent fire protection
district shall be removed from the jurisdictional boundaries of the
RFA. In this situation the RFA shall not be obligated to transfer
employees or assets of the RFA and the adjacent fire protection
district shall be restricted to assets and employees of the fire
district, if any.
g. Annexation of a portion of King County Fire Protection
District 37 by a City that is not a participating jurisdiction in
16
48
the RFA. On the effective date of such annexation, the territory
annexed shall automatically be removed from the boundaries of the
RFA. In this situation the RFA shall not be obligated to transfer
employees or assets of the RFA and the annexing city shall be
restricted solely to assets and employees of the fire district, if any.
h. Annexation of areas by the City of Covington. Provided that
the City of Covington remains annexed into King County Fire
Protection District No. 37, on the effective date of any such
annexation, the territory annexed shall automatically be included
within the boundaries of the RFA pursuant to RCW 52.26.090 and
RCW 52.04.091. The territory added to the RFA by such
annexation shall be subject to the taxation, charges, and bonded
indebtedness (if approved as part of the annexation process) of the
RFA. Any transfer of assets or employees that occurs as a result of
such annexation shall be between the transferring entity and the
RFA
2. Boundary Changes that require a RFA Plan amendment.
The addition of another entity as a participating jurisdiction in the RFA shall
require a voter approved amendment to the RFA Plan.
RFA Plan Revision:
1. Except as provided in paragraph C.2, the JURISDICTIONAL BOUNDARIES
section of The Kent Fire Department RFA Plan is subject to amendment
by a majority vote of the RFA Governance Board.
17
49
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18
50
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PLAIN
Section Goveirinaince
Adolpted: 07....:1.1.5....09 Revised: :1.2....08.09
Governance and Representation
Reference:
1. The authority to provide governance for the Regional Fire Authority is
provided by RCW 52.26.080 and RCW 52.26.090.
Governing Board Structure and Operation:
1. As provided by RCW 52.26.080, the RFA Governing Board shall be
established and have authority as of July 1, 2010.
2. As provided by RCW 52.26.080, the governing board shall include six voting
members consisting of three (3) current, seated members from the City of
Kent to be appointed by the Kent City Council and three (3) current, seated
King County Fire District 37 Board of Commissioners members and one
nonvoting advisory position consisting of one (1) current, seated member
from the City of Covington, appointed by the Covington City Council.
3. The RFA Governing Board shall adopt governance policies and rules for
conducting business for the RFA in accordance with RCW 52.26.080.
4. The RFA Governing Board shall adopt by-laws to govern RFA affairs in
accordance with RCW 52.26.080.
5. The RFA Governing Board shall have all the power and authority granted
governing boards under Washington State law, and shall include the power
and authority to make any decisions appropriate for the RFA and for matters
related to Title 52 RCW.
6. Commissioners of the Governing Board will receive compensation in the same
manner and under the same conditions as provided by law for commissioners
of a fire protection district organized under Title 52 RCW.
19
51
Placement of Ballot Measures before Electorate of the RFA:
1. Subject to state law, ballot measures may be placed on the ballot for a vote
by the members of the RFA by a majority vote of the members of the RFA
Governing Board. The Board shall reach a decision of election at least 30
days in advance of county filing deadlines.
Plan Revisions:
1. The GOVERNANCE section of the Kent Fire Department RFA Plan may be
amended by a majority vote of the RFA Governance Board.
20
52
[eN
IKIFII4"I" IF:IRIF IDIFIPAR"I"IYdMIFII4"I"
1RIFO:IONAII... IF:IRIF AU"I"II110I4 I (IRFA)
IPII...AIN
Section „ Oir ainiizatiiaanall Stiructuir /01peiratioin
Adopted: :IA.....04.....09 Revised: :I.2....08.09
A. Reference:
1. The authority for the RFA to establish an Organizational Structure is
provided in RCW 52.26.040.
B. Activity/Operation:
1. Commencing the day of formation, the RFA shall be organized and
managed, with leadership provided as show in Appendix "C of the RFA
Plan.
2. The RFA Administrative, Operations and Prevention Division shall be
organized, and a chain of command be established in accordance with
the organizational structure provided in Appendix "C of the RFA Plan.
3. The Governing Board for the RFA shall be referred to as the Regional
Fire Authority Governing Board, as identified in Appendix "C of the
RFA Plan.
4. All current operational and service delivery aspects of the Kent Fire
Department and King County Fire District 37 shall be transferred over
on the day of formation.
5. Current staffing models, standards of coverage, deployment
standards, field operations, command staffing, and operational policies
and procedures shall be transferred and continued at the current level
of service on day the of transfer.
6. The RFA will adopt the Kent Fire Department Standards of Coverage
Document, which will define services, levels of service, standards of
coverage, development standards and customer expectations of the
RFA.
C. RFA Plan Revision Disposition:
21
53
1. The Organizational Structure portion of the RFA Plan may be
revised by a majority vote of the current sitting RFA Governance
Board.
22
54
� KEN
IKIFII41" IF:IRIF IDEPAR"I
WEIG1 11MAII... IF:IRIF AU"I"HORI (RFA)
IPII...AIN
Section :7„ iii'lina inciaii
Adolpted: :I.:I.....04.....09 1Reviised: :I.2....08.09
A. Reference:
1. The authority to provide FUNDING and levy taxes for the RFA is
provided by RCW 52.26.050, RCW 52.26.120, RCW 52.26.140, RCW
52.26.150, RCW 52.26.160, RCW 52.26.170, RCW 52.26.180, RCW
52.30.020, chapter 84.52 RCW and chapter 84.55 RCW.
2. The authority and mechanism for the collection of taxes and the
benefit service charge shall be in accordance with RCW 52.26.170,
RCW 52.26.200 - .270
B. Revenues/Funding:
1. The funding for the operation and administration of the RFA
contributed by each of the participating jurisdictions for 2010
operations shall be in an amount equal to the funding total approved
for the fire department services in the budgets of each respective
participating jurisdiction of the RFA for the 2010 calendar year.
2. Funding for the RFA beginning in calendar year 2011 and beyond shall
be accomplished by a property tax of $1.00 per thousand of taxable
assessed value and a benefit service charge on all improved properties
within the RFA service area, initially based upon the general formula
and methodology provided in Appendix B of the RFA Plan.
3. To the extent permitted by law, the RFA shall contract with agencies
and entities exempt from property taxes in accordance with RCW
52.30.020 and related statutes.
4. The Governing Board shall have the authority to pursue all additional
revenue sources authorized by law including but not limited to revenue
sources specifically identified in Title 52 RCW that are not otherwise
addressed in chapter 52.26 RCW.
23
55
5. The RFA shall pay all costs of continued operation of King County Fire
Protection District No. 37 subsequent to the formation of the RFA
C. Financial Assets Transferred:
1. Once the RFA is formed on July 1, 2010, King County Fire Protection
District 37 shall immediately transfer the remaining funds approved for
the 2010 King County Fire Protection District No. 37 budget, and shall
transfer all future property tax and contractual payments received at
the time of receipt unless otherwise specifically allowed by the RFA
Plan.
2. Once the RFA is formed on July 1, 2010, the City of Kent will then
transfer the remaining funds approved for 2010, on a proportional
basis, on the 15th and 30th of each of the six remaining months for
2010, through December 31, 2010.
3. Transfer of Project Fund accounts and Reserve Cash funds from the
City of Kent and King County Fire Protection District 37 as identified in
Appendix D of the Asset Transfer Appendix, shall be transferred to the
RFA on the date of the formation of the RFA in the amount remaining
in the accounts on the date of formation of the RFA.
4. Transfers of Real Property.
a. All real property owned by King County Fire Protection District
No. 37 shall be transferred to the RFA on the date of formation
of the RFA.
b. The following real property owned by the City of Kent shall be
transferred or leased as identified below:
i. Station 71: City of Kent shall sell to the RFA for $1, with
an automatic reversionary interest in the event the
station is no longer used for RFA purposes.
ii. Station 72: City of Kent shall sell to the RFA for $1, with
an automatic reversionary interest in the event the
station is no longer used for RFA purposes.
iii. Station 73: City of Kent shall sell to the RFA for $1,
subject to any easements or other interests, with an
automatic reversionary interest in the event the station is
no longer used for RFA purposes.
iv. Station 74/Administration: City of Kent will retain
ownership of property and lease 1/2 of the space to the
RFA for an amount to be determined. As a condition of
the lease, the RFA will agree to assume 1/2 of the
maintenance costs of the property, except for the burn
24
56
tower, which the RFA will assume 100% of the
maintenance costs.
v. Station 75: City of Kent will retain ownership and lease to
the RFA for $1/year, subject to the right of the City of
Kent to sell the property. In the event the City sells the
property, the City shall, prior to the closing of the sale, be
financially responsible for relocating Station 75 to a
location with a structure that is operationally ready and
allows for an equivalent level of service to that provided
from Station 75.
vi. Station 76: City of Kent shall sell to the RFA for $1, with
an automatic reversionary interest in the event the
station is no longer used for RFA purposes.
vii. Washington Avenue Property: City of Kent shall sell to the
RFA for $1. RFA shall lease property to City of Kent for
storage for $1. The RFA shall sell the property back to
the City of Kent for $1 at a point when the RFA no longer
wishes to retain the property.
viii. Ropes Course Property: City of Kent will retain ownership
and lease to the RFA for $1/year
5. Transfers of Personal Property.
a. King County Fire Protection District No. 37 shall transfer all
personal property, including but not limited to equipment,
supplies, agreements, documents and records to the RFA on the
date of formation of the RFA.
b. Unless otherwise agreed to in an interlocal agreement, the City
of Kent shall transfer for $1 all personal property used by the
Kent Fire Department (administration, support services,
emergency management, prevention and Operations) including,
but not limited to equipment, supplies, agreements, documents
and records to the RFA on the date of formation of the RFA.
6. Risk of Loss.
a. All buildings and equipment that have been transferred to the
RFA, shall be operated, insured, and maintained at the expense
of the RFA.
D. Liabilities:
1. On the date of formation, the RFA shall assume all outstanding
liabilities of King County Fire Protection District No. 37.
2. On the date of formation, the RFA shall assume the following liabilities
of the City of Kent.
25
57
a. Except as provided below, all employment liabilities associated
with the employee transfers as provided in Section 8 of the
Plan.
3. The City of Kent shall retain the following liabilities:
a. The City of Kent will keep the liability for retired and active
LEOFF 1 Kent Fire Department FTE's to include medical and long
term care insurance payments and any other expenses incurred
by the Kent Fire Department LEOFF 1 personnel in accordance
with the City of Kent LEOFF 1 Policies and Procedures.
b. The City of Kent will retain its Fire Relief and Pension Fund and
make required pension payments to eligible LEOFF 1
participants.
c. The City of Kent shall remain responsible for the following
accrued but unfunded employment liabilities:
i. Between July 1, 2010, and December 31, 2011, the City
agrees to pay to the RFA for vacation hours accrued and
owed to a retiring RFA employee; provided, the amount
paid shall not exceed a total of $50,000 or payment to
five employees, whichever is less. The City shall not be
liable for any vacation of any RFA employee after
December 31, 2011.
E. RFA Plan Revision Disposition:
1. Subject to any statutory requirements for voter approval, the funding
portion of the RFA Plan, including the benefit charge funding formula
and methodology may be revised by a majority vote of the current
sitting RFA Governance Board.
26
58
IKIEII4"M" IF:MRIE IDIEIPAWi"IMIEII4"M"
REGIONAL. IF:MRIE AVM"M"II110I4 I (IRFA)
IPII...AIN
Section „ irniiinii tirKKitiive/IMKKiinM i eimeint/IIl�eir oininell
as poineint
Adopted: :iA.....04.....09 Revised: :1.2....08.09
A. Reference:
1. The authority for the RFA to establish and provide Administrative,
Management and Personnel components is provided in RCW 52.26.040
and RCW 52.26.100.
B. Activity/Operation:
1. The RFA shall be organized as provided in Appendix C of the RFA Plan.
2. The existing staff of the participating agencies shall transfer to the RFA
to fulfill assigned duties as outlined in the organizational structure in
Appendix C. All current FTE's of the City of Kent Fire Department and
King County Fire Protection District 37 shall be transferred on the day
of formation at their current rank, grade and seniority.
3. Unless otherwise noted in the RFA Plan, the transfer of authority and
the administration and management of the RFA shall be seamless and
shall initially model the current administrative and management
components of the Kent Fire Department.
4. All current employee agreements, collective bargaining unit
agreements, outstanding labor issues, personal service contracts, and
any other contracts or agreements pertaining to work, duties, services
or employment with the City of Kent Fire Department and King County
Fire Protection District 37, shall be transferred over with all personnel
on the day of formation. Any consolidation of employees into one of
the existing labor agreements must be mutually agreed upon by the
labor unions and each of the participating jurisdictions prior to the July
1, 2010, implementation date of the RFA.
27
59
5. The City of Kent LEOFF Board will continue to oversee LEOFF 1 benefits
for said personnel in accordance with the City of Kent LEOFF 1 Policies
and Procedures.
6. The administrative staff of the RFA shall be the current members of
the Kent Fire Department administrative staff. All current
administrative and business functions, agreements, documents,
operations, and policies and procedures from the Kent Fire Department
shall transfer over to the RFA unless otherwise noted in this plan.
7. The current Kent Fire Department and King County Fire District 37
staff assigned to support services, logistics, supply, fleet maintenance
and facilities shall be transferred over to fulfill the duties of those
services outlined in the organizational structure in Appendix C.
8. Effective July 1, 2010, the following employee services and benefit
administration functions of the RFA shall be provided by the RFA:
Recruitment and Hiring, Labor Relations and Negotiations, Risk
Management including Labor and Industries time-loss, Liability and
Property Insurance and all administrative functions related to the
Family Medical Leave Act (FMLA), the Family Care Act (FCA), and all
other state and federal employment and labor laws.
Effective July 1, 2010, the RFA will continue to participate in the City
of Kent Health care plans as identified in the current collective
bargaining agreements which include medical, dental and vision
coverage. In addition, the RFA will continue to participate in the
Wellness program and the Employee Assistance Program as
administered by the City of Kent. All costs related to these plans will
be paid for by the RFA pursuant to an interlocal agreement between
the RFA and the City of Kent.
Effective July 1, 2010, the RFA will continue to use the Kent Civil
Service Commission and the City of Kent Civil Service Examiner. The
costs related to these services will be paid for by the RFA pursuant to
an interlocal agreement between the RFA and the City of Kent..
9. Effective July 1, 2010, all accounts payable and accounts receivable
services shall be provided by the RFA.
1O.Effective July 1, 2010, all payroll services shall be provided by the
RFA.
11.In 2010 and 2011, the City of Kent shall provide the RFA with
information technology (IT), phone services, and information
management (IM) services. The RFA shall contract for such services
pursuant to an interlocal agreement between the RFA and the City of
Kent beginning July 1, 2010, in order to provide seamless, up-to-date
IT, phone, and IM services for the RFA.
28
60
12.In 2010 and 2011, facility maintenance services shall be provided to
the RFA by the City of Kent. Yard maintenance service will not be
provided by the City of Kent, and will be the responsibility of the RFA.
The RFA shall contract for such services beginning July 1, 2010,
pursuant to an interlocal agreement between the RFA and the City of
Kent in order to provide seamless repair, maintenance and readiness
operations of the RFA facilities.
13.In 2010, the current fuel procurement and associated fuel services
shall be provided by the City of Kent pursuant to an interlocal
agreement between the RFA and the City of Kent. The RFA will have
the option to contract for such services beginning January 1, 2011.
14.The RFA shall provide its own legal services effective July 1, 2010.
RFA Plan Revision Disposition:
1. The administrative, management and personnel portion of the RFA
Plan may be revised by a majority vote of the current sitting RFA
Governance Board.
29
61
PAGE LEFT INTENTIONALLY BLANK
30
62
175 HF
KENT
C�'�•k �i' [SIST i7,
iKiE ii4 Itl it .IRiE iD E iY A WW IM iE ii4 II
WE :IOii4Ail... iF:IRIE AU..i..il110iPU (RFA)
iPILAIN
Section „ IlFiiire IPireventiion, IPulbIlii III!;;! u catiion Services,
III!!!!urneir en y Management an IlFiiire ;linve tii atiion Unit
Adopted: :1A.....04.-09 Revised: :I.2....08.09
A. Reference:
1. The authority for the RFA to establish and provide Fire Prevention, Public
Education, Emergency Management and Fire Investigation components is
provided in RCW 52.26.040, RCW 52.26.090(2), RCW 52.12.031 (3),(6) and
(7) and chapter 39.34 RCW.
B. Activity/Operation:
1. EXISTING SERVICE PROVIDERS:
1.1. The City of Kent, through the Kent Fire Department currently provides
the following services within the boundaries of the City of Kent:
a. Fire Prevention Services pursuant to RCW 19.27.050;
b. Fire Investigation Services pursuant to RCW 43.44.050 and chapter
51-54 WAC;
C. Emergency Management Services pursuant to chapter 38.52 RCW;
and
1.2. The City of Kent currently provides the following services within the
City of Covington pursuant to contract:
a. Fire Prevention Services; and
b. Fire Investigation Services.
1.3. King County Fire Protection District No. 37 currently provides the
following services within the boundaries of the City of Kent and within
the District (including Covington):
a. Public Education Services.
31
63
1.4. King County currently provides the following services within the
boundaries of King County Fire Protection District No. 37 (excluding
Covington).
a. Fire Prevention Services;
b. Fire Investigation Services; and
C. Emergency Management Services.
1.5. The City of Covington currently provides the following services within
the boundaries of Covington.
a. Emergency Management Services.
2. SERVICE PROVIDERS FOLLOWING RFA EFFECTIVE DATE:
2.1. FIRE PREVENTION SERVICES
a. On the effective date of the creation of the RFA, Fire Prevention
Services within the boundaries of the RFA shall be provided as
follows:
(i). Within the City Kent. The RFA will provide Fire Prevention
Services to the City of Kent pursuant to an interlocal agreement
to be negotiated prior to the effective date "Kent Interlocal."
(ii). Within the City of Covington, the RFA intends to provide Fire
Prevention Services to the City of Covington pursuant to an
interlocal agreement between the RFA and Covington "Covington
Interlocal."
(iii). The RFA will credit or transfer to the City of Kent, revenue
generated for fire prevention services rendered by the RFA for
the City of Covington, pursuant to the "Kent Interlocal"
(iv). Within unincorporated King County. King County shall provide
Fire Prevention Services.
2.2. FIRE INVESTIGATION SERVICES:
a. On the effective date of the creation of the RFA, Fire Investigation
Services within the boundaries of the RFA shall be provided as
follows:
(i). Within the City Kent. The RFA will provide Fire Investigation
Services to the City of Kent pursuant to an interlocal agreement
to be negotiated prior to the effective date "Kent Interlocal."
(ii). Within the City of Covington. The RFA intends to provide Fire
Investigation Services to the City of Covington pursuant to an
32
64
interlocal agreement between the City of Kent and Covington
"Covington Interlocal."
(iii). Within unincorporated King County. King County shall provide
Fire Investigation Services.
2.3. EMERGENCY MANAGEMENT SERVICES.
a. On the effective date of the creation of the RFA, Emergency
Management Services within the boundaries of the RFA shall be
provided as follows:
(i). Within the City Kent. The RFA will provide Emergency
Management Services to the City of Kent pursuant to an
interlocal agreement to be negotiated prior to the effective date
"Kent Interlocal."
(ii). Within the City of Covington. Covington shall remain the
provider of Emergency Management Services.
(iii). Within unincorporated King County. King County shall remain
the provider of Emergency Management Services.
2.4. PUBLIC EDUCATION SERVICES.
a. On the effective date of the creation of the RFA, the RFA shall
provide Public Education Services throughout the jurisdiction of the
RFA.
3. TRANSITION OF SERVICES.
3.1. In order to effectuate the transition of services identified above, the
following shall occur on the effective date of the RFA:
a. The City of Kent Fire Department staff on July 1, 2010, assigned to
the Fire Prevention and Emergency Management Divisions, shall be
transferred over to the RFA.
b. The RFA Fire Prevention and Emergency Management Divisions
shall be organized as provided in Appendix C of this RFA Plan.
C. The City of Kent agrees to designate the Chief and Fire Marshal of
the RFA as the Chief and Fire Marshal of the City of Kent.
d. The City of Covington has agreed to designate the Chief and Fire
Marshal of the RFA as the Chief and Fire Marshal of the City of
Covington.
e. Unless otherwise noted in the RFA Plan, or the interlocal
agreements referenced herein, the transfer of authority and the Fire
Prevention and Emergency Management Divisions of the RFA shall
33
65
be seamless and shall initially model the current Fire Prevention and
Emergency Management Divisions of the Kent Fire Department.
f. The City of Kent and the City of Covington will retain code
enforcement authority in accordance with Washington State Law
within their respective jurisdictions and, except as provided in the
Kent and Covington Interlocals shall provide the necessary legal
and police support for enforcement of code enforcement issues.
g. The City of Kent and the City of Covington will retain fire
investigation authority in accordance with Washington State Law
within their respective jurisdictions and, except as provided in the
Kent and Covington Interlocals shall provide the necessary legal
and police support for enforcement of fire investigation issues.
h. The City of Kent and the City of Covington will retain emergency
management authority in accordance with Washington State Law
and, except as provided in the Kent and Covington Interlocals, shall
provide legal and police support as needed to provide emergency
management services
4. Other Service Providers.
4.1. All current automatic aid and mutual aid agreements and any other
contractual services agreements, documents, or memorandums
currently in place with the City of Kent and King County Fire District 37
shall be transferred over on July 1, 2010, to provide continuous,
seamless readiness and emergency services coverage.
C. RFA Plan Revision Disposition:
1. The fire prevention, emergency management, public education and fire
investigation services portion of the RFA Plan may be revised by a majority
vote of the current sitting RFA Governance Board.
34
66
APPENDD( A
Jurisdictional Boundaries
i
Proposed Kent Regional Fire Authority
r SouthlKing,County, WA
Stations 71;to 78
Major t
r
S reef s
g a
Station 78m fj SrlXld
� on 77 �
� k
aesr Q I
523HNV ,.Y' % 2 IMF
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UiN o
�, �y,apuarsr sI E:<a se Fire DIS#YIC1377—
�a sEleaos:Ciy ofKen sO��m�- n
�h �r tarIon71 -,
Statron'78' I
N m. SF256st 4E 256Sf ��E1666t I—^���
0 ii d2 I r. Slabon 72 A
sratlon7$, �INp 1.. City ofCovmgton� i r
er fOD�6
t I 1 as �S��Q�tAtrOn 7b
FIYO DIBtYIOr 37. i •✓SQY+RU �� �3FA1 �,�....t.��SEHrontMercgby+Rd
e .J I �` E 270• �
4,h^7•'�,ra
i yf
Fire Stations
d Kent City Limits j' '�v
I__ICovmgton City Limits
1_JPire District 37 ' � „ O�in� IN �.
/ V
0 0.5 1 2 3 4
Miles
35
67
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36
68
APPENDD( B
Fire Benefit Charge
Kent Fire Department — Fire Benefit Charge- (FBC) Formula
The Fire Benefit Charge (FBC) was authorized by State Law in 1987 upon voter
approval and must be reasonably apportioned to the services afforded to the property.
Therefore, assessed value is not used in determining the FBC, instead the Kent Fire
Department uses property type, property use, and associated risk increasers (see
definition of HF) or risk reducers (see sprinkler and alarm discount) in determining the
FBC amount for each structure. The primary factor of the formula is based upon the
amount of "required fire flow" or water needed to extinquish a fire, the number of
firefighters and equipment needed to effectivley deliver the required fire flow and their
associated cost for a fire in the type and size of structure being assessed. As the size
of a structure or fire loading within a structure increases, the need for required fire
flow, firefighters, and equipment also increases. The benefit charge is based upon the
Insurance Services Office (ISO) required fire flow formula and takes these factors into
consideration. Therefore, the Kent Fire Authority Governance Board has adopted the
following formulas for the benefit charge:
One and two family buildings
-/Area * 18 * CF * ERF * CPG * Senior or Sprinkler Disc. = FBC
Multi Family buildings
-/Area * 18 * CF * ERF * CPG * Sprinkler and Alarm Discount = FBC
Commercial buildings
-/Area * 18 * CF * ERF * HF * CPG * Sprinkler and Alarm Discount = FBC
➢ /Area: -/Area is the square root of the total square feet of the buildings over
400 square feet upon the property.
➢ CF = Category Factor: The category factor is based upon use type and
structure size which is obtained from the County Assessors database for each
structure subject to the FBC. Category factors are listed below by structure use
type:
One and two family buildings;
Mobile Home = 0.75
Single Family = 0.80
Condominium = 0.80
Multi-family buildings;
< 15,000 sq ft = 1.60
< 50,000 sq ft = 3.25
< 140,000 sq ft = 6.70
< 200,000 sq ft = 8.60
< 300,000 sq ft = 11.10
> 300,000 sq ft = 14.25
37
69
APPENDD( B
Fire Benefit Charge
Commercial buildings
Commercial 1 = 1.00 < 4, 000 sq. ft.
Commercial 2 = 1.20 < 10,000 sq. ft.
Commercial 3 = 1.40 < 30,000 sq. ft.
Commercial 4 = 1.50 <100,000 sq. ft.
Commercial 5 = 2.05 <200,000 sq. ft.
Commercial 6 = 3.00 >200,000 sq. ft.
➢ ERF = Effective Response Force. The effective response force factor is
relational to the size of force in personnel and equipment needed to deliver the
required fire flow.
One and two family structure ERF
< 1,800 sq ft = 1
< 2,700sgft = 1.1
< 3,600 sq ft = 1.35
< 5,000 sq ft = 1.65
> 5,000 sq ft = 2.25
Multi-famiy structure ERF
Three units or more = 1.5
Commercial ERF
< 8,OOOsgft = 1.18
< 20,000 sq ft = 1.75
< 30,000 sq ft = 2.65
> 30,000 sq ft = 4.00
➢ HF = Hazard Factor: The hazard factor represents uses, processes or storage
of hazardous materials taking place within a structure that would increase the
hazard from fire or increase the needed effective response force. The hazard
factor is determined from use and risk classifications found in the National Fire
Protection Association's Standard number 13
➢ CPG = Cost Per Gallon: Is the relative cost of providing the required fire flow
per gallon during a fire incident. CPG is a balancing factor used as an adjustable
multiplier to finely tune the FBC calculation across all properties to reach
precisely the desired target FBC amount.
2010 CPG = 0. 0.197678
➢ Senior Citizen Discount: Seniors discounts are applied at the same rate as
applied to property taxes. This information is obtained from and maintained by
King County's property and tax records.
38
70
APPENDD( B
Fire Benefit Charge
➢ Sprinkler and Alarm System Discount: (9.5 to 15%)
Fire sprinkler systems in combination with alarm systems will receive a 9.5 to 15
percent reduction depending upon system capability. Partial coverage systems
may not qualify for a discount.
➢ Mobile Homes: King County does not adequately maintain square feet data for
mobile homes. The average mobile home size has been determined to be 1075
square feet.
➢ Minimum Square Footage: The FBSC will not be applied to parcels with a total
improvement square footage of less than 400 sq. ft.
Example: 2500 square foot single family building.
Area * 18 * CF * ERF * CPG * Senior or Sprinkler Disc. = FBC
50 * 18 * 1.0* 1.0 * 0.2105336 * 0 = $189.48 FBC for 2010
Example: 13000 square foot apartment building
Area * 18 * CF * CPG * Sprinkler and Alarm Discount = FBC
114.02 * 18 * 2.50 * 0.2105336 * 0 = $1,080.51 FBC for 2010
Example: 100,000 square foot commercial building
Area * 18 * CF * ERF * HF * CPG * Sprinkler and Alarm Discount = FBC
316.23 * 18 * 2.05 * 4 * 1.15 * 0.2105336 * 0.85 = $9,605.67 for 2010
39
71
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40
72
APPENDD( C
Kent Fire Department
Organizational Structure
Emergency Mgm[ Prevention
Division chief Div inn
Divis on chief
ManagerPregrem gammirtra<roe
gssistan[2 p0�j�!
Energenry gtlmi nista[i ve w
Managem d Secretary 2
Sped,sh Yz time
Program gtlministra[ive
CeorSna[or Secretary 1
Fire egrsen Dev.semmas aae Fmoroe.
II °' Investiga[on Ass[.F.M. Ass[.F.M.
�ptin �p[ n �p�in
Rre&Arson Cart fetl Plans Cart fietl
�� Vi Frefightar Rev ev�a InsyeQors
(2) (3) (2)
V
41
73
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42
74
APPENDD( D
City of Kent Project Accounts
The following are identified Fire Department Project Accounts, and their current
estimated balances as of June 30, 2009 that we are recommending to not
transfer to the RFA, but to stay with the City of Kent:
• M200088 Breathing Apparatus Cylinders - The RFA will fund the future SCBA
purchases; the City of Kent would retain net $272,473
• V00025 BLS Transport - RFA Planning, net $14,128
• 510033500 Fleet Fire Equipment - Emergency Repair Fund $202,879
• F20018 Fire Security Fences - Net $50,223
• F20060 Remodel Washington Avenue Property - $140, 405
• Total estimated project revenue going to the City of Kent - $680,108
The following are identified fire department project accounts, and their
current estimated balances as of June 30, 2009, that we are requesting to be
transferred to the RFA effective July 1, 2010, with the actual balance on June
30, 2010 being transferred:
• 1000.34600.0045 Community Fund (Donations from Citizens)
Current Balance $5,887
• M20044 Fire Radio Equipment - no funding by the City in 2010, the RFA
would find the $125,000 in 2010
Current Balance Transferred $109,618
• V00020 Physical Fitness (Contract)
Current Balance Net $46,150
• V00075 Training Equipment
Current Balance Net $73,565
• F00015 Fire Maintenance Shop Renovation, current account Bob will
release so we can order PPE this year, pay for SAFER grant, and order PPE
for 2010
Current Balance Net $263,526
Total estimated funds as of June 30, 2009 that would be transferred to the
RFA, with the fund balances on June 30, 2010
$498,746
43
75
PAGE LEFT INTENTIONALLY BLANK
44
76
APPENDD( D
City of Kent Financial Assets Transferred
a
E P
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m a a a
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� � mommm m � r, ry nn � .°3 � m m' mmo, a, m mmmm mmomo o mmmo, mmo
a <<< a <aa
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m o m o°l m e a ts
0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 " o 0 0 0 0 0 0 0
�', 88888888 0000000
a u o 0 0 0 0 4
a g � n N ry P N N ry c, ry rv " ry ry ry rv " rv " " N ry N c � N N N n "rv'
a - E
0 0 0 0 0 0 v 0 0 0 0 9 . o 0 0 0 0 0 0 o 0 o p o 0 0 0 0 $ o o . u o m .N o a o 0 0 0 0
d o n o 0 0 0 0 o m ry ry ry ry ry �� ry �� ry ry rv " �� ry ry ry ry rv " " o e F o 0 0 0 0 0 o Q « o o " ry ry `w o o 0 0 0 0 0 0 o s o 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 o F o 0 0 0 0 0 a g H 8
45
77
APPENDD( D
Financial Assets Transferred
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O D O O O O M o O U o O O O O O m M m o m m g o 8 8 .i ~
p . . . N . 000www �, 0000N non nwwwwwoBoNONNwwwNwwmB $ 88888 `$� 8 wm
rvry ry ry ry ry ry rvrvm �m mmmmwrvry ry ry ry rvn I A I III
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0 00 00 0 0 0 00 00 0 00 0 0 8 8 8 8
« 88888S88S88S $ o $ No o a o oo oo $ $ $ $ 0000
� � � � � � � � � � � � � u, wm � � u, w �, u, u, � w � w � � � � www � wwwwmmao, aaammmo•. � mm �
m
46
78
APPENDD( D
Financial Assets Transferred
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^' oR88888888888 � So
0
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¢ LL w w
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-
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5888888888888588 � 0888880 000
0 0 0 0 0 0 8 0 8 8 $ 8 8 8 8 8 8 8 S 8 8 8 8
rvrvrvrv � rvrv � n � � � � � arvrvrvrvrvrvrvrvrvrvrvrvrvrvrvrvrv � rvrvrv �, rvrvmmmmmrvm
V V V V c a e 'o a s va a � nK' N .". P000 � 8 ,^i
u � � � N a � � � ry ry ry ry ry ry ry ry ry ry ry ry rv « ry ry ry ry ry ry ry ry ry ry ry ry ry ry ry ry m m m m 22 22 22
a m g oc3i000
0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 8
o S88 0 000 8 SA88888888888888888SS0 '
a $ o88AA $ A $ 8885 $ $ 0 $ 0000rvrvrv � , rvo ory oorv0000NooNNNN0000 -� ` 8888
ry ry ry ry ry ry ry ry o 0
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8 8 8 8 8 8 S o 0 8 8 8 00 0 0 00 0 8 8 N 8 8 8 8 N 8 8 8 0 00 0 0
� m o, a, m � mo, o, mho, o, o, o, o o, m o a, a, mo, o, a, o, o, o, o, moPPoo 00000mmmmao0m 3 � amm
47
79
aPPENDDCD
Financial Assets Transferred
f{/}
)
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/) \ ( \ \
} k '...........
80
APPENDD( D
Apparatus Transfers Over 1 Ton
City of Kent Apparatus Transferring to the RFA- Over 1 Ton
Vehicle # Year Make/Model VIN Division/Unit
701 1999 Freightliner Air Unit 1FV6HLCB1XHA78436 Operations
702 2003 Road Rescue Aid Car 1HTMRAAM13H555076 Operations
703 2003 Road Rescue Aid Car 1HTMRAAM33H555077 Operations
704 2005 MedTec Aid Car 1HTMRAAL56H211388 Operations
705 2007 MedTec Aid Car 1HTMRAAL37H486498 Operations
706 2001 Pierce Quantum Pumper 4P1CT02S51A001533 Operations
708 2001 Pierce Quantum Pumper 4P1CT02SZ1A001534 Operations
710 2004 Pierce Quantum Pumper 4P1CT02H44A004034 Operations
711 2006 Dodge Ram Pick-up 3D7LX38C46G244771 Operations
712 2005 Pierce Quantum Pumper 4P1CU01H65A004696 Operations
713 2006 Pierce Tiller Aerial 4P1CU0H37A006814 Operations
714 1986 Pierce Tender 1P9CT01JPGA040163 Operations
715 1996 Smeal Aerial 44KFT6489TWZ18328 Operations
716 2009 Kentucky Trailer Under Construction Operations
717 2009 Pierce Quantum Sky-Boom To be purchased July 2009 Operations
722 2009 Peterbilt Tractor To be purchased July 2009 Operations
724 1998 Ford Expedition 1FMPU18L9WLB44365 Operations
726 2007 Trail Blazer Decon Trailer Operations
727 1989 Pierce Lance Pumper 1P9CT01J0KA040772 Operations
728 1989 Pierce Lance Pumper 1P9CT02J0KA040785 Operations
729 2006 Top Hat Trailer Pump Simulator Operations
730 1989 Pierce Lance Pumper 1P9CT02J8KA040808 Operations
732 1989 Pierce Lance Pumper 1P9CT02J8KA040810 Operations
733 1983 Portable Generator WA720165 Operations
744 1990 Bounder by Fleetwood 4CDB4XG29L2100215 Operations
760 1990 Hackney Isuzu Haz Mat JALM7A1N4M3200640 Operations
764 1995 Ford F350 Flat Bed 2FDKF38F2SCA66302 Operations
766 2001 Pierce Quantum Pumper 4P1CT02S21A001535 Operations
49
81
APPENDD( D
Apparatus Transfers Under 1 Ton
Staff City of Kent Vehicles Transferring to the RFA- Under 1 Ton
Vehicle # Year Make/Model VIN Division/Unit
756 Tork-Lift Foam Trailer Operations
7102 2006 Ford Expedition 1FMPU16566LA68964 Fire Administration
7104 2006 Ford Expedition 1FMPU16516LA68967 Fire Administration
7106 2007 Ford Expedition 1FMFU16537LA65176 Fire Prevention
7122 2006 Ford Expedition 1FMPU165X6LA68966 Fire Administration
7203 2006 Ford Expedition 1FMPU16586LA68965 Emergency Management
7204 2008 Ford F250 Pick-up Truck 1FTSW21R68ED99835 Operations (Logistics)
7205 2008 Ford F250 Pick-up Truck 1FTSW21R28ED99833 Fire Investigation
7206 2008 Ford Escape Hybrid 1FMUC59379KB00458 Public Information Officer
7218 2005 Dodge Grand Caravan 1D4GP23R85B130705 Logistics
7231 2006 Chevolet Silverado Pick-up 1GCEC19V76E225819 Logistics
7516 2008 Ford F250 Pick-up Truck 1FTSW21528EA62933 Fire Training
7603 1998 Dodge Caravan 1B4GT44L6WB678442 Fire Training
7606 2000 Ford Crown Victoria 2FAFP71WOYX197966 Fire Training
7608 1998 Jeep Cherokee 1J4FJ28S8WL226443 Fire Prevention
7610 2000 Chevrolet Lumina 2G1WL52J3Y1285435 Fire Prevention
7611 1995 Ford3/4 Ton Pick-up 1FTHX26G8SKA36752 Operations (Tows Boat)
7612 1995 Chevrolet 8 Pass. Van 1GNEL19W9SB216227 Fire Prevention
7614 2001 GMC Safari Van 1GKEL19W21B515831 Fire Prevention
7619 2001 GMC Safari Van 1GKEL19W7113515856 Fire Training
7620 2001 Ford Crown Victoria 2FAFP71W41X181338 Logistics
7621 1995 GMC Safari Van 1GTDM19W2SB543120 Logistics
7624 1997 Ford Taurus 1FALP52U6VA209241 Emergency Management
7627 1997 Ford Taurus 1FALP52UXVG222698 Fire Prevention
7630 1999 Jeep Cherokee 1J4FF28S1XL610521 Fire Prevention
7633 2000 Ford Ranger 4x4 1FTZR15X8YPB20396 Fire Prevention
7634 2000 Ford Ranger 4x4 1FTZR15X6YPB20395 Fire Prevention
7635 2000 Jeep Cherokee 1J4FF28S5YL219518 Fire Investigation
7636 2000 Chevolet Astro Van 1GCDL19W7YB185413 Public Education
50
82
APPENDD( D
Station Transfers
City of Kent - 6 Stations
City of Kent
Location Address Parcel # Lot Size Building Size
Station 71 504 W. Crow Street, Kent, WA 98032 9197100092 1.05 acres 10,858 Sq. Ft
Station 72 25620 140 Ave. SE, Kent, WA 98042 2722059161 0.92 acres 7,772 Sq. Ft
Station 73 26512 Military Road S., Kent, WA 98032 2722049014 7.00 acres 13,000 Sq. Ft
Station 74 24611 116 Ave SE, Kent, WA 98030 2022059126 8.66 acres 26,653 Sq. Ft
Station 75 15635 SE 272 Street, Kent, WA 98042 3522059180 4.18 acres 13,775 Sq. Ft
Metal Building 15635 SE 272 Street, Kent, WA 98042 3522059180 See St. 75 1,350 Sq. Ft
Station 76 20676 72 Ave. S., Kent, WA 98032 6314400101 2.80 acres 13,104 Sq. Ft
Drill Tower 24523 116 Ave. Se, Kent, WA 98030 2022059126 See St. 74 4,652 Sq. Ft
Police/Fire Training Center 24523 116 Ave. Se, Kent, WA 98030 2022059126 See St. 74 See St. 74
Vehicle Maintenance Facility 20678 72 Ave. S., Kent, WA 98032 6314400101 See St. 76 10,865 Sq. Ft
Future Fire Station Site 407 N. Washington Ave., Kent, WA 98032 5436200503 1.22 acres 3,464 Sq, Ft
51
83
APPENDD( D
King County Fire District 37
Staff KCFD#37 Vehicles Transferring to the RFA- Under 1 Ton
Vehicle # Year Make/Model VIN Division/Unit
700 1993 Chevolet Suburban 1GCGK26N8PJ371578 Vehicle Maintenance
707 2003 Ford Pick-up 1FTSX31P3EC91395 Vehicle Maintenance
709 2003 Ford Expedition 1FMPU16L63LC14452 Operations
7100 2008 Ford F250 Pick-up Truck 1FTWW31558EC53950 Emergency Management
7202 2008 Ford Escape Hybrid 1FMCU59H48KD75523 Fire Prevention (Planning)
7625 2000 Chevolet Astro Van 1GNEL19WOYB184695 Fire Prevention (Planning)
7628 1997 Chevolet Astro Van 1GCDM19W5VB216621 Public Education
7629 1998 Jeep Cherokee 1J4FJ68S8WL230516 Crisis Intervention Coordinator
7632 1999 GMC Safari Van 1GKEL19W4XB536852 Emergency Management
9904 2006 Ford Expedition 1FMPU16576LA72747 Administration/Support Services
9912 2006 Wells Carge Trailer 1WC200E2854058325 Public Education
KCFD#37 Vehicles Transferring to the RFA- Over 1 Ton
Vehicle # Year Make/Model VIN Division/Unit
718 2009 Pierce Quantum Sky-Boom To be purchased 2009
731 1989 Pierce Lance Pumper 1P9CT02JXKA040809 Operations
735 2008 Wooldridge 20' Boat Operations
754 1991 Rescue Boat &Trailer Operations
767 2001 Pierce Quantum Pumper 4P1CT02S21A001561 Operations
KCFD#37 Trailers Being Transferred to the RFA
Vehicle # Year Make/Model VIN Division/Unit
7101 Hallmark Shelter Trailer Emergency Management
7201 CERT Trailer Emergency Management
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APPENDD( D
King County Fire District 37
KCFD#37 Facilities Transferring to the RFA
KCFD#37
Location Address Parcel # Lot Size Building Size
Station 77 20717 132 Ave. SE, Kent, WA 98042 422059095 1.98 acres 15,900 Sq. Ft
Station 78 17820 SE 256 Street, Kent, WA 98042 2422059064 3.10 acres 17,685 Sq. Ft
Emergency Management 24523 116 Ave. Se, Kent, WA 98030 2022059126 See St. 74 1,200 Sq. Ft
Emergency Management 24523 116 Ave. Se, Kent, WA 98030 2022059126 See St. 74 200 Sq. Ft.
Emergency Management 24523 116 Ave. Se, Kent, WA 98030 2022059126 See St. 74 160 Sq. Ft.
Future Fire Station Site - 79 Parcel A 822059042
Future Fire Station Site - 79 Parcel B 822059121
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EMPLOYEE SERVICES
Sue Viseth, Director
Phone: 253-856-5270
KEN T Fax: 253-856-6270
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
January 5, 2010
To: Operations Committee
From: Chris Hills, Risk Manager
Regarding: Liability Insurance Coverage
INFORMATIONAL ITEM ONLY
SUMMARY:
Each year, the City purchases liability insurance coverage to provide financial
protection in the event the City negligence results in injury or damage to a third
party.
For the past 27 years, the City has been a member of the Washington Cities
Insurance Authority (WCIA), which is an insurance pool that provides liability
insurance coverage to municipalities throughout the State of Washington.
During this time, the City of Kent has grown to one of the largest cities in the State
of Washington, and similarly, one of the largest members of WCIA. However, the
City's risk profile no longer fits with the profiles of other WCIA members. The
premiums the City pays to provide its liability coverage have increased
substantially. Recent coverage decisions have denied the City coverage despite its
increased need for insurance. It is time for the City of Kent to access the liability
insurance market on its own, rather than as part of a larger group with divergent
interests.
BUDGET IMPACT:
None now.
1