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HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 08/13/2013 (3) Public Safety Committee Agenda T Councilmembers: Les Thomas • Dana Ralph • Bill Boyce, Chair (CEN wa�,an�.n August 13, 2013 5:30 p.m. Item Description Action Speaker(s) Time Paqe 1. Approval of June 11, 2013 minutes Yes Bill Boyce 5 min 1 2. Contract/Bennett Group (Police Training) Yes Chief Ken Thomas 5 min 5 3. Agreement-King County Sheriff's Office Yes Debra Leroy 5 min 7 Cost Reimbursement (Verification of address and residency of registered sex and kidnapping offenders) 4. Contract/North Star (Firing Range Repairs) Yes Chief Ken Thomas 5 Min 23 5. Ordinance amending KCC 9.02, adding a new Section 9.02.295 entitled "Menacing," establishing the crime of Menacing. Yes Julie Stormes 30 min 41 6. Cumulative grant donations to the Youth Conference and Drinking Driver Task Force funds Yes Sara Wood 5 min 45 7. WATPA grant — PATROL Task Force Yes Debra Leroy 5 min 47 S. State Farm grant — Illegal street racing Enforcement Yes Sara Wood 5 min 51 9. Post Fourth of July Report No Jon Napier 5 min 53 10. Post National Night Out Report No Sara Wood 10 min 55 11. Police Chief's Update No Chief Ken Thomas 15 min 57 Unless otherwise noted, the Public Safety Committee meets the 2ntl Tuesday of each month at 5:30 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Kim Komoto at (253) 856-5788 or via email at kkomoto@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. This page intentionally left blank. i KE 0 T CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES June 11, 2013 COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and William Boyce, Chair. The meeting was called to order by Chairperson William Boyce at 5:32 p.m. Changes to the Agenda: The Interlocal Agreement for Services of Valley Special Weapons and Tactics Team was added to the agenda as item number seven and the Chief's update was moved to item eight. 1. Approval of Minutes Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to approve the May 14, 2013 minutes. Motion PASSED 3-0. 2. Fireworks safety - Information Oniv Fire Marshall Jon Napier presented information regarding fireworks safety. Fireworks stands open June 28, 2013 at noon and close at 11:00 p.m. on July 4, 2013. Residents are sometimes confused by the fact that they can purchase fireworks on June 28th, but can only discharge them 9:00 a.m. - 11:00 p.m. on July 4, 2013. The State allows fireworks to be discharged 9:00 a.m. - midnight, but in the city of Kent residents can only discharge fireworks until 11:00 p.m. on the 4th. The city educates the public through signs posted throughout the city, advertising in the Kent reporter, news releases and information on the City's website. Fireworks purchased at a stand within the city of Kent, are legal to discharge in Kent. Fire Marshall Napier described illegal fireworks and that if a resident finds that a child has illegal fireworks, they can drop the fireworks in an "amnesty box" located at the local fire stations - no questions asked. Both the police and fire departments will be starting enforcement and additional education July 2, 2013. Councilmember Thomas advised that residents should call 9-1-1 if they have any concerns regarding the discharge of fireworks. Reminded everyone Councilmember Ralph encourages all residents to be safe and smart and to call 9-1-1 if they see anything dangerous. Fire Marshall Napier will present an after-action report at the August public safety committee meeting. 3. SMHSA STOP Act grant award Stacy Judd, Public Education Specialist with the police department presented information regarding the Substance Abuse and Mental Health Services Administration grant award. This is the second year of the four year period. The funds must be used to prevent underage drinking. This grant is a good connection with our drug free communities grant. Public Safety Committee Minutes June 11, 2013 1 z Councilmember Ralph indicated that the City is doing a good job on education and this is the time of year that we need to talk to our kids about drinking and driving. Graduation is coming up and this is a good time to talk to the kids. After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED a Motion to recommend Council accept the Substance and Mental Health Services Administration grant in an amount of $48,258.00, authorize amending the budget and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. Motion PASSED 3-0. 4. Target Zero Teams Community Outreach Grant Chief Thomas presented information regarding the King County Target Zero Managers Sara is doing a fantastic job bringing in money for our police department to help keep our community safe through Target Zero and traffic safety. After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to recommend Council accept the Target Zero Teams Community Outreach grant in an amount of $8,000, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. Motion PASSED 3-0. S. Cost Benefit Analysis Presentation - The Vera Institute - Information only Assistant Chief Straus provided an overview. Chief Thomas initially tasked command staff and agency with a goal to find new and innovative ways to increase efficiencies in the department to due to the recession and the proper use of public funds. Debra Leroy, Research & Development Analyst, researched the cost benefit analysis technical assistant program through the Vera Institute. The program provides for training staff on how to do cost benefit analysis, when/how to use it, that will help the city better define where money is spent. Over the past year, many employees have learned this skill. The advantage of this concept is that, not only do you get a cost analysis (which is difficult to do on public policy), but it will also identify downstream social costs. Assistant Chief Straus indicated that Debra Leroy has done a terrific job on this project and has taken the lead on this project for the police department. Debra Leroy presented information on the technical assistance. The City received the technical assistance through the Vera Institute of Justice. Tina Chiu, Director of Technical Assistance and Carl Matthies, a Senior Policy Analyst will make the presentation today. The City formed a workgroup of leaders and decision makers including Dana Ralph, department directors through criminal justice system and a representative from the finance group. From that group a core group of technical users was formed to work with the Vera Institute including Sheila Knapp, Support Services Manager in the Police Department, Kevin Axelson, Police Crime Analyst, and Barbara Lopez, Financial Planning Manager. Carl Matthies presented information on the intelligence lead policing program and talked about the implied range of benefits since 2007. Comparisons were made to neighboring jurisdictions in addition to comparing the years 2007 - 2010 (when intelligence lead policing was in place) to 2004 - end of 2006, a period that Kent did not have intelligence lead policing in place. Public Safety Committee Minutes June 11, 2013 2 3 Councilmember Boyce requested clarification on how comparisons were done. Councilmember Thomas requested clarification regarding population comparisons. Carl provided information regarding monetary costs to the criminal justice system per offense (robbery, residential burglary, motor vehicle theft). Councilmember Ralph asked for clarification regarding the cost per victim vs. the criminal justice system costs. Carl recommended a full cost benefit analysis. Other benefits that might be realized would include increased community cohesion, in addition to a reduced fear of crime. Debra presented information on analysis of jail programs to help control costs and jail population while maintaining public safety. The analysis was done on the supervised work group and took into consideration the costs and benefits, including how program(s) impact the community. A comprehensive cost benefit analysis would consider the total impact of Work Crew to society, not just jail bed days saved. Debra gave credit to Josh Rinaldi from the Vera Institute for all of the work he did on this study. Chief Thomas thanked everyone that participated in the study and indicated that he would like to use CBA to respond to the city council's requested the police department look at programs to see if they have the capacity to take on additional people/programs and what that cost benefit would be. This has been a beneficial analysis. The police department will continue to use this program to help the police department be effective and efficient while still maintaining public safety. Councilmember Ralph thanked everyone involved and indicated that she was impressed with how this process allows departments to monetize the social benefits of their work. Councilmember Thomas asked for clarification regarding the jail population and work crew. Chief Thomas indicated that the city needs to analyze if the city of Kent can be a regional provider for other jurisdictions sending inmates to participate on work crews. Councilmember Boyce asked what the next step is. Chief Thomas indicated they are taking on a project to see if it makes sense for the City to do programs on a regional basis and will report to Council in August. The department will continue to perform crime analysis and may look into hiring an additional crime analyst to have someone working seven days a week. The Chief indicated this is different than predictive policing used by Seattle. He stated that the police department will continue to look at crime and intelligence - visit weekly - and deploy personnel where we see issues. Councilmember Ralph indicated that the grant was for technical assistance to teach our employees how to perform a cost benefit analysis and the work crew and ILP were sample projects. Going forward, we now have the skills to perform an analysis on the program. 6. Interlocal Agreement for Services of Valley Special Weapons and Tactics Team Chief Thomas presented information regarding the Interlocal Agreement between the regional SWAT to formalize the agreement that if the city is called into other jurisdictions we are covered for those services. Councilmember Thomas questioned why Covington and Maple Valley and Sea Tac are not included in the agreement. Chief Thomas indicated that they may contract with King County. Public Safety Committee Minutes June 11, 2013 3 4 After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to recommend the City enter into an Interlocal Agreement for Services of Valley Special Weapons and Tactics Team with terms and conditions acceptable to the police chief and city attorney. Motion PASSED 3-0. 7. Chief's Update — Information Only Chief Thomas updated the committee on issues since his last update. The Department is currently investigating two death investigations. Both victims were targeted, suspects were known to victims and the police department believes that drugs were involved and one case - gang activity is likely. These two incidents are not random acts of violence. The police department continues to stress the importance of prevention through youth programs, and drug prevention programs that intervene and prevent violence before it occurs. Councilmember Boyce asked if the police department relies on other jurisdictions to help investigate. Chief Thomas indicated that the City ensures that the Police Department uses any available resource to ensure that these crimes are properly and thoroughly investigated. Councilmember Boyce indicated that the July gth committee meeting will be cancelled, the next committee meeting will be August 13th and National Night Out is scheduled for August 6tn Councilmember Thomas recognized that Assistant Chief Bourne will be retiring this month and will be greatly missed. Adiournment Councilmember Boyce adjourned the meeting at 6:25 p.m. Kim A. Komoto Public Safety Committee Minutes June 11, 2013 4 5 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 13, 2013 TO: Public Safety Committee SUBJECT: Contract/Bennett Group - Civility Training MOTION: Move to recommend Council authorize the Mayor to sign a contract with the Bennett Group, in an amount not to exceed $10,500 for police department training on workplace civility as well as workplace bullying prevention and intervention issues and strategies, subject to final terms and conditions acceptable to the city attorney and police chief. SUMMARY: The Bennett Group will provide training to the Kent police department employees and supervisors for strengthening workplace civility as well as workplace bullying prevention and intervention issues and strategies. There will be 11 training sessions at a total cost of $10,500. The last training session will be held on November 1, 2013. Exhibit: Contract Budget Impact: None - Included in the current budget. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Bennett Group THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bennett Group organized under the laws of the State of Washington, located and doing business at 23718 S.E. 281't Street, Maple Valley, WA. 98038 (425) 433-0840 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Training will be provided to the Kent Police Department educating employees and supervisors on strengthening workplace civility as well as workplace bullying prevention and intervention issues and strategies. Additional details on Exhibit A, attached and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I By November 15, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $10,500, including Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit a one-time payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 7 an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 8 VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 9 XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) io the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Michelle Bennett Chief Ken Thomas Bennett Group City of Kent Police Department 23718 S.E. 281st Street 220 Fourth Avenue South Maple Valley, WA 98038 Kent, WA 98032 (425) 433-0840(telephone) (253) 856-5800(telephone) Email: mdb03@comcast.net APPROVED AS TO FORM: Kent Law Department P:\Civil\Fles\Open Files\0133-2013-Police General\Bennett Consul�ntservicesagreement-Over1DK.Doc CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 2013. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 12 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 13 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20__. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 14 Training will be provided the Kent Police Department in order to educate employees and supervisors about strengthening workplace civility as well as workplace bullying prevention and intervention issues and strategies. Proposed Workplace Civility-and Bullying Training Sessions • Initiation, development and preparation of updated curriculum (multiple dates) and travel time: 4.5 hours (included at no cost). • Kent Police will print handouts for attendees(handout included in previous e-mail). • Training/Meetings for employees and supervisors: May 13a', 20a`, and 21s`,2013: 4 hours: Phone Meetings with individual members of the Kent Police Department. • August 30"',2013: 0900-1200, 3 hours: Manager's Training • September 6,2013: 1400-1800, 4 hours: Supervisor's Training • September 13a`, 2013: 0800-1200, 4 hours: Training of Civilian Staff and Commissioned September 13`i',2013: 1600-2000, 4 hours: Training of Civilian Staff and Commissioned • October 18th, 2013: 0800-1200, 4 hours: Training of Civilian Staff and Commissioned • October 25t',20-13: 0800-1200,4 hours: Training of Civilian Staff and Commissioned October 25''-2013: 1600-2000 hours: 4 hours: Training-of Civilian Staff and Commissioned • November 1",2013:0800-1200, 4 hours: Training of Civilian Staff and Commissioned • Total hours and cost= 35 hours: $10,500 due after November training. ® Training will include up to 30 minutes at the end of the training session for command staff.comments and a command staff and instructor question and answer session. Additionally, training sessions will consist of a 10 minute break after each 50 minutes of training. 15 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 16 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 17 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 13, 2013 TO: Public Safety Committee SUBJECT: King County Sheriff's Office Cost Reimbursement Agreement MOTION: Move to recommend the Mayor sign the Cost Reimbursement Agreement with the King County Sheriff's Office in the amount of $73,912.60, for the purpose of verifying the address and residency of registered sex and kidnapping offenders, with terms and conditions acceptable to the city attorney and police chief. SUMMARY: The City of Kent Police Department and King County Sheriff's Office have agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders. This agreement is for the purpose of reimbursing the City for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face-to-face verification of registered sex and kidnapping offender's address at the place of residency. In the case of: • Level I offenders, once every twelve months • Level II offenders, once every six months • Level III offenders, once every three months This contract will cover detective/officer overtime to verify sex registrant addresses for a maximum amount of $73,912.60 for a project period ending June 30, 2014. Exhibit: Cost Reimbursement Agreement Budget Impact: None. is Cost Reimbursement Agreement Executed By King County Sheriff's Office, a department of King County, hereinafter referred to as "KCSO," Department Authorized Representative: John Urquhart, Sheriff King County Sheriff's Office W-150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Kent Police Department, a department of King County, hereinafter referred to as ""Contractor," Department Authorized Representative: Suzette Cooke, Mayor 220 4t' Avenue South Kent, WA 98032 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders; and WHEREAS, the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE, the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated 19 Cost Reimbursement Agreement with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eight(8) Articles: ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1, 2013 and shall end on June 30, 2014 unless terminated earlier pursuant to the provisions hereof. ARTICLE IL DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face-to-face verification of a registered sex and kidnapping offender's address at the place of residency. In the case of • level I offenders, once every twelve months. • of level II offenders, once every six months. • of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant-related expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is the Offender Watch generated"Advanced Verification Request Report"that the sex or kidnapping offender completes and signs during a face-to-face contact. "Exhibit B" is an "Officer Contact Worksheet" completed in full by an officer/detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2013. Page 2 of 5 August 6,2013 20 Cost Reimbursement Agreement Quarterly progress reports shall be delivered to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 Phone: 206-263-2122 Email: tina.keller@kingcounty.gov ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCSO by the 10t' of the month following the billing period. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual's' time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed, that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1. For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods; and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Any non-overtime related expenditures must be pre-approved by KCSO. Your request for pre-approval must include: 1) The item you would like to purchase, 2) The purpose of the item, 3) The cost of the item you would like to purchase. You may send this request for pre-approval in email format. Requests for reimbursement Page 3 of 5 August 6,2013 zi Cost Reimbursement Agreement from KCSO for the above non-overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor's invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. Requests for reimbursement must be sent to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 Phone: 206-263-2122 Email: tina.keller@kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Seventy Three Thousand Nine Hundred Twelve Dollars and Sixty Cents ($73.912.60). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2014 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C" is a"Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony "Failure to Register as a Sex Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating circumstances the witness is incapable of writing out their own statement,the contacting officer/detective will have the witness write and sign the statement in their own handwriting to contain, verbatim, the information on the witness form. ARTICLE VI. FILING NON-DISCOVERABLE FACE SHEET "Exhibit D" is the "Filing Non-Discoverable Face Sheet." This form shall be attached to each "Felony Failure to Register as a Sex Offender" case that is referred to the King County Prosecuting Attorney's Office. ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING Funds may not be used to supplant(replace) existing local, state, or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Page 4 of 5 August 6,2013 zz Cost Reimbursement Agreement Overtime - To meet this grant condition, you must ensure that: • Overtime exceeds expenditures that the grantee is obligated or funded to pay in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. • Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant ARTICLE VII. AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. Kent Police Department KING COUNTY SHERIFF'S OFFICE Suzette Cooke, Mayor John Urquhart, Sheriff Date Date Page 5 of 5 August 6,2013 23 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 13, 2013 TO: Public Safety Committee SUBJECT: Public Works Contract/North Star Construction and Environmental - Firing Range Repairs MOTION: Move to recommend Council authorize the Mayor to sign a contract with North Star Construction and Environmental for repairs to the Kent Police Department firing range, in an amount not to exceed $49,767.75, subject to terms and conditions acceptable to the police chief and city attorney. SUMMARY: North Star Construction and Environmental will perform repairs and maintenance of the firing range in order to remove any hazardous materials. Work will include disposing of contaminated: ceiling baffles, framework and damaged ceiling and wall sound isolation foam in the areas around the bullet trap in addition to four sets of damaged cross support rails and assemblies for the target carriers. The contractor will also build and install new ceiling baffle sets, ceiling and wall sound isolation foam in addition to building and installing cross support rails and connector assemblies. Finally, the contractor will clean the range, hallway, control room and cleaning area. Exhibit: Contract Budget Impact: None - Included in the current budget. 24 KENT PUBLIC WORKS AGREEMENT between City of Kent and North Star Construction and Environmental THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and North Star Construction and Environmental, organized under the laws of the State of Washington, located and doing business at 420 142nd Street S.E., Everett, WA. 98208, (425) 787-6271, Kurt Schonewald (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: The contractor will remove and dispose of the following: 1. The four sets of the suspended ceiling baffles and frame work closest to the trap. 2. The damaged ceiling and wall sound isolation foam in the overhead space closest to the trap. 3. The four sets of damaged cross support rails and connector assemblies for the target carriers. The contractor will build and install four new suspended ceiling baffle sets, to current specifications, install new ceiling and wall sound isolation foam and build and install four sets of cross support rails and connector assemblies. The contractor will then clean the range, hallway, control room and cleaning area, via wipedown and vacuum. See Exhibit A dated 06/18/13. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by September 30, 2013 at 2359. PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$50K, and Performance Bond) 25 III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Forty-Nine Thousand Seven Hundred Sixty-Seven dollars and Seventy-Five cents ($49,767.75), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Over$10K, under$50K, and Performance Bond) 26 B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the PUBLIC WORKS AGREEMENT - 3 (Over$10K, under$50K, and Performance Bond) 27 bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; PUBLIC WORKS AGREEMENT - 4 (Over$10K, under$50K, and Performance Bond) 2s 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, PUBLIC WORKS AGREEMENT - 5 (Over$10K, under$50K, and Performance Bond) 29 discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. PUBLIC WORKS AGREEMENT - 6 (Over$10K, under$50K, and Performance Bond) 30 A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$50K, and Performance Bond) 31 I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Kurt Schonewald Christopher Sprague North Star Construction and Environmental City of Kent 420 142nd Street S.E. 220 Fourth Avenue South Everett, WA 98208 Kent, WA 98032 (425) 787-6271 (telephone) (253) 856-5857 (telephone) (253) 856-6330 (facsimile) APPROVED AS TO FORM: Kent Law Department PUBLIC WORKS AGREEMENT - 8 (Over$10K, under$50K, and Performance Bond) 32 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20__. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 33 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 34 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20__. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 35 EXHIBIT B INSURANCE REQUIREMENTS FOR RANGE WORK Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $1,000,000 per occurrence and in the aggregate for each 1 year policy period. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Pollution Leaal Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 36 EXHIBIT B (Continued) 1. Commercial General Liability insurance shall be written with minimum limits of $1,000,000 per occurrence and in the aggregate for each 1 year policy period. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Pollution Leaal Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 37 EXHIBIT B (Continued) D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 38 '✓ K 1�T PAYMENT AND PERFORMANCE BOND TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. PAYMENT AND PERFORMANCE BOND Page 1 of 2 39 TWO WITNESSES: PRINCIPAL (enter principal's name above) BY: TITLE: DATE: DATE: CORPORATE SEAL: PRINT NAME DATE: SURETY CORPORATE SEAL: BY: DATE: TITLE: ADDRESS: CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY a\OvAF,ms\c,maar.Release.\Peno,m,n,,B,ne.mc PAYMENT AND PERFORMANCE BOND Page 2 of 2 40 This page intentionally left blank. 41 LAW DEPARTMENT 40 Arthur "Pat" Fitzpatrick, Acting City Attorney Phone: 253-856-5781 KENT Fax: 253-856-6770 WASHING70N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 13, 2013 TO: Public Safety Committee SUBJECT: Ordinance amending KCC 9.02 "Criminal Code," establishing the crime of"menacing." MOTION: Move to recommend adoption of the ordinance amending Chapter 9.02 of the Kent City Code, entitled "Criminal Code," by adding a new Section 9.02.295 entitled "Menacing," that establishes the crime of menacing. SUMMARY: Current Washington case law regarding the crime of stalking limits the charging of that crime to instances where a suspect's actions places another in reasonable fear of harm, and the suspect's conduct is "repeated" this it, it occurs on two or more separate occasions. The city of Kent prosecutor's authority has encountered facts where a suspect's actions fall short of the crime of stalking, only because his or her behavior is continuous and not divided into two or more separate occasions. These are not instances of merely one person following another, but are situations where a suspect's behavior and/or actions does place one or more person another in reasonable fear of harm. This amendment will add a section to the Kent City Code defining "follows" in addition to indicating that the violation is a misdemeanor with a maximum penalty of 90 days in jail and a one thousand dollar fine. Exhibit: Ordinance Budget Impact: None 1 42 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new Section 9.02.295 to the Kent City Code, entitled "Menacing". RECITALS A. Washington case law regarding the crime of stalking (RCW 9A.46.110) limits the charging of that crime to instances where a perpetrator's actions place another in reasonable fear of harm, and the perpetrator's conduct is "repeated" that is, it occurs on two or more separate occasions (RCW 9A.46.110(6)(e)). B. The city of Kent prosecutor has encountered facts where a perpetrator's actions fall short of the crime of stalking only because his or her behavior is continuous and not divided into two or more separate occasions as is required by that statute, but are no less threatening to the alleged victim(s). C. This ordinance will make it unlawful stalking-like behavior that is intended by the perpetrator to place the victim(s) in reasonable fear of harm when the perpetrator engages in the activity over the course of one continuous event. 1 Amend KCC 9.02 Ordinance 43 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - New Section. Section 9.02.295, "Menacing," is added to Chapter 9.02 to read as follows: Sec. 9.02.295. A person is guilty of the crime of menacing when he or she intentionally follows or surveils another person and/or engages in a course of conduct that is intended to place a person in reasonable fear of bodily injury as that phrase is defined in RCW 9A.04.110. "Follows", as used in this section, means deliberately maintaining visual observation and/or physical proximity of a specific person or persons over a continuous period of time. Violation of this section is a misdemeanor, the maximum penalty of which is ninety (90) days in jail and a one-thousand dollar ($1,000.00) fine. SECTION 2. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this 2 Amend KCC 9.02 Ordinance 44 ordinance and that remaining portion shall maintain its full force and effect. SECTION 4, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 2013. APPROVED: day of 2013. PUBLISHED: day of 2013. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\Menacing 9.02.Wcx 3 Amend KCC 9.02 Ordinance 45 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 13, 2013 TO: Public Safety Committee SUBJECT: Cumulative Grant Donations to the Youth Conference and Drinking Driver Task Force Funds MOTION: Move to recommend Council authorize the Mayor to accept the current Youth Conference Donation fund balance of $34,333, and the Drinking Driver Task Force fund balance of $13,163, authorize amending the budget and expenditure of the funds in accordance with the grant terms and conditions acceptable to the police chief and city attorney. SUMMARY: The city of Kent Police Department receives donations for both the Youth Conference and Drinking Driver funds throughout the year. The donations range from $40 to $2,500. The current balance in the Youth Conference Fund is $34,333. The current balance in the Drinking Driver Fund is $13,163. Since the donations received into these two accounts have not previously been approved and accepted by the council and the combined total exceeds $5,000, the police department desires to seek approval and acceptance to maintain compliance with current finance department requirements. Exhibit: None Budget Impact: 46 This page intentionally left blank. 47 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 13, 2013 TO: Public Safety Committee SUBJECT: Washington Auto Theft Prevention Authority Grant MOTION: Move to recommend Council authorize the Mayor to accept the Washington Auto Theft Prevention Authority grant award in the amount of $1,614,100, authorize amending the budget and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the city attorney and police chief. SUMMARY: The biennium Washington Auto Theft Prevention Authority (WATPA) grant was awarded to Prevent Auto Theft through the Regional Operational Links (PATROL) Task Force. The grant was submitted by the Federal Way Police Department, and the Kent Police Department will be the fiscal manager for the funds. The PATROL Task Force is comprised of South King County law enforcement agencies, the King County Prosecutor's Office, and two North Pierce County police agencies. The grant will fund personnel and equipment for the PATROL Task Force. The award will be divided evenly for each of the two grant years. The award is funded by $10 of every traffic citation across the state which has been directed to WATPA. The award period is July 1, 2013 through June 30, 2015. Exhibit: WATPA award letter to Federal Way, Dated July 15, 2013 Budget Impact: The funds are awarded on a reimbursement basis, so there is no budget impact. 48 WASHINGTON AUTO THEIT PREVENTION AUTHORITY WASHFNGTON ASSOCIATION OF SHERIFFS AND POi,iCF.CHIEFS 3060 Willamette Drive NE,Suite 101—Lacey,WA 99516—Phone:(360)292-7900—Fax:(360)292-7269—Website:http://watpa.waspe.org "Preventing and reducing motor vehicle thefts in the State of Washington." w a i i � gar ii 6mhrnlcr AUWiMil Pnro9mn Aulna II'e July 15, 2013IAlmrmnmll m+ Chief Brian Wilson Federal Way Police Department 33325 8th Ave. S Federal Way, WA 98003 Dear Chief Wilson: I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board of Directors has approved the Federal Way Police Department's grant application for funding the PATROL task force for the July 1, 2013-June 30, 2015 biennium in the amount of$1,614,100.00. Please know that the WATPA Board has discontinued funding of bait car programs. Enclosed is an award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon as possible. WATPA funds cannot be reimbursed until the signed agreement is received. Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Your agency will be reimbursed for actual expenses only up to the limit of the award categories. All grant applicants are required to submit a non-supplanting declaration to WATPA before funding requests will be processed. After October 15,2013 reimbursement requests by grant recipients will only be processed upon receipt of current quarterly reports by the WATPA office. An updated quarterly report will be available on the WATPA website after September 15,2013. If you have any questions,please contact me at 360-292-7959 or via e-mail at mpainter(awvaspc.ore. Sincerely, i Michael Painter, Executive Director Washington Auto Theft Prevention Authority IPmhinginn Anfn%hHmrnifnn AWI M(, JOHN HA'I'IS'I'E EN IL UAhIh1 EI, HARVEYG.IESDAL KEN HORENRERG RICKSCOTT '.. Chief IFASM,Pnftl hrs.n'nnce ly Chle/-Kermnelek .SherlJf-Grupe Har6o, VACANT HITCH HARKER RANSATTERBERG BOB LEE NERLEPFIEFER ".. Genernl RAhc ru1110la Dillow,-➢A•SPC Prmmvifil,Aunn,,-KingCmmry• Chlr(-Auburn Aww,mblk%nd.11 MICHAEL PAINTER ¢readh•a DVenor IPATPA 49 AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY A UTO THEFT PREVENTION GRANT PROGRAM AWARD SHEET 1, Award Recipient Name and Address: 2. Contact: Brian Wilson Federal Way Police Department Title: Chief 33325 8th Ave. S Telephone: 253-835-6701 Federal Way,WA 98003 3. Project Title 4. Award Period: PATROL Task Force 07/01/2013—06/30/2015 5. Grant No: 6. Funding Authority: 13-15 WATPA 004 WASHINGTON AUTO THEFT PREVENTION AUTHORITY 7, Amount Approved: 8. Service Area: $1,614,100.00 King/Pierce Counties 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested Agency Funds WATPA Funding (If any) Approved A. Personnel 1,263,613,00 206,485.00 1,032,432.00 B. _ Employee Benefits 548,176.00 62,371 .00 444,292.00 Overtime (not to exceed 2% C. of grant request) 39,450.00 0.00 28,946.00 D. Consultants/Contracts 7,400.00 0.00 4,000.00 E. Travel/Training 29,175.00 500.001 20,000.00 F. Other Expenses 79,930.00 22,000.00 68,430.00 G. Equipment/Technology 3,200.00 0.001 0.00 H. Public Outreach 16,000.00 0.001 16,000.00 FINAL 1 1,986,944.001 291,356.00 1,614,100.00 50 AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO TIIEFT PREVENTION AUTHORITY AUTO THEFT PREVENTION GRANT PROGRAM AWARD SHEET IN WITNESS WHEREOF,the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. WATPA RECIPIENT Name/ Michael Painter Name/ Title WATPA, Executive Director Title Date: 07/15/2013 Date: 51 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 13, 2013 TO: Public Safety Committee SUBJECT: State Farm Grant - Illegal Street Racing Enforcement MOTION: Move to recommend authorizing the Mayor accept the State Farm Grant, in the amount of $3,750, for implementation of an illegal street racing enforcement operation, authorize amending the budget and expenditure of the funds in accordance with the grant terms, subject to approval of the city attorney and police chief. SUMMARY: The city of Kent Police Department applied for and was awarded a grant to support the prevention of illegal street racing projects in the City. The grant award was for $3,750. Exhibit: Grant award letter, dated July 17, 2013. Budget Impact: Unanticipated income. 52 TM I July 17,2013 I Kent Police Department Attn: Sara Wood i Target Zero Manager 220 Fourth Avenue South Kent,WA 98032 i pear Sara Wood; Enclosed is the check for$3,750.00 to support your organization. We are happy to help your support the Prevent Illegal Street Racing Project and wish you the best of luck. Please complete the enclosed acknowledgment form indicating our charitable contribution was received by your organization and whether any goods or services were provided to State Farm in return for this contribution. Please return your signed form in the envelope provided by August 18,2013,A delay in returning this form may affect future consideration of contributions to your organization.This form will confirm, in writing,that you received our contribution, according to the 1993 Tax Act. Thank you for your cooperation. Sincerely, i Ty Cordova,Public Affairs Specialist TC/sj Enclosure I i 53 FIRE PREVENTION DIVISION � Jon Napier, Fire Marshal KENT Phone: 253-856-4400 w^ ° ° Fax: 253-856-6400 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 13, 2013 TO: Public Safety Committee SUBJECT: Post Fourth of July Report - Information Only MOTION: INFORMATION ONLY SUMMARY: Jon Napier, Division Chief/Fire Marshall, will present a post fourth of July report. Exhibit: None Budget Impact: None 54 This page intentionally left blank. 55 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 w^ ° ° Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 13, 2013 TO: Public Safety Committee SUBJECT: Post National Night Out Report — Information Only MOTION: INFORMATION ONLY SUMMARY: Sara Wood, Public Education Specialist with the Police Department, will present a post National Night Out report. Exhibit: None Budget Impact: None 56 This page intentionally left blank. 57 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 w^ ° ° Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 13, 2013 TO: Public Safety Committee SUBJECT: Chief of Police Update INFORMATION ONLY SUMMARY: Ken Thomas, the city of Kent Police Chief, will provide an update including police department staffing and the Alive and Free gang prevention and intervention program. Exhibit: None Budget Impact: None