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40 KENT CITY COUNCIL AGENDAS
1k June 16 2015
wv . . `�..40.�✓ Council Chambers
Mayor Suzette Cooke
Council President Dana Ralph
Councilmember Jim Berrios Councilmember Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Deborah Ranniger Councilmember Les Thomas
*********************************************************************
COUNCIL WORKSHOP AGENDA
5 P.M.
Subiect Speaker Time
Bond Refunding Opportunities Aaron BeMiller 30 min
Code Enforcement Ben Wolters/ Victoria Robben 60 min
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
4. PUBLIC COMMUNICATIONS
A. Historical Note from Kent's 125th Year Anniversary
B. Public Recognition
C. Community Events
D. Public Safety Report
E. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT - Please state your name and address for the record. You
will have up to three (3) minutes to provide comment. Please address all
comments to the Mayor or the Council as a whole. The Mayor and Council
may not be in a position to answer questions during the meeting. For more
details regarding the public comment process, please refer to the section
titled, "Public Comments," on the reverse side.
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshop — Approve
B. Payment of Bills - Approve
C. Excused Absence for Councilmember Deborah Ranniger — Approve
D. Excused Absence for Councilmember Bill Boyce - Approve
E. Cheema Short Plat Sensitive Areas Release — Authorize
F. Sunnfjord Plat Bill of Sale — Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
G. Hyas Group Consultant Services Agreement Renewal - Authorize
H. Fiscal Year 2014 Edward Byrne Memorial Justice Assistance Grant —
Authorize
I. WTSC ILA — Target Zero Manager — Authorize
J. WTSC MOU — Distracted Driving Enforcement — Authorize
K. Massage and Reflexology Services Ordinance — Adopt
L. SE 240th Slope Street Stabilization and Pavement Restoration Project —
Accept as Complete
8. OTHER BUSINESS
9. BIDS
A. Central Avenue S. Pavement Preservation and Utility Improvements —
Award
B. 2015 Asphalt Overlays — Award
C. SR 516 to S 231st Way Levee Improvements Project - Award
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(c)
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office. The Agenda Summary page and complete packet are on the website at
KentWA.gov
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at 253.856.5725. For TDD relay service, call the Washington
Telecommunications Relay Service at 1.800.833.6388.
COUNCIL WORKSHOP
1) Bond Refunding Opportunities, Aaron BeMiller
2) Code Enforcement, Ben Wolters / Victoria Robben
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A) Historical Note from Kent's 125th Anniversary
B) Public Recognition
C) Community Events
D) Public Safety Report
E) Intergovernmental Reports
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A — 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through L.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular council meeting of June 2
2015.
7B. Approval of Bills:
Approval of payment of the bills received through May 15 and paid on May 15
after auditing by the Operations Committee on June 2 2015.
Approval of checks issued for vouchers:
Date Check Numbers Amount
5/15/2015 Wire Transfers 6251 - 6266 $1,895,329.07
5/15/2015 Regular Checks 692913 - 693233 $1,301,751.00
Void Checks ($0.00)
5/15/2015 Use Tax Payable $2,031.81
$3,199,111.88
Approval of checks issued for payroll for May 1 through May 15 and paid on May
20 2015:
Date Check Numbers Amount
5/20/2015 Checks $0.00
Voids and Reissues
5/20/2015 Advices 345886 - 346731 $1,411,644.53
$1,411,644.53
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�✓ �C N T KEN "
Kent City Council Workshop Minutes
June 2, 2015
The workshop meeting was called to order at 5:03 pm by Council President Ralph.
Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, and Thomas.
Regional Animal Services of King County — Jeff Watling, Parks, Recreation and
Community Services Director highlighted the background of the current five-year
agreement which expires at the end of this year. Twenty-five cities are currently
serviced by King County and they agreed to extend the contractfortwo years.
Additionally, he noted that the City's cost is consistent through 2017 and the
extension agreement is on the regular Council meeting consent calendar tonight. He
pointed out that jurisdictions have been meeting to consider a sub-regional animal
control services after the two year period is over, but the main hurdle is sheltering.
He pointed out that the City's code needs minor revisions in three areas; 1) authority,
2) clarifying the leash law, and 3) revisions to the poop scoop law.
Councilmember Boyce confirmed that the twenty-five cities which formed a group did
a great job working and getting this extension completed. He further confirmed that
the two-year extension was the compromise that all the agencies came to when
determining the length of the extension.
Council President Ralph agreed that the leash law does need to be addressed.
City Attorney Tom Brubaker confirmed for Council President Ralph that proposed
revisions to the City's leash laws would be coming to the Council at a later date.
Communications Strategy — Michelle Wilmot, Community and Public Affairs
Manager handed out a draft of the City's Communications Plan, presentation, and a
snapshot of the City's monthly activities. She thanked the Councilmembers for the
opportunity to present this to them. She communicated the current situation and the
current tools the City currently utilizes. Wilmot noted that the City's website had over
2.2 million page views last year and over900,000 people visited the City's website.
She highlighted how and where news releases and newsletters get distributed. She
communicated that media relations training needs to be given to all employees. She
communicated that there are over 17 City Facebook accounts with over 9,284
Facebookfollowers and two Twitter accounts with 5,956 followers. She noted that the
City also have YouTube and Vimeo accounts where the City posts many video
productions with 10,002 views. She discussed the various ways people can sign up to
receive updates and briefly reviewed TV21. Wilmot noted that the City has generally
low public engagement and explained methods for increasing engagement. She noted
that the City's website hasn't been updated since 2009 and the typical life of a
website is four years. Wilmot continued and discussed the eAlert system which isn't
functioning and has no current vendor support. She communicated that there are 3.2
million Facebook accounts in King County and 1.9 million (59 percent) of them are in
Seattle, Bellevue, and Kent. Wilmot discussed several initatives that are being
considered such as having an application for residents to report issues immediately,
Kent City Council Workshop Minutes
to be able to stream meetings on all hand-held devices, the rebranding of TV21, and
upgrading the Council Chamber.
Councilmember Boyce discussed the City's website and improvements. He felt that
the first page should highlight what attracts people to Kent. He also noted that there
isn't anything mentioning the City's 125thAnniversary on the website.
Councilmember Fincher discussed the use of QR codes. Wilmot responded that there
isn't a charge to use them and noted that they have been used in the past and can be
used more.
Council President Ralph noted that it is 2015 and the website should be easier to use.
Councilmember Berrios stated that the City's website needs to be engaging and said
the numbers concerning the number of views don't mean anything. He said there
comparisons to other cities need to be done.
Councilmember Berrios felt the City needs to backup, lookwhat's out there, decide
what it wants, and implement it.
Wilmot responded to Council President Ralph that there should be prioritization, to
include some training initially and communication coming from the leadership that this
is a priority.
Councilmember Higgins noted that he is very interested in a City survey. He added
that maps need to be implemented on the site. He added that a site for building
permits needs to be created. He expressed concerns with the number of Facebook
accounts the City has. Additionally, he felt that revising the job descriptions and
adding website related duties to them is important. He stated that the City should
stop doing things that are counterproductive to communications.
Councilmember Boyce thanked the Communications Team.
Information and Technology Director Mike Carrington stated that the technology and
content needs to be updated and refreshed. The website is only as good as the
information put on it. He felt it must be a priority for staff and the leadership must
acknowledge that. He stated that the Web Content Managementteam will need to be
revamped. Additionally, the ability to keep the information fresh and up-to-date is
very critical.
Councilmember Fincher communicated that there is information available on the
website. However, there is a need to have this information easier to find.
Meeting adjourned at 6:38 pm.
Ronald F. Moore, MMC
City Clerk
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KENT &
Kent City Council Meeting Minutes
June 2, 2015
The regular meeting of the Kent City Council was called to order at 7:02 p.m. by
Mayor Cooke.
Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, and Thomas.
CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF.
Chief Administrative Officer Derek Matheson added that under Public Communications
there will be a historical note for the City's 125th Anniversary and a Proclamation for
Juneteenth.
PUBLIC COMMUNICATIONS
A. City of Kent 125th Anniversary Historical Note - Mayor Cooke discussed Kent's
businesses in 1900s. She highlighted the growth of the City's business district in the
early 1900s. She highlighted that the Board of Trade was re-instituted and reached
new heights. Furthermore, she noted that an outside journalist called the City of Kent
the metropolis of the White River Valley. She continued and noted the establishing of
committees for new industry, transportation, legislation, public improvement, finance,
publicity, entertainment, and amusement. She pointed out that no less than seven
new brick buildings were built in downtown Kent prior to 1907.
B. Public Recognition - Council President Ralph congratulated the City's graduates.
She noted that there are several graduation ceremonies going on at the ShoWare
Center in the next few weeks.
Councilmember Fincher thanked the attendees and volunteers at the Kent
International Festival.
Mayor Cooke communicated that the event is done by volunteers and this is the first
year there were three stages. She thanked Councilmembers and businesses that
supported it with sponsorships. She highlighted the food booths and that the event
was a success.
C. Proclamation for National Trails Day - Mayor Cooke read the National Trails
Day Proclamation and presented the proclamation to Jeff Watling, Parks, Recreation
and Community Services Director. Watling communicated that the event will be at
Clark Lake Park on Saturday, June 6. He noted that people who wish to volunteer can
register on the website or call the department.
D. Proclamation for Juneteenth - Mayor Cooke read the Proclamation for
Juneteenth and presented the proclamation to Gwen-Allen Carston, Executive Director
of the Kent Black Action Commission. Mayor Cooke proclaimed that June 19 was
Juneteenth Day in the City of Kent. Allen-Carston announced the Juneteenth event on
June 20 at Morrill Meadows Park.
Kent City Council Meeting Minutes
E. Community Events - Mayor Cooke communicated that the Kent Downtown
Partnership event will be this Friday at the ShoWare Center. She also pointed out that
Theresa Caputo, "The Long Island Medium" will be at the ShoWare Center on June 7.
Additionally, Allegro Arts Academy will be having their showcase event on June 17, 18,
and 19. The Bee Gees, she announced, will be at the ShoWare on June 26 and Bikes,
Brews, and Tattoos will be on June 27, an event by Harley Davidson. The Beatles
tribute band will be performing on June 28 and a Roller Derby Championship event is
on June 20.
F. Economic and Community Development Report - Economic and Community
Development Director Ben Wolters communicated that the Burgeoning International
Shopping Center is coming soon to Kent. It will feature an Indian grocery, Halal Meat
Market, an Indian restaurant, a Mediterranean restaurant, a boutique and dress shop,
a Bollywood radio station, a travel agency, language instruction, CPAs and attorney
offices, and a revamped event hall. He communicated that the Pie Lab will be opening
next to Trader Joe's by former Kent science teacher, Susan Ferguson. He also noted
that The Habit Burger Grill and Cafe Rio Mexican Grill will also be located in the same
mall with Trader Joe's and Sports Authority and scheduled to open in the fall of 2015.
He announced that Wingstop and Agave will be opening this Thursday. He discussed
the IT Meetups going on at the Green River College and explained that they are
networking events that bring IT and web developers to Kent from neighboring towns.
Wolters noted that Amazon and other companies will be present at the next Meetup
event for recruiting purposes on June 11 and the one following that is on June 24.
Wolters communicated that there was an article that ranked the top 99 suburban cities
of the Seattle metro area for young professionals and Kent wasn't on the list. Wolters
said he inquired with the magazine and they told him that Kent is not considered a
suburban city, but is a principal city ranked in the top 5 in the Seattle area. He stated
that Kent is the third largest city in King County and that the magazine, Niche, gave
Kent a grade of "B".
Councilmember Higgins thanked Wolters for the information from Niche.
Mayor Cooke verified with Wolters that the new business center would be called an
international shopping center, but the specific name of the area is tentative. She also
noted that there will be a latino radio station located in downtown Kent.
Wolters noted that the Amazon facility is almost complete and they will be taking
possession of the facility soon.
G. Intergovernmental Reports - Council President Ralph communicated that she
attended the Regional Law Safety and Justice Committee meeting and the topic was
Race and Social Justice. She noted that the first speaker was the Highline School
District Superintendent and they are working on eliminating out of school suspensions
in the district. She added that students who were previously suspended and sent home
are now receiving in-school suspensions. However, she stated that there have been 88
out of school suspensions for marijuana use and possession this year. She added that
the new Director of the King County Public Defender's Office and the former director
Dave Chapman who reported on their work with the King County Executive's Office on
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Kent City Council Meeting Minutes
race and equity planning for juvenile justice in King County. She added that she will be
attending the Transportation Policy Board meeting next week.
Councilmember Higgins communicated that the Sound Cities Association Board of
Directors appointed Chad Bieren, City Engineer to the Regional Project Evaluation
Committee. This committee, he said, determines how federal funds get distributed to
the Puget Sound Regional Council and it is important that Kent be heard on that
committee to reiterate to our regional and national partners how critical the
infrastructure is here in Kent to the regional and national economies. At the King
County Regional Transit Committee meeting there was discussion about the Metro's
work on alternative service plans, he said, which they are doing in several cities in the
County. He added that they have created a group called the Southeast King County
Region to discuss the service plans in that area, but Kent isn't included in the group.
He communicated that the reasoning is because they are replacing some routes in
along the Maple Valley Highway and the Auburn/Enumclaw Highway that were
previously cut. He noted that Monica Whitman, Transit Planner has been discussing a
Kent specific alternative route plan. Finally, he noted at the Regional Transit
Committee a proposed study for integration between Sound Transit with Metro service
was discussed. However, he stated that in that proposed study there were several
stops that were studied for consolidation. However, the new Highline Community
College link light rail station wasn't included in the study and he informed them that it
should be.
Councilmember Fincher communicated that King Conservation District has $650,000 in
grant money for the distribution of food in King County. She stated that larger food
distribution strategies will be investigated and applications will be taken next
Thursday. The goal is to fund projects that will aid in the distribution of nutritionally
dense food.
Councilmember Boyce stated that the next Sound Cities Association Public Issues
Committee meeting is June 10.
PUBLIC HEARING
None.
PUBLIC COMMENT
Mayor Cooke verified that the Kent Farmers Market begins this Saturday from 9 am-12
noon at Town Square Plaza, across from the library.
1. Richard Wilkinson, Kent - Wilkinson spoke on behalf of the Neighborhood Council
Program. He stated that Toni Azzola does a fantastic job and thanked her for her
support. He stated that Councilmember Boyce attended and he answered some
questions at their last meeting. He invited all Councilmembers to attend the
neighborhood council meetings and thanked City Attorney Victoria Robbin and the City
Code Enforcement Officer Doug Garrett who attended.
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Kent City Council Meeting Minutes
2. Leslie Hamada, Kent - Hamada spoke on behalf of Kent Hope. She stated that
165 women and children have been transitioned out of homelessness. She stated that
there needs to be a shelter in the City. She challenged the Council to work with Kent
Hope to find a location for an all-day shelter for the men and women.
CONSENT CALENDAR
Council President Ralph moved to approve Consent Calendar Items A through
K, seconded by Councilmember Thomas. Motion carried 6-0.
A. Approval of the minutes — Approve. The minutes of the workshop and regular
council meeting of May 19 2015 were approved.
B. Payment of Bills — Approve. Bills received through April 30 and paid on April 30
after auditing by the Operations Committee on May 19, 2015.
C. Excused Absence for Councilmember Deborah Ranniaer - Approve. An
excused absence for Councilmember Ranniger as she is unable to attend the City
Council meeting of June 2, 2015.
D. Transportation Impact Fee Annual Adiustment Ordinance — Adopt. The
Council was authorized to adopt Ordinance No. amending the economic index for
annual adjustments to the City's transportation impact fee.
E. Central Avenue South Improvements Federal Grant — Accept. The Mayor was
authorized to accept a Federal Grant in the amount of $1,500,000 for the Construction
Phase of the Central Avenue South Pavement Preservation Project and direct staff to
establish a budget for the funds, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
F. Economic & Community Development Reoraanization Ordinance and
Motions — Adopt and Authorize. Adopt Ordinance No. 4154, amending Chapter
2.30 of the Kent City Code, entitled "Economic and Community Development
Department" by clarifying the structure of the Economic and Community Development
Department, including the authority of the department's director, to conform with the
authorization and structure established by Council for other city departments.
The Council recommended to adopt and establish the positions of Deputy Economic
and Community Development Director, Building Services Manager, and Current
Planning Manager, as described in the job descriptions created for those positions, to
authorize the salary ranges recommended for those positions, and to adjust the
budget accordingly.
The Council was authorized to fill as soon as possible in the 2015 calendar year the
positions of Planner, Administrative Secretary 1, and Office Tech 3, all of which were
authorized to be filled in 2016 under the city's biennial budget, using existing 2015
budget year savings incurred from department reorganization and from savings
incurred by other unfilled or under filled positions.
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Kent City Council Meeting Minutes
G. Ordinance Amendina Kent City Code Chapter 1.05, Public Records — Adopt.
Adopt Ordinance No. 4155, amending Chapter 1.05 of the Kent City Code regarding
submittal and response to requests for public records and converting those provisions
from code to policy to allow for more timely revision in response to changes in the law.
H. 4Culture Sustained Support Grant Agreement for 2015 Programs —
Authorize. The Mayor was authorized to accept the Sustained Support Grant from
4Culture in the amount of $17,000.00, amend the budget, sign all necessary
documents, and authorize expenditure of funds in accordance with the grant
agreement, subject to terms and conditions acceptable to the Parks Director and City
Attorney.
I. Professional Service Aareement with ARC Architects for the City Hall
Campus Space Efficiency Proiect — Authorize. The Mayor was authorized to sign
the Professional Services Agreement with ARC Architects for $40,193.00 to complete
the City Hall Campus Space Efficiency Project, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
J. Interlocal Agreement Extension with King County for Animal Services —
Authorize. The Mayor was authorized to sign the Interlocal Agreement with King
County extending animal services for 2015 - 2017, subject to terms and conditions
acceptable to the Parks Director and City Attorney.
K. Calvary Chapel South Bill of Sale - Accept. The Council was authorized to
accept the Bill of Sale for Calvary Chapel South, Permit No. RECC-2130175, for 2 gate
valves, 1 hydrant, 45 linear feet of waterline; 20 linear feet of new streets (curb,
gutter, sidewalk, paving).
OTHER BUSINESS
None.
BIDS
A. 2015 Paint Line Stripina - Award. Tim LaPorte highlighted the 2015 Paint Line
Striping contract award and noted that the low bidder is Apply-A-Line, Inc.
Councilmember Higgins moved to award the 2015 Paint Line Striping project
to Apply-A-Line, Inc., in the amount of $185,771 and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director, seconded by
Council President Ralph. Motion carried 6-0.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. - Council President Ralph highlighted that the Council was
briefed on the Regional Animal Services of King County agreement. She noted that the
agreement has been extended for two years, through December 2017. The second
discussion in the workshop was on the City's Communication Strategy. She noted that
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Kent City Council Meeting Minutes
there are several different ways the City communicates with residents and each of
them were discussed.
B. Mayor. - Mayor Cooke communicated that the June employee of the month was
Julie Stomes. She discussed Julie's career. Mayor Cooke thanked the employees who
assisted with the Kent Relay for Life event. Specifically, she noted that Kent Relay for
Life raised $66,000 and the City of Kent employees rose over $8,000. She thanked
Angella Fealy for her efforts. Mayor Cooke thanked City Clerk Ronald F. Moore for his
efforts in working with the Greater Kent Historical Society. She discussed the Economic
Development Council meeting she attended in Kirkland and there was noted that the
cloud and information technology is changing faster than our laws are. She announced
that a member of the Economic Development Council met with a person in Germany
who is considering moving his company to Kent and highlighted the return on
investment in being a member of the group. Mayor Cooke discussed the store
Constantine in Kent and that they are having an annual event called "Games People
Play" on July 24 which embraces international games and what games people play
around the world. She thanked Council President Ralph, Councilmembers Boyce and
Thomas for working with them on the Financial Sustainability Committee applications.
She communicated that there is a forum being started to work on alternative transit
services for Kent businesses, specifically, for people needing services after normal
business hours. She discussed the link light rail and said discussions are heating up.
She noted that her business concern is that there is no value in having light rail on
Highway 99 if it wipes out commercial development along that route. She noted that
the City has taken a position that the route be along Interstate 5 and sweep down to
reach Highline Community College.
C. Chief Administrative Officer. — Chief Administrative Office Derek Matheson
communicated that the CAO Report for Tuesday, June 2 is in the packet. He added
that there would be no executive session.
D. Economic & Community Development Committee. - Councilmember Boyce
noted that he didn't have a report, but the next meeting is on June 8.
E. Operations Committee. — No report.
F. Parks and Human Services Committee. — Councilmember Fincher reported that
there would be several clean up events in the coming weekends and they are listed on
our website at KentWa.gov under Parks.
G. Public Safety Committee. — Councilmember Berrios noted that illegal fireworks
and compliance would be discussed at the next meeting on Tuesday June 9th. The
next police community meeting including Fair and Impartial Policing will be held on
Wednesday June loth at Sunnycrest Elementary School.
H. Public Works Committee. - Councilmember Higgins stated that a railroad quiet
zone was discussed at the last Public Works Committee meeting. He added that an LID
would be needed for this and a preliminary feasibility study would need to be done at a
cost of $100,000. He hopes that the funds can be received through the opportunities
fund and it will be discussed at the next Public Works Committee meeting.
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Kent City Council Meeting Minutes
I. Reaional Fire Authority. - Councilmember Thomas noted that the next meeting is
at Station 78.
EXECUTIVE SESSION
None.
ACTION AFTER EXECUTIVE SESSION
None.
ADJOURNMENT
The meeting adjourned at 8:19 p.m.
Ronald F. Moore, MMC
City Clerk
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KE'* [ a Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: June 16, 2015
SUBJECT: Excused Absence for Councilmember Deborah Ranniger - Approve
MOTION: Approve an excused absence for Councilmember Ranniger as she
is unable to attend the City Council meeting of June 16, 2015.
SUMMARY: Councilmember Ranniger is unable to attend the City Council meeting
of June 16, 2015.
RECOMMENDED BY: Council President Ralph
YAY: N/A NAY: N/A
BUDGET IMPACTS: N/A
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KE'* [ a Agenda Item: Consent Calendar - 7D
TO: City Council
DATE: June 16, 2015
SUBJECT: Excused Absence for Councilmember Bill Boyce - Approve
MOTION: Approve an excused absence for Councilmember Boyce as he is
unable to attend the City Council meeting of June 16, 2015.
SUMMARY: Councilmember Boyce is unable to attend the City Council meeting of
June 16, 2015.
RECOMMENDED BY: Council President Ralph
YAY: N/A NAY: N/A
BUDGET IMPACTS: N/A
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KEN• rN, Agenda Item: Consent Calendar — 7E
TO: City Council
DATE: June 16, 2015
SUBJECT: Cheema Short Plat Sensitive Areas Release - Authorize
MOTION: Authorize the Mayor to release the Sensitive Area Easement on
the Cheema short plat subject to final terms and conditions approved by
the City Attorney and Public Works Director.
SUMMARY: The Cheema Short Plat was approved by the City on May 3, 2007. Due to
the economic slowdown, the development was never completed and the plat expired
on May 3, 2011. Prior to expiration, the developer granted the City an easement for a
Sensitive Area located within the proposed development. The property owner is now
interested in selling the vacant parcel and has requested that the city release the
easement, which requires Council approval. Staff recommendation is to release the
easement. If a new plat is proposed, sensitive areas would be protected under the
code in force at the time of the new proposal.
EXHIBITS: 1) Release Request Letter
2) Vicinity Map
3) Recorded Easement
RECOMMENDED BY: Public Works Committee
YAY: Ralph, Fincher, Higgins NAY:
BUDGET IMPACTS: None
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May 6, 2015
Ms. Erin George
City of Kent
400 West Gowe
Kent, WA 98032
RE: Request for Release of Sensitive Areas Easement
City File Nos. SP-2006-22; RECC 2074781
King County Parcel No. 202205-9003
BCE Job No. 16677
Dear Ms. George:
We, the undersigned owners of property referenced above, request that the City of Kent release the
Sensitive Areas Easement Recording No. 20101201000461. The easement was recorded as a measure
of good faith effort to finalize the short plat referenced above that was nearing expiration at that time. We
request that the easement be released for the following reasons:
• The property contains one single-family home and is not an active short plat at this time.
• The easement was not required by the City prior to the short plat recording; it was voluntarily
recorded by the applicant.
• The regulations for critical areas and buffer widths have changed since the expired short plat
was reviewed, so the extents of the existing easement are no longer valid.
Please consider this request and contact me or Ms. Ivana Halvorsen at Barghausen Consulting
Engineers, Inc. via email at ihalvorsen(a)barghausen.com or by telephone at (425) 251-6222) with any
questions or comments.
/Sincerely,
Jesse Cheema
Owner
JC/IH/dm
16677c.002.doc
enc: Sensitive Areas Easement Recording No. 20101201000461
Email from City of Kent dated April 6, 2105
cc: Mr. Aman Ghag
Ms. Ivana Halvorsen, Barghausen Consulting Engineers, Inc.
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22 20101201000461
` 0 Fourth. South
Kent ;WA §8032 vaclFlc Nw TIT eAs 66.ae
..Attn..,, Engineering/PropertyServices 05
PAGE-0e1 OF 0:5
AGE @@I 0 10:50
KING COUNTY, WA
Grantor: Venus Developments; LLCM` a Washington State Limited Liability
Company
/ PACIFIC NORTHWEST TJTLE
Grantee City of Kent
Abbreviated,Legal Description: Lot B, City of Kent LLA No. LL-8821 as :recorded
under King County',Recording Number 8812161287
Additional Legal Description on page 4 of 5 of Document
Assessor'.$Tax.:Parcel ID::No. 202205-9003 STR: NE 20-22-05.
Project:Name: CHEEMA $lHgRT:.FLAT Permit: SP-2006-22/RECC 2074781
SENSITIVE AREA EASEMENT
THIS INSTRUMENT made this
day of 201 O, by and
between Venus Developments,. LLC,`a Washington: State Limited Liability Company
("Grantor"), and CITY OF KENT, . a Washington municipal .,corporation of King
County, ("Grantee"):
That Grantor(s) for and in consideration :of m utual : benefits derived does
grant to Grantee, its successors and /or assigns, an ease.ment,:for sensitive area
preservation and maintenance over, through, across and upon.the property.. situated
in King County, Washington, specifically described in Exhibit X.(the "Easement.
Area") and graphically depicted in Exhibit B.
CITY OF KENT ENGINEERING PROPERTY SERVICES 2010 0923 Page 1of 5.
The easement rights conveyed for preservation, maintenance, and
enhancement of the Easement Area include, but are not limited to, control of
surface water and erosion; maintenance of slope stability; buffering for visual and
auditory-,purposes; and protection of water quality, plant ecology and wildlife
habitat.(".Easerent Purposes").
Grantor shall leave undisturbed all trees and other vegetation within the
Easement Area, unless: prior written approval of the Grantee is obtained. No
building foundations, structures; fll,•.or..obstructions (including, but not limited to
outbuildings and overhangs) are ,allowed within fifteen (15) feet of the Easement
Area, unless otherwise'approved n'wrltmg;`by Grantee.
Grantee shall have the right wlthout,.prior institution of suit or proceeding at
law, at times as may be necessary; to enter upon the Easement Area and
immediate adjacent areas with the:necessary--equipment for all Easement Purposes;
provided that the Easement Purposes shall be accomplished in such a manner that
the private improvements existing`adjacent,tb; the Easement Area shall not be
disturbed or destroyed, or in the eventthey:are disturbed.or destroyed, they will be
replaced in as good a condition as they were immediately before the Easement Area
was entered upon by the Grantee.
This Easement shall be a covenant running;with the land forever and'shall be
binding. on the..Grantor's successors, heirs and assigns. Nothing contained herein
shall be deemed to be a gift or dedication of any portion of.. the Easement Area to
the general public for access or for any purposes other than::those' specifically
granted herein.
GRANTOR(S) GRANTORS)
by: LJ;?5/C9RAr✓S, CHI C by
its: its.
DATE: DATE
(Notary Acknowledgement:on Next Page)
CITY OF KENT ENGINEERING PROPERTY SERVICES 2010 0923 Page 20f.5
STATE OFMASH.INGTON
} St.
COUNTY OF KING ).
On this 2 day of 200 before me a Notary Public in
and for the State .c:of. Washington, `personally appeared
SA S V_F>'2� Ck-1qyrr'i�1 , to me known to be the mu wmgtR_ of
Venus Developments, LLC, a Washington State Limited''Liability Company that
executed the foregoing instrument;:and acknowledged it to.:be the free and voluntary
act of said Limited Liability Company, for the uses and purposes mentioned in this
instrument and on oath stated that he was authorized to execute said instrument.
-Notary Seal Must Appear Within This:$ar-:
IN WITNESS WHEREOF, I have hereunto set my hand and official:seal
the day and year first,above written.
11�I'i re R LA �
Q.P. g510M F+.o sO ..
h. Q:
NOTARY PUBLIC, in and for the State of
�Opa ' Washington
residing at wA .
=F OF W 15 Jill
My appointment expires *G�-1-x`i
CITY OF KENT ENGINEERING PROPERTY SERVICES 2010 0923 Page 3of 5
EXHIBIT "A"
WETLAND: BUFFER LEGAL DESCRIPTION.
THAT PORTION OF THE NORTHEAST.:QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST, QUARTER OF SECTION 20` TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY,.WASHINGTON, BEING. DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF.SSAID,'SUBDIVISION;
THENCE NORTH 8644'28., WEST, ALONG :THE NORTH LINE OF SAID SUBDIVISION,
A DISTANCE OF 749.18 FEET ,TO THE POINT:°OF INTERSECTION WITH..THE NORTHERLY
PROJECTION OF A BOUNDARY`LINE`ESTABLISHED BY'CITY OF KENT. LOT LINE ADJUSTMENT
NO. LL-88-21, RECORDED UNDER KING COUNTY,RECORDING NO. 0812161287,
THENCE SOUTH 01'03'41" WEST A DISTANCE DF 30.00 FEET ,TO THE SOUTHERLY
MARGIN OF S.E. 244TH STREET AND THE POINT OF BEGINNING
THENCE.-`CONTINUING SOUTH 01'03'41" WEST,':ALONG THE LINE CREATED IN SAID
LOT LINE ADJUSTMENT, A DISTANCE OF 377.20. FEET, '
THENCE SOUTH`OG'43'50" WEST A DISTANCE 017:259 FEET;
THENCE NORTH 89'4356" WEST A DISTANCE OF 74.49 FEET,,
THENCE NORTH 01'16'04" EAST A DISTANCE OF 42.08 FEET: TO:A POINT•:OF CURVATURE
TO.THE RIGHT, CONCAVE TO THE SOUTHEAST HAVING A RADIUS :OF 25.QO FEET AND A
CENTRAL-ANGLE OF 63'38'49";
THENCE ALONG SAID CURVE A DISTANCE OF 27.77 FEET,•
.THENCE NORTH 03'45'22" WEST A DISTSANCE OF 57.76 FEET,,
THENCE NORTH 20'45'21 ,.WEST A DISTANCE OF 41.36 FEET,,
THENCE NORTH`0T54'46" EAST A DISTANCE OF 64.91 FEET,
THENCE NORTH 16'47'09" WEST A DISTANCE OF 36.25 FEET,
'THENCE NORTH 06'56'55" EAST A DISTANCE OF 22.82 FEET;
THENCE NORTH. 22'55'10" EAST A..DISTANCE OF 68.70 FEET TO A POINT OF CURVATURE
TO THE,'RIGHT,. CONCAVE TO2THE NORTHEAST HAVING A RADIUS OF 40.00 FEET WHICH
BEARS NORTH1.065.4'36" EAST AND CONTAINS A CENTRAL ANGLE OF 74'06'49";
THENCE ALONG SAID-CURVE,�A DISTANCE OF 5.1.74 FEET TO A POINT 30.00 FEET SOUTH OF
THE NORTH LINE OF SAID SUBDIVISION ALSO;-BEING THE SOUTH MARGIN OF S.E. 244TH STREET;
THENCE SOUTH Sir,44'28" EAST.'A DISTANCE.OF >90.15 FEET TO THE POINT OF BEGINNING.
OF W..k
O�F,
.itt' To.
o�At L[;ci0 9
JOB NO.:2006-018S DATE: 10 25 2010 SHEET:: 4 of .5
EXHIBIT
N£. M. NE. 1/4, S.X. 1/4, N.E. 1/4 SEC, 20-22- N. 1/i6 CQR.
S.E 244TH ST.
442871 ` "
SOUTIfR Y MARGIN GF S£. 2447H ST. A68 ABB'4428N
149.18' 1288.03.
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a THE N.E. COR., ME A S.E.114, N.E.114 OF SEC.:20 HAS BEEN:
�D •p ESTABLISHED BY SUBDIVISIONS HOLDING THE THEORETICAL
O j CENTER OF SECTION AND NOT THE MONUMENTED CENTER OF SECTION
�yi'•• 40016 WHICH IS APPROXIMATELY 40 FEET EAST OF THE THEORETICAL CENTER OF SECTION
sf0nAi' �p�Jq
MAP RUEX S.N. 1/4 OF TTE N.E. 1/4:S C" 20-T22N-% NN.
JOB NO.:2006-018S DATE: 10 25 2010 SHEET:. 5'`of 5
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KENO T � °� Agenda Item: Consent Calendar - 7F
M 1611"
TO: City Council
DATE: June 16, 2015
SUBJECT: Sunnfjord Plat Bill of Sale - Authorize
MOTION: Authorize Council to accept the Bill of Sale for Sunnfjord Plat,
Permit No. RECC-2064714, for 14 gate valves, 6 hydrants, 2038 linear feet
of waterline; 14 manholes; 1846 linear feet of sewer line; 3334 linear feet of
new streets; 1134 linear feet of frontage improvements (pavement, curb,
gutter, sidewalk, planter strips); storm sewers--16 manholes and 19 catch
basins, 64,174 cubic feet of detention pond storage; 3092 linear feet of
sewer line.
SUMMARY: Sunnfjord is located at 11713 SE 248 Street, Kent, WA
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
This page intentionally left blank.
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
ATTN: 5f MAG C7iLiYSL)'e'LL
OT 220 — 4T" AVENUE SOUTH
W A s H IN a T o N KENT, WASHINGTON 98032
CITY Ot• KENT
FEBProject: Sunnfiord
F 0 3 2010 Permit #: R 064714
N I EEN(19G DEPJ' Location: City of Kent, King County, Washington
Parcel #: 2122059125, 2122059030, 2122059093
2122059111, 212205159, 2122059145
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made this 20th day of January 2010, by and between
Sunnfjord, LLC hereinafter called
"Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called
"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described improvements:
A. WATERMAINS:
Together with a total of 14 gate valves at $1,800 each, 6 hydrants at
$3,075 each and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
SE 249"' Street 200+00.00 202+14,83
SE 249"' Street (Tract A) 303+43.06 306+32.83
116th Avenue SE 404+60.00 405+00.00
1181" Avenue SE 100+00.00 110+38.70
117t" Court SE 60+00.00 62+55.19
JUD off of 117th Court SE 40+00.00 43+12.50
Including 2038 linear feet at $28.50 per LF of 8" diameter ductile iron class 52 waterline.
Bill of Sale
1 of 6
B. SANITARY SEWERS:
Together with a total of 14 manholes at $ 4,007 each and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
SE 249th Street 200+00.00 202+14.83
SE 2491h Street (Tract A) 303+43.06 306+32.83
SE 251" Street 601+88.95 602+63.00
1181h Avenue SE 100+00.00 110+38.70
117"' Court SE 60+00.00 62+55.19
JUD off of 117"' Court SE 40+00.00 43+12.50
250" Place SE (east side) 35+00.00 36+74.89
Including 1846 linear feet at $ 43.12 per LF of 8" diameter PVC sewerline.
C. NEW STREETS:
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
SE 249" Street 200+00.00 202+14.83
SE 249"' Street (Tract A) 300+00.00 306+32.83
SE 248" Place 0 61.18
118th Avenue SE 100+00.00 110+38.70
117t' Court SE 60+00.00 62+55.19
JUD off of 117th Court SE 40+00.00 43+12.50
118m Court SE (north side) 70+00.00 71+22.95
1181h Court SE (south side) 0 78.00
2481h Court SE 0 103.73
2501h Court SE 0 70.23
1171h Place SE 0 99.73
118"' Place SE 0 64.77
2501h Place SE (east side) 35+00.00 36+74.89
250th Place SE (west side) 0 104.19
Including 3334 linear feet at $150 per LF of road (improvement).
D. FRONTAGE IMPROVEMENTS:
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
116th Avenue SE 400+00.00 402+42.43
SE 251st Street 600+00.00 608+91.61
Including 1134 linear feet at $150 per LF of pavement, curb, gutter, sidewalks, and planter strips
(improvement).
Bill of Sale
2of6
E. STORM SEWERS:
Together with a total of 16 manholes at $2,700 each or total of 19 catch basins at $978.13 each, 0 LF
of biofiltration swale or drainage ditch with a total cost of $ 0 , 64174 cubic feet of detention pond
storage with a total cost of $60,000, and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
SE 248th Street 506+60.00 507+00.00
SE 2491h Street 200+00.00 202+14.83
SE 2491h Street (Tract A) 300+00.00 306+32.83
SE 251" Street 600+00.00 608+91.61
1161h Avenue SE 400+00.00 402+42.43
1181h Avenue SE 100+00.00 110+38.70
1171h Court SE 60+00.00 62+55.19
IUD off of 117th Court SE 40+00.00 43+12.50
2501h Place SE (east side) 35+00.00 36+74.89
Including 2698 linear feet at $27.14 per LF of 12" diameter PVC storm sewerline.
Including 302 linear feet at $32.44 per LF of 15" diameter PVC storm sewerline.
Including 92 linear feet at $55.55 per LF of 18" diameter PVC storm sewerline.
To have and to hold the same to the said Grantee, its successors and assigns forever,
The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free
from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell
the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable
City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
2I day of 34V1kAA
Bill of Sale
3of6
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of 20
STATE OF WASHINGTON )
I
SS
COUNTY OF KING )
On this 2�St day o LV LAL 20 I(J before me, the
undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally
I appeared V Vnytas t- I C I k� to me known to be the individual described in and
who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this
instrument as his/her free and voluntary act and deed for the uuse-s,�and,purposes therein mentioned.
GIVEN under my hand and official seal this day of�c� nucky� 20 10 _ .
Notary Public No ary PublI114 in and for the State of
State of Washington Washington, residing at
MARILYN E GREEN ppp
MY COMMISSION EXPIRES I �+�---
APRIL 12,2011
My Commission Expires:
42
' , - � 4
Bill of Sale
4of6
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of 20 before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared and to me to be the
and respectively of
the that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the day of
20
Bill of Sale
5 of 6
KENTT
WASHINOTON
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for Sunnfjord project dated January 22, 2008, for
the same said Sunnfjord project. Frederick B. Brown, the undersigned P.E. or land
surveyor is the person responsible for the preparation of the Bill of Sale and is an
employee of ESM Consulting Engineers, L.L.C. , the firm responsible for the
preparation of the record drawings.
Signature
(Engineer stamp required)
WA
70
sSfOy��,
Bill of Sale
6of6
•
N .rrJ rehI fl n,
�zw� ' Agenda Item: Consent Calendar - 7G
TO: City Council
DATE: June 16, 2015
SUBJECT: Hyas Group Consultant Services Agreement Renewal - Authorize
MOTION: Authorize the Mayor to sign a three year Consultant Services
Agreement with the Hyas Group, LLC and perform a Request for Proposal
(RFP) for a third party administrator of the City's, deferred compensation
plan with final terms and conditions acceptable to the City Attorney.
SUMMARY: The Hyas Group, LLC provides investment consultant services for the
City's deferred compensation (457) plan. The Hyas Group agrees to serve as a co-
fiduciary, providing investment performance monitoring, plan administration,
education and training, and ongoing support to the City's fiduciary committee. In
addition, the Hyas Group will be performing a Request for Proposal (RFP) for the City's
third-party administrator for the City's deferred compensation plan in 2015/16. The
$157,000 is funded in the Deferred Compensation fund.
Exhibits: WAS Group Administrative Services Agreement
Recommended By: Operations Committee
YAY: Ralph, Thomas, Boyce NAY:
Budget Impact: $157,000 ($117,000/three year contract and $40,000/RFP services)
This page intentionally left blank.
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Hyas Group, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Hyas Group, LLC organized under the laws of the State of Oregon,
located and doing business at 108 NW gth Avenue, Suite 203, Portland, Oregon (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:
• Investment Performance Monitoring: Contractor will conduct quarterly
performance reviews for the City of Kent 457 Deferred Compensation Plan
• Investment Manager and Plan Administration Provider monitoring and due
diligence: Contractor will monitor key staffing changes, regulatory and legal issues,
the organizational stability and the financial positions of the firms providing
investment management and plan administration services to the 457 Plan.
• Investment Manager Search and Selection: Contractor will perform searches
for investment managers to supplement or replace existing Plan investment
managers as directed by the Committee.
• Investment Policy Statement: Contractor will review and assist with
maintaining the Plan's Investment Policy Statement.
• Education/Communication and Training: Contractor will provide comprehensive
guidance to the Committee and Plan Administrator to assist their administration of
the Plan.
• Co-Fiduciary Role: Contractor agrees to serve as a co-fiduciary to the City's
457 Deferred Compensation Plan
• Ongoing support and response to informational requests assigned by the
City.
• Request for Proposal Project: RFP for third party administration services to
begin 3Q 2015 and conclude 2Q 2016 (See Attachment A for Scope of Services).
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
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. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I
within each quarter.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, not to exceed
the following amounts per calendar quarter for the services described in Section I of
this Agreement, excluding the RFP for Third Party Administrator Project, which is
addressed in Item C. below:
Term Annual Fee Calendar Quarter Invoice
July 1, 2015 — June 30, $38,000 $9,500
2016
July 1, 2016 — June 30, $39,000 $9,750
2017
July 1, 2017 — June 30, $40,000 $10,000
2018
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 as noted in the above chart.
B. The Consultant shall submit quarterly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
C. Additional payment to conduct Request For Proposal (RFP) and selection
process for Third Party Administration Project: In addition to the subsection A
compensation, the Consultant shall submit four quarterly payment invoices, not to
exceed the amount of $10,000 per quarter for a total of $40,000, to the City for
work performed beginning in 3Q 2015 and concluding 2Q 2016 to issue a request
for proposal and lead a selection process to hire a third party administrator for the
City's deferred compensation (457) program. The City shall provide payment within
forty-five (45) days of receipt of an invoice. If the City objects to all or any portion
of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
CONSULTANT SERVICES AGREEMENT- 2
(Over$10,000)
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.
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.
CONSULTANT SERVICES AGREEMENT- 3
(Over$10,000)
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 #1 attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
CONSULTANT SERVICES AGREEMENT- 4
(Over$10,000)
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
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
CONSULTANT SERVICES AGREEMENT- 5
(Over$10,000)
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.
XIV. ADDITIONAL TERMS.
A. Amendment to Original Consulting Services Agreement. See Attachment B for the
Hyas Group's Additional Terms as required by the Securities and Exchange Commission for
consulting services.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By:: By:
f
(signature)
(signature) Print Name: Suzette Cooke
Print Name: Dale Parker Its Mayor
Its Managina Partner, COO
(title) DATE:
DATE: May 28, 2015
CONSULTANT SERVICES AGREEMENT- 6
(Over$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Gregory T. Settle Becky Fowler
Senior Consultant City of Kent
Hyas Group 220 Fourth Avenue South
108 NW 9th Avenue, Suite 203 Kent, WA 98032
Portland, OR 97209
(253) 856-5290 (telephone)
(971)634-1505 (telephone) (253) 856-6270 (facsimile)
(971) 275-1856 (facsimile)
a settle Ca)hyasgroup.com
APPROVED AS TO FORM:
Kent Law Department
[In this field.you may enter the electronic filepeN where the contact has been saved]
CONSULTANT SERVICES AGREEMENT- 7
(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 28 day of May 2015 .
By: Dale Parker
For: Hyas Group, LLC
Title: Managing Partner, COO
Date: May 28, 2015
EEO COMPLIANCE DOCUMENTS - 1
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
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
ATTACHMENT A
CITY OF KENT, WASHINGTON DEFERRED COMPENSATION PLAN
Third Party Administrator (TPA) Request for Proposal (RFP) Project Scope of Work
Initial planning and coordination
• Discuss and finalize goals and objectives and establish formal timeline
• Identify roles and responsibilities
Committee training, education and orientation
• Provide training on modern defined contribution plan design, features and
services
• Benchmark current Plan to "State of the Art" in DC industry
• Lead RFP goal and design discussion with Committee
Data gathering and RFP document issuance
• Collect data and distill important information for the compilation of the RFP
• Create draft of RFP encompassing data and goals and objectives
• Discuss and finalize RFP document
• Release RFP to TPA Industry
• Respond to interested TPA questions and data requests
Collect and analyze RFP responses
• Collect RFP response and related materials
• Organize information and begin RFP analysis
• Finalize RFP analysis report and send to client
• Meet with Committee to review analysis, make recommendations and select
finalists
• Schedule interviews with finalist vendors if necessary
Provider interview sessions (if required)
• Notify finalist vendors of interview requirements and evaluation criteria
• Provide Committee with interview format and evaluation criteria
• Facilitate interview session by tracking time and providing direction to all parties
• Provide recommendations and post interview analysis
• Assist in arriving at final TPA selection decision
Final negotiations and contract preparation
• Contact selected TPA to finalize any interview and/or offer specifics
• Draft and/or review proposed contract language
• Work with TPA and City to finalized contract language
• Prepare investment option evaluation and recommendation report, if needed
• Meet with Committee to finalize the investment menu changes, if needed
Transition planning and assistance
• Work with TPA and City to establish timeline and outline responsibilities
• Coordinate communications between the City, the TPA and other service
providers
• Facilitate regular transition discussions
• Review all participant communication materials
Hyas Group,LLC • 108 NVV9«Avenue,SLite 203,Portland,Oregon 97209 • ph:971-634-1500 fx:971-275-1856
ATTACHMENT B
AMENDMENT TO ORIGINAL CONSULTING SERVICES AGREEMENT
City of Kent and Hyas Group, LLC
ADDITIONAL TERMS:
8.1 Proxy Voting. We do not exercise proxy voting authority over client securities. The obligation to vote client
proxies at all time rests with you. However,you are not precluded from contacting us for advice or information
about a particular proxy vote. However,we will not be deemed to have proxy voting authority as a result of
providing such advice to you.
Should we inadvertently receive proxy information for a security held in the Plan's account,we will immediately
forward such information to you,but we will not take any further action with respect to the voting of such proxy.
Upon termination of this Agreement,we will make a good faith and reasonable attempt to forward proxy
information inadvertently received by us on your behalf to the forwarding address you provide to us.
8.2 Risk. You recognize that there may be loss or depreciation of the value of any investment due to the fluctuation
of market values. You represent that no party to this Agreement has made any guarantee, either oral or written,that
the Plan's investment objectives will be achieved. We will not be liable for any error in judgment and/or for any
investment losses in the absence of malfeasance,negligence or violation of applicable law.Nothing in this
Agreement will constitute a waiver or limitation of any rights,which you may have under applicable state or federal
law, including without limitation state and federal securities laws.
8.3 Confidentiality. In connection with the performance of our services under this Agreement,we will hold any
confidential information received from you in strict confidence. We will not disclose such information to any third
party, except in compliance with our privacy policy, as necessary to perform our services on your behalf, or as
required by law. You also agree that you will respect the proprietary nature of our work product, and only disclose
our advice,reports and recommendations to others in a manner consistent with the intended purposes of our
engagement.
8.4 No Waiver.No waiver of rights under this Agreement or the Scope of Work hereunder by either party shall
constitute a subsequent waiver of this or any other right under this Agreement.
8.5 Severability. In the event that any of the terms of this Agreement or any Scope of Work hereunder or the
performance of any obligation by either party thereunder becomes or is declared to be illegal by any court of
competent jurisdiction or other governmental body, such term(s)shall be null and void and shall be deemed deleted
from this Agreement or the Scope of Work. All remaining terms of this Agreement shall remain in full force and
effect.
8.6 Acknowledgement of Receipt of Part 2 Form ADV. Client acknowledges that it has received and has had an
opportunity to read Consultant's firm brochure(Form ADV,Part 2A) and applicable brochure supplements(Form
ADV,Part 213)prior to, or at the time of, entering into this Agreement.
8.7 Acknowledgement of Receipt of Privacy Notice. Client acknowledges that it has received and has had an
opportunity to read Consultant's privacy notice prior to, or at the time of, entering into this Agreement.
8.8 408(b)(2) Service Provider Disclosure. In compliance with the Department of Labor regulations under ERISA
sec. 408(b)(2), concerning service provider fee disclosures,we believe the standard Hyas Group service agreement
complies with said regulation. We are considered a"covered service provider"as we are providing services to the
Plan as a registered investment advisor under the Investment Advisors Act of 1940. Our CRD number 149122 and
our SEC File number is 801-69938.
City of Kent Hyas Group,LLC
Signature: Signature:
Name: Suzette Cooke Name: W. Dale Parker
Title: Mayor Title: Managing Partner, COO
Date: June 19, 2015 Date: 5/28/15
Phone: 253-856-5720 Phone: (971)634-1502
Mobile: Mobile: (503) 869-6081
Fax Fax: (971) 275-1856
Email: scooke(?kentwa.gov Email: dparker@hyasgroup.com
Mailing Address: Mailing Address:
City of Kent Hyas Group,LLC
220 4 h Ave S 108 NW 9 h Avenue, Suite#203
Kent, WA 98032 Portland, OR 97209
• Evaluate investment mapping and investment related materials as needed
• Monitor timeline and task completion
Hyas Group,LLC • 108 NVV9«Avenue,SLite 203,Portland,Oregon 97209 • ph:971-634-1500 fx:971-275-1856
a
G R O U lr
Form ADV Part 2A, Firm Brochure
Hyas Group, LLC
108 NW 9th Avenue, Suite 203
Portland, OR 97209
971-634-1500
SEC File No.801-69938
CRD Number 149122
March 27, 2015
This brochure provides information about the qualifications and business practices of Hyas Group LLC
("Hyas" or "Adviser".) If you have any questions about the contents of this brochure,please contact us at
971-634-1500 or mruppelt(ayasgroup.com. The information in this brochure has not been approved or
verified by the United States Securities and Exchange Commission or by any state securities authority.
Hyas Group, LLC is a registered investment adviser. Registration of an Investment Adviser does not
imply any level of skill or training. The oral and written communications of an Adviser provide you with
information about which you determine to hire or retain an Adviser.
Additional information about Hyas Group is also available on the SEC's wehsite at
www.adviserinfo.sec.gov.
Hyas Group,ADV Part 2A
March 24,2014
Item 2 -Material Changes Pursuant to SEC Rules, this Brochure is reviewed on an ongoing basis for
necessary revisions. The only change made to our previous annual update is an update of client assets
under management referenced on page 2.
Pursuant to SEC Rules,we will ensure that you receive a summary of any material changes to this and
subsequent Brochures within 120 days of the close of our business' fiscal year. We may further provide
other ongoing disclosure information about material changes as necessary.
We will further provide you with a new Brochure as necessary based on changes or new information,at
any time, without charge.
Currently,our Brochure may he requested by contacting Michelle Ruppelt, Chief Compliance Officer at
971-634-1508 or mruppelt@hyasgroup.com.
Additional information about Hyas is also available via the SEC's web site www.adviserinfo.sec.gov. The
SEC's web site also provides information about any persons affiliated with Hyas who are registered, or
are required to he registered,as investment adviser representatives of Hyas.
Hyas Group,ADV Part 2A
March 24,2014
Item 3 -Table of Contents
Item1— Cover Page.....................................................................................................................................................................i
Item2- Material Changes.......................................................................................................................................................ii
Item3-Tahle of Contents.....................................................................................................................................................iii
Item4-Advisory Business.......................................................................................................................................................1
Item5- Fees and Compensation..........................................................................................................................................2
Item 6- Performance-Based Fees and Side-By-Side Management...........................................................................3
Item7-Types of Clients..........................................................................................................................................................3
Item 8- Methods of Analysis, Investment Strategies and Risk of Loss....................................................................4
Item9- Disciplinary Information..........................................................................................................................................5
Item 10- Other Financial Industry Activities and Affiliations....................................................................................5
Item11—Code of Ethics............................................................................................................................................................6
Item12- Brokerage Practices ................................................................................................................................................6
Item13 - Review of Accounts ................................................................................................................................................7
Item 14 -Client Referrals and Other Compensation.....................................................................................................8
Item15 - Custody.......................................................................................................................................................................8
Item16- Investment Discretion ............................................................................................................................................8
Item17 -Voting Client Securities.........................................................................................................................................8
Item18 - Financial Information.............................................................................................................................................9
AdditionalInformation...........................................................................................................................................................10
111
Hyas Group,ADV Part 2A
March 24,2014
Item 4- Advisory Business
The Hyas Group is an independent investment consulting firm that provides services largely to
institutional investors including defined contribution and defined benefit retirement plan clients along
with endowments and foundations. Founded in 2008,the firm is structured as a Limited Liability
Company (LLC)and is wholly owned by three senior consulting partners. The firm has only one line of
business, the investment consulting business. The sole office location is in Portland, Oregon and there
are no Hyas Group parents,subsidiaries or affiliates.
The Hyas Group partners have over 45 years of combined experience serving clients in an institutional
investment consulting capacity and the firm has been providing investment consulting services since its
founding. The Hyas Group offers a wealth of consulting experience to all major plan structures.
Corporate,governmental and non-profit plan sponsors have all sought the analytical skills and fiduciary
support services offered by the firm.
The overall organizational structure is summarized as follows:
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Advisory Services and Fees
Hyas Group, LLC. ("Hyas Group") provides two primary types of services,described below,through its
Investment Advisor Representatives (IARs). Our clientele includes committee directed plans such as
Defined Benefit Pension Plans and OPEB Trusts, and participant direct plans such as 401,403(h) and
457 Plans.
Investment Advisory Services
Hyas performs a broad array of investment advisory services for its clients. Not all clients choose to
receive all potential services. The potential services include, but are not limited to,review of an existing
investment policy statement or assistance in creating an investment policy statement,plan performance
reporting,asset allocation modeling,analysis of current investment options and portfolio structure,
portfolio rebalancing and investment manager searches.
1
Hyas Group,ADV Part 2A
March 24,2014
We also offer discretionary portfolio management services. When utilizing this service, as with all
clients,we work with them to create and/or review their investment policy statement,review their
current asset allocation,investment manager allocation and manager performance. The ongoing
manager selection and strategic rebalancing within the investment policy ranges are managed inhouse
by the Hyas Group.
Advice and Consulting not Involving Securities
Many of the services that Hyas Group performs for clients are not investment advisory in nature. These
services include,but are not limited to, consulting with investment committees,pension plan review and
analysis, fiduciary education and training,plan fee and revenue analysis,vendor search projects,and
reporting on investments and pension plan results. The specific services that Hyas Group performs for a
client are described in a written agreement with each client.
Hyas Group currently advises approximately$13.5 billion in client assets. Hyas Group has discretion
over approximately$19.5 million in client assets.
Item 5 - Fees and Compensation
Hyas Group charges some clients a fee based upon the size or value of assets under the advice
relationship which may include portfolios that are a part of overall assets. Assets will he valued on the
last day calendar quarter. Quarterly fees are calculated and charged in arrears, after services have been
performed. The actual rate would vary depending upon the scope of services the client requests Hyas
Group to perform. This fee is described in the written agreement entered into between the client and
Hyas Group.
The client acknowledges and agrees that fees payable to Hyas Group may if the client desires to do so,
he automatically deducted from the client's account.
In cases when the advisory agreement does not span the full billing period, fees are prorated from the
date of inception or through the date of termination. The Advisor or client may terminate the
investment advisory agreement at any time with written notice to the advisor at their main office.
Fixed Fees
In some cases, Hyas Group will perform services for clients where the cost is set and agreed to with the
client in advance of performing the service. The exact cost of the service would depend upon the
complexity and scope of the service to he performed. Hyas Group, LLC enters into a written agreement
that explains the services to he performed and an estimate of the cost to complete the service. Fees are
normally paid upon delivery of the specific work product. If either party terminates the fixed fee
engagement,the client is responsible to compensate Hyas Group for work done on a prorata basis,
based upon the number of days the services was provided in the quarterly billing period.
Other Fees
The above-referenced fees charged by Hyas Group do not include brokerage commissions and other
costs related to the execution of transactions on behalf of clients. Such costs will he paid by advisory
2
Hyas Group,ADV Part 2A
March 24,2014
clients in addition to the fees discussed above. Clients are also responsible for asset management fees
and plan or account administration fees paid to custodians and broker-dealers. These fees are disclosed
in the disclosure document or agreements in the custodian's account opening documents. Clients are
also responsible for margin interest, wire transfer fees,safe keeping fees and other special services
provided by the broker-dealer,transfer agent,or custodian and disclosed by the custodian at the time
the client opens their account(s) or when service is requested.
For some clients,we recommend investment vehicles such as Limited Partnerships or Limited Liability
Companies (e.g.real estate,hedge funds). These investments have fees such as annual management fees
that the client is also responsible for. Each investment manager states their various fees within the
subscription documents and/or offering memorandum.
Investment Company Fees
Investment company funds that are held by clients will hear their own internal transaction and
execution costs,as well as directly compensate their investment managers along with internal
administrative services. Some funds pay 12h-1 fees, Distribution Fees,and or Shareholder Service Fees
to broker-dealers that offer such funds to their clients. These charges affect the Net Asset Value of
these fund shares and are thus indirectly borne by fund shareholders such as a Hyas Group client. Some
fund companies have imposed a redemption fee. A redemption fee is another type of fee that some
funds charge their shareholders when shares are sold or redeemed within a short period of time from the
purchase of the fund shares. Although a redemption fee is deducted from redemption proceeds just like
a deferred sales load, it is not considered to he a sales load. Unlike a sales load,which is generally used
to compensate brokers,a redemption fee is typically used to defray fund costs associated with a
shareholder's redemption and is paid directly to the fund, not to a broker. The SEC generally limits
redemption fees to 2%. In most cases,the funds will use the "first-in,first-out" (FIFO) method to
determine the holding period. Under this method,the date of the redemption will he compared with the
earliest purchase date of shares held in the account.
A complete explanation of these charges is contained in the prospectus and"Statement of Additional
Information" for each investment company fund. You can get a prospectus from the investment
company(through its wehsite or by telephone or mail). Your financial professional or broker can also
provide you with a copy.
Item 6- Performance-Based Fees
It is the Company's policy not to charge clients based upon the performance of their accounts except
where the growth in an account will affect an asset based fee (size of the account).
Item 7 -Types of Clients
The Hyas Group provides investment consulting services to municipalities,corporate pension and profit-
sharing plans,charitable institutions,foundations, endowments,and high net worth individuals.
3
Hyas Group,ADV Part 2A
March 24,2014
Item 8- Methods of Analysis, Investment Strategies and Risk of Loss
The investment review process at the Hyas Group is continuous and ongoing. Our team reviews mutual
funds and other investment vehicles on both a predetermined and impromptu basis. We rely on a
number of databases to house our investment return data as well as attribution systems. The databases
include mutual funds,commingled funds,insurance products,separate accounts as well as alternative
products such as hedge funds.
Our reporting capabilities,analytics resources and manager contacts generally include the following
resource tools and data bases:
Morningstar Direct-which provides extensive mutual fund or separate account data including
peer group,performance and holdings information
Encorr (Ihhotson)proprietary allocation program-which provides asset allocation modeling
software for the assessment of pre-mixed portfolios.
Institutional data-base subscriptions- Barclays Capital (formerly Lehman Brothers), Standard&
Poors, Russell and MSCl/Barra all provide data for the compilation of our reports.
InvestorForce -which provides manager and total plan universe information,index information
and software for report production.
These databases can he used for screening a multitude of investment products. The databases make
more than 100 screening factors available. Statistical and regression analysis is also performed using the
databases. This allows us to analyze portfolios over multiple time periods versus relative benchmarks as
well as compare investments on a side-hy-side basis. In this quantitative review,we also compare risk
and value-add statistics such as standard deviation,alpha, beta and up/down market capture. All of
these tools,when taken in concert with an assessment of underlying securities holdings and sector
allocations,allow us to feel confident in the total evaluation of the products in which our clients invest.
Our research process is not limited to databases alone. We also provide qualitative assessments of the
investment products we recommend to our clients by meeting with investment managers face-to-face
and conducting regular conference calls with the individuals responsible for managing and servicing the
specific investment vehicles we are evaluating. We feel strongly that active investment performance is
driven by skilled people and, therefore,we analyze the manager's philosophy, process and personnel in
order to have a firm grasp on the skill sets offered by different managers.
The conversations will typically involve
1)a discussion of the dynamics of the investment team,
2) strategy,
3) firm structure,
q)portfolio construction and
g) performance attributions.
4
Hyas Group,ADV Part 2A
March 24,2014
Often these meetings help facilitate frank discussions with the portfolio managers which help us provide
the most accurate and up-to-date information available.
While some risk is inherent in any investment, we believe that it is imperative that risk he managed
appropriately. Thorough review of volatility and risk adjusted return can also add value when properly
considered. For each of our client's available investment options we'll analyze risk-related measures
such as beta,standard deviation,alpha,up-market capture and down-market capture. It is our
expectation that all funded products provide a competitive risk adjusted return. Therefore each product
is reviewed with that expectation in mind.
Investment Strateev
At the outset of our working with a Client,we review a Client's risk profile,portfolio goals and/or
requirements (such as income),which results in an Investment Policy Statement (either newly crafted or
a review and possible revision of an existing IPS.) As part of that process, we analyze the Asset
Allocation of the portfolio,and propose any recommended changes.We then work on implementation of
their IPS/Asset Allocation Study,using research methodologies noted previously, identifying and
funding managers which we believe to best meet the Client's IPS and risk profile.
Risk of Loss
Investing in securities involves risk of loss that you should he prepared to hear. We do not represent or
guarantee that our services or methods of analysis can or will predict future results,successfully identify
market tops or bottoms,or insulate clients from losses due to market corrections or declines. In
addition,the investment managers and/or funds that we recommend are also subject to the same
domestic and global economic variables,and therefore are subject to the same risk of loss. We cannot
offer any guarantees or promises that your financial goals and objectives will he met. Past performance
is in no way a guarantee of future performance.
Item 9- Disciplinary Information
Registered investment advisers are required to disclose all material facts regarding any legal or
disciplinary events that would he material to your evaluation of Hyas Group or the integrity of Hyas
Group's management. Hyas Group has no information applicable to this Item.
Item 10- Other Financial Industry Activities and Affiliations
Hyas Group does not receive revenue from any money management firms, recordkeepers or other
retirement plan service providers. Our only compensation is that which we receive directly from our
clients.
Hyas Group and its representatives may provide services to clients that are not investment advisory in
nature. These services may include reporting on investments and account or plan assets,consulting on
noninvestment matters, education,vendor search projects, and performance review and evaluation.
5
Hyas Group,ADV Part 2A
March 24,20l¢
Item 11- Code of Ethics
Hyas Group has adopted a Code of Ethics for all supervised persons of the firm describing its high
standard of business conduct, and fiduciary duty to its clients.The Code of Ethics includes provisions
relating to the confidentiality of client information, a prohibition on insider trading,restrictions on the
acceptance of significant gifts and the reporting of certain gifts and business entertainment items,and
personal securities trading procedures,among other things. Our goal is to protect your interests at all
times and to demonstrate our commitment to our fiduciary duties of honesty,good faith, and fair dealing
with you.All of our supervised persons are expected to adhere strictly to these guidelines. Persons
associated with our firm are required to report any violations of our Code of Ethics.
Participation or Interest in Client Transaction
From time-to-time the interests of the principals and employees of Hyas Group may coincide with those
of a client. Funds and/or individual securities may he bought,held or sold by a principal or employee of
Hyas Group that is also recommended in a model portfolio or held by a client. If potential insider
information is inadvertently provided or learned by a principal or employee, it is the policy of Hyas
Group to strictly prohibit its use.
It is the policy of Hyas Group to permit the firm, its employees and IARs to buy,sell and hold the same
investments that the IAR also recommend to clients. It is acknowledged and understood that Hyas
Group performs investment services for various clients with varying investment goals and risk profiles.
As such,the investment advice may differ between clients and investments made by Hyas Group IARs.
Hyas Group has no obligation to recommend for purchase or sale an investment that Hyas Group,its
principals, affiliates,employees or IARs may purchase,sell, or hold. When a decision is made to change
an asset allocation recommendation,priority would always he given to the client's orders before those of
a related or associated person to the advisor. Hyas Group has procedures dealing with insider trading,
employee related accounts, "front running' and other issues that may present a potential conflict when
such purchase, sales or recommendations are made. In general, these policies and procedures that are
contained in the company's Code of Ethics and Compliance Manual,are intended to eliminate,to the
extent possible,the adverse effect on clients of any such potential conflicts of interest.
Pay to Play
In response to the SEC's rule regarding political contributions to candidates and possible pay to play
scenarios,it is our policy to allow only up to $350 per election in personal contributions to candidates
within one's voting district and$150 per election to an elected official or candidate for whom the
individual is not entitled to vote. These are the exceptions for de minimis contributions as defined by
the SEC.
Hyas Group will provide a copy of its Code of Ethics to clients or prospective clients upon their request.
Item 12 -Brokerage Practices
Hyas Group does not have any business interests with any brokerage firms nor do they receive any soft
dollars or other compensation for recommending any brokerage firms,custodians,mutual funds, or
investment managers.
6
Hyas Group,ADV Part 2A
March 24,2014
For those accounts over which we have discretion,having the client assets held at one custodian,
whether hank,trust company,or brokerage firm,enables us to manage the portfolio,including review,
place trades,compile performance reports, and answer client questions,in as efficient manner as
possible. If the client doesn't currently have a custodian,we may recommend a custodian,one possible
option being Charles Schwab. But as stated above,we receive no compensation for recommending
Charles Schwab or any other custodian. Schwab has been recommended as they provide an extensive
mutual fund platform and nearly all our investment managers have trading agreements with Schwab. In
addition,they have a robust internet presence,including trading software, custodial information easily
accessed by Hyas Group and the clients,a strong support staff assisting with trading,client and
technology servicing questions and issues.
Trade Allocation
Hyas Group has a Trade Allocation Policy,which addresses allocating securities, including IPOs and
Private Placements, and/or recommendations among clients. The formula must provide a fair and
equitable basis for allocations and he consistently applied to all clients. Prior to the allocation of
securities by Hyas,we will determine if a client's investment objectives and suitability requirements
qualify the client for participation in purchasing a specific security, IPO or Private Placement. If the
client qualifies for participation in the purchase of a specific security, IPO or Private Placement, Hyas
Group will allocate a certain percentage of the total allocation to each qualified client based upon the
following formula:
The formula is based upon dividing the total shares or amount allocated by the total number of qualified
clients and their assets under management. For example,if the total allocation to Hyas Group is
1,000,000 shares and Hyas Group has ten (10) clients that qualify for a percentage of the allocation and
each client has a total of$1,000,000 under management with Hyas Group,each client will receive an
allocation of 100,000 shares.
(Vote that Hyas Group may exclude certain clients from the allocation if the trade allocation would he
"de minimus" or so small as not to he in the client's best interest.
Item 13 -Review of Accounts
Performance reports are produced for the client either on a quarterly, semi-annual,or annual basis with
the nature and format of the review process matched to the type of plan (Defined Contribution, Defined
Benefit, Endowment, etc.) and the unique needs of each client. Frequency of reports is addressed in
each client's agreement with Hyas Group. Broadly defined,the process covers a review of the plan's
asset allocation or plan construction,individual investment manager and total account performance
reviews,plan utilization rates and participant account balances,and review of investment costs. Client
reports are designed to clearly reflect manager and account performance relative to the client's specific
investment policy. Performance reports contain a comprehensive evaluation of the plan's investment
options relative to investment policy. Color graphics illustrates manager diversification,historical asset
allocation and performance versus the relevant indices over differing lengths of time. A statistical
section provides an analysis of manager characteristics including sector/quality exposure and market
7
Hyas Group,ADV Part 2A
March 24,2014
weights. Interpretive text shows how these characteristics impact risk and return and what that means to
the investment program.
Our reports include global market commentaries at the end of each calendar quarter. These
commentaries provide a broad economic and market overview as well as specific fixed income,equity
and international risk and return insight.
Further, the Hyas Group closely monitors plan utilization rates and average participant account
balances to assess each plan's investment and structural effectiveness. We provide comparative
statistics for similar sized plans as well as a calculated,overall plan and asset class returns for each of our
client accounts each quarter. This plan return allows for further comparison of the equity and fixed
income participant investment weightings and demonstrates the offered investment options compare, on
the whole, to those offered by other clients and industry averages.
The client performance reports are compiled by various analytical staff members of the firm with final
reviews completed by Jayson Davidson, Managing Director of Consulting Services and Senior
Consultant; Dale Parker, Director of Analytical Services; Brian Loescher, Director of Research; Greg
Settle, Senior Consultant; Scott Faris, Senior Consultant; and Vincent Galindo, Senior Consultant.
Item 14- Client Referrals and Other Compensation
Hyas Group does not compensate any client or person for client referrals.
Item 15 - Custody
Hyas Group does not maintain custody of client funds or securities. Client assets are held by mutual
fund companies, hanks,trust companies, brokerage firms,or other custodial institutions.
Item 16- Investment Discretion
Hyas Group has received discretionary authority from a few clients at the outset of the advisory
relationship to select the identity and amount of securities to he bought or sold. In all cases, however,
such discretion is to he exercised in a manner consistent with the stated investment objectives for the
particular client account.
When selecting securities and determining amounts, Hyas Group observes the investment policies,
limitations and restrictions of the clients for which it advises. For registered investment companies,
Hyas Group's authority to trade securities may also he limited by certain federal securities and tax laws
that require diversifications of investments and favor the holding of investments once made.
Investment guidelines and restrictions must he provided to Hyas Group in writing.
Item 17 -Voting Client Securities
Hyas Group provides investment management services to clients that include, among others,corporate
and public pension plans,foundations,and endowments. Unless otherwise stated in the client
agreement, Hyas does not vote proxies for clients. For those clients over which Hyas has discretion and
8
Hyas Group,ADV Part 2A
March 24,2014
therefore has proxy voting authority, Hyas considers proxy voting an important part of those
management services. As such, Hyas seeks to vote the proxies of mutual funds and/or securities held by
clients in the best interest of those clients.
Hyas believes the best interests of clients are served by voting proxies in a way that maximizes long term
shareholder value. Therefore,the investment professionals responsihle for voting proxies have the
discretion to make the best decision given the individual facts and circumstances of each issue. Proxy
issues are evaluated on their merits and considered in the context of the professional's knowledge of a
mutual fund or company,its current management, management's past record and Hyas's general
position on the issue.
As the management of a portfolio company is responsible for its day-to-day operations, Hyas believes
that management, subject to the oversight of the relevant hoard of directors, is often in the best position
to make decisions that serve the interest of shareholders. However, Hyas votes against management on
proposals where it perceives a conflict may exist between management and client interests,such as
those that may insulate management or diminish shareholder rights. Hyas Group also votes against
management in other cases where the facts and circumstances indicate that the proposal is not in its
clients'best interests.
Upon client request, Hyas will provide reports of its proxy voting record as it relates to the securities
held in the client's account(s) for which Hyas has proxy voting authority.
Item 18- Financial Information
Hyas Group does not require or solicit prepayment of more than$1,200 in fees per client, six months or
more in advance.
Additionally,we must disclose any financial condition that could impair our ability to fulfill our
agreement with our clients. Hyas Group has no such financial condition to disclose. Neither have we
even been the subject of any bankruptcy proceeding.
9
Hyas Group,ADV Part 2A
March 24,2014
Additional Information
Privacy Statement
We,like other professionals who advise on personal financial matters are required by federal law to
inform their clients of their policies regarding the privacy of client information.
In the course of providing our clients with certain advice, we may receive nonpublic personal financial
information from our clients,their accountants and other representatives,such as financial statements,
tax returns and other personal information. All nonpublic personal information that we receive
regarding our clients or former clients is held in strict confidence in accordance with our professional
obligations,and is not released to people outside the Firm, except with your consent or as required by
law or to explain our actions to professional organizations that we are members of. We may share
certain information with third parties who assist us in providing our services to your (such as
administrative and client service functions) or marketing services,as permitted by law,subject to the
obligation of these third parties not to use or disclose such information for any other purpose.
We retain records relating to professional services that we provide so that we are better able to assist
you with your professional needs and,in some cases to comply with professional guidelines. In order to
guard your nonpublic personal information from unauthorized disclosure,we maintain physical,
electronic and procedural safeguards.
If your financial situation,goals or risk tolerance has changed since you last notified us in writing, please
contact us immediately.
10
P y i
Form ADV Part 2B,
Brochure Supplement
Hyas Group, LLC
108 NW 9th Avenue, Suite 203
Portland, OR 97209
971-634-1500
SEC File No.801-69938
CRD Number 149122
March 27, 2015
This brochure provides information about the qualifications and business practices of Hyas Group LLC
("Hyas" or "Adviser".) If you have any questions about the contents of this brochure,please contact us at
971-634-1500 or mru�elt(ayasgroupcom. The information in this brochure has not been approved or
verified by the United States Securities and Exchange Commission or by any state securities authority.
Hyas Group, LLC is a registered investment adviser. Registration of an Investment Adviser does not imply
any level of skill or training. The oral and written communications of an Adviser provide you with
information about which you determine to hire or retain an Adviser.
Additional information about Hyas Group is also available on the SEC's wehsite at www.adviserinfo.sec.gov.
Hyas Group,Form ADV Part 2B,Brochure Supplement
March 24,2014
Item 1
Jayson Allen Davidson
This Brochure Supplement provides information about Jayson Davidson that supplements the Hyas Group,
LLC Brochure.You should have received a copy of that Brochure. Please contact Michele Ruppelt, Chief
Compliance Officer,if you did not receive Hyas Group's Brochure or if you have any questions about the
contents of this supplement.
Additional information about Jayson Davidson is available on the SEC's wehsite at www.adviserinfo.sec.gov.
Item 2 - Educational Background and Business Experience
Born: 1q'73
Education after High School: Bachelor of Science, University of California at Berkeley,lggb
Business background:
2008 -present, Managing Partner and Director of Consulting Services at Hyas Group, LLC.
2002-2008, Senior Investment Consultant at Arnerich Massena& Associates.
lggy-2002, Consultant at ICMA-RC
Professional Designations: Mr. Davidson has earned the right to use the Chartered Financial Analyst (CFA)
designation. Additionally,he is a member of the Charter Financial Analyst (CFA) Institute and the National
Association of Government Defined Contribution Administrators (NAGDCA). He currently serves on the
NAGDCA Annual Conference Committee.
Item 3- Disciplinary Information
Registered investment advisers are required to disclose all material facts regarding any legal or disciplinary
events that would he material to your evaluation of each supervised person providing investment advice.
No information is applicable to this Item.
Item 4- Other Business Activities
No information is applicable to this Item.
Item 5- Additional Compensation
No information is applicable to this Item.
Item b - Supervision
Mr. Davidson's work,including investment advice and interaction with clients is monitored periodically by
review of his client's performance reports,written correspondence and e-mail,by the Chief Compliance
Officer, Michelle Ruppelt.
1
Hyas Group,Form ADV Part 213,Brochure Supplement
March 24,2014
Item 1
Brian James Loescher
This Brochure Supplement provides information about Brian Loescher that supplements the Hyas Group,
LLC Brochure. You should have received a copy of that Brochure. Please contact Michelle Ruppelt, Chief
Compliance Officer if you did not receive Hyas Group's Brochure or if you have any questions about the
contents of this supplement.
Additional information about Brian Loescher is available on the SEC's wehsite at www.adviserinfo.sec.gov.
Item 2 - Educational Background and Business Experience
Born: lgbq
Education after High School: Bachelor of Science, Finance,University of Nehraska,1993
Business background:
2009 -present, Managing Partner, CIO and Director of Research at Hyas Group, LLC.
lggq -2009, Director of Research at Arnerich Massena& Associates.
1997-1999, Research Analyst at R.V. Kuhns &Associates
1995-1997, Performance Systems specialist,West One Trust Co.
Professional Designations: Mr. Loescher has earned the right to use the Chartered Financial Analyst (CFA)
designation and is a member of the Portland Society of Financial Analysts, Portland Alternative Investment
Association and the CFA Institute.
Item 3- Disciplinary Information
Registered investment advisers are required to disclose all material facts regarding any legal or disciplinary
events that would he material to your evaluation of each supervised person providing investment advice.
No information is applicable to this Item.
Item 4- Other Business Activities
No information is applicable to this Item.
Item 5- Additional Compensation
No information is applicable to this Item.
Item b - Supervision
Mr. Loescher's work,including investment advice and interaction with clients is monitored periodically by
review of his client's performance reports,written correspondence and e-mail,by the Chief Compliance
Officer, Michelle Ruppelt,and Director of Consulting Services, Jayson Davidson.
2
Hyas Group,Form ADV Part 213,Brochure Supplement
March 24,2014
Item 1
Gregory Thomas Settle
This Brochure Supplement provides information about Greg Settle that supplements the Hyas Group, LLC
Brochure. You should have received a copy of that Brochure. Please contact Michelle Ruppelt, Chief
Compliance Officer if you did not receive Hyas Group's Brochure or if you have any questions about the
contents of this supplement.
Additional information about Greg Settle is available on the SEC's wehsite at www.adviserinfo.sec.gov.
Item 2 - Educational Background and Business Experience
Born: 1957
Education after High School: Bachelor of Science, Portland State University, 1983
Business background:
2010 -present, Investment Consultant at Hyas Group, LLC.
2008-2010, Consultant at Aon Investment Consulting
2007-2007, Consultant at Northwest Capital Management
1992-2007, Consultant (1992-1996)and Vice President (1997-2007) at ICMA RC
1988-1992, Director, Deferred Compensation Plan Services, The New England Co.
1984-1988, Representative,The Holden Group/Security First Group
Professional Designations: Mr. Settle has passed the Chartered Financial Analyst (CFA) Exam 1 (of 3)
Additionally he is a member of National Association of Government Defined Contribution Administrators
(NAGDCA). He currently holds the Ser.65 license and has passed the NASD Series 7,63 and 28 exams,
though those designations were allowed to lapse when Mr. Settle entered the consulting industry in 2007.
He currently serves on the NAGDCA Survey Committee.
Item 3- Disciplinary Information
Registered investment advisers are required to disclose all material facts regarding any legal or disciplinary
events that would he material to your evaluation of each supervised person providing investment advice.
No information is applicable to this Item.
Item 4- Other Business Activities
No information is applicable to this Item.
Item 5- Additional Compensation
No information is applicable to this Item.
Item 6 - Supervision
Mr. Settle's work,including investment advice and interaction with clients is monitored periodically by
review of his client's performance reports,written correspondence and e-mail,by the Chief Compliance
Officer, Michelle Ruppelt,and Director of Consulting Services,Jayson Davidson.
3
Hyas Group,Form ADV Part 213,Brochure Supplement
March 24,2014
Item 1
Scott Allen Faris
This Brochure Supplement provides information about Scott Faris that supplements the Hyas Group, LLC
Brochure. You should have received a copy of that Brochure. Please contact Michelle Ruppelt, Chief
Compliance Officer if you did not receive Hyas Group's Brochure or if you have any questions about the
contents of this supplement.
Additional information about Scott Faris is available on the SEC's wehsite at www.adviserinfo.sec.gov.
Item 2 - Educational Background and Business Experience
Born: 1953
Education after High School: Bachelor of Science, Montana State University,1977
J.D.,William Mitchell College of Law,1988
Business background:
2011 -present, Investment Consultant at Hyas Group, LLC.
2008 -2011, Consultant,Towers Watson Investment Services
2005 -2008, Consultant, Principal, Northwest Capital Management
1997-2005, Consultant, Arnerich Massena&Associates
1990-1997, Associate, William M. Mercer
Professional Designations: Mr. Faris has earned the right to use the Chartered Financial Analyst (CFA)
designation. Additionally,he is a member of the Chartered Financial Analyst (CFA) Institute and the
Western Pension& Benefits Conference.
Item 3- Disciplinary Information
Registered investment advisers are required to disclose all material facts regarding any legal or disciplinary
events that would he material to your evaluation of each supervised person providing investment advice.
No information is applicable to this Item.
Item 4- Other Business Activities
No information is applicable to this Item.
Item 5- Additional Compensation
No information is applicable to this Item.
Item b - Supervision
Mr. Faris'work,including investment advice and interaction with clients is monitored periodically by
review of his client's performance reports,written correspondence and e-mail,by the Chief Compliance
Officer, Michelle Ruppelt,and Director of Consulting Services, Jayson Davidson.
4
Hyas Group,Form ADV Part 213,Brochure Supplement
March 24,2014
Item 1
P. Vincent Galindo
This Brochure Supplement provides information about Vincent Galindo that supplements the Hyas Group,
LLC Brochure. You should have received a copy of that Brochure. Please contact Michelle Ruppelt, Chief
Compliance Officer if you did not receive Hyas Group's Brochure or if you have any questions about the
contents of this supplement.
Additional information about Vincent Galindo is available on the SEC's wehsite at www.adviserinfo.sec.gov.
Item 2 - Educational Background and Business Experience
Born: 1970
Education after High School: Bachelor of Arts, University of California at Berkeley,1995
Business background:
2014 -present, Investment Consultant at Hyas Group, LLC.
2005 -2014, Investment Consultant,Arnerich Massena &Associates
2004 -2005, Education Consultant,Arnerich Massena& Associates
2003 -2004, Investor Information Coordinator, Oregon Division of Finance & Corporate Securities
2001-2003, Financial Advisor, Waddell& Reed Inc.
lggq -2001, Analyst, Thomas Weisel Partners
Item 3- Disciplinary Information
Registered investment advisers are required to disclose all material facts regarding any legal or disciplinary
events that would he material to your evaluation of each supervised person providing investment advice.
No information is applicable to this Item.
Item 4- Other Business Activities
No information is applicable to this Item.
Item 5- Additional Compensation
No information is applicable to this Item.
Item b - Supervision
Mr. Galindo's work,including investment advice and interaction with clients is monitored periodically by
review of his client's performance reports,written correspondence and e-mail,by the Chief Compliance
Officer, Michelle Ruppelt,and Director of Consulting Services, Jayson Davidson.
5
G R 0 1 P
Hyas Group, LLC -
Privacy Notice
We, like other professionals who advise on personal financial matters are required to
inform our clients of our policies regarding the privacy of client information.
In the course of providing our clients with certain advice, we may receive nonpublic or
personal financial information from our clients, their accountants and other
representatives, such as financial statements, tax and income information and other
financial information. All nonpublic or personal information that we receive
regarding our clients or former clients is held in strict confidence in accordance with
our professional obligations, and is not released to people outside the Firm, except
with your consent or as required by law or to explain our actions to professional
organizations thatwe are members of. We may share certain information with non-
affiliated third parties who assist us in providing our services to you (such as
administrative and clientservice functions) or marketing services, to advise you of
our services, subjectto the obligation of these third parties notto use or disclose
such information for any other purpose.
We retain records relatingto professional services thatwe provide so thatwe are
better able to assist you with your professional needs and, in some cases to comply
with professional guidelines. In order to guard your nonpublic or personal
information from unauthorized disclosure, we maintain physical, electronic and
procedural safeguards.
Hops Group,LLC • 108 NW 9th Avenue Suite 203,Portland,Oregon 97209 • ph.971-634-1503fx 971-275-1856
ACC>h70DATE(MMIDD/YYYYI -
��..� CERTIFICATE OF LIABILITY INSURANCE 7/25/2014
THIS CERTIFICATE IS ISSUED AS A MAT I'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and Conditions of the poiley,certain policies may require an endorsement. A statement on this certificate does not Connor rights to the
certificate holder In Ileu of such endorsemenl(s).
PRODUCER CONTACTMichelle Pelletier
NAME;
AIBI dba Pan American Insurance Agency, Inc. ExflPHONE ' , (916)286-5960 p1X ./916J 6a6-3996
CA License (1 OF89850 - 'MgIL
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PG Pox 13792 INSURERS)AFFORDING COVERAGE NAIC0 '
Sacramento CA 95853 INSURERAMartford Casualty Ins Company Comparry 29424
INSURED INSURERB:AXIS Surplus Insurance Compare
Hyas Group, LLC INSURER c;Se_n_tinel Insurance Company 1100
108 NW 9th Ave INSURER D: _
Ste 203 INSURER E:
Portland OR 97209 INSURRNF;
COVERAGES CERTIFICATE NUMBER:CL1472545657 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WfIICl1 THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD OR POLICY EFF POLICY EXP
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GENERAL LIAaIUTY EACH OCCURRENCE S 2,000,000
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GENERALAGGREGATE _ $ 4,000,000
GENT.AGGREGATE.I.IMIT APPLIES PER: PRODUCTS-COMPIOP AGG 3 4,BOB,000
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AUTOMOBILE LIABILITY UUMBINhU SINGLE LIMIT
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EXCESS LIAR CLAIMS-MA➢C AGGREGATE $
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Claims Made Form S3;o00,nn7 aDO,aeale Retention
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 10f,Atltlllmnal Remarks Schedule,If more space is familredi
City of Kent is named as additional insured as respects the general liability policy if required by a
written contract per form SS 00 08 04 05 attached.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLF_D BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of KentACCORDANCE WITH THE POLICY PROVISIONS,
Attn: Becky Fowler AUTHORIZED REPRESENTATIVE
220 Fourth Avenue South
Kent, WA 98032
Steve Martin/MICTIEL
ACORD 25(2010106) 01988-2010 ACORD CORPORATION. All rights reserved.
INS025(2010051.01 The ACORD name and logo are registered marks of ACORD
Additional Insurod
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which.physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occwred;or
"employees", "volunteer workers",
any partner or member (if you are (2) 'Personal and advertising injury"
a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your"employee"or With respect to 'mobile equipment" registered in
"volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager. law, any person is an insured while driving such
c. Temporary Custodians Of Your equipment along a public highway with your
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responsible for the conduct of such person is
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duties under this insurance. an insured under this provision.
o. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary there o Willi respect to watercraft you do not own that
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effective date of this Cov a your permission. Any other person or
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an insured undor such policy but for its Howovor, no person or organization is an
termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft;or
Any organization you newly acquire or farm, b. 'Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50%of an insured under this provision.
the voting stock, will qualify as a Named 6. Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization. However: Permit
a. Coverage cinder this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a. through f. below are additional
or form the organization or the and of the insureds when you have agreed, in a written
policy period,whichever is earlier;and
Form SS 00 08 04 05 Page 11 of 24
Additional Insured;
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (e) Any failure to make such
permit issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as an additional insured on your agreed to make or normally
policy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement,or the issuance of the permit. with the distribution or sale of the
A person or organization is an additional products;
insured under this provision only for that (t) Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization is an
connection with the sale of the
additional insured under this provision if such
person or organization is included as an product;
additional insured by an endorsement issued (g) Products which, after distribution
by us and made a part of this Coverage Part, or sale by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds under the specific ntainer, part or ingredient of any
additional insured coverage grants in Section ter thing or substance by or for
F.—Optional Additional Insured Coverages. ondor;or
a. Vendorsiitodlly injury" or "property
damage" arising out of the rota
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to negligence of the vendor for its
'bodilyinjury" or "properly dame e" arising awn acts or emissions or those e
� ry,� g g its employees or anyone else
out of "your products" which are distributed acting on its behalf. However,this
or sold in the regular course of fire vendor's exclusion does not apply to:
business and only if this Coverage Part
provides coverage for "bodily Injury" or (i) The exceptions contained in
"property damage" included within th Subparagraphs(d)or(1);or
"products-completed operations hazard". (11) Such inspections, adjustments,
(1) The insurance afforded to th r tests or servicing as the vendor
is subject to the followlnb�it] nal has agreed to make or normally
exclusions: b undertakes to make in the usual
This insurance densIlk , to' course of business, in
connoclion with the distribution
(a) "Bodily inj "properly or sate of the products.
damage" fo wh the vendor Is (2) This insurance does not apply to any
obligat y damages by insured
reason a assumption of person organization from
liability in contract or agreement. whom you have acquired
uired such products,
This exclusion does not apply to or any ingredient, part or container,
liability for damages that the entering into, accompanying or
containing such products.
vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from
unauthorized by you; whom you lease equipment; but only
with respect to their liability for "bodily
(c) Any physical or chemical change injury", "properly damage" or
in the product made intentionally "personal and advertising injury"
by the vendor; caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing, person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the,
original container;
Page 12 of 24 Form SS 00 08 04 05
Additional Insured
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the Insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person of organization from has issued a permit.
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage"
leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to: municipality;or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property darnago"
place after you cease to lease that included within the "products-
land or be a tenant in that pieted operations hazard".
premises;or f. AnOn1ot
er arty
(b) Structural alterations, new ( other person or organization who
construction or demolition an Insured under Paragraphs a,
operations performed by or on through e above, but only with
behalf of such person or V respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects,Engirfeers Or Surveyors advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor,but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "persona., on your behalf:
and advertising Injury" caused,in w (a) In the performance of your
or in part, by your acts or omfs ' o ongoing operations;
the acts or omissions of those�cii (b) In connection with your premises
yourbehalf: ors owned by or rented to you;or
(a) In connection wf emises; (c) In connection with"your work"and
or Included within the "products-
(b) In the pe a of your cornploted operations hazard", but
ongoinge s performed by only if
you or c ehaff, (1) The written contract or written
(2) With respect t the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured;and
This insurance does not apply to (11) This Coverage fart provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising cut of the rendering of or the within the ..products-
failure to render any professional completed operations hazard".
services by or for you,including; (2) With respect to the insurance afforded
(a) The preparing, approving, or . to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", 'property damage" or
reports, surveys, field orders, "personal arid advertising injury"
change orders, designs or arising out of the rendering of, or tho
drawings and specifications;or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
i
? Additional Insured
i BUSINESS LIABILITY COVERAGE FORM
I (a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "properly damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications;or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.s. or 2.b above, whichever
I activities, applies,the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits "property damage" and medical expenses
Of Insurance. arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional Insured the Declarations.
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any
General Conditions. one person is the Medical Expenses Limit
No person or organization is an insured with shown in thikDeclarallons.
respect to the conduct of any current or past 4. Personal n dvertising Injury Limit
partnership, joint venture or limited liability Sut)j above, the most we will pay for
company that Is not shown as a Named Insured in th t all damages because of all
the Declarations. e I and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES a person or organization is the Personal
LIMITS OF INSURANCE Advertising Injury Limit shown in the
eclarations.
1. The Most We Will Pay Damage To Premises Rented To You Limit
The Limits of Insurance shown in the The Damage To Premises Rented To You
Declarations and the rules below fix the mos Limit is the most we will pay under Business
we will pay regardless of the number oi: Liability Coverage for damages because of
a. Insureds; "properly damage"to any one promises,while
Is. Claims made or"suits"brought o rented to you,or in the case of damage by fire,
c. Persons or organizations rW ' s or lightning or explosion, while rented to you or
bringing "suits". temporarily occupied by you with permission of
2. Aggregate Limits6 the owner.
The most we will pay for: In the case of damage by fire, lightning or
explosion,the Damage to Premises Rented To
a. Damages beca tidily injury" and You Limit applies to all damage proximately
"property dam Included In the caused by the same event, whether such
"products-complet operations hazard"is damage results from fire,lightning or explosion
the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional Insureds
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury", "property damage" or "personal organization who is an additional insured
and advertising injury", including medical underthis Coverage Pail is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision;or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations,
some or connecting lots, or promises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad.
Page 14 of 24 Form SS 00 08 04 05
Additional Insurcctl
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or"suit", the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or"suit';
single highest limit of liability of all coverages (2) Authorize us to obtain records and
applicable to such claim or "suit". However, this other information;
paragraph duos not apply to the Medical Expenses
limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the"suit"and
separately to each consecutive annual period and to (4) Assist us, upon our request, in the
any remaining period of less than 12 months,starting enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be
Declarations, unless the policy period is extended able to the insured because of injury
after issuance fa an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES No ins ed will, except at that insured's own
GENERAL CONDITIONS cost, vo tardy make a payment, assume
any o a n, or incur any expense, other
1. Bankruptcy th aid,without our consent.
Bankruptcy or Insolvency of the Insured or of o. d ti nal Insured's Other Insurance
the insured's estate will not relieve us of our Q e cover a claim or "suli under this
obligations under this Coverage Part. `overage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an
Offense,Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
You or any additional insured must see t other insurer for defense and Indemnity.
it that we are notified as soon However, this provision does not apply to
practicable of an "occurrence" o the extent that you have agreed in a
offense which may result in a cl ' o written contract, written agreement or
the extent possible, notice sho6 of e: permit that this insurance is primary and
non�contrlbutery with the additional
(1) How,when and wher rrence" Insured's own insurance.
or offense to place;
(2) The names an r es of any f. Knowledge 0#An Occurrence, Offense,
Claim Or Suit
injured pors ns d ' nesses;and
Paragraphs a, and b, apply to you or to
(3) The nature n tion of any injury any additional insured only when such
or damage arising out of the "occurrence", offense, claim or "suit" is
"occurrence"o offense. known to:
b. Notice Of Claim
(1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional
insured must: insured is a partnership;
(i) Immediately record the specifies of the (3) Any manager, if you or an additional
claim or "suit" and the date received; insured is a limited liability company;
and
(4) Any "executive officer" or insurance
(2) Notify us as soon as practicable, manager, if you or an additional
You or any additional insured must see to insured is a corporatlon;
it that we receive a written notice of the (5) Any trustee, if you or an additional
claim or"suit"as soon as practicable. insured is a trust;or
c. Assistance And Cooperation Of The (6) Any elected or appointed official,if you
Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
'Additi.onal Insured
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in rolianco
you and any additional insured. upon your representations.
3, Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under if unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards rolating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure,
the extent of the coverage and limits of 7. Other Insurance
insurance required by that law. If other valid and collectible insurance is
b. With respect to "mobile equipment" to a
which this insurance applies, we will available fora loss we cover under this
provide any liability, uninsured motorists, Coverage Part, our obligations are limited as
follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law. We will provide the required limits for This in ranee is primary except when b.
those coverages. below, p '.s. if other insurance is also
4. Legal Action Against Us pri, will.share with all that other
No person or organization has a right under I e by the method described in c.
this Coverage Form: o
a. To join us as a party or otherwise bring us access Insurance
into a "suit' asking for damages from an his insurance is excess over any of the
insured;or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unloss contingent or on any other basis:
all of its terms have been fully complied (1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to roe Builder's Risk, Installation Risk or
on an agreed settlement or on a final ju n similar coverage for"your work";
against an insured; but we will note ab r (2) Premises Rented To You
damages that are not payable u s of
That is fire, lightning or explosion
this insurance or that are of the
Insurance for premises rented to you
settlement means a settle
applicable limit of tittle n a release
agreedelease of or temporarily occupied by you with
liability signed by us, a sured and the permission of the owner;
claimant or the claim opresentativa. (3) Tenant Liability
5. Separation Of inuu a That Is Insurance purchased by you to
Except with respect to the Limits of Insurance, cover your liability as a tenant for
and any rights or duties specifically assigned "property damage"to premises rented
in this policy to the first Named Insured, this to you or temporarily occupied by you
insurance applies: with permission of the owner;
a, As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft
Named Insured;and If the loss arises out of the maintenance
b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to
a claim is made or"suit'is brought. the extent not subject to Exclusion g.of
6. Representations SectionA.—Coverages.
a t This Polio (5) Property Damage To Borrowed
. When You Accept y Equipment Or Use Of Elevators
By accepting this policy, you agree: If the loss arises out of "property
(1) The statements in the Declarations damage" to borrowed equipment or
are accurate and comploto; the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k.of Section A.—
representations you made to us;and Coverages.
Page 16 of 24 Form SS 00 08 04 05
Additional Insured;
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That Is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance;and
operations, for which you have been (2) The total of all deductible and self-
added as an additional insured by that insured amounts under all that other
insurance;or insurance.
(7) When You Add Others As An We will share the remaining loss,if any,with
Additional Insured To This any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to C. Matho Of Sharing
any person or organization who is an If all other insurance permits
additional insured under this Coverage con ' io y equal shares,we will follow
Part: tl i od also. Under this approach,
(a) Primary Insurance When c " surer contributes equal amounts
Required By Contract it has paid its applicable limit of
This insurance Is primary If you + surance or none of the loss remains,
have agreed in a written contract, whichaver comes first
written agreement or permit that if any of the other insurance(foes not permit
this insurance be primary. If other contribution by equal shares, we will
insurance is also primary, we will contribute by limits. Under this method,each
share with all that other Insuranc insurer's share is based on the ratio of its
by the method described it applicable limit of insurance to the total
below, applicable limits of insurance of all Insurers-
(b) Primary And Non-Con b 8. Transfer Of Rights Of recovery Against
To Other Inswa on Others To Us
required By Co r a. Transfer Of Rights Of Recovery
If you have g e a written If the insured has rights to recover all or
contract, wr' reement or part of any payment, including
permit at th Insurance Is Supplementary Payments, we have made
primary -contributory with under this Coverage Part, those rights are
the ad tonal insured's own transferred to us. The insured must do
insurance, this Insurance is nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance. enforce them. This condition does not
Paragraphs(a)and (b)do not apply to apply to Medical Expenses Coverage,
other insurance to which the additional b. Waiver Of Rights Of recovery (Waiver
insured has boon added as an Of Subrogation)
additional insured.
W If the insured has waived any rights or
When this insurance is excess, we will
e Part to recovery against any person or
have no duty under this Coverage organization for all or part of any payment,
defend the insured against any"suit"if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights against all those of insurers. agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
Additional Insured
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional insured-Grantor Of Franchise
COVERAGES WHO IS AN INSURED under Section C, is
It listed or shown as applicable in the Declarations, amonded to include as an additional insured
one or more of the following Optional Additional the person(s) or organization(s) shown in the
Insured Coverages also apply. When any of these Declarations as an Additional Insured -
Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you.
by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured,does not apply Equipment
to the person or organization shown in the a. WHO IS AN INSURED under Section C.is
Declarations. These coverages are subject to the amended to Include as an additional
terms and conditions applicable to Business insured the person(s) or organization(s)
Liability Coverage in this policy, except as shown in the Declarations as an Additional
provided below: Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for"bodily
Organization injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or
amended to include as an additional Insured in part, your maintenance, operation or
the person(s) or organlzation(s) shown in the use of ec ment leased to you by such
Declarations, but only with respect to liability pe organization(s).
for "bodily injury", 'property damage" or b. i pact to the insurance afforded to
"personal and advertising Injury" caused, in a additional insureds, this insurance
whole or in part, by your acts or omissions or es not apply to any "occurrence" which
the acts or omissions of those acting on your akes place after you cease fo lease that
behalf: equipment.
a. In the performance of your ongoing Additional Insured - Owners Or Other
operations;or Interests From Whom Land Has Been
b. In connection with your premises owne Leased
by or rented to you. ' a. WHO IS AN INSURED under Section C.is
2. Additional Insured - Managers Or S amended to include as an additional
Of Premises 0 insured the person(s) or organization(s)
a. WHO IS AN INSURED under is shown in the Declarations Additional
Insured—Owners Or Otherr Interests From
amended to include as an t Insured
the person(s)or orga ' a n own in the Whom Land Has Been Leased, but only
Declarations as an at Insured - with respect liability arising out of the
Designated Po O r izatlon;but only ownership,maintenance a use of that part
of the land leased to you and shown in the
with respect to arising out of the
Declarations.
ownership,mainte nce or use of that part of
the premises lease to you and shown in the b. With respect to the insurance afforded to
Declarations. these additional insureds, the following
additional exclusions apply:
b. With respect to the insurance afforded to This insurance does not apply to:
these additional insureds, the following
additional exclusions apply: (I) Any "occurrence" that takes place
This insurance does not apply to: after you cease to lease that land;or
(1) Any "occurrence" which fakes place (2) Structural alterations, new
after you cease to be a tenant in that construction or demolition operations
premises;or performed by or on behalf of such
(2) Structural alterations, new person or organization.
construction or demolition operations 6. Additional Insured - State Or Political
performed by or on behalf of such Subdivision—Permits
person or organization. a. WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
Additional Insured'
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - (e) Any failure to make such
Permits, but only with respect to inspections, adjustments, tests or
operations performed by you or on your servicing as the.vendor has agreed
behalf for which the state or political to make or normally undertakes to
subdivision has issued a permit. make in the usual course of
b. With respect to the insurance afforded to business, in connection with the
these additional insureds, the following distribution or sale of the products;
additional exclusions apply: (f) Demonstration, installation,
This insurance does not apply to: servicing or repair operations,
(1) "Bodily injury", "property damage" or except such operations performed
"personal and advertising injury" at the vendor's premises in
connection with the sale of the
arising out of operations performed for
the state or municipality;of product;
(2) "Bodily injury" or "property damage" (g) Products which, after distribution
included in the 'product-completed or sale you,have been labeled
operations"hazard. or relabeled or used of a
container, part or ingredient of any
7. Additional Insured—Vendors 5dily
r thing or substance by or for
a. WHO IS AN INSURED under Section C.is endor;or
amended to Include as an additional injury" or "property
insured the person(s). or organization(s) damage" arising out of the solo
(referred to below as vendor) shown In the negligence of the vendor for its
Declarations as an Additional Insured - own acts or omissions or those of
Vendor, but only with respect to "bodily its employees or anyone else
injury" or"properly damage" arising out of acting on its behalf. However,this
"your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (1) The exceptions contained in
business and only If this Coverage Part Subparagraphs(d)or(f);or
provides coverage for "bodily injury" o
"properly damage" included within (li) Suchinspections,
"products-completed operations haza ". adjustments, tests orrservicing
serrvviccinging
as the vendor has agreed to
b. The insurance afforded to the n< s make or normally undertakes
subject to the following addlfr ns:
to make in the usual course of
(1) This insurance does do: business, in connection with
(a) "Bodily inj "property the distribution or sale of the
damage" for a vendor is products.
obligat o damages by (2) This insurance does not apply to any
reason a assumption of insured person or organization from
liability in contract or agreement. whom you have acquired such
This exclusion does not apply to products, or any ingredient, part or
liability for damages that the container, entering into,
vendor would have in the absence accompanying or containing such
of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured--Controlling Interest
unauthorized by you; WHO IS AN INSURED under Section C. is
(e) Any physical or chemical change amended to include as an additional insured
in the product made intentionally the person(s) or organization(s) shown in the
by the vendor; Declarations as an Additional Insured —
(d) Repackaging, unless unpacked Controlling Interest, but only with respect to
solely for the purpose of inspection, their liability arising out of:
demonstration, testing, or the a. Their financial control of you;or
substitution of pans under b. Premises they own, maintain or control
instructions from the manufacturer, while you lease or occupy these premises.
and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
t
Additional Insured.
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply Co structural The limits of insurance that apply to additional
alterations, new construction and demolition Insureds aro described in Section D. - Limits Of
operations performed by or for that person or Insurance.
organization. How this insurance applies when other insurance
9. Additional Insured — Owners, Lessees Or is available to an additional insured Is described in
Contractors — Scheduled Person Or the Other Insurance Condition in Section E. —
Organization I-lability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured—Owner, Lessees Or Contractors, 1• "Advertisement" means the widespread public
but only with respect to liability for "bodily dissemination of information or images that
Injury", "property damage" or "personal has the purpose of inducing the sale of goods,
and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio;
acts or omissions of those acting on your (2) Television;
behalf:
Bill to
(1) In the performance of your ongoing 1(3) ;
(4) M az e;
operations for the additional
insured(s);or {5 spaper,
(2) In connection with "your work" b• ernet, but only that part of a web
performed for that additional insured that is about goods, products or
and included within the "products- ervices for the purposes of inducing the
completed operations hazard", but sale of goods,products or services;or
only if this Coverage Part provides c. Any other publication that is given
coverage for "bodily Injury" or widespread public distribution.
"property damage" included within the However,"advertisement"does not include:
"products-completed operation
hazard". a. The design, printed material, information
or images contained in, on or upon the
b. With respect to the insurance aff o packaging or labeling of any goods or
these additional insureds, this' i ur ce products;or
dons not apply to "bodily faJ arty
damage" or "personal edising b. An interactive conversation between or
injury" arising out of h r ing of, or among persons through a computer network.
the failure to rend professional 2. "Advertising Idea" means any idea for an
architectural, in ri or surveying "advertisement",
services,includi S. "Asbestos hazard" means an exposure or
(1) The preparin approving, or failure to threat of exposure to the actual or alleged
prepare or approve, maps, shop properlies of asbestos and includes the mere
drawings, opinions, reports, surveys, presence of asbestos in any form.
field orders, change orders,designs or 4. "Auto" means a land motor vehicle, trailer or
drawings and specifications;or semi-trailer designed for travel on public
(2) Supervisory, inspection, architectural roads, including any attached machinery or
or engineering activities. equipment. But "auto" does not include
10. Additional Insured — Co-Owner Of Insured "mobile equipment".
Premises 5. "Bodily injury"means physical:
WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness;or
the person(s) or Organization(s) shown in the c. Disease
Declarations as an Additional Insured — Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the
respect to their liability as co-ownor of the above,mental anguish or death at any time.
premises shown in the Declarations. 6. "Coverage territory"means:
Page 20 of 24 form SS 00 08 04 05
Addi.t.i.onal Tnsured
BU.SINESS LIABILITY COVERAGE FORM
a. The United States of America (including its b. You have failed to fulfill the terms of a
territories and possessions), Puerto Rico contract or agreement;
and Canada; if such property can be restored to use by:
b. International waters or airspace, but only if a. The repair, replacement, adjustment or
the injury or damage occurs in the course removal of "your product" or "your work";
of travel or transportation between any or
places included in a.above; b. Your fulfilling the terms of the contract or
c. All other parts of the world if the injury or agreement.
damage arises out of:
12. "Insured contract"means:
(1) Goods or products made or sold by you a. A contract for a lease of premises.
in the territory described in a,above; However, that portion of the contract for a
(2) The activities of a person whose home lease of premises that indemnifies any
is in the territory described in a. person or organization for damage by tire,
above, but is away for a short time on lightning or explosion to premises while
your business;or rented .to you or temporarily occupied by
(3) "Personal and advertising injury" you with permission of the owner is
offenses that take place through the subject to the Damage To Promises
Internet or similar electronic moans of Rents You limit described in Section
communication 6,— if and Medical Expenses Limits
provided the insured's responsibility to pay r nee.
damages is determined in the United States of b. 4 rack agreement
America (including Its territories and y easement or license agreement,
possessions), Puerto Rico or Canada, in a ncluding an easement or license
"suit" on the merits according to the agreement in connection with construction
substantive law In such territory, or In a or demolition operations on or within 50
settlement we agree to. feet of a railroad;
7, "Electronic data" means Information, facts or d. Any obligation, as required by ordinance,
programs: to indemnify a municipality, except in
a. Stored as or on; connection with work for a municipality;
b. Created or used on;or a. An elevator maintenance agreement;or
c. Transmitted to or from f. That part of any other contract or
computer software, includi 1 s and agreement pertaining to your business
applications software, h rd py disks, (including an indemnification of a
CD-ROMS, tapes, d ells, data municipality in connection with work
processing devices r a er media which performed for a municipality) tinder which
are used with cally controlled you assume the tort liability of another
equipment. party to pay for "bodily injury" or"property
B. "Employee" includes a 'leased worker". damage"to a third person or organization,
provided the "bodily injury" or "property
"Employee" does not include a "temporary damage" is caused, in whole or in part, by
worker". you or by those acting on your behalf.
9. "Executive officer" means a person holding Tort liability means a liability that would be
any of the officer positions created by your imposed by law in the absence of any
charter, constitution, by-laws or any other contract or agreement.
similar governing document. Paragraph f. includes.that part of any
10, "Hostile fire" means one which becomes contract or agreement that indemnifies a
uncontrollable or breaks out from where it was railroad for "bodily injury" or "property
intended to be damage" arising out of construction or
11. "Impairod property" means tangible property, demolition operations within 50 feet of any
other than "your product" or "your work", that railroad property and affecting any railroad
cannot be used or is less useful because: bridge or trestle, tracks, road-beds,tunnel,
a. It Incorporates "your product" or"your work" underpass or crossing.
that is known or thought to be defective, However, Paragraph f, does not include
deficient,inadequate or dangerous;or that part of any contract or agreement:
Form SS 00 08 04 05 Page 21 of 24
Additional. InNured
BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect, (1) Power cranes, shovels, loaders,
engineer or surveyor for injury or diggers or drills;or
damage arising out of: (2) Road construction or resurfacing
(a) Preparing, approving or failing to equipment such as graders, scrapers
prepare or approve maps, shop or rollers;
drawings, opinions, reports, o, Vehicles not described in a., le., c., or d.
surveys, field orders, change above that are not self-propelled and are
orders, designs or drawings and maintained primarily to provide mobility to
j specifications;or permanently attached equipment of the
(b) Giving directions or instructions, following types
or failing to give them, if that is the
primary cause of the injury or ('0 Air compressors, pumps and
damage;or generators, including spraying,
welding, building cleaning,
(2) Under which the insured, if an geophysical exploration, lighting and
architect, engineer or surveyor, wdl servicing equipment;or
assumes liability for an injury or (2) Cherry pickers and similar devices
damage arising out of the insured's us)d to raise or lower workers;
rendering or failure to render
professional services, including those I. Vehict t described in a., b., c., or d,
listed in (1) above and supervisory, abor a' ained primarily for purposes
inspection, architectural or n the transportation of persons or
engineering activities. r
13. "Leased worker" means a person leased to ever, self-propelled vehicles with the
YOU by a labor leasing firm, under an allowing types of permanently attached
agreement between you and the labor leasing equipment are not"mobile equipment" but
firm,to perform duties related to the conduct of will be considered"autos`:
your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds
include a"temporary worker gross vehicle weight, designed
14. "Loading or unloading" means the handlin c primarily for:
property: (a) Snow removal;
a. After it is moved from the plat&w (b) Road maintenance, but not
accepted for movement int t an construction or resurfacing;or
aircraft,watercraft or"au . (c) Street cleaning;
b. While it is in or on an air Qtercraft or (2) Cherry pickers and similar devices
"auto';or mounted on automobile or truck
c. While it Is bet m ed om an aircraft, chassis and used to raise or lower
watercraft or"a a place where it is workers;and
finally delivered; (3) Air compressors, pumps and
but 'loading or unloading" does not Include the generators, including spraying,
movement of property by means of a mechanical welding, building cleaning,
device, other than a hand truck, that is not geophysical exploration, lighting and
allached to the aircraft,watercraft or"auto". well servicing equipment.
15, "Mobile equipment"means any of the following 16. "Occurrence" means an accident, including
types of land vehicles, including any attached continuous or repeated exposure to substantially
machinery or equipment: the same general harmful conditions.
a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury"means injury,
other vehicles designed for use principally including consequential "bodily injury", arising
off public roads; out of one or more of the following offenses:
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment;
next to premises you own or rant; b. Malicious prosecution;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
Rage 22 of 24 Form SS 00 08 04 05
r "Additional Insured
BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance,
into, or Invasion of the right of private correction, repair or replacement, but
occupancy of a room, dwelling or which is otherwise complete, will be
premises that the person occupies, treated as completed,
committed by or on behalf of its owner, The "bodily injury" or "property damage"
landlord or lessor; must occur away from premises you own
d. Oral, written or electronic publication of or rent, unless your business includes the
material that slanders or libels a person or selling, handling or distribution of "your
organization or disparages a person's or product" for consumption on premises you
organization's goods,products or services; own or rent.
e. Oral, written or electronic publication of b. Does not include "bodily injury" or
material that violates a person's right of "property damage"arising out of:
privacy; (1) The transportation of property, unless
f. Copying, in your "advertisement", a the injury or damage arises out of a
person's or organization's "advertising condition in or on a vehicle not owned
idea"or style of"advertisement"; or operated by you, and that condition
g. Infringement of copyright,slogan,or title of was created by the "loading or
any literary or artistic work, In your un ding" of that vehicle by any
"advertisement';or In re -or
h. Discrimination or humiliation that results in (2) istence of tools, uninsFalled
injury to the feelings or reputation of a pment or abandoned or unused
natural person. materials.
18. "Pollutants" means any solid, liquid, gaseous or 2�t�i _ dy damage"means:
thermal irritant or contaminant, Including smoke, `1% Physical injury to tangible property,
vapor,soot,fumes,acids,.alkakis,chemicals and Including all resulting loss of use of that
waste. Waste includes materials to be recycled, property. All such loss of use shall be
reconditioned or reclaimed. deemed to occur at the time of the
19. "Products-completed operations hazard"; physical injury that caused it;or
a. Includes all "bodily Injury" and "pro b. Loss of use of tangible property that is not
damage" occurring away from p, s physically injured. All such loss of use
you own or rent and arising of r shall be deemed to occur at the time of
product"or"your work"excq . "occurrence"that caused it.
(1) Products that are stil hysical As used In this definition, "electronic data" is
possession;or not tangible property.
(2) Work that has n y an completed 21• "Suit" means a civil proceeding in which
or abando ver, "your work" damages because of "bodily Injury", "property
will be deem d e completed at the damage" or "personal and advertising injury"
earliest of the flowing times: to which this Insurance applies are alleged.
(a) When all of the work called for in "Suit"includes:
Your contract has been completed. a. An arbitration proceeding in which such
(b) When all of the work to be done at damages are claimed and to which the
the job site has been completed if insured must submit or does submit with
your contract calls for work at our consent;or
more than one jab site. b. Any other alternative dispute resolution
(e) When that part of the work done at proceeding in which such damages are
claimed and to which the insured submits
a job site has been put to its
with our consent.
intended use by any person or
organization other than another 22. "Temporary worker" means a person who is
contractor or subcontractor furnished to you to substitute for a permanent
working on the same project, "employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker"means a person who:
a. Is not your"employee'
Form SS 00 08 04 05 Page 23 of 24
i
i
i Additi.orial Insured,
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work; (2) The providing of or failure to provide
o. Acts at the direction of and within the warnings or instructions.
( scope of duties determined by you;and c. floes not include vending machines or
d. Is not paid a fee, salary or other other property rented to or located for the
compensation by you or anyone else for use of others but not sold.
their work performed for you. 25. "Your work
24. "Your product": a. Means:
a. Means: (1) Work or operations performed by you
(1) Any goods or products,other than real or on your behalf;and
property, manufactured,sold, handled, (2) Materials, parts or equipment
distributed or disposed of by: furnished In connection with such work
(a) You; or operations.
(b) Others trading under your name; b. Includes:
or
(1) Warranties or representations made at
(c) A person or organization whose any time with respect to the fitness,
business or assets you have qu Ifty, durability, performance or use
acquired;and " r work";and
(2) Containers (other than vehicles), (2)6of
iding of or failure to provide
materials, parts or equipment gs or instructions,
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of"your product';and.
01
S
Page 24 of 24 Form SS 00 08 04 05
KENT & Agenda Item: Consent Calendar — 7H
TO: City Council
DATE: June 16, 2015
SUBJECT: Fiscal Year 2014 Edward Byrne Memorial Justice Assistance Grant —
Authorize
MOTION: Authorize the Mayor to accept the Fiscal Year 2014 Edward Byrne
Memorial Justice Assistance Grant in the amount of $57,455, ratify and
authorize the Mayor's signing of all necessary documents, amend the
budget, and authorize expenditure of the funds in accordance with grant
terms and conditions acceptable to the Police Chief and City Attorney.
SUMMARY: The City of Kent, in conjunction with 11 other jurisdictions in King
County, filed a joint application for $685,828 in funds from the Edward Byrne
Memorial Justice Assistance Grant to assist with various law enforcement needs. The
City of Seattle serves as the primary representative to manage the overall grant
funding, to process expenditures, and to file necessary reports regarding use of the
grant funds. Of the total $685,828 awarded to these 11 agencies, the City of Kent will
receive $57,455 in grant funds.
The City of Kent intends to use a majority of grant funds to deploy officers on
overtime to "hot spot" areas for crime and to conduct illegal street racing
enforcement. Funding will allow the purchase of a Facial Recognition Workbench which
is software to enable the ability to turn a still picture to map the faces of individuals
and be compared to jail interfaces. This was the software used by Boston law
enforcement officials to identify the "Boston Marathon Bombers". Funding will also
purchase five additional Spy Alarms to supplement Intelligence Led Policing. These
alarms will be deployed in high crime areas. Funds will also be used to start a new
program. The department will purchase up to 16 personal GPS units which will be
given to vulnerable individuals in the Kent community. Grant funds will also be used to
purchase graffiti removal supplies and equipment for the Kent Corrections Work Crew.
Due to timing issues, the Mayor signed the grant agreement in advance of Council
approval having been obtained. Therefore, ratification and approval of the Mayor's
signing of the grant agreement is sought.
EXHIBIT: 1) Interagency Agreement
2) Invoice Voucher
RECOMMENDED BY: Public Safety Committee
YAY: Berrios, Thomas, Ralph NAY:
BUDGET IMPACT: Unanticipated Income
This page intentionally left blank.
Interagency Agreement
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2014 Local Solicitation
Executed by
City of Seattle
Department Authorized Representative: Diane Piton
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
and
City of Kent, hereinafter referred to as 'Recipient"
Grant Manager: Sara Wood
220 4th Ave, S
Kent, WA 98032
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
CITY OF KENT CITY OF SEATTLE
Suzette Cooke, Mayor Mike Wagers, Chief Operating Officer
Date:
Authorized by:
Grant Program: Edward Byrne MemorialJusticeAssistance Grant(JAG) Program
FY 14 JAG Interagency Agreement,Page I of 8
WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal criminal
justice funding to state and local jurisdictions; and
WHEREAS, the JAG Program supports all components of the criminal justice system, from multi-
jurisdictional drug and gang task forces to crime prevention and domestic violence
programs, courts, corrections, treatment, and justice information sharing initiatives; and
WHEREAS, the United States Congress authorized $685,828 in the Justice Assistance Grant (JAG)
Program for jurisdictions in King County; and
WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award with a
single, joint application; and
WHEREAS, the City, as the identified Fiscal Agent, submitted the joint application to the Bureau of
Justice Assistance on July 9, 2014 to request JAG Program funds; and
WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has
awarded $685,828 to the City from these JAG Program funds; and
WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal Agent for
this award, is to distribute grant funds to co-applicants, the City intends to transfer some of
the JAG funds it receives to those co-applicants; and
WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG
Program once grant funds have lapsed; and
WHEREAS, recipients of JAG funds from the City should not anticipate the City will assume
responsibility for any program costs funded by JAG once JAG funds are spent;
NOW THEREFORE, the parties hereto agree as follows;
This Interagency Agreement contains six Articles:
ARTICLE I: TERM OF AGREEMENT:
The term of this Interagency Agreement shall be in effect from the date it is executed by the SPD
Chief of Police, or designee, until September 30, 2017 unless terminated earlier pursuant to the
provisions hereof.
ARTICLE II: DESCRIPTION OF SERVICES
The services to be performed under this Agreement shall be conducted for the stated purposes of
the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.) The Edward Byrne
Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal
justice funding to state and local jurisdictions. JAG funds support all components of the criminal
justice system, from multijurisdictional drug and gang task forces to crime prevention and
domestic violence programs, courts, corrections, treatment, and justice information sharing
FY 14 JAG Interagency Agreement, Pnge 2 of 8
initiatives.JAG funded projects may address crime through the provision of services directly to
individuals and/or communities and by improving the effectiveness and efficiency of criminal
justice systems, processes, and procedures.
ARTICLE III: SPECIAL CONDITIONS
• Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance solely for the purpose of furthering the stated objectives of the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program. The Recipient shall use the funds
to perform tasks as described in the Scope of Work portion of this Agreement.
• The Recipient acknowledges that because this Agreement involves federal funding, the
period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Recipient agrees that it will not hold the Seattle Police
Department, the City of Seattle, or the Department of Justice liable for any damages, claim
for reimbursement, or any type of payment whatsoever for services performed under this
Agreement prior to the distribution and availability of federal funds.
• The Recipient shall comply with all conditions and limitations set forth in the FY 2014
Justice Assistance Grant Program Award # 2014 DJ BX 1034.
The FY 2014 Justice Assistance Grant Program Award Report #: 2014 DJ BX 1034 is
attached to and made part of this agreement, as Attachment A. Allocation and use of grant
funding must be in accordance with all special conditions included in the Award Report. All
Recipients are assumed to have read, understood, and accepted the Award Report as
binding.
• The Recipient acknowledges that all allocations and use of funds under this agreement will
be in accordance with the Edward Byrne Memorial Justice Assistance Grant (JAG) Formula
Program: Local Solicitation.Allocation and use of grant funding must be coordinated with
the goals and objectives included in the Local Solicitation.All Recipients are assumed to
have read, understood, and accepted the Local Solicitation as binding.
• Recipient agrees to obtain a valid DUNS profile and create an active registration with the
Central Contractor Registration (CCR) database no later than the due date of the Recipient's
first quarterly report after a subaward is made.
• The Recipient shall comply with all applicable laws, regulations, and program guidance. A
non-exhaustive list of regulations commonly applicable to BJA grants are listed below,
including the guidance:
(A) Administrative Requirements: OMB Circular A-102, State and Local Governments
(10/7/94, amended 8/29/07) (44CFR Part 13)
(13) Cost Principles: OMB Circular A-87, State and Local Governments (5/10/04)
FY 14 JAG Interagency Agreement,Page 3 of 8
(C) Audit Requirements: OMC Circular A-133,Audits of State, Local Governments, and
Non-Profit Organizations (6/24/97, includes revisions in the Federal Register
6/27/03)
(D) The Recipient must comply with the most recent version of the Administrative
Requirements, Cost Principals, and Audit Requirements.
1) Non-Federal entities that expend $500,000 or more in one fiscal year in
Federal awards shall have a single or program-specific audit conducted for that
year in accordance with the Office of Management and Budget (OMB) Circular
A-133-Audits of States, Local Governments, and non-Profit Organizations.
Non-federal entities that spend less than $500,000 a year in federal awards are
exempt from federal audit requirements for that year, except as noted in
Circular No. A-133, but records must be available for review or audit by
appropriate officials of the Federal agency, pass-through entity, and General
Accounting Office (GAO).
2) Recipients required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Auditing Standards (GAAS), as found in
the Government Auditing Standards (the Revised Yellow Book) developed by
the Comptroller General and the OMB Compliance Supplement. The Recipient
has the responsibility of notifying the Washington State Auditor's Office and
requesting an audit.
3) The Recipient shall maintain auditable records and accounts so as to facilitate
the audit requirement and shall ensure that any sub-recipients also maintain
auditable records.
4) The Recipient is responsible for any audit exceptions incurred by its own
organization or that of its subcontractors. Responses to any unresolved
management findings and disallowed or questioned costs shall be included
with the audit report submitted to the Seattle Police Department. The
Recipient must respond to requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The
City reserves the right to recover from the Recipient all disallowed costs
resulting from the audit.
5) If applicable, once any single audit has been completed, the Recipient must
send a full copy of the audit to the City and a letter stating there were no
findings, or if there were findings, the letter should provide a list of the
findings. The Recipient must send the audit and the letter no later than nine
months after the end of the Recipient's fiscal year(s) to:
Diane Pilon,JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
FY 141AG Interagency Agreement, Page 4 of 8
Seattle, WA 98124-4986
206-386-1996
6) In addition to sending a copy of the audit, the Recipient must include a
corrective action plan for any audit findings and a copy of the management
letter if one was received.
7) The Recipient shall include the above audit requirements in any subcontracts.
• The Recipient agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requirements, including, but not limited to, the provision of
any information required for assessment or evaluation of activities within this agreement,
and for compliance BJA reporting requirements.
• When implementing funded activities, the Recipient must comply with all applicable
federal, state, tribal government, and local laws, regulations, and policies. The Recipient is
entirely responsible for determining the Recipient's compliance with applicable laws,
regulations and policies, which include, but are not limited to:
(A) City of Seattle regulations including,but not limited to:
(1) Equal Benefits Program Rules
(SMC Ch.20.45:http://cityofseattle.net/contract/equalbenefits/)
(2) Women and Minority Owned Affirmative Effort: If a Recipient intends to subcontract
out any part of a contract instead of performing the work itself, then the following
requirement applies: Consultant shall use affirmative efforts to promote and
encourage participation by women and minority businesses on subcontracting
opportunities within the contract scope of work. Consultant agrees to make such
efforts as a condition of this Agreement.
a. Outreach efforts may include the use of solicitation lists, advertisements in
publications directed to minority communities, breaking down total
requirements into smaller tasks or quantities where economically feasible,
making other useful schedule or requirements modifications that are likely to
assist small or WMBE businesses to compete, targeted recruitment efforts, and
using the services of available minority community and public organizations to
perform outreach.
b. Record-Keeping: The Consultant shall maintain, for at least 24 months after
the expiration or earlier termination of this Agreement, relevant records and
information necessary to document all Consultant solicitations to
subconsultants and suppliers, all subconsultant and supplier proposals
received, and all subconsultants and suppliers actually utilized under this
Agreement. The City shall have the right to inspect and copy such records.
(3) Licenses and Similar Authorizations: The Consultant, at no expense to the City, shall
secure and maintain in full force and effect during the term of this Agreement all
PY 14 JAG Interagency Agreement,Page 5 of 8
required licenses, permits, and similar legal authorizations, and comply with all
requirements thereof.
(4) Use of Recycled Content Paper: Whenever practicable, Consultant shall use reusable
products including recycled content paper on all documents submitted to the City.
Consultant is to duplex all documents that are prepared for the City under this
Contract, whether such materials are printed or copied, except when impracticable
to do so due to the nature of the product being produced. Consultants are to use
100% post-consumer recycled content, chlorine-free paper in any documents that
are produced for the City, whenever practicable, and to use other paper-saving and
recycling measures in performance of the contract with and for the City.
(5) Americans with Disabilities Act: The Consultant shall comply with all applicable
provisions of the Americans with Disabilities Act of 1990 as amended (ADA) in
performing its obligations under this Agreement. Failure to comply with the
provisions of the ADA shall be a material breach of, and grounds for the immediate
termination of, this Agreement.
(6) Fair Contracting Practices Ordinance: The Consultant shall comply with the Fair
Contracting Practices Ordinance of The City of Seattle (Chapter 14.10 SMC), as
amended.
(7) Suspension and Debarment: The Recipient certifies that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in transactions by any Federal department or
agency. By signing and submitting this Agreement, the Recipient is providing the
signed certification set out below. The certification this clause is a material
representation of fact upon which reliance was placed when this transaction was
entered into.
If it is later determined that the Recipient rendered an erroneous certification, the
Federal Government and City may pursue available remedies, including termination
and/or debarment. The Recipient shall provide immediate written notice to the City
if at any time the Recipient learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
The Recipient agrees by signing this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing by the City.
The Recipient shall include the requirement in this section in any subcontracts.
(8) In the event of the Recipient's or subcontractor's noncompliance or refusal to comply
with any applicable law, regulation or policy, the City may rescind, cancel, or
terminate the Agreement in whole or in part. The Recipient is responsible for any
FY 14 IAG Interagency Agreement Page 6 of 8
and all costs or liability arising from the Recipient's failure to comply with applicable
law, regulation, or policy.
ARTICLE IV: SCOPE OF WORK
The Scope of Work of this Agreement and the time schedule for completion of such work is as
described in Attachment B: Edward Byrne Memorial Justice Assistance (JAG) Grant Formula
Program King County Joint Application, Project Narrative and Attachment C: JAG Budget
Worksheet, as approved by BJA. Attachment B and Attachment C are attached to and made part of
this agreement.
The work shall, at all times, be subject to the City's general review and approval. The Recipient
shall confer with the City periodically during the progress of the Work, and shall prepare and
present such information and materials (e.g. a detailed outline of completed work) as may be
pertinent, necessary, or requested by the City or BJA to determine the adequacy of the Work or
Recipient's progress.
ARTICLE V: PAYMENT
(A) Compensation
The Recipient shall be reimbursed on an actual cost basis. Total compensation under this
Agreement is $57,455.
The Recipient shall incur authorized allowable expenses in accordance with the Program
Narrative and Project Budget, as detailed in Attachments B and C.
The Recipient may request additional reimbursement up to the amount of interest accrued on
their portion of the grant award. The City will provide quarterly statements to the Recipient,
once the interest balance accrued equals at least$1,000. Reimbursements will not be made for
interest accrued that is less than $1,000, Reimbursements can be requested, up to the total
amount of interest accrued, after the initial quarterly statement has been sent, to perform
tasks in accordance with the Program Narrative and Project Budget, as detailed in Exhibits B
and C.
The Recipient shall submit invoices not more than monthly, and at least quarterly.After the
first quarter, monthly submission is preferred. Invoices are due no later than 30 days after the
end of the period in which the work was performed.
No travel or subsistence costs, including lodging and meals, reimbursed with federal funds
may exceed federal maximum rates, which can be found at: http://www.gsa.gov.
(B) Manner of Payment
The Recipient shall submit reimbursement requests not more than monthly, and at least
quarterly. After the first quarter, monthly submission is preferred.
Requests are due no later than 30 days after the end of the period in which the work was
performed. Reimbursement request forms are provided. Substitute forms are acceptable.
FY 14 JAG Interagency Agreement,Page 7 of 8
With each reimbursement request, the Recipient shall submit:
• Detailed spreadsheet of expenditures by task and related financial documents (timesheets,
invoices)
• Project status report
• These documents and invoices must be kept on file by the Recipient and be made available
upon request by the City or to state or federal auditors
Reimbursement will not be processed without accompanying documentation for the
corresponding time period.
Once the above conditions are met, payment shall be made by the City to the Recipient.
Submit invoicing and documentation to:
Diane Pilon, JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle,WA 98124-4986
206-386-9885
ARTICLE VI: 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.
FY 14 JAG Inlerageney Agreement,Page 8 of 8
Attachment A
Department of Justice
Office of Justice Programs
PACE 1 OF 7
Bureau of Justice Assistance Grant
....._ ... .................
.r. ,,,.. „ ...w........_...._.........w..._�__. . .w ....._ _.�... ._...._.,..
I RECIPIENT NAME AND ADDRESS(IncludinyZO CWc) 4.AWARD NUMBER. 2014D1➢41034
City ofsmulc
P.O.Box 9474960041h A,rar,Nor,7 S.PROIEC'TPERIOD:FROM IOID12013 TO OWEY'lUII
Sna111e,WA 9E 124 iN49
BUDGET PERIOD.FROM IO101QO13 TO 09/30/2017
AWARD OAT IT OR/O6OO 14 NACTION
IA,GRANIEEIRS/VENDORNO. H SUPPLEMENTNUMBER Initial
9160111303 00
9.PRFNIOUSAWARDAMOUN'T so
3.PROJECT TITLE kl0AlO'UNT OF THIS AWARDFY 2014 King Cnunty loir0 JAO Program ,,....._....._�.............TAL AWARD 9 695,32H
12.S PECIAL CON DI F IONS
T'HE ABOVE GRANT PROTECT N APPROV ED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FDRTHON THE
ATTACHED PACE(S).
13,STATUTORY AUTHORITY FOR GRANT
This Projcet Is s,jor dunderFY14(BJ.A-JAG)42 USC 3750,c1 say,
15.ME'roOD OF PAYMENT' _
GPRs
......AGENCY APPROVAL..._ XIJIA :._ .Cfl ANTfFA((II .... f._.. �llARA���I
I6.'r'YPED NAME ANT)TITLE OF APPROVING OFFICIAL IH_TYPED NAME AND NTLE OF AUTHORIZED GRANTEE OFFICIAL
Denise O'Dommll Ed Maor,
Direumr Mayor
17 .SIGNATURE OF APPROVING OFFICIAL 19.SICNATURE OF AUTHORIZED RECIPIENT OFFICIAL. 19A,DATE
AGENCY USE ONLY
20.ACCOUNTING CLASSIF[CATCON CODES � 2L NDIDG'r0465
FISCALYFUNDC BUDA DEC. DIVIU SUB. POMS AMOLNf
EAR ODE CT, D_
._ X B DJ 80 00 OU 6g08 tl
CJP FORM 4000)2(REVS-IC)PREVIOUS EDITIONS ARE OBSOLME 1
DIP FORM 400012(REV.4-H8)
Attachment A
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PAca 2 or J
Grant f A,
� .
PROJECT NUMBER 2014-DI B% 1e34 �� AWARD UAiH 0BI0612014 �
SPECIAL CONDITIONS
I, The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs(OJP)Financial Guide.
2, The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is
required to submit one pursuant to 28 QF.R.Section 42,302),that is approved by the Office for Civil Rights,is a
violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the
recipient is in compliance.
3, The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States,
Local Governments,and Non-Protit Organizations,and further understands and agrees that funds may be withheld,or
other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and
any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current
edition ofthe OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds,either directly of indirectly,in support of the
enactment,repeal,modification or adoption of any law,regulation or policy, at any level ofgovemmenl,without the
express prior written approval of 011'.
5. The recipient most promptly refer to the DOJ DIG any credible evidence that a principal,employee,agent,contractor,
subgraince,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims
Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or
similar misconduct involving grant funds, This condition also applies to any subrecipients Potential fraud,waste,
abuse,or misconduct should be reported to the OIG by-
mail:
Office of the Inspector General
U.S.Deportment of Justice
Investigations Division
950 Pennsylvania Avenue,N.W.
Room 4705
Washington,DC 20530
e-mail:oig.holline@usdoj.gov
hotline:(contact information in English and Spanish):(800)869-4499
or hotline fax:(2D2)616-9881
Additional information is available from the DO)OIG website at www,usdoj.govloig.
6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any
contract or subaward to either the Association ofComnnmity Organizations for Reform Now(ACORN)or its
suhsidiaries,without the express prior written approval of OJP.
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F,R.parts 66,70.
OIP FORM 40002(REV,4 88)
Attachment A
Department of Justice
Office of Justice Programs AWARD
b Bureau of.lusfiee Assistance CONTINUATIONSHEET PAGE 3 OF f
Grant 40
_...._ ........_..,_,_ -- .. _. _......,
PROIECTNtlMBER 2014-DU-BX-1034 AWARD DATE 0a106/201a
SPECIAL CONDITIONS
8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award
Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The
recipient also agrees to comply with applicable restrictions on subawards to first-tier subreeipients that do not acquire
and provide a Datd Universal Numbering System(DUNS)number.The details of recipient obligations are posted on
the Off.of Reance Programs web site at httpa/www.ojp.gov/fcnding/sani him(Award cunditlom Registration with the
System for Award Management and Universe[Identifier Requirements),and are incorporated by reference here.This
special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated
to any business or non-pmfil organization that he or she may own or operate in his or her name).
9, Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant,and to establish workplace safety politics and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
.10. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost
limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses
related to conferences,meetings,irainings,and other events,including the provision of food and/or beverages at such
events,and costs of attendance at such events, Information on pertinent laws,regulations,policies,and guidance is
available in the UP Financial Guide Conference Cost Chapter.
11. The recipient understands and agrees that any training or training materials developed or delivered with funding
provided under this award must adhere to the OR Training Guiding Principles for Grantees and Sublirantees,available
at htip;!lwww.ojp.usdoj,gt)v/funding/ojptrainingguidingprinciples.htm. -
12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds
other than this OJP award,and those award funds have been,are being,or are to be used,in whole or in part,for one or
more of the identical cost items for which fonds are being provided under this CUP award,the recipient will promptly
notify,in writing,the grant manager far this OR award,and,if so requested by OJP,seek a budget-modification or
change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication offending.
I I The recipient understands and agrees that award funds may not he used to discriminate against or denigrate the
religious ar moral beliefs ofsmdenls who participate in programs for which financial assistance is provided from those
funds,or of the parents or legal guardians of such students.
14. The recipient understands and agrees that-(a)No award fiords may be used to maintain or establish a computer
network unless such network blocks the viewing,downloading,and exchanging of pomography,and(b)Nothing in
subsection(a)limits the use of funds necessary for any Federal,Sloe,tribal,or local law enforcement agency or any
other entity carrying out criminal investigations,prosecution,or adjudication activities.
15. 'fhe recipient agrees to comply with OJT grant monitoring guidelines,protocols,and procedures,and to cooperate with
BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic
desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to
complete monitoring tasks,including documentation related to any subawards made under this award. Further,the
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's10CFO's grant mondonng activities may result in sanctions affecting the recipient's
DOJ awards,including,but not limited to�withholdings anchor other restrictions on the recipient's access to grant
Funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk
grantee;or termination of an award(s).
OUP FORM 400V2(REV,458)
Attachment A
Department of Justice
Office of Justice Programs AWARD
M Bureau of Justice Assistance CONTINUATIONSHEET PAce 4 OF J
Grant 0/4
PROJhCTNUMBSR 2014-OJ BX IU4 AWARD DATE 08MOZ014
SPEC/AL CCNDMONS
15, The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in
certain circumstances,to report the names and total compensation of the five most highly compensated executives of
the recipient and first-tier subrocipiems of award funds. Such data will be submitted to the FFATA Subaward
Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability
and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at
http:/Iw .ojp.gov/fundingJffati.him(Award condition:Reporting Subawards and Executive Compensation),and are
incorporated by reference here_ This condition,and its reporting requirement,dues rot apply to grain awards made to
an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
17, The recipient agrees that all income generated as a direct result or this award.shall be deemed program income. All
program income named must be accounted rot and used for the purposes of hands provided under this award,including
such use being consistent with the conditions ofthe award,the effective edition of the ON Financial Guide and,as
applicable,either(1)28 C.F.A.Part 66 or(2)28 CE A Part 70 and 2 C.ER,Part 215(OMB Circular Ad 10). Further,
the use of program income must be reported on the quarterly Federal Financial Report,SF 425.
18. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
19, In order to promote information sharing and enable imeroperabil4y among disparate systems across thejustice and
public safety community,Ol?requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative
(DOTS Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global
Standards Package(GSP)and all constituent elements,where applicable,as described at
hop://www.ifojp.gov/gsp_gramcondition.Grantee shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an altemati ve approach is recommended,
20, The recipient is required to establish a trust fund account,(The post land may or may not be an interest-bearing
account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG),The recipient also agrees to obligate
the grant funds in the trust fund(including any interest earned)during the period of the grant and expend within 90
days thereafter.Any unobligaled or unexpended funds,including interest earned,must be returned to the Office of
Justice Programs at the time of closeout
21. JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the
Bulletproof'Vest Partnership(B V P)program,
22. The recipient agrees to submit it signed certification that that all law enforcement agencies receiving vests purchased
with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed
certifications on file for any subrecipicnts planning to utilize JAG funds for ballistic-resistant and stab-resistant body
armor purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by
the agency for body amtor,There are no requirements regarding the nature of the policy other than It being a mandatory
wear policy for all unifomred officers while on duty.
OJP FORM4000/2(RF.V.4-88)
Attachment A
Department of Justice
Office of lustice Programs AWARD
to Bureau of Justice Assistance CON'rINUATIONSHEET PA9E s OF 7
Grant
PRU11,Ct NUMBER 2014-0r-BX-1034 AWARD DATE 09/06/2014
SPECIAL CONDITIONS
23, Rallistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level,make
or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with
applicable National Institute of Justice ballistic or slab standards and arc listed on the NII Compliant Body Armor
Model List f ug://nij,gov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American-
made.The latest NU standard information can be found here:htrp./Iwww,bill,gov/topics/technulogy/body-a mor/safely-
initiztive.hlm.
24, The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National
Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these
grant funds,either directly by the grantee or by a subgrantee. Accordingly,the grantee agrees to first determine if any
of the fallowing activities will be Handed by the grunt,prior to obligating funds For any of these purposes. If it Is
determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA.
The grantee understands chat this special condition applies to its following new activities whether or not they are being
specifically funded with these grant fads. That is,as long as the activity is being conducted by the grantee,a
sublimates,or any third parry and the activity needs to be undertaken in order to use these grant hods,this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor reuovation or remodeling of a property located in an environmentally or historically sonsitivc arms,including
properties located within a 100-year flood plain,a Weiland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d, Implementation of new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,For example,in office,household,recreational,or
education environments;and
e. Implementation of a program relating to clandestine methamphctamine laboratory operations,including the
Identification,seizure,or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mi ligation Plan,as detailed at
htlp://www.gip.usdDj.govBJA/resource/nepa.hunl,for programs relating to methamphetamine laboratory operations.
Application ofI'his Special Condition to Grantee's Existing Programs or Activities'.For arty of the grantee's or its
subgrnntees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request
from BJA,agrees to cooperate with B1A in any preparation by BJA of a notional or program environmental assessment
of that funded program or activity.
25. The recipient agrees that any information technology systern funded or supported by DJP funds will comply with 28
GER.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable.
Should OJP determine 28 C.Y.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as
per the regulation. Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 USC.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
26. The recipient agrees to ensure that the Spite Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology
proiects being conducted with these grant funds,In addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to
http'./!www,it.ofp.gov/defat,it.aspx?area policyAnJilractice&page-I046,
OJP FORM 4000/2(REV,4-ss)
Attachment A
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PACE e of 4
C]rnnY
L
PROIRCTMIMBER 2014-DJ BX 1034 AWARD DATE 08/11
SPECIAL CONDITIONS
27, The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department o(lustiee
regulation governing"Equal Tmarment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal
Treatment Regulation provides in part that Department of Justice grant awards ofdirect Funding may not he used to
fund any inherently religious activities,such as worship,religious instruction,or proselytizalion.Recipients of direct
grants may still engage in inherently religious activities,but such activities must be separate in time or place from the
Department of Justice funded program,and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations
participating in programs directly Funded by the Department efficacies are not permitted to discriminate in the provision
ofservicos on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,faith-
based organizations may,in some circumstances,consider religion as a basis for employment. See
lutp:,'/www.ojp.gev/abouGocr/equal_fbo him.
28. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must
conform to the grant program requirements as stated in EJA program guidance.
29- Grantee agrees to comply with the requirements of 28 CY R,Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent.
30. Grantee agrees m comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that
are applicable to collection,use,and revelation of data or information.Grantee butter agrees,as a condition of grant
approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular,
section 22.21
31. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations,
OMB circulars,and guidelines,including the OJT Financial Guide,and to include the applicable conditions of this
award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use ofJAG funds by subreclpienls.The recipient agrees to submit,upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
32. The recipient agrees that funds received under this award will not be used to supplant State or local Funds,but will be
used to increase the amounts o£such finds that would,in the absence of Federal funds,be made available for law
enforcement activities.
33. Award recipients must submit quarterly a Federal Financial Report(SF425)and annual performance reports through
GMS(hops://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Goverment
Performance and Results Act(GPRA),P.L.103-62,applicants who receive funding under this solicitation roust
provide data that measure the results ofthcif work. Therefore,quarterly performance metrics reports most be submitted
through BJA's Performance Measurement Tool(PMT)website(www.bjaperformnncet ichnorg). For more detailed
information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage, Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and fume High Risk
designation.
34. Award recipients must verify Point of Contact(POC),Financial Point of Contaut(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address- If any information is
incorrect or has changed,a Greet Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
OJP FORM 4000Q(REV.4So;
Attachment A
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PAGE v OF 7
Grant
PROJECTNUMEER 2Or4-DI-aX-1034 AWAROUArE 0&0612014
SPECIAL CONDITIONS
35. The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force
funded with these funds who is a task force commander,agency executive,task force officer,or other task force
member of equivalent rank,wih complete required online(intemel-based)tusk force tmin'mg.Additionally,all future
Risk force members are required to complete this training once during the life of this award,or once every four years if
multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task
Force Integrity and Leadership(www.cttli.org).This training addresses task force effective r,av as well as other key
issues including privacy and civil libernesMghts,risk force performance measurement,personnel selection,and task
force oversight and accountability.Wien BJA funding supports a task force,a task force personnel roster should be
compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is
available regarding this required training and access methods via BJA's web site and the Center for Task Force
Integrity and Leadership(www.cfl`h org).
36. No JAG funds may be expended on the purchase ofunmanned aircraft,unmanned aircraft systems or unmanned aerial
vehicles(UAIUASMA V),unless the BJA Director certifies that extraordinary and exigent circumstances exist,making
them essential to the maintenance of public safety and good order.Any state or local jurisdiction receiving BJA
approval to utilize JAG funds for this type of purchase most certify to DOJ that it received Federal Aviation
Administration(FAA)approval to operate a UA/UAS/UAV and that it is legal to operate o UA/UAS/UAV in the
proposedjurisdietion or geographic area. The recipient must submit a statement on the goals and objectives for the use
of a UA/UASrUAV,the anticipated specific uses,and policy regarding privacy considerations.BJA may require
additional reporting requirements that will be stipulated post award.
37 BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to your My BJA account at https:/'www bja.gov/Lugin.aspx to occurs the Success Story Submission form.
Ifyou do not yet have a My BJA account,please register at leaps.//www.bin.gov/profile.aspx.Once you register,one of
the available areas on your My BJA page will be"My Success Stories".Within this box,you will see an option to add a
Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web
Page at https://www.bja.gov/SuccessStoryList.aspx.
38, Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has
received and approved the signed Memorandum of Understanding(MOU)between the disparate jurisdictions and has
issued a Grant Adjustment Notice(GAN)releasing this special condition.
39, Recipient may not expend or drawdown hands until the Bureau❑f thrower Assistance(BJA)has received documentation
demonstrating that the state or local governing body review and public comment requirements have been met and a
Grant Adjustment Notice(GAN)has been approved releasing this special condition.
40, Recipient may not expend,or drawdown finds until the Bureau of Justice Assistance,Office of Justice Programs has
reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice
(GAN)informing the recipient of the approval.
41. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any
employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the
federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System
for that year. (An award reuipiennt may compensate an employee at a higher rate,provided the amount in excess oftlis
oompeusation limitaticn is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
OJe FORM 4001112(REV.4-as)
Attachment B
City of Kent
Project Name: Kent Community Based Strategies
Project Cost: $57,455
Project Description:
The Kent Police Department will increase effectiveness of the Kent Police
Department's Intelligence Led Policing (ILP) by implementing several community
based strategies to help with aggressive crime fighting and prevention. This
proposal includes overtime shifts for "hot spot" areas as identified by crime
statistics and by officers at weekly problem-solving meetings. This overtime will
also allow for increased enforcement during warmer spring and summer months to
enforce illegal street racing which occurs throughout the Kent valley industrial area.
In addition to the "hot spot" policing, Kent Police will purchase equipment and
supplies for the City of Kent Correctional Programs Work Crew who are
instrumental in community cleanup and graffiti removal. Kent Police Community
Education Coordinators manage a citywide graffiti removal program with assistance
from the Corrections Work Crew and community volunteers.
Kent Police will enhance technology by purchasing the Facial Recognition
Workbench and five Spy Alarms for improved criminal investigations and quicker
response times. Finally, Kent Police will purchase up to 16 GPS units for use by
families of vulnerable individuals. Similar to "project lifesaver", Kent will create its
own version of the program to get GPS units and monitoring to Kent families in need
of the service.
These identified strategies cover several Justice Assistance Grant (JAG) purpose
areas.
Program Need
Law Enforcement Programs:
Previous JAG funding opportunities have enabled Kent Police to expand its
Intelligence Led Policing program. As a result, additional "hot spots" have been
identified through analysis of crime statistics. These "hot spots" require additional
patrol enforcement to ensure crime statistics and trend decrease once the "hot
spots" are identified.
In addition to the "hot spot" enforcement, Kent is well known across the region as
the place to illegally street race. Hundreds of racers convene on the streets of Kent's
industrial north end during the warmer spring and summer weekend evenings. The
illegal street racing epidemic brings with it other crime, traffic crimes, and
hazardous driving conditions for the public. Overtime will be utilized to deploy
officers in the areas known for racing based upon intelligence gathered.
Attachment B
Kent Police will purchase five spy alarms to supplement our Intelligence Led
Policing program. The alarms will be deployed in high crime areas by Neighborhood
Response Team officers. These alarms will assist officers in quicker response times
with the goal of apprehension of suspects. Kent Police currently operates three spy
alarms and these are often all deployed at the same time. There is a need for
additional alarms to enhance enforcement efforts.
Kent Police will purchase the Facial Recognition Workbench; a computer software
to enables the ability to turn a still picture to map the faces of individuals. Once the
face is mapped, it can be compared with all of the jail interfaces. By taking a still
photo from video surveillance, the software can move the photo to get all facial
points needed to actually identify individuals. Currently, Kent Police has hours of
footage from video surveillance which still photos can be retrieved, however,
without knowledge of the individuals in the photos, officers are unable to make
arrests. This software will increase arrests and improve clearance rates. This
software is what was used by law enforcement officials in Boston, MA to identify the
"Boston Marathon Bombers".
Prevention and Education Programs
Kent Police Community Education Unit staff coordinate the citywide graffiti removal
program. Part of the program is coordinating volunteer cleanup events. The graffiti
paint and supplies proposed in this application will be used during these volunteer
cleanup events to eradicate graffiti across the City of Kent.
A local resident who is the mother of autistic seven year old twin boys contacted the
Kent Police Department to find out whether programs are in place to support GPS
trackers for special needs children and adults. She has been working with the Kent
School District and King County Sheriffs Office to implement a local program for the
number of children and families who could benefit from GPS trackers to ensure
safety. In Kent, in May 2014, an elderly man, with onset dementia, had wandered
from his home and was hit and killed by a train. He was a well-known contributor to
the Kent community and his death is a deafening loss to Kent. A GPS tracker would
have assisted his caretaker to know his whereabouts and this incident may not have
occurred. Funding from this proposal would allow Kent to create a locally based
program which will provide GPS trackers to families in need and prevent
catastrophic events, similar to the one just experienced, from occurring in the
future.
Corrections and community corrections programs:
The Kent Police Department began operating a supervised work crew program in
2009. This program expands the areas that the work crew can work within the City
of Kent and prepares qualified offenders for employment. The work crew program
instills the discipline necessary to increase offenders' work ethic that will help them
find and retain future employment upon their release from correctional supervision,.
Attachment B
These offenders earn good time that decreases their time in jail and helps the city
maintain a manageable and safe jail population. Graffiti removal is one of the
frequent projects performed by the work crew.Work crew members also improve
appearance roadways, sidewalks, and parks by cutting down brush, weeding,
removing invasive plants, and park cleanups. Kent Police will purchase graffiti
supplies and equipment for use by the work crews to support their community
program initiatives.
Program Activities for 4-Year Grant Period:
Kent Police Department's proposed activities are:
• Police officer overtime to patrol identified"hot spots" of crime across the City
of Kent. "Hot spots" also include illegal street racing enforcement which often
occurs during the warmer Spring and Summer months (Law Enforcement
Programs)
• Purchase and deploy Corrections Programs/work crew equipment
(Corrections and Community Corrections Programs)
• Purchase and deploy graffiti program supplies and paint (Corrections and
Community Corrections and Prevention and Education Programs).
• Facial Recognition Workbench (Law Enforcement Programs)
• Spy Alarms (Law Enforcement Programs)
• GPS units for vulnerable populations which include children, elderly, and
those with mental health issues (Prevention and Education Programs)
Anticipated Coordination Efforts Involving JAG and Related Justice Funds:
The funding from this grant will be supplemented with city funding for the police
officers, detectives, corrections officers, command staff and community education
unit employees to deploy the strategies identified in this proposal. Kent Police will
build upon previous JAG funding to expand and continuously improve community
policing outreach and efforts.
Project Objectives:
Objective 1: The Kent Police Department will ensure areas identified as "hot spot"
areas based upon crime statistics will have increased enforcement to reduce
criminal activity in that area.
1. Officers working overtime in "hot spot" areas will complete an activity log
showing enforcement activity conducted.
2. Officer overtime hours will be tracked monthly.
3. Spy alarms will be deployed within "hot spot" areas to ensure quick response
time.
4. Facial Recognition Workbench will be utilized to identify high impact
offenders. This information will be shared with officers working overtime in
the "hot spots".
Attachment B
Objective 2: Ensure City of Kent Corrections Program Work Crew have adequate
equipment and supplies to improve community appearance, livability and provide
Work Crew inmates with opportunities to develop skills.
1. Number of Programs Work Crew slots added through initiatives.We already
track current numbers so we will easily be able to track increases.
2. Number of hours of programming provided. We also report work time credit
hours completed by offenders quarterly. We will report the percentage
increase in community service hours as a result of this project.
3. Qualitative feedback from community members.
Objective 3: Create a comprehensive support program for families who need
resources to better track children, elderly or family members with mental health
issues.
1. Informational Brochure created by City of Kent Multimedia.
2. Application for families to complete who wish to participate in the program.
3. Number of GPS units distributed to families.
4. Qualitative feedback from families benefiting from program.
Project Identifiers
Community Based Programs, Graffiti - removal and monitoring, Correctional
Alternatives, Community Policing
ATTACHMENT C
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet & Narrative
A. Personnel
CITY OF SEATTLE
Name/Position Computation Cost
#of
Crime Prevention Coordinator Salary monthly salary months #of positions
(3 positions) $6,291 10.5 3 $198,167
TOTAL: $198.167
B. Fringe Benefits
CITY OF SEATTLE
Name/Position Computation Cost
monthly # of
Crime Prevention Coordinator Salary benefits months # of positions
(3 positions) $1,762 10.5 3 $55,493
TOTAL: $55,493
Seattle Sub12tal: $253,660
G. Consultants/Contracts
CITY OF AUBURN:
OT Rate #of His
Teen Late Night Program Officer OT $87.00 40.33 $3,509
Citizen's Police Academy Program Officer OT $87.00 35.63 $3,100
Fireworks Emphasis Program Officer OT $87.00 234.48 _ $20„400
Auburn SubTotal: $?.7,009
CITY OF BELLEVUE:
Item Computation Cost
IP Server and Hard Drive Storage for Covert Camera System $12,000
Camcorder for live streaming videos over a static IP address _ $3,560
Bellevue SubTotal: $152560
CITY OF BURIEN:
Purpose Location Computation Cost
Overtime for Foot/Bicycle Patrol
Program 160 hours x$75/hour $12,000
3 officers x
Defense Tactical Training Registration Seattle area $300/each $900
3 officers x
Gang Training Registration Seattle area $250/each $750
1 officer x
Forensic Computer Training Registration TBD $1,000/each $1,000
Forensic Computer Training Airfare TBD 1 Roundtrip Airfare $500
Page 1
ATTACHMENT C
FY 2014 .TAG City of Seattle Joint Application—Budget Worksheet&Narrative
Forensic Computer Hotel/Per Diem TBD 5 days x $200/day $1,000
IACP Conference Registration TBD 1 Chief x$350/each $350
IACP Conference Travel TBD I Roundtrip Airfare $500
IACP Conference Hotel/Per Diem TBD 5 days x$200/day $1,000
Overtime for Trainings 20 hours x$75 $1,500
Automated External Defibrillators(AED)for police cars 2 units x$1,000 each $2,000
Forensic Computer Workstation Various components $2,110
Misc. Police Equipment $1f875
Burien SubTotal S2S,4FTS
CITY OF FEDERAL
WAY:
Item Computation Cost
OCULUS recorder 16G body wire&related equipment 1 $16,185
Adobe Pro Software 8 277.34 $2,219
Taser 7 1,000 $7,000
Evidence Bar-coding, scanning,related equipment $5,291
Federal Way
SubTotal: $34,695
CITY OF KENT:
Item Computation Cost
_._................_.... _.................__ __..................
Patrol Officer OT- Hot Spot Emphasis $69.27/hour x 107
(2014-2015) hours $7,412.00
$71.35/hour x 105
Patrol Officer Of (Hot Spot Emphasis -2016) hours $7,492.00
Social Security $14,903,64 x .0765 $1,140.00
Retirement $14,903.64 x .06 $894.00
GPS units for vulnerable populations $200/unit x 16 unfits $3,200
Spy Alarms $3000/unit x 5 units $15,000
Facial Recognition Workbench 1 software x$13,000 each $13,000
Graffiti Removal Kits $100 x 50 kits $5,000
Corrections Programs Work Crew Equipment 2 weed eaters x$553.50 each $1,107
3 blowers x$1,070
cacti $3,210
Kent SubTotal: $57,4SS
KING COUNTY
Item Computation Cost
Warrant Prevention Program:
MetroCenter YMCA Alive&Free Program-WPP services Apr-Dec 2015 $106,000
University of Washington, Public Behavioral Health&Justice Policy Division -Evaluation $10,000
District Court Data Clean-Up
Program:
TLT-TBD(Salary) Range 55 Step I estimate 1,940.25 his $59,378
$30.6033 hour
TLT-TBD(Fringe Benefits) est FCA,FHI, Flex Benefits, retirement and Ind Ins $26,331
$13,57 hour
est hours 1940.25
Page 2
ATTACHMENT C
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet& Narrative
King County
SubTotal: $201,,7V)9
CITY OF RENTON:
Pumose Computation Cost
Direct Victim Services Assistance for victims protection/relocation $10,000
(Items purchased vary depending on needs of the
DV Program victim/investigation) $7,482
Domestic Violence Training Conference Location and# of employees TBD $3,000
(Price will vary depending on location)
Additional Domestic Violence Training Location and#of employees TBD $3,000
Direct Victim Services varied,depending on victim needs $5,000
Office supply's for Domestic Violence program(pamphlets, brochures, educational materials, other items needed)
(Items and price will vary depending on the needs of the program)
$100 per month x 20 months $2„000
Renton SubTotal: _S3t),482
CITY OF SEATAC:
Item Computation Cost
Overtime(Active Shooter Training) $100 X 141 hours $14,100.00
Miscellaneous Training Supplies $7
..........
SeaTac So Total: $14.107
CITY OF SHORELINE:
Item Computation Cost
_..._.........._..... —_...._..-- _... .
12x
Window Tint Meters $84.26 $1,011
4x
SECTOR Printer $354.78 $1,419
4x
SECTOR Scanner $250.76 $1,003
8x
Digital Cameras $208.04 $1,664
9x
Lockout Kits $54.70 $492
60 x
Rescue first aid kits $78.73 $4,725
Shoreline SubTotal: $10,314
CITY OF TUKWILA:
Items Computation Cost
PA System 1 system @$1,364 each $1,364
Generator 1 generator @$2,566 each $2,556
Bike Gear 6 sets @$483 each $2,898
Go-Bags 28 bags @$233.37 each $6,534
Less Lethal System 2 units @ $1,500 each $3,000
Taser Training Cartridges 120 cartridges @ $25 each _ $3,000Tukwila SubTotal: $53521
Page 3
ATTACHMENT C
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet & Narrative
Budget Narrative
A. Personnel ($198,167)
A request of$198,167 is included for City of Seattle for salary costs associated with
preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department.
This amount will pay for 10.5 months in 2015.
B. Fringe Benefits ($55,493)
A request of$55,493 is included for City of Seattle for fringe benefit costs associated with
preservation of 3 Crime Prevention Coordinator Positions in the Seattle Police Department.
Fringe benefits are City of Seattle standard fringe benefits for civilian personnel, and include
FICA, Health Care Medicare, Life Insurance, Retirement, Workers Comp, EAP, Disability
Insurance, and Death Benefits, and are calculated at a rate of approximately 26% of base salary.
G. Consultants/Contracts ($432,168)
As the fiscal agent, City of Seattle will enter into Interagency Agreements with all of the sub-
agencies listed below. Sub-Agencies will be required to spend their funds, and then request
reimbursement from City of Seattle. Therefore, we are listing all of the costs associated with
their programs under Consultants/Contracts:
City of Auburn ($27,009)
A request of$27,009 will cover Auburn Police Officer overtime costs associated with three
programs requested by City of Auburn: Teen Late Night, Citizen's Police Academy, and
Fireworks Emphasis Patrols. At an average overtime rate of$87, approximately 310 hours of
overtime will be worked.
City of Bellevue($15,560)
A request of$15,560 will be used to purchase Video Surveillance Tools that will enhance the
Police Department's ability to record, store, and view evidentiary video in a manner that is not
available today. It will also allow multiple law enforcement personnel access to view video
streams via their own Smart devices.
City of Burien ($25,485)
A request of$12,000 will cover overtime costs related to a new Foot/Bicycle Patrol program in
the downtown Burien area(at an average overtime rate of$75 per hour, approximately 160 hours
of overtime will be worked; a request of$7,500 will used for police officer training and training
associated overtime; and $5,985 will be used to purchase 2 Automated External Defibrillators
(AED) for police cars, and equipment to improve police officer safety and increase public safety.
Page 4
ATTACHMENT
FY 2014 JAG City of Seattle Joint Application—Budget Worksheet & Narrative
City of Federal Way ($30,695)
A request of$30,695 is included to support 4 projects: $16,185 is included to purchase video and
audio recording for the Narcotics Unit; $2,219 is included to purchase Adobe Pro Software for
law enforcement personnel for public disclosure requests; $7,000 is included to purchase one
Taser; and $5,291 is included for the purchase of bar code scanning, document scanning, and
inventory for police evidence.
City of Kent ($57,455)
A request of$57,455 is included to support overtime and police programs for Kent Police
Department: $16,938 is included to pay Police Officer overtime for hotspot policing
(approximately 212 hours of overtime will be worked during 2014, 2015, and 2016); and
$40,517 is included to purchase GPS units for vulnerable populations, spy alarms, a facial
recognition workbench, graffiti removal kids, and work crew equipment.
King County ($201,709)
King County is requesting funding to support two King County Projects, including $116,000 to
support a Warrant Prevention Program, and $85,709 to support a District Court Data Clean-Up
Program.
City of Renton ($30,482)
City of Renton is requesting $30,482: $8,000 is included for Domestic Violence Training and
Conferences; $17,482 is included for protection, relocation, and emergency needs of domestic
violence victims; and $2,000 is included to purchase office items and supplies for the Domestic
Violence Program in the Renton Police Department.
City of SeaTac (S14,107)
A request of 14,100 is included for 141 hours of overtime for Active Shooter Training and $7 is
included for miscellaneous training supplies.
City of Shoreline ($10,314)
A request of$10,314 is included to purchase law enforcement equipment for Shoreline Police
Officers: 12 window tint meters, 4 complete SECTOR units, 8 digital cameras, 9 lockout kits,
and 60 rescue first aid kits.
City of Tukwila ($19,352)
A request of$19,352 is included to purchase law enforcement equipment for Tukwila Police
Officers: PA System, Firearms Trailer Generator, Community Policing Team Bike Gear, Go-
Bags, Less Lethal System, and Taser Training Cartridges.
Page 5
City of Seattle
Invoice Voucher JAG 2014
invoice #:
Agency Name: Sub Recipient Certification:
Seattle Police Department
610 5th Avenue I hereby certify under penalty of perjury that the items&totals
PO Box 34986 listed herein are proper charges for materials, merchandise,or
Seattle,WA 98124-4986 services furnished,and that all goods furnished and/or services
rendered have been provided in accordance with the approved
JAG Program Narrative and Project Budget,and comply with all
requirements set forth in the JAG Interagency Agreement.
Sub Recipient:
(Reimbursement is payable to)
City:
Address 1:
Address 2: Submitted by:
Sub Recipient Project Director
Attn: Date:
Approved by:
CFDA#16.738 Grant#2014 DJ BX 1034 Seattle JAG Program Manager
Project Title:
Date:
FY 2014 Justice Assistance Grant Program
Grant Term Dates:10/1/2013-9/30/2017
Submitted herewith for payment are expenditures made for services performed and/or supplies and materials received during
the above period. Duplicate copies of time sheet summary, invoices, proof of payment, proof of receipt,and signature are
attached. A Project Status Report,as outlined in the Interagency agreement, is also attached to this voucher.Original
documentation are maintained on file.
Current Past Cumulative
Project Budget Expenditures Expenditures Expenditures Balance
Personnel $ - $ - $ - $ - $ -
Fringe Benefits $ - $ - $ - $ - $ -
Travel/Training $ - $ - $ - $ - $ -
Equipment $ - $ - $ - $ -
Supplies $ - $ - $ - $ -
Consultants/Contracts $ - $ - $ - $ - $ -
Other $ - $ - $ - $ - $ -
TOTAL $ - $ - $ - $ - $ -
Revised 3/11/10
This page intentionally left blank.
r►+� KENT' i Agenda Item: Consent Calendar - 7I
a ��„,„,,
TO: City Council
DATE: June 16, 2015
SUBJECT: WTSC ILA - Target Zero Manager - Authorize
MOTION: Authorize the Mayor to accept a grant in the amount $124,000
from the Washington Traffic Safety Commission to fund 60% of the salary
and benefits for the City's Community Education Coordinator who serves as
the Target Zero Manager for South King County, amend the budget,
authorize expenditure of the funds in accordance with the grant's terms,
and authorize the Mayor to sign all documents with terms and conditions
acceptable to the City Attorney and Police Chief.
SUMMARY: The Community Education Coordinator within the Kent Police Department
currently serves as the Target Zero Manager for South King County. Among other
responsibilities, the Target Zero Manager facilitates task force meetings, leads
development and update of the traffic safety strategic plan, and coordinates high
visibility enforcement and media campaigns to generate awareness around Target
Zero's priorities.
Under a prior grant, the City is reimbursed through the Washington Traffic Safety
Commission for a portion of the Community Education Coordinator's salary and
benefits. This current grant would extend the City's commitment to provide the
Target Zero Manager through June 30, 2017, with the City receiving reimbursement
for 60% of the salary and benefits paid to the Community Education Coordinator for
the services that employee provides as the Target Zero Manager.
EXHIBITS: Interagency Agreement
RECOMMENDED BY: Public Safety Committee
YAY: Berrios, Thomas, Ralph NAY:
BUDGET IMPACT: Income to reimburse the City for 60% of the salary and benefits
of the Target Zero Manager position with the City.
This page intentionally left blank.
INTERAGENCY AGREEMENT
BETWEEN
Kent Police Department AND
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT is made and entered into by and between the Kent Police Department
hereinafter referred to as "CONTRACTOR," and the Washington Traffic Safety Commission,
hereinafter referred to as 'WTSC."
THE PURPOSE OF THIS AGREEMENT is to provide funding for CONTRACTOR to provide
services as described in the Statement of Work, incorportated as "Exhibit A."
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The CONTRACTOR shall furnish the necessary personnel to act as the Target Zero Manager
(hereinafter referred to as "TZM") for the performance of duties as described in the Statement of
Work attached as Exhibit A.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence on July 1, 2015 and remain in
effect until June 30, 2017 unless terminated sooner, as provided herein.
COMPENSATION
Compensation for the work provided in accordance with this Agreement has been established
under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement
of Work will not exceed $124,000.00 (One hundred twenty-four THOUSAND DOLLARS). If the
CONTRACTOR intends to charge indirect costs, submission of a cost allocation plan or a
Federal cognizant agency letter is required. Payment for satisfactory performance of the work
shall not exceed this amount unless the parties mutually agree to a higher amount. The
following summarizes total project costs under this Agreement.
Summary of costs Amount
Employee salaries and benefits $124,000.00
TOTAL $124,000.00
STATE AND FEDERAL TERMS AND CONDITIONS:
ACTIVITY REPORTS
The CONTRACTOR agrees to submit quarterly reports and a final report on the activity of this
project in the form provided by the WTSC entitled "Traffic Safety Project Report" and
incorporated by reference as Exhibit B. Final reports are to be detailed and must describe
whether the project objectives were accomplished, if technical and fiscal problems were
encountered, and what improvements in traffic safety have resulted or probably will result.
Included in the final report will be copies of publications, training reports and any statistical data
Page 1 of 23
Federal Project 16ST-17 CFDA#20.600
generated in project execution. The final report is to be submitted to WTSC within 30 days of
termination of this Interagency Agreement.
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this
Agreement shall be made by the WTSC.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of the
parties.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express prior written
consent of the party, which consent shall not be unreasonably withheld. The CONTRACTOR
shall provide the WTSC a copy of all third-party contracts and agreements entered into for
purposes of fulfilling the Statement of Work outlined in Exhibit A. All third-party awards must
allow for the greatest practical competition in accordance with applicable procurement rules and
procedures.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce Agreement terms, each party agrees
to bear its own attorney fees and costs.
BILLING PROCEDURE
The CONTRACTOR shall submit invoices for reimbursement with supporting documentation to
WTSC monthly. All invoices for reimbursement shall be submitted using the A-19 attached as
Exhibit C or its pre-approved equivalent. Payment to the CONTRACTOR for approved and
completed work will be made by warrant or account transfer by WTSC within 30 days of receipt
of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall
be submitted within 45 days after the expiration date of this Agreement. All invoices for goods
received or services performed on or prior to June 30, must be received by WTSC no later
than August 15. All invoices for goods or services performed on or prior to September 30,
must be received by WTSC no later than November 15.
BUY AMERICA ACT
The CONTRACTOR will comply with the provisions of the Buy America Act (49 U.S.C. 53230)),
which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased
with Federal funds unless the Secretary of Transportation determines that such domestic
purchases would be inconsistent with the public interest, that such materials are not reasonably
available and of a satisfactory quality, or that inclusion of domestic materials will increase the
cost of the overall project agreement by more than 25 percent. Clear justification for the
Page 2 of 23
purchase of non-domestic items must be in the form of a waiver request submitted to and
approved by the Secretary of Transportation.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The CONTRACTOR shall not use or disclose any information concerning the WTSC, or
information which may be classified as confidential, for any purpose not directly connected with
the administration of this agreement, except with prior written consent of the WTSC, or as may
be required by law.
COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49
CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational
institutions, and OMB Circular A-122 for nonprofit entities. The CONTRACTOR shall not utilize
Federal grant funds to replace routine and/or existing State or local expenditures; or utilize
Federal grant funds for costs of activities that constitute general expenses required to carry out
the overall responsibilities of State, local, or Federally-recognized Indian tribal governments.
COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that no person or selling agent has been employed or retained to
solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the CONTRACTOR for the purpose of securing business.
The WTSC shall have the right, in the event of breach of this clause by the CONTRACTOR, to
annul this agreement without liability or, in its discretion, to deduct from the agreement price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the CONTRACTOR (hereinafter in this section
referred to as "prospective lower tier participant') is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the Definition and Coverage
sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for
assistance in obtaining a copy of those regulations.
Page 3 of 23
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency with
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not proposed for debarment under
48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the List of Parties Excluded from Federal Procurement and
Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department or
agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute
Board in the following manner: Each party to this Agreement shall appoint one member to the
Dispute Board. The members so appointed shall jointly appoint an additional member to the
Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable
statutes and rules and make a determination of the dispute. The determination of the Dispute
Board shall be final and binding on the parties hereto. As an alternative to this process, either
Page 4 of 23
of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in
which event the Governor's process will control.
DRUG-FREE WORKPLACE
In accordance with the Drug-Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644),
the CONTRACTOR shall publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited
in the workplace and shall specify the actions that will be taken against employees for violation
of such provision. The CONTRACTOR shall establish a drug-free awareness program and
require that employees provide notification of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such incident. The CONTRACTOR shall
notify WTSC within ten days after such notification by an employee engaged in the performance
of the grant. Within 30 days, the CONTRACTOR will take appropriate personnel action against
such employee, up to and including termination, and require the employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes
by a Federal, state, or local health, law enforcement, or other appropriate agency.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
In accordance with FFATA, the CONTRACTOR shall, upon request, provide WTSC the names
and total compensation of the five most highly compensated officers of the entity if:
(i) the entity in the preceding fiscal year received—
(. 80 percent or more of its annual gross revenues in Federal awards;
II. $25,000,000 or more in annual gross revenues from Federal awards; and
(ii) the public does not have access to information about the compensation of the senior
executives of the entity through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986;
FEDERAL LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
Page 5 of 23
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the
state of Washington and any applicable federal laws. The provisions of this Agreement shall be
construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
a. Applicable state and federal statutes and rules;
b. Terms and Conditions of this agreement;
c. Any Amendment executed under this Agreement;
d. Any Statement of Work executed under this Agreement; and
e. Any other provisions of the agreement, including materials incorporated by reference.
INCOME
Income earned by the CONTRACTOR with respect to the conduct of the Statement of Work
(e.g. sale of publications, registration fees, service charges) must be accounted for and income
applied to project purposes or used to reduce project costs.
INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold
harmless state, agencies of state and all officials, agents and employees of state, from and
against all claims for injuries or death arising out of or resulting from the performance of the
Agreement. The CONTRACTOR's obligation to indemnify, defend, and hold harmless includes
any claim by the CONTRACTOR's agents, employees, representatives, or any subcontractor or
its employees. The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless
the state for any claim arising out of or incident to CONTRACTOR's or any subcontractor's
performance or failure to perform the Agreement.
The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend and hold harmless state and its agencies, officials, agents or employees.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement
shall continue to be employees or agents of that party and shall not be considered for any
purpose to be employees or agents of the other party.
INDUSTRIAL INSURANCE COVERAGE
The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If
the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or
penalties on behalf of its employees as may be required by law, the WTSC may collect from the
CONTRACTOR the full amount payable to the Industrial Insurance accident fund. The WTSC
may deduct the amount owed by the CONTRACTOR to the accident fund from the amount
payable to the CONTRACTOR by the WTSC under this Agreement, and transmit the deducted
Page 6 of 23
amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This
provision does not waive any of L&I's rights to collect from the CONTRACTOR.
LICENSING, ACCREDITATION AND REGISTRATION
The CONTRACTOR shall comply with all applicable local, state, and federal licensing,
accreditation and registration requirements/standards, necessary for the performance of this
Agreement.
NONDISCRIMINATION
The CONTRACTOR will comply with all Federal statutes and implementing regulations relating
to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the
basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and
1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the
Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et
seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27);
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits
discrimination on the basis of age;
(e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal-aid
recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of
their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C.
290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records;
(i) Title VII I of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to
nondiscrimination in the sale, rental or financing of housing;
Q) any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and
(k) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
In the event the CONTRACTOR is in non-compliance or refuses to comply with any
nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled or
terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further
contracts with the WTSC. The CONTRACTOR shall, however, be given a reasonable time in
which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
PERSONNEL
If CONTRACTOR personnel performing the required tasks and activities of this agreement
separate from service or otherwise terminate their employment with the CONTRACTOR,
whether voluntarily or involuntarily, the CONTRACTOR must receive prior written approval of
the WTSC in advance of recruitment and selection of substitute personnel. In circumstances
when performance of the provisions of this agreement constitutes more than fifty percent of the
Page 7 of 23
time of the CONTRACTOR's designated personnel, the CONTRACTOR will make available to
the WTSC the opportunity to actively participate in recruitment and selection.
POLITICAL ACTIVITY (HATCH ACT)
The CONTRACTOR will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which
limits the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs expended by either
party in the performance of the service(s) described herein. These records shall be subject to
inspection, review or audit by personnel of both parties, other personnel duly authorized by
either party, the Office of the State Auditor, and federal officials so authorized by law. All books,
records, documents, and other material relevant to this Agreement will be retained for six years
after expiration and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these materials
during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the
other party, will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose or make available this material to any third parties without first
giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each
party will utilize reasonable security procedures and protections to assure that records and
documents provided by the other party are not erroneously disclosed to third parties.
REGISTRATION WITH DEPARTMENT OF REVENUE
The CONTRACTOR shall complete registration with the Washington State Department of
Revenue and be responsible for payment of all taxes due on payments made under this
Agreement.
RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to the WTSC, or any of its
officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and/or quality assurance under this Agreement.
The CONTRACTOR shall make available information necessary for WTSC to comply with the
client's right to access, amend, and receive an accounting of disclosures of their Personal
Information according to the Health Insurance Portability and Accountability Act of 1996
(HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable
provisions of Washington State law. The CONTRACTOR shall upon request make available to
the WTS and the U.S. Secretary of the Department of Health & Human Services all internal
policies and procedures, books, and records relating to the safeguarding, use, and disclosure of
Personal Information obtained or used as a result of this Agreement.
RIGHTS IN DATA
Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as
defined by the U.S. Copyright Act and shall be owned by the WTSC and the State Of
Washington. In the event the Materials are not considered "works for hire" under the U.S.
Copyright laws, the CONTRACTOR hereby irrevocably assigns all right, title, and interest in
Page 8 of 23
data, including all intellectual property rights, to the WTSC effective from the moment of
creation. Data shall include, but not be limited to data, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Ownership includes the right to copyright, patent, register, and the ability
to transfer these rights.
The CONTRACTOR may publish, at its own expense, the results of project activities without
prior review by the WTSC, provided that any publications (written, visual, or sound) contain
acknowledgment of the support provided by the National Highway Traffic Safety Administration
(NHTSA) and the WTSC. Any discovery or invention derived from work performed under this
project shall be referred to the WTSC, who will determine through NHTSA whether patent
protections will be sought, how any rights will be administered, and other actions required to
protect the public interest.
SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
way after the effective date of this Agreement and prior to normal completion, the WTSC may
terminate the Agreement under the "Termination for Convenience" clause, without the ten day
notice requirement, subject to renegotiation at the WTSC's discretion under those new funding
limitations and conditions.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which
can be given effect without the invalid provision, if such remainder conforms to the requirements
of applicable law and the fundamental purpose of this agreement, and to this end the provisions
of this Agreement are declared to be severable.
SITE SECURITY
While on AGENCY premises, the CONTRACTOR, its agents, employees, or subcontractors
shall conform in all respects with physical, fire or other security policies or regulations.
STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge
or influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct
and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a
State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State
practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
TAXES
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of
the CONTRACTOR.
TERMINATION
Either party may terminate this Agreement upon thirty (30) days prior written notification to the
other party. If this Agreement is so terminated, the parties shall be liable only for performance
Page 9 of 23
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective
date of termination.
TERMINATION FOR CAUSE
If, for any cause, either party does not fulfill in a timely and proper manner its obligations under
this Agreement, or if either party violates any of these terms and conditions, the aggrieved party
will give the other party written notice of such failure or violation. The responsible party will be
given the opportunity to correct the violation or failure within fifteen (15) working days. If failure
of violation is not corrected, this Interagency Agreement may be terminated immediately by
written notice of the aggrieved party to the other.
TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, the WTSC may, by 10 days written notice,
beginning on the second day after the mailing, terminate this Agreement in whole or in part. If
this Agreement is so terminated, the WTSC shall be liable only for payment required under the
terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
TREATMENT OF ASSETS
1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all
property furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is
entitled to be reimbursed as a direct item of cost under this Agreement, shall pass to and
vest in the WTSC upon delivery of such property by the CONTRACTOR. Title to other
property, the cost of which is reimbursable to the CONTRACTOR under this Agreement,
shall pass to and vest in the WTSC upon (i) issuance for use of such property in the
performance of this Agreement, or (ii) commencement of use of such property in the
performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in
whole or in part, whichever first occurs.
2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise provided
herein or approved by the WTSC, be used only for the performance of this Agreement.
3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC
which results from the negligence of the CONTRACTOR or which results from the failure on
the part of the CONTRACTOR to maintain and administer that property in accordance with
sound management practices.
4. If any WTSC property is lost, destroyed or damaged, the CONTRACTOR shall immediately
notify the WTSC and shall take all reasonable steps to protect the property from further
damage.
5. The CONTRACTOR shall surrender to the WTSC all property of the CONTRACTOR prior to
settlement upon completion, termination or cancellation of this Agreement.
6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR 's
employees, agents or Subcontractors.
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original Agreement.
DESIGNATED CONTACT
The following named individuals will serve as designated contacts for each of the parties, for all
communications and billings regarding the performance of this Agreement:
Page 10 of 23
The Contact for the CONTRACTOR is: The Contact for WTSC is:
Sara Wood Edica Esqueda
Project Director— South King County Program Manager—WTSC
Target Zero Task Force P.O. Box 40944
220 4`h Avenue South Olympia, WA 98504-0944
Kent, WA 98032 (360) 725-9886 (office)
253-856-5856 (office) (360) 586-6489 (fax)
253-856-6800 fax
IN WITNESS WHEREOF, the parties have executed this Agreement.
AGENCY NAME
Signature
Suzette Cooke
Printed Name
Mayor
Title Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Chris Madill
Printed Name
Deputy Director
Title Date
Page 11 of 23
Exhibit A
STATEMENT OF WORK
• General. CONTRACTOR shall provide personnel to serve as the Target Zero
Manager (TZM) providing services consistently for the entire period of performance. The
TZM will perform TZM duties exclusively for the following county(s): King County.
Required Core Tasks
(Approximately 50%of coordinator time)
Task: Facilitating Task Force Meeting
Deliverables Reporting
• Conduct monthly or quarterly Task Force Taskforce meeting dates
meetings
• Expand task force membership through new
partnerships with local/regional/tribal
stakeholders
Task: Leading development and update of the CountylRegion Traffic Safety Strategic Plan
Deliverables Reporting
• Strategic plan that has been approved in Describe recent efforts in creating/updating
the past 12 months the strategic plan
• Diverse stakeholder involvement in
strategic plan development
Task: Coordinating High Visibility Enforcement and Media Campaigns
Deliverables—AllHigh Visibility Enforcement Reporting
and Media Campaigns (HVEM)
• Determine funding amounts for each Submit mobilization funding plan spreadsheet
participating law enforcement agency detailing amounts for each participating law
• Create and submit signed interagency enforcement agency and emphasis type
agreements for each participating law Submit County mobilizations funding plan status
enforcement agency report with quarterly report
• Monitor interagency agreements for budget
and performance
Deliverables—StatewideHVEM Reporting
• Provide input to localize WTSC news releases Submit HVE activity total log to WTSC within
• Conduct community outreach one week prior 72 hours end of the mobilization
and during the statewide mobilization Submit county/region law enforcement
• Forward news releases and detailed HVE participation summary within 72 hours
campaign information to LE agency media Submit community outreach report form with
contacts. quarterly report
Deliverables—Local Mobilizations(Flex, Target Reporting
Zero Teams, pilot, other HVEMprojects)
• Develop HVE enforcement plans quarterly Submit HVE enforcement plans quarterly(or
• Develop and distribute news releases to annually)
publicize HVE Flex patrols Submit HVE activity total log to WTSC within
Page 12 of 23
• Conduct community outreach to support HVE one week of patrols
Flex patrols Submit copies of news releases sent to local
• Develop localized media creative to support media with quarterly report
HVE Flex patrols (required for TZT, optional Submit media and community outreach report
otherwise.) form with quarterly report
• Submit county/region law enforcement
participation summary with quarterly report
Task: Complete required reports
Deliverables Reporting
• Complete quarterly reports and billable hour Submission of Quarterly Reports to WTSC
logs within 30 days of end of quarter
• Submission of Daily Billable Hours logs to
WTSC within 10 business days after the end
month
Task: Participating in WTSC-sponsored training and development events
Deliverables I Reporting
• Attend annual TZM meeting and other Provide summary on development events,upon
development events as assigned or upon request
approval
StrateLies related to the Target Zero Plan
(Approximately 30%of coordinator time)
Strategy: Generate awareness and news media around Target Zero Plan priorities
Deliverables I Reporting
Create unpaid media opportunities via social Describe recent results in generating news
media,web,print,radio,PSA's, and other media for local Target Zero Plan priorities
media formats Copies of news releases sent to media
Strategy: Publicizing data trends and Target Zero priorities based on fatality and serious
injury data
Deliverables Reporting
• Deliver traffic safety presentations to the local Number of presentations to local stakeholders
Task Force, affiliated agencies, councils,
commissions, employers, civic groups, and
other stakeholders highlighting local trends and
opportunities
Strategy: Coordinate enforcement, education, and engineering efforts for pedestrian safety
Deliverables I Reporting
• Coordinate efforts of law enforcement, Include project status reports within
engineering targeting pedestrian safety quarterly reports
• Conduct pedestrian education campaigns in
support of enforcement/engineering efforts
Page 13 of 23
Strategy: Encourage peer-delivered youth traffic safety awareness programs
Deliverables I Reporting
• Educate high school administrators and student Describe outreach efforts to
leaders on available programs and resources for administrators/student leaders and results
student led traffic safety programs
Strategy: Educate parents around young driver issues
Deliverables Reporting
Inform parents about young driver risk and Dates of presentations to parents on young
their roles in enforcing the elements of the driver issues
Intermediate Driver's License o Driver Training School Parent Nights
o Parent Teacher Organization meetings
(PTO/PTA)
Strategy: Encourage training opportunities for alcohol/drug detection and effective
prosecution
Deliverables Reporting
• Regularly communicate with local law Describe communication work within quarterly
enforcement and prosecuting agencies about reports
training opportunities such as:
o Blood Alcohol Content Training(BAC)
o Standard Field Sobriety Testing(SFST)
o Advanced Roadside Impaired Driving
Enforcement (ARIDE)
o Traffic Safety Resource Prosecutor(TSRP)
Strategy: Promote car seat technician training
Deliverables Reporting
• Recruit candidates for car seat technician training • Describe recruitment for car seat
• Promote local inspection stations and events technical training and promotion
efforts of inspection events
Strategy: Other Target Zero Plan Strategies
Deliverables Reporting
• Promote Data Driven Approaches to Crime and • Include DDACTS status reports within
Traffic Safety (DDACTS)DDACTS quarterly reports
• Assist in the implementation of targeted • Include results of DDACTS patrols within
enforcement patrols in support of the Kent quarterly reports.
Police Department's DDACTS grant.
Page 14 of 23
Other Duties
(Approximately 20%of coordinator time)
Other Duties:Support King County Distracted Driviu Grant
Deliverables Reporting
Work with North King County TZM to develop FIVE • Include Results within quarterly reports.
enforcement plans and local media in support of the
King County Distracted Driving Grant.
Other Duties:Anti-Street Racing Public Awareness
Deliverables Reporting
Assist in promotinge an anti- Street Racing message • Describe efforts within the quarterly reports.
through PSA's and literature in support of the State
Farm Grant.
Page 15 of 23
Exhibit B
WA 5 H I Traffic N G T O®®N
Safety
C O M M I s s 1 0 N
Traffic Safety Project Report
Agency: Date Submitted:
Project Title: JWTSC Contract Number:
Report Submitted By: IGrantee Contract Number (if applicable):
Quarterly Report Number:
❑1st Quarter Report Oct. 1 — Dec. 31 Due on Jan. 30
❑2" Quarter Report Jan. 1 — Mar. 31 Due on Apr. 30
❑31 Quarter Report Apr. 1 — Jun. 30 Due on Jul. 30
❑4 Quarter Report July 1 — Sept. 30 Due on Oct. 30
Other Report:
❑Final Report Due within 30 days of project close
Required Core Tasks
(Approximately 50%of coordinator time)
Task: Facilitating Task Force Meeting
Deliverables Reporting
• Conduct monthly or quarterly Task Force Taskforce meeting dates
meetings
• Expand task force membership through new
partnerships with local/regional/tribal
stakeholders
Narrative:
Task: Leading development and update of the CountylRegion Traffic Safety Strategic Plan
Deliverables Reporting
• Strategic plan that has been approved in the Describe recent efforts in creating/updating the
past 12 months strategic plan
• Diverse stakeholder involvement in strategic
plan development
Narrative:
Page 16 of 23
Federal Project 16ST-17 CFDA#20.600
Task: Coordinating High Visibility Enforcement and Media Campaigns
Deliverables—AllHigh Visibility Enforcement Reporting
and Media Campaigns (HVEM)
• Determine funding amounts for each • Attach mobilization funding plan spreadsheet
participating law enforcement agency detailing amounts for each participating law
• Create and submit signed interagency enforcement agency and emphasis type
agreements for each participating law • County mobilizations funding plan status update
enforcement agency
• Monitor interagency agreements for budget
and performance
Narrative:
Deliverables—StatewideHVEM Reporting
• Provide input to localize WTSC news releases • Description of LEA participation in Statewide
• Conduct community outreach one week prior HVEM, including list of agencies,patrol types,
and during the statewide mobilization and successes and problems encountered during
• Forward news releases and detailed HVE quarter.
campaign information to LE agency media • Community outreach report form with quarterly
contacts. report
Narrative:
Deliverables—Local Mobilizations(Flex, Reporting
Target Zero Teams, pilot, other HVEM
projects)
• Develop HVE enforcement plans quarterly • Attach HVE enforcement plans
• Develop and distribute news releases to • Attach copies/links of news releases sent to
publicize HVE Flex patrols media
• Conduct community outreach to support HVE • Attach media and community outreach report
Flex patrols form
• Develop localized media creative to support • Attach county/region law enforcement
HVE Flex patrols (required for TZT, optional participation summary
otherwise.)
Narrative:
Page 17 of 23
Task: Participating in WTSGs onsored training and development events
Deliverables Reporting
• Attend annual TZM meeting and other Provide summary on development events,upon
development events as assigned or upon request
approval
Narrative:
StrateLies related to the Target Zero Plan
Strategy: Generate awareness and news media around Target Zero Plan priorities
Deliverables Reporting
Create unpaid media opportunities via social Describe recent results in generating news
media,web,print,radio,PSA's, and other media for local Target Zero Plan priorities
media formats Copies of news releases sent to media
Narrative:
Strategy: Publicizing data trends and Target Zero priorities based on fatality and serious
injury data
Deliverables + Reporting
• Deliver traffic safety presentations to the local Number of presentations to local stakeholders
Task Force, affiliated agencies, councils,
commissions, employers, civic groups, and
other stakeholders highlighting local trends and
opportunities
Narrative:
Strategy: Coordinate enforcement, education, and engineering efforts for pedestrian safety
Deliverables Reporting
• Coordinate efforts of law enforcement, Include project status reports within
engineering targeting pedestrian safety quarterly reports
• Conduct pedestrian education campaigns in
support of enforcement/engineering efforts
Narrative:
Page 18 of 23
Strategy: Encourage peer-delivered youth traffic safety awareness programs
Deliverables Reporting
• Educate high school administrators and student • Describe outreach efforts to
leaders on available programs and resources for administrators/student leaders and results
student led traffic safety programs
Narrative:
Strategy: Educate parents around young driver issues
Deliverables Reporting
Inform parents about young driver risk and Dates of presentations to parents on young
their roles in enforcing the elements of the driver issues
Intermediate Driver's License o Driver Training School Parent Nights
o Parent Teacher Organization meetings
(PTO/PTA)
Narrative:
Strategy: Encourage training opportunities for alcohol/drug detection and effective
prosecution
Deliverables Reporting
• Regularly communicate with local law Describe communication work within quarterly
enforcement and prosecuting agencies about reports
training opportunities such as:
o Blood Alcohol Content Training(BAC)
o Standard Field Sobriety Testing(SFST)
o Advanced Roadside Impaired Driving
Enforcement (ARIDE)
o Traffic Safety Resource Prosecutor(TSRP)
Narrative:
Page 19 of 23
Strategy: Promote car seat technician training
Deliverables Reporting
• Recruit candidates for car seat technician Describe recruitment for car seat technical
training training and promotion efforts of inspection
• Promote local inspection stations and events events
Narrative:
Strategy: Other Target Zero Plan Strategies
Deliverables Reporting
• Promote Data Driven Approaches to Crime and Include DDACTS status reports within
Traffic Safety (DDACTS)DDACTS quarterly reports
• Assist in the implementation of targeted • Include results of DDACTS patrols within
enforcement patrols in support of the Kent quarterly reports.
Police Department's DDACTS grant.
Narrative:
Other Duties
(Include function and measurement method)
Other Duties:Support King County Distracted Drivin Grant
Deliverables Reporting
Work with North King County TZM to develop • Include Results within quarterly reports.
HVE enforcement plans and local media in
support of the King County Distracted Driving
Grant.
Narrative:
Other Duties:Anti-Street Racing Public Awareness
Deliverables I Reporting
Assist in promotinge an anti- Street Racing • Describe efforts within the quarterly reports.
message through PSA's and literature in support
of the State Farm Grant.
Narrative:
Page 20 of 23
Other Comments:
TZM Signature Date Project Director Signature Date
TZM Printed Name Project Director Printed Name
Page 21 of 23
Federal Project 16ST-17 CFDA#20.600
Exhibit C
FORM STATE OF WASHINGTON AGENCY USE ONLY
A19-TZM ., ', INVOICE VOUCHER AGENCY NO. Program Manager
(Rev.5/13) "'�`
1. AGENCY NAME
WTSC ONLY
Washington Traffic Safety Commission
621 81h Ave SE, Suite 409 Date
PO Box 40944
Olympia, WA 98504 Project#__________________
Approved ey-----------------
VENDOR OR CLAIMANT(Warrant is to be payable to)
Vendor's Certificate: I hereby certify under penalty of perjury that the items
and totals listed herein are proper charges for materials,merchandise or
services furnished to the State of Washington,and that all goods furnished
and/or services rendered have been provided without discrimination
because of age,sex,marital status,race,creed,color,national origin,
handicap,religion,or Vietnam era or disabled veterans status.
BY
PROJECT DIRECTOR
SWV#: Print Name
Fed ID#:
Date
Project Title: Target Zero Managers
Inclusive Dates of Claim- From: to
Submitted herewith for payment are expenditures made for services made for services performed and/or supplies and materials received
during the above period. Original documentation including time slips, invoices and vouchers are maintained with hosting agency. Ensure
duplicate copies of a time sheet summary, invoices,vouchers, etc.are attached.Invoice must be received by WTSC no later
than the 15'h of each month following the current billing cycle.
Project Budget Expenditures Claimed Cumulative Balance
This Period Expenditures to Date
Salaries and Waqes
Employee Benefits
Contractual Services
Indirect Costs
SUBTOTAL
ADJUSTED TOTAL
REF I TRANS I M I FUND I MASTER INDEX SUB SUB ORG I WORKCUSS I COUNTY I CITY/TOWN IPROJECI SUB I PROJ I AWUNT I INVOICE NUNUER
Page 22 of 23
Federal Project 16ST-17 CFDA#20.600
DOC CODE 0 OBJ SUB INDEX T PROJ PHAS
SITE D APPN PROGRAM OBJECT ALLOC BUDGET MCA
INDEX INDEX UNIT
ACCOUNTING APPROVAL FOR PAYMENT DATE VVARRANI TOTAL VVARRANT NUMBER
Page 23 of 23
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KENTaAgenda Item: Consent Calendar - 73
TO: City Council
DATE: June 16, 2015
SUBJECT: WTSC MOU - Distracted Driving Enforcement - Authorize
MOTION: Authorize the Mayor to accept the Washington Traffic Safety
Commission Grant in the amount of $3,000 for the King County distracted
driving focused patrols, authorize the Mayor to sign all documents, amend
the budget, and authorize expenditure of the funds in accordance with grant
terms and conditions acceptable to the Police Chief and City Attorney.
SUMMARY: Grant funds were awarded to Kent for distracted driving focused
enforcement patrols from May 31, 2015 - June 13, 2015 (phase 1) and September
13, 2015 - September 26, 2015 (phase 2) as coordinated by the South King County
Target Zero Manager. This grant is funded by the Washington Traffic Safety
Commission as part of its Target Zero program, whose goal is to achieve "0" serious
injuries and fatalities on Washington roadways by the year 2030. The grant funds will
be used to pay police officer overtime credited to the focused patrols.
Kent is awarded $3,000 for both phases of this project.
EXHIBITS: Memorandum of Understanding
RECOMMENDED BY: Public Safety Committee
YAY: Berrios, Thomas, Ralph NAY:
BUDGET IMPACT: Unanticipated income/Expense
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'P 14 P9 A.0
MEMORANDUM OFUNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and
between the Kent Police Department (Agency) and the Washington Traffic Safety
Commission (WTSC).
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE),
traffic safety emphasis patrols, in support of Target Zero priorities. The Target Zero
Managers and Law Enforcement Liaisons assigned to your county shall
coordinate the Scope of Work as outlined below:
TERM: April 1, 2015 - September 30, 2015
AMOUNTS
King County Distracted Driving Funding: $3,000.00
CFDA#:
ao. loly
These funds shall not be commingled and are only to be
utilized for the specific emphasis area.
SWV 0000552--00
(Agency) Statewide Vendor Number
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. GOAL: To reduce traffic related deaths and serious injuries by engaging in
multijurisdictional HVE patrols in the areas of cell phone distraction among drivers.
2. SCOPE OF WORK:
Distracted Driving:
Agency will engage in multijurisdictional HVE cell phone distraction-focused patrols
on some or all of the following dates:
Primary Campaigns: May 31 — June 13, 2015 and September 13 — 26, 2015;
Funds permitting (not guaranteed), the TZM may coordinate other patrols during this
MOU term. These patrols shall occur where the highest rates of cell phone use
among drivers occur in your geographic area of King County. Agency agrees to
take a zero tolerance approach to cell phone-related distraction violations.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the cell
phone distraction patrol shifts.
Page 1 of 7
3. CONDITIONS:
Agency will deploy highly skilled officers in coordination with other King County law
enforcement agencies and the King County Target Zero Task Force to generate the
highest amount of deterrence possible. Officers working the overtime will conduct a
minimum of three (3) self-initiated contacts per hour.
These are enforcement activities intended to apprehend cell phone distracted
drivers. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at
contact unless circumstances dictate otherwise.
All of these patrols are conducted as part of highly publicized efforts. As such,
publicity campaigns about these patrols are planned to alert the public to the fact
that extra patrols are targeting these violations. Therefore, Agency must assist
Target Zero Managers with media requests and questions.
4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law
enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime
basis (not to exceed 1.5 times their normal salary and benefits) to participate in
these emphasis patrols.
5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than
eight hours. (WTSC understands there may be instances when more than eight
hours are billed because of DUI or other arrest processing, etc.)
6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom
reimbursement is claimed has exceeded his/her normal monthly working hours when
participating in this emphasis patrol and is authorized to be paid the amount
requested. Agency understands that reserve officers are not eligible for overtime for
this project.
7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for
work on this project providing Agency has received prior approval from their local
Target Zero Manager.
8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits.
The total cost of overtime and benefits shall not be exceeded in any one campaign
area and funds may not be commingled between campaign areas.
Upon agreement by the Agency and the local Target Zero Manager, the distraction
allocation may be increased or decreased without amending this agreement
PROVIDED THAT the increase in the allocation does not exceed 50% of the original
agreed amount for the specific emphasis area. Any increase in allocation exceeding
50% will require an amendment to this document.
9. PERFORMANCE STANDARDS:
Page 2 of 7
a. Participating law enforcement officers are required to make a minimum of 3
self-initiated contacts per hour of enforcement.
b. Some violator contacts may result in related, time-consuming activity. This
activity is reimbursable.
c. Other activities, such as collision investigation or emergency response that
are not initiated through emphasis patrol contact WILL NOT be reimbursed.
10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (Al9-1A Form).
1) Agency identified as the "Claimant"
2) Statewide Vendor Number (bottom of Claimant box)
3) A Federal Tax ID #,
4) Original signature of the agency head, command officer or
contracting officer.
5) Other information denoted by arrows on the form
b. Payroll support documents (signed overtime slips, payroll documents, etc.).
c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour.
Emphasis Patrol Activity Logs cannot be modified.
Payment cannot be made unless these activity logs are included.
The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis
Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The
Target Zero Manager will forward these documents to WTSC for processing and
payment.
11. DEADLINES FOR CLAIMS
All claims must be approved by your Target Zero Manager, please allow
adequate time for processing in order to meet the following deadlines:
a. First Deadline: All claims for reimbursement for emphasis conducted from April
1, to June 30, must be received by WTSC no later than August 15, 2015.
b. Second Deadline: All claims for reimbursement for emphasis conducted
between July 1 and September 30 must be received by WTSC no later than
November 15, 2015.
Invoices submitted for reimbursement after the above dates, will not be paid.
WTSC will NOT accept faxed invoices.
12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel
consisting of one representative of the WTSC, one representative from Agency, and a
mutually agreed upon third party. The dispute panel shall decide the dispute by majority
vote.
Page 3 of 7
13. TERMINATION: Either party may terminate this agreement upon 30 days written
notice to the other party. In the event of termination of this Agreement, the terminating
party shall be liable for the performance rendered prior to the effective date of
termination.
14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project
supplant the normally budgeted funds of this agency nor do these funds pay for routine
traffic enforcement normally provided by this agency.
15. BUY AMERICA ACT: The Agency will comply with the provisions of the Buy
America Act (49 U.S.C. 53230)), which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be
purchased with Federal funds unless the Secretary of Transportation determines that
such domestic purchases would be inconsistent with the public interest, that such
materials are not reasonably available and of a satisfactory quality, or that inclusion of
domestic materials will increase the cost of the overall project contract by more than 25
percent. Clear justification for the purchase of non-domestic items must be in the form
of a waiver request submitted to and approved by the Secretary of Transportation.
16. DEBARMENT AND SUSPENSION: Instructions for Lower Tier Certification
a. By signing and submitting this proposal, the Agency (hereinafter in this section
referred to as "prospective lower tier participant') is providing the certification set
out below.
b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to
the person to which this proposal is submitted if at any time the prospective lower
tier participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
d. The terms covered transaction, debarred, suspended, ineligible, lower tier
covered transaction, participant, person, primary covered transaction, principal,
proposal, and voluntarily excluded, as used in this clause, have the meanings set
out in the Definition and Coverage sections of 49 CFR Part 29. You may contact
the person to whom this proposal is submitted for assistance in obtaining a copy
of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is proposed for
debarment under 48
f. CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
g. The prospective lower tier participant further agrees by submitting this proposal
that it will include the clause titled "Certification Regarding Debarment,
Page 4 of 7
Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions. (See below)
h. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not proposed
for debarment under
i. 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not
required to, check the List of Parties Excluded from Federal Procurement and
Non-procurement Programs.
j. Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render in good faith the certification required by
this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
k. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the
Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --
Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
17. FEDERAL LOBBYING: The undersigned certifies, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
Page 5 of 7
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in
the award documents for all sub-award at all tiers (including subcontracts,
subgrants, and contracts under grant, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
18. NONDISCRIMINATION: The Agency will comply with all Federal statutes and
implementing regulations relating to nondiscrimination. These include but are not limited
to:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits
discrimination on the basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683
and 1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the
Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C.
12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR
Part 27);
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which
prohibits discrimination on the basis of age;
(e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal-
aid recipients and all subrecipients to prevent discrimination and ensure
nondiscrimination in all of their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism;
(h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42
U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse
patient records;
(i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.),
relating to nondiscrimination in the sale, rental or financing of housing;
0) any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and
(k) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
In the event the Agency is in non-compliance or refuses to comply with any
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or
terminated in whole or in part, and the Agency may be declared ineligible for further
contracts with the VVTSC. The Agency shall, however, be given a reasonable time in
Page 6 of 7
which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
19. POLITICAL ACTIVITY (HATCH ACT): The Agency will comply with provisions of
the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees
whose principal employment activities are funded in whole or in part with Federal funds.
20. STATE LOBBYING: None of the funds under this program will be used for any
activity specifically designed to urge or influence a State or local legislator to favor or
oppose the adoption of any specific legislative proposal pending before any State or
local legislative body. Such activities include both direct and indirect (e.g., "grassroots")
lobbying activities, with one exception. This does not preclude a State official whose
salary is supported with NHTSA funds from engaging in direct communications with
State or local legislative officials, in accordance with customary State practice, even if
such communications urge legislative officials to favor or oppose the adoption of a
specific pending legislative proposal.
IN VTN HEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT,
Kent Police Department Washing on Traffic Safety
Signature Commission Signature
(Date) (Date)'
Agency Address (where fully executed copy of this document will be mailed):
Street
City, State Zip Attn:
Please return this signed MOU to your Target Zero Manager:
John Pagel
Kent Police Department TZM Appro acl
220 4th Avenue South Date 3- " S
Kent, WA 98032 Initial
Target Zero Manager will process and forward this signed document to WTSC
Page 7 of 7
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I
K E ONT l Agenda Item: Consent Calendar — 7K
TO: City Council
DATE: June 16, 2015
SUBJECT: Massage and Reflexology Services Ordinance — Adopt
MOTION: Adopt Ordinance No. , amending Title 9 of the Kent City
Code entitled "Public Safety," by adding a new Chapter 9.04, entitled
"Massage and Reflexology Services," and amending Chapter 5.01, entitled
"General Business Licenses," by adding a new section 5.01.135, entitled
"Massage or reflexology businesses — Conviction for prostitution or fraud
related activity — Conviction for violation of Chapter 9.04 KCC — Denial or
revocation of business license."
SUMMARY: Licensed massage practitioners and reflexologists play an important role
in the health and wellbeing of our community. While massage therapists and
reflexologists must obtain a state license to practice, Washington State engages in
little regulation of massage parlors themselves. In Kent, as in most other Washington
jurisdictions, massage parlors have opened to provide massage and reflexology by
non-licensed practitioners. There is no way to ensure that the practitioners providing
these services comply with the health and safety requirements of state law.
Moreover, these businesses are, on occasion, engaged in criminal activity such as
prostitution. The Kent Police Department has investigated some of the unlicensed
businesses, and has established probable cause to file criminal charges. However,
these investigations are very time consuming and resource intensive. In addition,
there have been circumstances in which businesses employing non-licensed massage
and reflexology practitioners have been charged with a criminal offense, and later
reopen to provide the same services under a different name. These illegitimate
service providers threaten the reputation of licensed massage practitioners, and
threaten the public health, safety and welfare. Requiring all massage and reflexology
providers to be licensed under state law, and requiring all practitioners and business
owners to be responsible for proper state licensing will reduce the incidence of criminal
activity, will protect the reputation of properly licensed providers, and will protect the
public health, safety and welfare.
EXHIBIT: Ordinance
RECOMMENDED BY: Public Safety Committee
YAY: Berrios, Thomas, Ralph NAY:
BUDGET IMPACT: None
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 9 of the
Kent City Code entitled "Public Safety," by adding a
new Chapter 9.04, entitled "Massage and
Reflexology Services," and amending Chapter 5.01,
entitled "General Business Licenses," by adding a
new section 5.01.135, entitled "Massage or
reflexology businesses — Conviction for prostitution
or fraud related activity — Conviction for violation of
Chapter 9.04 KCC — Denial or revocation of
business license."
RECITALS
A. Licensed massage practitioners and reflexologists play an
important role in the health and wellbeing of our community.
B. While massage therapists and reflexologists must obtain a
state license to practice, Washington State engages in little regulation of
massage parlors themselves.
C. In Kent, as in most other Washington jurisdictions, massage
parlors have opened to provide massage and reflexology by non-licensed
practitioners. There is no way to ensure that the practitioners providing
1 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
these services comply with the health and safety requirements of state
law.
D. Moreover, these businesses are, on occasion, engaged in
criminal activity such as prostitution. The Kent Police Department has
investigated some of the unlicensed businesses, and has established
probable cause to file criminal charges. However, these investigations are
very time consuming and resource intensive. In addition, there have
been circumstances in which businesses employing non-licensed massage
and reflexology practitioners have been charged with a criminal offense,
and later reopen to provide the same services under a different name.
E. These illegitimate service providers threaten the reputation of
licensed massage practitioners, and threaten the public health, safety and
welfare.
F. Requiring all massage and reflexology providers to be licensed
under state law, and requiring all practitioners and business owners to be
responsible for proper state licensing will reduce the incidence of criminal
activity, will protect the reputation of properly licensed providers, and will
protect the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, - Amendment. Title 9 of the Kent City code, entitled
"Public Safety," is amended by adding a new chapter 9.04 entitled
"Massage and Reflexology Services," as follows:
2 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
Sec. 9.04.010. Purpose. The Kent City Council recognizes the
health and wellness benefits of massage and reflexology, and that
massage and reflexology businesses in the city of Kent serve a legitimate
and beneficial purpose in the community. The Council also recognizes that
there are some businesses that hold themselves out as massage or
reflexology businesses, but employ unlicensed persons to provide massage
and uncertified persons to provide reflexology who fail to follow state
health and licensing requirements, and do not have the proper training
required to obtain a state license or certification. In addition, these
businesses that employ unlicensed or uncertified persons to provide
massage and reflexology can be used to facilitate the commission of
various criminal acts, including but not limited to prostitution. These
businesses that permit unlicensed or uncertified persons to perform
massage and reflexology or permit the commission of unlawful acts
threaten the business and reputation of legitimate and licensed businesses
and practitioners, and present a threat to the public health, safety, and
welfare. This chapter is intended to inhibit the ability of an individual or
businesses to engage in the practice of providing unlicensed massage and
reflexology, and support the legitimate provision of these services by
licensed massage practitioners and reflexologists.
Sec. 9.04.020. Definitions. For purposes of this chapter, the
terms and phrases below shall have the meanings that follow:
A. "Advertise" includes, but is not limited to, signs located at a
massage business or reflexology business; signs located in places other
than at a massage business or reflexology business; advertisements on
vehicles; advertisements in paper media such as newspapers, magazines,
fliers, cards or business cards; or advertisements in electronic media such
3 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
as internet websites, social media, electronic classified advertisements,
cell phone applications, and television or radio advertisements.
B. "Certified reflexologist," "massage business," "massage," "massage
practitioner," "massage therapy," "reflexology," and "reflexology business"
shall have the meanings set forth in RCW 18.108.010.
C. "Gross misdemeanor' and "misdemeanor' shall have the same
meaning as set forth in Kent City Code 9.02.410 as now enacted or
hereafter amended or recodified.
D. "License," "certificate" and "certification" mean a license, certificate
or certification issued pursuant to chapter 18.108 RCW.
E. "Conspicuously display" shall mean the display of licenses and
certificates in a manner that can be viewed and read by a person
immediately upon entry into the initial common area of a massage
business or reflexology business without having to request to see the
license or certification.
F. "Reflexologist" means a person who practices reflexology.
G. "Represent himself or herself as a massage practitioner' shall have
the same meaning as set forth in RCW 18.108.030(1)(b).
H. "Represent himself or herself as a reflexologist" shall have the same
meaning as set forth in RCW 18.108.030(2)(b).
Sec. 9.04.030. References to Revised Code of Washington.
References in this chapter to chapter 18.108 RCW or a specific section of
4 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
chapter 18.108 RCW shall include the chapter and sections as currently
enacted and as amended or recodified in the future.
Sec. 9.04.040. Owner, director, manager — Proof.
A. For purposes of this chapter, whether a person is an owner,
director, manager, or other person in charge of a massage business or
reflexology business may be established from evidence such as, but not
limited to:
1. The person holds himself or herself out as an owner, director,
manager, or some other like title evidencing control over business
decisions;
2. The person is responsible for the general business decisions
of the business;
3. The person is considered by those who provide massage or
reflexology services as an owner, director, manager, or other person in
charge;
4. The person is in control or partial control of when, how, or
how much those who provide massage or reflexology services work or are
paid, or whether those who provide massage or reflexology services are
employees or contractors retained to provide services on behalf of the
business;
5. The person is listed as a registered agent of the business;
6. The person is listed as a "governing people" by the
Washington State Business Licensing Service;
7. The person is an applicant or is listed as an owner on a city or
state business license or license application;
5 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
8. The person receives income from the business that is
dependent on revenue generated by another person providing massage or
reflexology services on behalf of or at the business;
9. The person has signed a lease or rental agreement for
property at which the business is operated or is responsible for lease or
rent payments;
10. The person has signed for a loan on behalf of the massage or
reflexology business;
11. The person is financially responsible for the massage business
or reflexology business utilities or services such as water, electricity,
garbage, sewer, telephone, internet, cable television, security, cleaning,
maintenance or accounting;
12. The person pays taxes on behalf of the business; or
13. The person is responsible for ensuring the business is
properly supplied with resources necessary to carry out the work of the
business or maintain the business.
B. The presence of any of the circumstances described in
subsection A shall be sufficient to establish that a person is the owner,
director, manager, or other person in charge of a massage business or
reflexology business. The circumstances described in subsection A are not
exclusive and other evidence may demonstrate a person is an owner,
director, manager, or other person in charge of a massage business or
reflexology business.
Sec. 9.04.050. Exemptions — Limitations — Name or structure
of business.
A. The this chapter shall not apply to the following:
6 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
1. Activities set forth in RCW 18.108.050 when performed as
provided in that statute; or
2. Massage or reflexology that is not provided in exchange for a
fee, property or other consideration.
B. The exemptions set forth in subsection A shall not apply to any
person who practices or represents himself or herself as a massage
practitioner or who practices reflexology or represents himself or herself
as a reflexologist and who advertises for the massage or reflexology
services, to any business that advertises for massage or reflexology
services, or to any person who provides massage or reflexology services
at a business that advertises for such services.
C. The exemptions set forth in subsection A shall not apply to
any person who obtains massage or reflexology services from a person
who advertises for the massage or reflexology services, from a business
that advertises for massage or reflexology services, or from any person
who provides massage or reflexology services at a business that
advertises for such services.
D. The fact that a person or business that provides massage or
reflexology services describes or advertises such services by a name other
than massage or reflexology shall not exempt that person or business
from this chapter.
E. In the event the services provided fall within the definition of
massage or reflexology, the manner in which a business is incorporated or
structured shall be of no consequence in determining if a business
provides massage or reflexology services.
7 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
F. A club or cooperative arrangement in which a person pays a
fee to become a member of the club or cooperative, and as a result of
such membership, he or she obtains massage or reflexology services, shall
be considered a massage business or reflexology business.
Sec. 9.04.060. Inspections.
A. Law enforcement personnel shall have the authority to inspect the
premises of any massage business or reflexology business in order to
ensure:
1. Compliance with the requirement that licenses and
certifications are conspicuously displayed and valid;
2. That those providing massage or reflexology services are
validly licensed and of proper age; and
3. Compliance with the advertising requirements of KCC
9.04.120.
B. Inspections shall be limited to times when the massage or
reflexology business is open.
C. Inspections shall be limited to the common areas of the massage or
reflexology business. This section shall not authorize entry or inspection
of rooms in which massage or reflexology is provided and which are
separated from the common area of the massage business or reflexology
business absent consent, a warrant, or other lawful basis.
D. This section shall not be interpreted as limiting the use by law
enforcement of any lawful investigatory techniques.
Sec. 9.04.070. Massage practitioner or reflexologist —
License or certificate required — Violation.
8 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
A. It shall be unlawful for any person to practice massage, or
represent himself or herself as a massage practitioner in the city of Kent
without a valid and current massage practitioner's license.
B. It shall be unlawful for any person to practice reflexology or
represent himself or herself as a reflexologist in the city of Kent without a
valid and current massage practitioner's license or certificate in
reflexology.
C. An unissued license or certificate, or an expired, revoked, or
suspended license or certificate, shall not be considered a valid license or
certificate.
Sec. 9.04.080. Massage practitioner or reflexologist —
Owner, director, manager, or other person in charge to ensure
valid license or certificate — Violation.
A. It shall be the responsibility of any owner, director, manager, or
other person in charge of a massage business or reflexology business in
the city of Kent to ensure that each person who practices massage, or
represents himself or herself as a massage practitioner, is validly and
currently licensed, and to ensure that each person who practices
reflexology or represents himself or herself as a reflexologist is validly and
currently licensed as a massage practitioner or certified as a reflexologist.
B. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to
facilitate or, with knowledge or criminal negligence, permit a person who
does not have a valid and current massage practitioner's license to
9 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
practice massage or represent himself or herself as a massage
practitioner.
C. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to
facilitate or, with knowledge or criminal negligence, permit a person who
does not have a valid and current massage practitioners license or who is
not a certified reflexologist to practice reflexology or represent himself or
herself as a reflexologist.
D. A person with an unissued license or certificate, or whose license or
certificate is expired, revoked, or suspended, shall not be considered
validly licensed or certified.
E. For the purposes of this section, the failure of the owner, director,
manager, or other person in charge of a massage business or reflexology
business to confirm the validity of a massage license or reflexology
certificate through the Washington Department of Health shall constitute
criminal negligence.
Sec. 9.04.090. Display of massage practitioner or
reflexologist license or certificate required — Violation.
A. At any massage business or reflexology business, a copy of the
valid and current license of each person who practices massage or
represents himself or herself as a massage practitioner at or on behalf of
the massage business or reflexology business, and the valid and current
massage practitioner's license or reflexology certificate of each person who
practices reflexology or represents himself or herself as a reflexologist at
or on behalf of the massage business or reflexology business, shall be
10 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
conspicuously displayed and shall be made available to persons receiving
massage or reflexology services or to law enforcement for inspection upon
request.
B. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to fail to
conspicuously display the valid and current massage practitioner's license
of each person who practices massage or represents himself or herself as
a massage practitioner at or on behalf of the massage business or
reflexology business.
C. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to fail to
conspicuously display the valid and current massage practitioner's license
or certificate to practice reflexology of each person who practices
reflexology or represents himself or herself as a reflexologist at or on
behalf of the massage business or reflexology business.
D. Each person who practices massage or represents himself or herself
as a massage practitioner, and each person who practices reflexology or
represents himself or herself as a reflexologist shall have his or her valid
and current license or certificate at each location in which he or she
practices massage or represents himself or herself as a massage
practitioner, and at each location in which he or she practices reflexology
or represents himself or herself as a reflexologist, and the valid and
current license or certificate shall be provided to the person receiving the
massage or reflexology service or to law enforcement for inspection upon
request.
11 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
E. It shall be unlawful for any person who practices massage or
represents himself or herself as a massage practitioner, to fail to have his
or her valid and current massage practitioner's license at each location in
which massage services are provided, or display his or her valid and
current license to the person receiving the massage service or to law
enforcement for inspection when requested.
F. It shall be unlawful for each person who practices reflexology or
represents himself or herself as a reflexologist, to fail to have his or her
valid and current massage practitioner's license or reflexology certificate
at each location in which reflexology services are provided, or display his
or her valid and current license or certificate to the person receiving the
reflexology service or to law enforcement for inspection when requested.
G. It shall be unlawful for any person to present or conspicuously
display an expired, altered, fake or fraudulently obtained license,
certificate or certification. It shall be unlawful for an owner, director,
manager or other person in charge of a massage business or reflexology
business to facilitate or permit another to present or conspicuously display
an expired, altered, fake or fraudulently obtained license, certificate or
certification.
Sec. 9.04.100. Receipt of massage or reflexology services
from unlicensed massage practitioner or reflexologist - Unlawful.
A. It shall be unlawful for any person to receive massage services from
another whom the recipient knows, or reasonably should know, is not
validly or currently licensed to provide massage services. It shall be
unlawful for any person to receive reflexology services from another whom
the recipient knows, or reasonably should know, is not validly or currently
12 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
licensed as a massage practitioner or certified to provide reflexology
services.
B. It shall be an affirmative defense to a violation of this section that
the person receiving the massage or reflexology services inquired of the
license or certification status of the person providing the services and was
provided a document purporting to be a valid and current license of the
massage practitioner or valid and current certificate of the reflexologist.
Sec. 9.04.110. Minors practicing massage or reflexology -
Responsibility of owner, director, manager or other person in
charge — Receipt of massage or reflexology services from minor
unlawful.
A. It shall be the responsibility of the owner, director, manager, or
other person in charge of a massage business or reflexology business to
verify that each person who provides massage or reflexology services has
attained the age of 18. It shall be unlawful for any owner, director,
manager, or other person in charge of a massage business or reflexology
business to permit or facilitate the provision of massage or reflexology
services by a person who has not reached the age of 18.
B. It shall be unlawful for any person to receive massage or
reflexology services from another whom the recipient knows, or
reasonably should know, has not reached the age of 18. It shall be an
affirmative defense to a violation of this section that the person receiving
the massage or reflexology services inquired of the age of the person
providing the services and was provided a document purporting to be a
valid and current license of the massage practitioner or valid and current
certificate of the reflexologist.
13 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
Sec. 9.04.120. Advertising. It shall be unlawful to advertise the
practice of massage or practice of reflexology except in accordance with
RCW 18.108.040.
Sec. 9.04.130. Violations - Penalty.
A. The first violation of any provision of this chapter shall constitute a
misdemeanor.
B. Each subsequent violation of this chapter, whether alleged in the
same prosecution as the first violation or in subsequent prosecutions, shall
constitute a gross misdemeanor.
SECTION 2. - Amendment. Chapter 5.01 of the Kent City Code,
entitled "General Business License," is hereby amended by adding a new
section 5.01.135 entitled, "Massage or reflexology businesses — Conviction
for prostitution or fraud related activity — Conviction for violation of
Chapter 9.04 KCC — Denial or revocation of business license."
Sec. 5.01.135. Massage or reflexology businesses -
Conviction for prostitution or fraud related activity — Conviction for
violation of Chapter 9.04 KCC - Denial or revocation of business
license.
A. No person convicted of an offense under Chapter 9A.88 RCW or a
similar law of another state, and no person convicted of an offense under
Chapter 9A.60 RCW or a similar law of another state when such violation
of Chapter 9A.60 RCW or similar law of another state is related to the
operation of a massage business or reflexology business, shall be
14 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
authorized or entitled to obtain a city of Kent business license for a
massage business or reflexology business.
B. The issuance of a business license for a massage business or
reflexology business to a person previously convicted of an offense
described in subsection A shall be null and void.
C. In the event a person who has obtained a city of Kent business
license for a massage business or reflexology business is thereafter
convicted of an offense described in subsection A, such business license
may be revoked in accordance with KCC 5.01.150. Revocation may occur
regardless of the jurisdiction or location in which the violation of the
offense occurs. The bases for revocation of the business license pursuant
to this section shall be in addition to the grounds for revocation provided
in KCC 5.01.130.
D. For a two year period following conviction, a business license
application for the operation of a massage business or reflexology
business may be denied in accordance with this chapter to any licensee
convicted of an offense under Chapter 9.04 KCC. The bases for denial of
the business license pursuant to this section shall be in addition to the
grounds for revocation provided in KCC 5.01.130.
E. A business license for the operation of a massage business or
reflexology business may be revoked in accordance with this chapter to
any licensee convicted of an offense under Chapter 9.04 KCC. The bases
for revocation of the business license pursuant to this section shall be in
addition to the grounds for revocation provided in KCC 5.01.130.
15 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
F. For the purposes of this section, the terms "massage," "massage
business," reflexology," and "reflexology business" shall have the
meanings set forth in RCW 18.108.010 as now enacted or hereafter
amended or recodified.
SECTION 3, — Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4, — 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 5, — 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:
16 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12015.
APPROVED: day of 12015.
PUBLISHED: day of , 2015.
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)
RONALD F. MOORE, CITY CLERK
FIAQvllA0,J,n,o[6A9.04 Mssszgo no Rod-olo9Y.Lo-
17 Amend KCC 9—Public Safety
Massage and Refiexoiogy Services
Amend KCC 5.01 - Business Licensing
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ENT .yaP Agenda Item: Consent Calendar - 7L
Wn5 M14C..qua
TO: City Council
DATE: June 16, 2015
SUBJECT: SE 240th Slope Street Stabilization and Pavement Restoration Project -
Accept as Complete
MOTION: Authorize the Mayor to accept the SE 2401h Slope Street
Stabilization and Pavement Restoration Project as complete and release
retainage to Northwest Cascade, Inc. upon receipt-of standard releases from
the state and the release of any liens.
SUMMARY: In late March 2014 the northern shoulder of SE 240th Street in the vicinity
of SE 146th Place was damaged during heavy rains. Left unattended, the roadway
shoulder would have become a landslide. The City had been aware of a potential
problem at that location since the area was annexed from King County as part of the
Meridian annexation. The roadbed integrity at this location had been reviewed with
geotechnical experts a number of years ago. It was not until after the March storm
event however, that it became apparent the road would need to be rebuilt with a
retaining wall.
This matter was brought before the Public Works Committee on June 16, 2014. Staff's
preliminary estimate at the time was $700,000.00, and the Public Works Committee
gave authorization to proceed ahead with the project. A project budget of $700,000
was formally established by Council in 2014.
The design work was completed by geotechnical and structural firms and put out for
competitive bids. Four competitive bids were received on August 14, 2014. The low
bid was received from Northwest Cascade Inc. in the amount of $562,676.00. The
final amount paid the contractor was $630,375.41, which included unanticipated costs
due to underground field conditions. Along with associated costs for geotechnical
engineering, soil borings, structural engineering design, project administration, and
construction management the total project cost is $900,000.00
The project is now complete and ready for acceptance.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
YAY: N/A NAY: N/A
BUDGET IMPACTS: The remaining budget impact is $200,000, the difference
between the total project cost and the 2014 budgeted amount of $700,000.
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OTHER BUSINESS
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�. O T ��" Agenda Item: Bids - 9A
TO: City Council
DATE: June 16, 2015
SUBJECT: Central Avenue S. Pavement Preservation and Utility Improvements -
Award
MOTION: Move to award the Central Avenue South Pavement Preservation
and Utility Improvements Project to Marshbank Construction, Inc. in the
amount of $5,819,698.74 and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The Central Avenue South Pavement Preservation and Utility
Improvements Project will reconstruct Central Avenue.
Improvements will include:
• New pavement
• Sidewalks
• New curb and gutter
• New water main
• Re-lining of sanitary sewer lines
Replacing the damaged sidewalks will require the existing street trees be removed
since they are causing the sidewalks to buckle. The trees will be replaced in a future
project.
Construction is planned to start in July 2015 and be completed by July 2016.
The low bidder was determined to be non-responsive.
EXHIBITS: Memo Dated June 10, 2015
RECOMMENDED BY: Public Works Director
YAY: N/A NAY: N/A
BUDGET IMPACTS: This project will be funded from a Federal Grant, Business &
Occupation Tax, City Water funds and the City Sanitary Sewer fund.
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PUBLIC WORKS DEPARTMENT
Timothy ]. LaPorte, P.E.,
Public Works Director
KENT
Mn BxiY rf.Yfu
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: June 10, 2015
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Central Avenue South Pavement Preservation and Utility
Improvements Project
Bid opening for this project was held on Tuesday June 9, 2015 with six bids
received. The lowest responsible and responsive bid was submitted by Marshbank
Consturction, Inc. in the amount of $5,816,698.14. The Engineer's estimate was
$5,046,973.13. The Public Works Director recommends awarding this contract to
Marshbank Construction Inc.
Bid Summary
01. IGGN Materials $5,249,402.36 * Non Responsive
02. Marshbank Construction, Inc. $5,816,698.74
03. Miles Resources, LLC $5,975,293.70
04. Road Consturction Northwest, Inc. $6,032,001.14
05. TITAN Earthwork, LLC $6,208,995.79
06. ° `"' Scott !`..nStFUctien Co. * Non Responsive
r���vcvcc cmT�cra ccroirc
Engineer's Estimate $5,046,973.13
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KE * T kENt�� Agenda Item: Bids - 9B
NRBII MPT pP
TO: City Council
DATE: June 16, 2015
SUBJECT: 2015 Asphalt Overlays - Award
MOTION: Move to award the 2015 Asphalt Overlays Project to ICON
Materials in the amount of $1,066,044.05 and authorize the Mayor to sign
all necessary documents, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
I
SUMMARY: This project will overlay two residential streets; SE 2515t Street to South
of S. 259th Place and 109th Avenue SE from SE 248th to SE 2561h Street. The project
consists of installing approximately 3,500 tons of hot mix asphalt, 12,620 square
yards of planning asphalt concrete, 22,000 square yards of fabric reinforcement,
1,000 tons of crushed surfacing and other work.
Four bids were received for this project with the lowest responsive bid from ICON
Materials.
EXHIBITS: Memo Dated June 10, 2015
RECOMMENDED BY: Public Works Director
YAY: N/A NAY: N/A
BUDGET IMPACTS: Funding for this project will come from the Solid Waste Utility
Tax.
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40 PUBLIC WORKS DEPARTMENT
Timothy ]. LaPorte, P.E.,
KNT Public Works Director
Mn Bxi f.Yfu
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: June 10, 2015
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: 2015 Asphalt Overlays
Bid opening for this project was held on Tuesday June 9, 2015 with four bids
received. The lowest responsible and responsive bid was submitted by ICON
Materials in the amount of $1,066,044.05. The Engineer's estimate was
$1,466,025.00. The Public Works Director recommends awarding this contract to
ICON Materials.
Bid Summary
01. ICON Materials $1,066,044.05
02. Lakeridge Paving Co. LLC $1,084,131.75
03. Lakeside Industries $1,165,219.00
04. Miles Resources, LLC $1,283,907.00
Engineer's Estimate $1,466,025.00
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�. O T ��" Agenda Item: Bids — 9C
TO: City Council
DATE: June 16, 2015
SUBJECT: SR 516 to S 231't Way Levee Improvements Project — Award
MOTION: Move to award the SR 516 to S. 231' Way Russell Road Upper
Levee — South Reach project to SCI Infrastructure in the amount of
$1,994,502.86 and authorize the Mayor to sign all necessary documents,
subject to acquisition of necessary property rights at Regatta at the Lakes
and final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: The SR 516 to S. 231't Way Russell Road Upper Levee — South Reach
consists of construction of a secondary earthen levee along the Green River landward
of the existing levee north of the James Street/Russell Road intersection in Kent. The
project will take place along a portion of the Green River Trail adjacent to the Lakes
Community's multi-family development. The new levee is approximately 1,600 linear
feet of specific levee fill material with a crushed rock surface on top and topsoil and
grass on the side slopes. The project also includes construction of a new drainage
system and a joint utility trench to relocate overhead power and communication lines
underground.
The work is part of the City of Kent and King County Flood Control District's efforts to
improve levees to standards that exceed FEMA accreditation criteria.
EXHIBITS: Memo Dated June 10, 2015
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Costs associated with this project will be paid through the King
County Flood Control District.
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PUBLIC WORKS DEPARTMENT
Timothy ]. LaPorte, P.E.,
Public Works Director
KENT
Mn BxiY rf.Yfu
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: June 10, 2015
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: SR 516 to S. 2315t Way Levee Russell Road Upper Levee — South
Reach - Award
Bid opening for this project was held on Tuesday June 9, 2015 with eight bids
received. The lowest responsible and responsive bid was submitted by SCI
Infrastructure in the amount of $1,994,502.86. The Engineer's estimate was
$2,231,250.62. The Public Works Director recommends awarding this contract to
SCI Infrastructure.
Bid Summary
01. SCI Infrastructure $1,994,502.86
02. Active Construction, Inc. $2,078,474.18
03. DPK Inc. $2,125,280.03
04. Olson Bros. Excavating, Inc. $2,155,260.03
05. Scarsella Bros. $2,231,250.62
06. R.W. Scott Construction Co. $2,454,268.40
07. Road Construction Northwest $2,596,303.04
08. Rodarte Construction, Inc. $2,704,595.80
Engineer's Estimate $2,423,793.45
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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OFFICE OF THE MAYOR
\ � Derek Matheson, Chief Administrative Officer
v Kt=NT Phone: 253-856-5700
......... Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 6/16/15
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, June 16, 2015
The Chief Administrative Officer's report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• Mayor Suzette Cooke, Council President Dana Ralph, and two councilmembers will
interview applicants for the Financial Sustainability Task Force on June 29.
• The Facility Efficiency Work Group met for the first time on June 10. The group will
work with ARC Architects to evaluate whether interior modifications to the City Hall
Campus can accommodate the Police Department's medium-term (10-year) space
needs and increase the efficiency of all city departments.
• The city's Public Works, Parks & Recreation, Information Technology, Economic &
Community Development, Administration, and Human Resources Departments will
participate in a Lean exercise on the city's capital projects process the week of July
6. There will be two facilitators from Impact Washington and a presentation from
Transportation Improvement Board Executive Director Steve Gorcester, a recognized
expert in Lean who has used the process to make the TIB more efficient and
effective.
• The Public Safety Committee heard a report on June 9 on the city's efforts to
strengthen enforcement of fireworks laws this Fourth of July.
• Kent4Health has been busy encouraging wellness in the community. Activities
include:
o Free Zumba to the public on Monday and Wednesday 5:30-6:30pm through a
partnering with SeaMar Community Clinic of Kent through the end of July.
o Outdoor walks kicked off June 3 and are every Wednesday on the various
trails around Kent. Walks are 9-11am and again at 6-7:30pm. A complete
schedule is available at Kent4Health.com, the Mayor's office, Kent Commons
and the Senior Activity Center.
Page 1 of 13
o As part of the Tap Into Water Campaign, Kent4Health was present at the
Public Works event offering a water taste test (tap vs bottle) and a sample of
fruit infused water.
o Kent4Health organized the May 30 Kent International Festival Generations 1-
Mile Walk. More than 50 walkers strolled through the streets to kick-off the
festival. A big thank you to our Police escorts Sergeant Schanbacher, officer
Kellams, Miller, and Bateman.
o On June 8 committee members attended the King County Flood Control
District hosted presentation of the Green River Lower Russell Road Levee
Setback Project. County and city staff presented the proposed levee
alignment that allows for increased flood protection, relocation and
improvement of Van Doren's Landing Park and the Green River Trail, and
creation of improved floodplain habitat along the Green River. Those in
attendance seemed to be pleased with the proposed alignment. We will
continue to follow discussions through the process.
ECONOMIC AND COMMUNITY DEVELOPMENT
• Economic Development
o Staff is working in concert with Parks Cultural division and the Kent Downtown
Partnership to fundraise in the community for a public art lighting project for
the 167 underpass on Meeker Street. The estimated target for a permanent
art installation is $50,000. Staff have presented on ideas and the necessity for
attractively lighting the underpass to Kiwanis, Rotary, the Kent Lions and
Banner Bank.
Kent Downtown Partnership (KDP) designated the underpass art as their "Fund
An Item" of the year at the June 5 Auction Dinner, raising almost $10,000.
The funding commitment from KDP combined with the approximate $20,000 in
City public art funds available for the Meeker Street underpass, brings the
funding target significantly closer to the total. Once the funding target is
reached, staff anticipates that selecting an artist and producing the installation
will take approximately three to four months.
• Planning Services
o On May 26, Kent's planning staff facilitated a meeting with members of the
King County Master Builders Association (MBA) to discuss strategies for
meeting the City's residential design goals, specifically the 'diminished garage'
requirements. Requiring diminished garages in new neighborhoods is one way
of promoting friendlier, walkable and welcoming neighborhoods. The City's
design review standards for new homes allow builders to either use pre-
approved design strategies, or propose alternatives that can be approved by
Planning Services. In order to clarify the City's expectations and ensure a
predictable permitting process, staff worked together with builders to identify
design ideas that will meet the City's goals. Staff is currently working with
MBA on a guidance document which staff will present to the Economic and
Community Development Committee at an upcoming meeting.
o At their June 8 meeting, the Land Use and Planning Board made
recommendations for approval of the Comprehensive Plan Update, which
includes 10 elements or chapters, and most of the requested amendments to
Page 2of13
the Land Use Plan and Zoning Districts maps. The map amendments would
allow additional commercial uses in the industrial areas as well as additional
mixed-use areas throughout the City. The recommendations will be brought
forward to the Economic and Community Development Committee in July.
Development Engineering
o In a joint effort with the Public Works department, staff is kicking off the next
permit process LEAN exercise. Once again, we will be working with Gordy
Anderson from Impact Washington on a detailed review of our civil
construction inspection process. The group will focus on aspects of the City's
civil review permits. This 3-day exercise will involve representatives from
every reviewing department and is scheduled for later this month.
FINANCE
Members of the finance department met with representatives from the King County
Assessor's Office to discuss the interplay between the City of Kent's and the Regional
Fire Authority's (RFA) maximum levy rates. Finance staff were being educated on
the potential impacts to the City's property tax levy rate depending on RFA
annexations and the fire benefit charge. The conversation was very helpful and we
appreciate the time the King County Assessor's Office took to put together the
information and meet with us.
HUMAN RESOURCES
Nothing to report
INFORMATION TECHNOLOGY
Information Technology (IT) Multimedia recently worked collaboratively with Michelle
Wilmot to produce the Communications presentation that was recently presented at
the June 2 Council Workshop. This talented and skilled team made up of graphic
designers, videographer and printing specialist put in several hours of planning,
design, production and printing time in order to produce a quality product for
Michelle to use in her presentation to the Council. This is a great example of the
Multimedia staff working together as a team and with other departments in the City.
IT is very proud of this amazing team and the work they do in supportive
collaboration with City personnel.
LAW
Nothing to report
MUNICIPAL COURT
Nothing to report
PARKS, RECREATION, AND COMMUNITY SERVICES
Parks Planning and Development
o Public outreach for the Parks and Open Space Plan update kicked off at the
International Festival. Several Parks Commissioners volunteered to help with the
Parks booth. Visitors were invited to go to the project website, MyKentParks.com,
where there is a link to our informal survey. Staff and Commissioners are
planning similar booths for five upcoming summer events.
o National Trails Day was held at Clark Lake Park on June 6. Thirty volunteers
showed up to help improve the south trail by the bridge.
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Park Operations
• Park Operations is in the process of replacing irrigation controllers as part of a
system-wide update that began several years ago. This is being done in
conjunction with an update to the centralized control system. The latest parks to
receive replacement are Lake Meridian park and Service Club ballfields, two of the
highest consumers of water in the park system. The expectation is that there will
be savings in both water consumption and time spent managing the control
programs. Parks currently in planning for the next phase of roll out are Hogan
Park at Russell Road and Chestnut Ridge. A specific timeline for each of these
locations is yet to be finalized but will likely be in 2016.
• The roll out of the hanging baskets in the downtown area for 2015 is complete.
This program has been very popular over the years and grew to over 100 baskets
but was suspended due to funding in the early 2000's. After a brief hiatus the
program was restarted and is currently at 25 baskets sustained by a great
working relationship between the City and the Kent Downtown partnership.
Facilities
o Facilities crews closed 54 work orders, demolished and replaced the job shack in
the Police Headquarters car wash area, re-wired the Senior Center's parking lot
light poles due to a wire theft, and installed three windows at the Court building
for the Prosecutor offices.
o The HVAC crew repaired the chiller at the 18-hole golf course and replaced fan
motors at the Police impound yard and the Green River Room at Kent Commons.
Human Services
• Staff attended the Bill & Melinda Gates Foundation sponsored Leading Across
Health and Homelessness Systems summit. Leaders from the housing, health
care, and homeless/housing arena were invited to come together to explore
opportunities to connect family homelessness and health. Breakout groups
focused on 1) strategies to address health disparities and racial disproportionality,
2) getting the right care at the right time in the right place, and 3) strategies for
complex needs populations. The Affordable Care Act has led to increased
enrollment in Medicaid among people experiencing homelessness, but another
objective is to shift the focus of health care away from procedures and treatments
and towards the overall quality of care and people's health outcomes. There is
increased attention on Federal rules that allow states to cover the broad set of
services for people in supportive housing under Medicaid (including pre-tenancy
supports, tenancy supports, and move-in supports). Investing in case
management and supportive services (coordinated with housing) is considered a
more cost-effective use of Medicaid than having individuals cycle in and out of
emergency rooms and inpatient hospital stays.
• Staff members are participating in a number of initiatives related to children,
youth and young adults in our community including:
• Regional Re-Engagement Network is an initiative of the Road Map/CCER
to re-engage young adults 16 — 24 who did not graduate from high
school and are not working. The goals of the Network are: cross-
program sharing and networking; regional collaboration; data-driven
learning and improvement and tracking regional progress. Internships
and work experience are also a focus of this group. Staff from iGrad, a
program of the Kent School District to reengage youth to complete a
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High School credential or GED and enroll in college, and the Multi
Service Center participate as well.
• Youth Development for Education Results - a workgroup focused on
increased partnerships between school and community based
organizations. A web-based tool to identify youth activities and
programs was introduced at their most recent meeting. The link is live,
but still in a testing stage and full roll out is expected late summer. Kent
Parks and Recreation programs are included in this directory. Staff is
working with Kent area youth organizations to ensure they are included
in the directory. http://youthprogramdirectory.org/
o Staff met with the Boeing Community Investor, Health and Human Services grant
representative, from the Boeing Foundation about submitting a Letter of Interest
to apply for a Health and Human Services collaborative refugee and immigrant
workforce development grant to develop the middle school to community college
manufacturing employment pipeline. The collaborative, which includes the City of
Kent and Kent Cultural Diversity Initiative Group, will submit a Letter Of Interest
that is due on June 30.
o Staff was invited to co-facilitate a workshop entitled Towards a Regional Equity
Compact? Engaging King County Cities and Jurisdictions in a New Collaborative at
the Governing for Racial Equity (GRE) conference on June 11. The GRE Network
is a regional partnership of government jurisdictions working to achieve racial
equity.
o The HUD representative from the regional office of Community Planning and
Development conducted an on-site programmatic monitoring review of the
Community Development Block Grant Program (CDBG) for Fiscal Year 2013. In
2013, the City received $914,499 in CDBG funds.
o Staff recently participated in a meeting with Domestic Abuse Women's Network
(DAWN). DAWN staff updated planners on the "Green Dot" research-based
community prevention/intervention model with the intended goal to reduce
domestic violence, sexual assault, bullying and other forms of violence. GreenDot
capitalizes on peer networks and cultural influence and seeks to engage all
community members through awareness, education and skill building. Human
Services staff will begin to seek input from Police and Parks as to other interest in
learning more about the model.
Recreation - Youth/Teens/Adaptive Programs
o Youth/Teen and Recreation staff participated in numerous school festivals,
carnivals and health fairs throughout the month of May including the
International Festival at Showare. These events provide an excellent
opportunity to conduct community outreach. While kids participate in some
type of interactive game, parents are able to meet with staff to discuss details
about programs and services available through the Parks Department.
o Adaptive Recreation staff continue to provide incredible program opportunities
for persons with developmental disabilities and a variety of other special
needs. These programs provide immeasurable social, health and fitness
benefits to participants and their families. Participants report heightened
confidence, self-esteem, and fulfillment. Program successes in May include:
Page 5 of 13
• Washington State Special Olympics Summer Games were held at Joint
Base Lewis-McChord May 30 -31. Kent was represented by 45 athletes
participating in track and field, swimming and cycling. The weekend
focus was on competition, sportsmanship, and camaraderie (all of our
athletes were champions).
• "Theater for All" presented their quarterly play adapted from the book
"You are Special". These talented actors brought the house down with
their acting ability and on-stage charm.
Cultural Programs
o The 2015 Summer Art Exhibit opened on Wednesday, June 3 with a reception in
the Centennial Center Gallery from 6:30-8:30 p.m. Approximately 75 guests
enjoyed light refreshments (compliments of sponsor Osborn/Machler), as well as
a performance by Voices 4, a vocal jazz quartet, and the opportunity to meet the
exhibiting artists. Forty-two pieces by 20 artists are on display through
August 31.
A purchase jury met the morning of June 3 to select artwork to purchase from the
show for the City's permanent collection. The jury also decided on artists to invite
to have solo or shared exhibitions in the Centennial Gallery 2016 season. The
purchase jury consisted of professional artists Eduardo Calderon and Randi
Ganulin, Kent Arts Commissioner Jen Treese, City Council member Dennis
Higgins, and City of Kent Attorney Tom Brubaker.
Kent Commons
A Parks Department goal is to provide safe and inviting parks and facilities with
meaningful and diverse programs that provide personal, social, and economic
benefits to participants and local business. We achieved this in a variety of ways
throughout the month of May:
• Kent Memorial Park and Hogan Park at Russell Road are popular urban
centers that bring people together and create connections to the
downtown corridor. Over two weekends, these athletic venues hosted
92 sport teams with over 4,500 participant/spectators. These teams
and their spectators shop, eat, and lodge in Kent!
• Kent Commons continues to serve as a community hub by offering a
variety of inviting programming and community use opportunities. In
May, the facility had over 24,932 visitors. A single four-day event had
1,200 daily visitors.
o One of the many values of youth sports is creating lasting, positive
connections between youth participants and caring adult coaches. During the
month of May, over 150 volunteers in the Youth Sport Mentorship Volunteer
Coach Program logged 1,500 service hours engaged in teaching, encouraging,
influencing, guiding, and having fun with youth in our community.
Page 6of13
POLICE
• Staff Changes — Hiring/Retirement/Recruitment/Leaves/Promotions
o We will be swearing-in several new officers at the June 16 Council Meeting
(Plunkett, Weishaar, O'Hagan, Walton, Rausch, Cortinas, Dorff, Reed, Lai).
Rausch will be graduating from the Academy on June 11.
• Significant Crime Activities/Arrests/Investigations
o On June 2 at approximately 0226 hours, Officers responded to the report of an
Illegal Discharge at the Benson Village Apartments, located at 21030 109 PL SE.
Multiple callers reported hearing several shots. The two vehicles that were
reported to be associated were a black BMW and a grey 2-door. One of the callers
reported a headlight was out on one of the vehicles.
Officers located a grey 2-door vehicle with a headlight out that drove back into the
complex. The vehicle was occupied by three white males, all of which appeared to
have been drinking. One male is a known High Impact Offender.
Officers conducted a frisk of the three occupants due to the nature of the call.
The driver of the vehicle gave consent to a search of the vehicle, but nothing was
located. Officers established that the occupants claimed to have been the victims
of the shooting.
The driver said that they witnessed a black Lexus SUV shoot 5 rounds into the air
and then speed off Southbound on 108 Ave SE. The occupants of the Lexus were
not known to the witnesses in the gray car. An area check for the vehicle was
negative. Officers collected handgun shell casings located near the entrance to
the complex. A resident later reported finding a bullet in the wall of their
apartment. Detectives were notified.
o Road rage with a gun on June 5 at 116/Kent Kangley. Victim and suspect
exchanged words during heavy traffic. Suspect was located and arrested.
Case forwarded to Detectives.
o Vehicle theft of commercial vehicle on June 7 at 8600 S 192"d. Beacon
lumbing truck stolen (left running unattended). Responding officers located
the vehicle and pursued. Pursuit ended when suspect struck an unoccupied
parked vehicle. The driver fled but was located hiding in a shed. A detective
has been assigned.
o Carjacking with a gun on June 7 at Cottonwood Apartments. Suspects
crashed the vehicle at 27th/259th Two witnesses saw the collision and
recognized the suspects as locals, but did not know their names. Case
referred to Detectives.
o A Felony Hit and Run at 26000 Pacific Hwy S. The victim, a 64 year old male
stepped onto Pacific Hwy just South of the intersection at 260th, against the
green light. The suspect vehicle hit him at around the posted speed limit.
Initial indication from Medics at the scene was that they did not expect the
victim to survive. He was transported to Harborview.
A witness watched as the suspect vehicle stopped for a moment and then fled
the scene. The witness was able to get the plate to the suspect vehicle, which
came back to a Federal Way address. FWPD checked the address and located
the car, which had considerable damage from the collision. The driver, a 43
year old male was arrested.
The Traffic Unit responded to the scene and took custody of the suspect.
Page 7of13
• Major Emphasis Patrol
o Patrol units are conducting extra hot spot patrols in the business area
surrounding and south of McDonalds on 256th Street. Patrol has conducted 8
trespass arrests, 11 trespass warnings, and two warrant arrests. Patrol units
are also conducting extra hot spot patrols in the area of 108/240thStreet.
Patrol has conducted 2 arrests for criminal trespass, 2 arrests for obstructing
an officer, 1 warrant arrest, 1 arrest for possession of drug paraphernalia,
1 arrest for DUI. Both areas are juvenile and gang hangouts with high crime.
Patrol emphasis has also been conducted at a problem residence/criminal flop
house at 25100 block of 22 Av S. with a high amount of activity that has
resulted in numerous criminal contacts.
• School Issues
o Kent School District graduations at Showare Saturday June 13. The
department is responding to assist with crowd and traffic control.
• Events/Awards
o Community Meeting Wednesday, June 10 at Sunnycrest Elementary.
o Lifesaving Medal (Stansfield).
o Chiefs Award of Exceptional Duty (Mills).
o Chiefs Award of Citizen Commendation (Kanwarjett Sanhu and Marcus
Robinson).
o Letters of Commendation (Corner, Travis Reed, Sheena Chupa, Andrehas
Rodriquez-Johnston).
PUBLIC WORKS
Streets
o Street Maintenance
• Prep and pour sidewalks on James St between 102nd to 98th Ave
• Pour ADA Ramps on James at corners of 98th Ave and James St
• Grind for paving and hot patch repair at South 228th and 68th
o Signs, Markings & Litter Removal
• Pick up litter and remove illegal signs in the East and West Hill and Valley
North and South
• Reset sign bases and replace signs at Morton & 68th Ave S, SE 293rd Way and
124th Ave SE and at S 240th St, west of Lakeside Blvd
o Vegetation
• Water Veg: Weed eat and mow at PS5, Pac Hwy Islands, Armstrong Springs,
West hill sites
• Mow, spray and line trim at Titus parking lot; mow, line trim, blow and pick up
litter on West Valley from 228th to 196th, La Fitness on Hawley Rd, Railroad
and Willis, 4th and Willis
• Wetland Mitigation crew: Service request at Cantera (SE 278th & 124th PI SE),
prune shrubs; clean bed and bark at Titus parking lot; Line trim on Veteran's
Drive mitigation areas Russell Rd and 228th; Fertilize and weed Green River
Natural Resource Area Nursery; Line trim at Kent view; Vegetation clean up at
Page 8of13
Pacific Northwest Equipment (78th and 200th), 196th Corridor wetland, Senior
center/Earthworks (E Titus and Canyon), Kennebeck, Swan Court (112th and
240th), Maplewood Grove (108th and 241't), Jamie Lane (115th and 244th)
Highland Crossing (119th and 245th, 120th and 244th), Meadow Hills (120th and
256th and Kensington High (128th and 248th)
• Sidearm Mowing: Green River Trail, Grandview Park, 5th Ave, 4th Ave, lst Ave,
240th from 116th to 146th, 256th from 132nd to 148th
• Holding pond maintenance (mow and trim): 256th mow strips (SE 256th St
from Kent Kangley to 116th Ave SE), Meridian Pointe (136th south of 240th St),
Pineridge (234th and 118th PI), Winsberg Haven (12749 SE 237th PL), Cantera
Tract H (SE 280th St and 126th PI SE), Cantera Tract C (278th PI and 124th
Ave), Brossard (SE 276th PI and 124th Ave), Andrews Landing (SE 277th St and
120th Ave SE), Forest Meadows (11214 SE 218th PI), Family homes bio (25329
114th Ave SE), Heather Glen Estates (13411 SE 253rd PI), City Easement at
100th ave SE and SE 218th PI, Copper Hill easement (10231 SE 225th PI),
Meridian West (130th Ave and SE 264th), Starwood B (11204 SE 265th PI), SE
282nd and 132nd, James Place (138th Ave and 237th PI), Pond #1 (133rd and
240th St), Springwood Park (127th and 276th)
• Water
o Hydrant replacement — 24628 43rd Ave S
o Put out reader signs for road closure on 72nd
o Prepare for main replacements on Carter Place, Olympic Place and Crest Ave
o Replace 8-inch valve and tee at the intersection of 1st St. and Meeker
o Water main tie-in on 182nd and 72nd, Vactor 8" high pressure gas line on 182nd
o Guiberson Reservoir aeration nozzle replacement (pending arrival of remaining parts)
0 6MG#2 Reservoir inlet control valve upgrades (Garrison Creek Park)
• Storm
o Assessing city drainage system in the areas of 98th and 213th and recording status of
area
o Vactor cleaning storm system in area of 100th and 234th
o Vactor pumping of catch basins in the Panther Lake area
o Paving culvert replacement on 128th and 264th
o Manhole repair at 266th and Central
o Catch basin repair at 210th and 119th and at 216th and 125th
• Sewer
o Sewer cleaning in the area of North Park
o Sewer system checks in James St and Central Ave areas
o Lake Fenwick Aerator maintenance
o Creating walkway steps and a retaining wall at Union Pacific pumping station
o TV existing Sewer/Storm overlays in the area of North Park
• Warehouse
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o Acquire parts for Water Sections Water Main replacement project in Olympic Place
o Haul out spoils pile
o Research parts for critical parts list
o Order Hydrants for inventory
o Replace F-2 meters with C-2 meters
Fleet/Radio Shop
o Installing new heavy duty tablets/laptops into five patrol vehicles
o Troubleshoot PA system at the Shops
o Install weapons locker in police vehicle
o Preventative maintenance on misc. mowers and 20 police vehicles and 15 public
work vehicles
o Remove the hose reel of the Vactor
o Replace tongue jack on the flatbed trailer
o Repair hydraulic leak on the boom truck and a flatbed trailer
o Install a new radio in the pool van
o Repair front loader buck on the backhoe
o Fabricate cabinets for the new Graffiti trailer
o Re-deck one of Park's trailers
o Repair electrical issue on the scissor lift
Design
o Central Avenue Project design is complete and out to bid. Bid opening is scheduled
for June 9, 2015.
o WSDOT Right-of-Way certification for 108th/208th was held on Monday June 8.
0 90-percent design review plans for the Briscoe-Desimone Reach 4 project are out for
internal and King County Flood Control District review.
o Finalizing plans and specs for the Kent Regional Trails Connector project with a
proposed bid date in June.
o Started design work for the 1't Avenue - Smith to James Street project. Funding in
the amount of $272,000 for this project is included in the state budget. Awaiting
Governor's signature.
0 20-Percent design plans for the S. 224th Street Project Phase 1A have been issued
for internal review.
o Staff are continuing to monitor activities that are occurring at the state legislature
and responding to questions.
0 2015 Asphalt Overlay Project is out to bid with a bid opening date of June 9.
Construction for this project is anticipated to start in July.
o Evaluating applications for the GIS analyst position which closes on Friday June 12.
o Open house for the Lower/Lowest Russell Road Levee was held on Monday June 8.
Page 10 of 13
Land Survey
o Central Ave. South Improvements: Laying out the project centerline stationing to
facilitate coordination with project stakeholders.
o Mill Creek Rehabilitation Project: Locating delineations mapped and added to project
manager's map. Calculating access and utility easements.
o North Park Control and Topo: Right of Way staked and hard features in close
proximity have been mapped.
0 228th/224th phase One: Coordinating with Scanning Consultant for data delivery this
week.
o Upper Russell Road Levee — South Reach: Staking Right of Way as requested.
o Briscoe Levee Reach 4: Preparing construction layout calculations and setting project
control points.
0 640 Zone PRV: Providing staking for various sites for the installation of Pressure
Reducing Valves for the water utility. Providing data as requested for locations
needing more design input.
o East Valley Highway Monitoring: Providing data analysis and monitoring information
for the pavement settlement.
o GIS Asset Collection and Mapping: Locating water assets around scheduled capital
project work.
o Enterprise Data: Working with stakeholders in improving asset mapping and data
layers.
o Global Navigation Satellite System Control (GNNS): Horizontal and Vertical control
sessions using the City hosted GNSS base station on right-of-way monuments
located on major road corridors within the city. This is part of the on-going
maintenance of the Survey Control Database available on-line for external and
internal customers for determining city right-of-way boundaries.
o Right of Way: Providing professional review of right of way questions to other
departments including corporate boundaries. Calculating right of way and providing
legal descriptions for the projects.
o Professional Review: Various submittals to the Economic Development Department
are looked at to make sure they conform to Kent City Code and State RCW/WAC.
Construction
o Briscoe-Desimone Levee Improvements - Reach 1: The contractor is completing the
patch and sack work on the concrete cap beam and barrier in preparation for the
pigmented sealer application scheduled to begin on June 10. Sheet pile painting is
complete. Handrail installation on the concrete barrier is ongoing. The Contractor's
concrete flatwork crew is completing curb installation and will follow with parking lot
restoration and paving.
o Briscoe-Desimone Levee Improvements - Reach 2 and 3: The contractor is working
through punch list items.
o SR 516 to S 231't Way Levee Improvements — James St / Russell Rd
Realignment: The settlement period on the concrete wall is complete on June 12.
Grouting of the wall joints will proceed after this date followed by pigmented sealer
application. Outstanding work items are the energization of the street lights and
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parking lot lighting.
0 2015 Vehicle Detector Loops: The contractor has proceeded with the work and is
approximately 10% complete at this time.
0 640 Zone Pressure Reducing Valve Stations: The contractor is completing activities
at the Park Orchard location and proceeding to the Millennium location on SE 270th.
0 2015 Crack Sealing: The contractor proceeded with work on Monday, June 8 and
expects to complete the contract work in 5 days.
o Central Ave S. Pavement Preservation and Utility Improvements: Consultant
interviews took place on Friday, June 5 with three firms to manage the construction
of this project. A follow up interview is scheduled for Tuesday, June 9 with one
firm. The project is advertised and the bid opening is scheduled for June 9 with
construction expected to proceed in early July.
0 2015 Plastic Markings: The contract has been awarded to Specialized Pavement
Marking and is being routed for final execution.
0 2015 Paint Line Striping: The contract has been awarded to Apply-A-Line, Inc. and
is with the contractor for execution.
Development Projects:
o Performance Walk Thru for Marketplace at Lake Meridian is due on June 19.
o Performance Walk Thru for Stryker Business Center (Amazon) is in progress and is
due on June 15.
o Preparing for LEAN Session for Civil Construction Projects with ECD.
0 40+ Development projects active in addition to multiple (40+) Utility projects
throughout the City.
Miscellaneous Construction Engineering Activities:
• Assisting with East Valley Highway settlement (at Les Schwab / Tacoma
Screw) when called upon.
• Plan Review for Briscoe-Desimone Levee Improvements, Reach 4.
• Plan Review for North Park Drainage Improvements
• Manager and Supervisor training.
• Document scanning project in order to help alleviate our document storage
space problem.
• Participating in the Public Works Engineering P4 Action Team for the
development of clear, consistent and realistic processes for executing Public
Works Engineering Programs, Projects, Planning and Priorities.
Special Projects/Transportation
o The Senior Transportation Planner position will advertise on June 15.
o Notice to Proceed has been provided to Ameresco to begin work on the LED street
light conversion project.
o Staff is completing the Transportation Improvement Plan which will be presented to
the PW Committee on June 15.
o The June 6 Recycling Event was very successful. Over 1,400 customers took
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advantage of the event; a new record. Final numbers of materials collected are
being finalized.
Environmental
o PW Environmental Engineering staff, working with Operations, have updated
stormwater facility maintenance inspection checklists to more closely reflect state
and federal stormwater permit requirements.
o PW Environmental Engineering staff is in the process of making amendments to the
Sewer Code (KCC 7.04). These edits add clarity and update the code to current
standards.
o PW Environmental Engineering staff have drafted a letter to mobile businesses to
help them prevent the discharge of polluted water to the city's stormwater system.
The letter is focused on educating business owners about specific ways they can
prevent pollution generated by their daily activities.
o A bid opening was held for the Russell Road Upper Levee — South Reach project near
the Lakes Community. Eight bids were received and the apparent low bidder was
SCI construction for about $2.0 million. We anticipate construction of the project to
begin this summer.
o Designs for the North Park drainage improvements are underway. The project is
located in the North Park neighborhood between 2nd and 3rd Ave N and W Cole and W
Cloudy Street. The project will improve roadway drainage in that area. We are
expecting construction work to be completed this summer.
o Consultants' contracts are being prepared for specialized work on the Mill Creek
Rehabilitation project. The work includes mitigation for creek impacts as well as an
evaluation of drainage culverts to improve creek flows. The project will improve
stormwater conveyance in Mill Creek to reduce flood risk to adjacent properties and
roadways in the Kent Valley.
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EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(c)
ACTION AFTER EXECUTIVE SESSION
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