HomeMy WebLinkAboutCity Council Committees - Kent City Council - 04/28/2020
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, April 28, 2020
4:00 PM
THIS IS A REMOTE MEETING
THIS IS A REMOTE MEETING DUE TO THE COVID-19
CORONAVIRUS EMERGENCY
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 970 8673 1370
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
Councilmember Marli Larimer Mayor Dana Ralph
**************************************************************
Item Description Speaker
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
A. INFO ONLY: 2020 Legislative Session Recap Briahna Murray
B. Payment of Bills - Approve Paula Painter
C. Fee in Lieu for the 4th Quarter 2019 and 1st Quarter 2020
- Approve
Brian Levenhagen
D. 2015 Fee-in-Lieu Funds Re-allocation - Authorize Brian Levenhagen
E. Puget Sound Emergency Radio Network ILA and MOU -
Resolution - Adopt
Chief Padilla
Committee of the Whole Committee of the Whole -
Regular Meeting
April 28, 2020
F. INFO ONLY: 2020 Department of Justice Grant for the
Coronavirus Emergency Supplemental Funding Program
Chief Padilla
G. Interlocal Agreement with City of Tukwila for the South
200th Street Bridge Maintenance and Repair - Authorize
Joseph Araucto
H. INFO ONLY: King County Metro RapidRide I Update April Delchamps
King County Metro
I. INFO ONLY: King County Metro South Base Update April Delchamps
King County Metro
J. INFO ONLY: HB 1754 Concerning the Hosting of the
Homeless by Religious Organizations – Draft Ordinance –
Hearing Scheduled for May 5, 2020
Hayley Bonsteel
Pat Fitzpatrick
5. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
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 7-1-1.
OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
Kent, WA 98032
253-856-5710
DATE: April 28, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: 2020 Legislative Session Recap
SUMMARY: The City’s Lobbyist, Briahna Murray, from Gordon Thomas Honeywell
Governmental Affairs, will present a recap of the 2020 Washington State
Legislature’s session.
The report will include details on the impacts of the COVID-19 pandemic on state
revenues and the impacts of the Governor’s vetoes.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: April 28, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Approve
MOTION: Approve the Payment of Bills.
SUMMARY:
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: April 28, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Fee in Lieu for the 4th Quarter 2019 and 1st Quarter 2020 -
Approve
MOTION: Authorize the Mayor to accept $69,750.64 of fee-in-lieu funds,
amend the Community Parks Reinvestment Program budget, and authorize
the future expenditure of these funds for capital improvements at Kent
Memorial Park and Chestnut Ridge Park.
SUMMARY: Between October 1, 2019, and March 31, 2020, the City of Kent
received a total of $69,750.64 from the following developers, who voluntarily paid
fees in lieu of dedicating park land, to mitigate the development of homes in local
subdivisions. These funds will be held in a reserve account for capital improvements
at Kent Memorial Park and Chestnut Ridge Park and must be expended within five
years.
· IHB Architects: Construction of an apartment building above a two-story
open parking structure at 102 Madison Ave. North; $54,375.64 at Kent
Memorial Park.
· Datta Sheetal: Subdivision of a single parcel into 9 single-family residential
lots; $15,375.00 at Chestnut Ridge Park.
BUDGET IMPACT: Revenue and expense impact of $69,750.64 to the Community
Park Reinvestment Program budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
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1. Q4 2019,Q1 2020 Finance Report (PDF)
2. Q4 2019,Q1 2020 Location Maps (PDF)
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R55GA014 4/9/2020 15:40:04Search GL by Account Number
Page:13/31/202010/1/2019 -GL Dates:
Amount PO# Ref 2 PC R/V RecLT Description Vendor or CustomerSubledgerBatch # Doc #GL Date Acount Number
19243012/30/2019 P511446 P20006.56730 (54,375.64)20-11397 7758 Madison Plaza LlcJK AA
1937013/2/2020 P519667 P20006.56730 (15,375.00)20118936 25464 Datta Homes LlcJK AA
(69,750.64)Account Total
(69,750.64)Report Total
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King County Assessor's Office, King County GIS Center, King County, King county Assessor's Office,King County GIS Center
King County
Date: 4/10/2020
The information included on this map has been compiled by King County staff from a variety of sources and is subject to changewithout notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness,or rights to the use of such information. This document is not intended for use as a survey product. King County shall not be liablefor any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profitsresulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map isprohibited except by written permission of King County.±
$54,375.64
Parcel 295190-0060
(2019 4th Quarter FIL)
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King County
Date: 4/10/2020
The information included on this map has been compiled by King County staff from a variety of sources and is subject to changewithout notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness,or rights to the use of such information. This document is not intended for use as a survey product. King County shall not be liablefor any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profitsresulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map isprohibited except by written permission of King County.±
$15,375.00
Parcel 793200-0081
(2020 1st Quarter FIL)
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PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: April 28, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: 2015 Fee-in-Lieu Funds Re-allocation - Authorize
MOTION: Authorize the Mayor to reallocate $18,600 of fee-in-lieu funds
allocated to Springwood Park, amend the Community Parks Reinvestment
Program budget, and authorize the future expenditure of these funds for
capital improvements at Wilson Playfields.
SUMMARY: On January 28, 2016, the City Council accepted $18,600 in fee-in-lieu
funds from two developers, which was allocated for expenditure at Springwood
Park. Since accepting the funds, projects intended for Springwood Park have been
delayed and will not resume before the five-year fund expenditure deadline. The
City must return the funds if they are not used by the expenditure deadline.
Planning and design of park improvements are currently underway at Wilson
Playfields, where these funds can be used to benefit the City before the expenditure
deadline.
BUDGET IMPACT: Revenue and expense impact of $18,600.00 to the Community
Park Reinvestment Program budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 2015Q4 Allocated to Springwood Finance Report (PDF)
2. 2015Q4 Allocated to Springwood Location Maps (PDF)
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R55GA014 4/16/2020 14:29:09Search GL by Account Number
Page:112/31/201510/1/2015 -GL Dates:
Amount PO# Ref 2 PC R/V RecLT Description Vendor or CustomerSubledgerBatch # Doc #GL Date Acount Number
16505510/8/2015 P327343 P20006.56730 (3,900.00)15-63181 640580 Pgh Excavating IncJK AA
16587911/30/2015 P333016 P20006.56730 (14,700.00)15-63966 653810 Paras MalikJK AA
(18,600.00)Account Total
(18,600.00)Report Total
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King County Assessor's Office, King County GIS Center, King County, King county Assessor's Office,King County GIS Center
King County
Date: 4/17/2020
The information included on this map has been compiled by King County staff from a variety of sources and is subject to changewithout notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness,or rights to the use of such information. This document is not intended for use as a survey product. King County shall not be liablefor any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profitsresulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map isprohibited except by written permission of King County.±
$3,900.00
(2015 4th Quarter FIL)
Parcels 546800-0115 and 0116
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King County Assessor's Office, King County GIS Center, King County, King county Assessor's Office,King County GIS Center
King County
Date: 4/17/2020
The information included on this map has been compiled by King County staff from a variety of sources and is subject to changewithout notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness,or rights to the use of such information. This document is not intended for use as a survey product. King County shall not be liablefor any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profitsresulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map isprohibited except by written permission of King County.±
$14,700.00
(2015 4th Quarter FIL)
Parcel 282205-9104
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POLICE DEPARTMENT
Rafael Padilla, Police Chief
220 Fourth Avenue South
Kent, WA 98032
253-852-2121
DATE: April 28, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Puget Sound Emergency Radio Network ILA and MOU -
Resolution - Adopt
MOTION: Adopt Resolution No. 2011, authorizing the Mayor to sign the
Puget Sound Emergency Radio Network (PSERN) Operator Interlocal
Agreement creating the PSERN Operator, which will undertake the
ownership, operations, maintenance, management and on-going
upgrading/replacing of the PSERN System, and authorizing the Mayor to
sign a Memorandum of Understanding with the other Valley Com cities to
establish the process for selecting Valley Communication’s representative
on the PSERN Operator’s Board of Directors.
SUMMARY: The cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland,
Mercer Island, Redmond, Renton, Seattle, and Tukwila and King County (“Parties”)
determined that it is in the public interest that a new public safety radio system,
referred to as the Puget Sound Emergency Radio System (“PSERN”), be
implemented to provide public safety agencies and other user groups in the region
with improved coverage and capacity, as well as uniformly high-quality radio
communications.
The Parties entered into the Puget Sound Emergency Radio Implementation Period
Interlocal Cooperation Agreement (“Implementation Period ILA”) that designates
King County as the lead agency for planning, procurement, financing,
implementation and limited initial operation of PSERN. The Implementation Period
ILA also establishes a Joint Board comprised of representatives from its four partner
agencies (King County, City of Seattle, Eastside Public Safety Communications
Agency, and Valley Communications Center) to oversee the PSERN Project
implementation.
The Parties to the Implementation Period ILA have negotiated a separate
agreement, the Puget Sound Emergency Radio Network Operator Interlocal
Cooperation Agreement to create a new separate governmental agency to assume
the ownership and control of PSERN following full system acceptance.
In addition to creating the new agency to be called the PSERN Operator, the PSERN
Operator ILA establishes the terms for governance of the PSERN Operator and the
terms under which the PSERN Operator will undertake responsibility for the
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ownership, operations, maintenance, management and on-going
upgrading/replacing of the PSERN system. The PSERN Joint Board, created by the
Implementation Period ILA, approved the final version of PSERN Operator ILA by
unanimous vote.
The PSERN Operator ILA provides that the Valley Com member cities retain the
right to determine who will represent them on the PSERN Board of Directors. Under
the PSERN Operator ILA, Section 4.2.1.4, the Valley Com member cities’
representative will be the mayor or city manager of a member city. The purpose of
the MOU is to designate the manner in which the five Valley Com member cities will
select a representative.
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. PSERN Resolution (PDF)
2. About PSERN March 2020 (PDF)
3. PSERN Operator Interlocal Agreement Summary (PDF)
4. PSERN Operator Rates & Cost Allocation Brief (PDF)
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1 Puget Sound Emergency Radio
Network – Interlocal
Agreement
RESOLUTION NO. 2011
A RESOLUTION of the City Council of the
City of Kent, Washington, authorizing and directing
the Mayor to sign on behalf of the City the Puget
Sound Emergency Radio Network Operator
Interlocal Cooperation Agreement and related
Memorandum of Understanding.
RECITALS
A. King County currently has a countywide emergency public
safety radio network. The King County Emergency Radio Communication
System (“KCERCS”) supports over seventeen thousand radios and nearly
two hundred separate police, fire, emergency medical and other
governmental agencies
B. Portions of KCERCS are separately owned by the Eastside
Public Safety Communications Agency, Valley Communications Center, the
City of Seattle, and King County with a jointly owned switch controlling the
entire network.
C. KCERCS is over twenty years old and is increasingly
unsupported by the supplier of the system’s equipment, software, and
related parts.
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2 Puget Sound Emergency Radio
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Agreement
D. The cities of Auburn, Bellevue, Federal Way, Issaquah, Kent,
Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila and King
County (“Parties”) determined that it is in the public interest that a new
public safety radio system, referred to as the Puget Sound Emergency
Radio System (“PSERN”), be implemented to provide public safety agencies
and other user groups in the region with improved coverage and capacity,
as well as uniformly high-quality radio communications.
E. The Parties entered into the Puget Sound Emergency Radio
Implementation Period Interlocal Cooperation Agreement (“Implementation
Period ILA”) that designates King County as the lead agency for planning,
procurement, financing, implementation and limited initial operation of
PSERN. The Implementation Period ILA also establishes a Joint Board
comprised of representatives from its four partner agencies (King County,
City of Seattle, Eastside Public Safety Communications Agency, and Valley
Communications Center) to oversee the PSERN Project implementation.
F. The Parties each gave 800 MHz frequencies to the PSERN
Project that will become the new PSERN system and will eventually be
owned by the PSERN Operator, and
G. The Parties to the Implementation Period ILA have negotiated
a separate agreement, the Puget Sound Emergency Radio Network
Operator Interlocal Cooperation Agreement to create a new separate
governmental agency under RCW 39.34.030(3)(b) that is organized as a
non-profit corporation under Chapter 24.06 RCW to assume the ownership
and control of PSERN following full system acceptance.
H. In addition to creating the new agency to be called the PSERN
Operator, the PSERN Operator ILA establishes the terms for governance of
the PSERN Operator and the terms under which the PSERN Operator will
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3 Puget Sound Emergency Radio
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Agreement
undertake responsibility for the ownership, operations, maintenance,
management and on-going upgrading/replacing of the PSERN system
during its useful life.
I. The PSERN Joint Board, created by the Implementation Period
ILA, approved the PSERN Operator ILA by unanimous vote.
J. The PSERN Operator ILA provides that the Valley
Communications Center member cities retain the right to determine who
will represent them on the PSERN Board of Directors. Under the PSERN
Operator ILA, Section 4.2.1.4, the Valley Communications Center member
cities’ representative will be the mayor or city manager of a member city.
The purpose of the Memorandum of Understanding, Exhibit B, is to
designate the manner in which the five Valley Communications Center
member cities will select a representative.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – The City Council authorizes the Mayor to sign all
documents necessary to enact the Puget Sound Emergency Radio Network
Operator Interlocal Cooperation Agreement, in substantially the same form
as Attachment A to this resolution, with King County and the cities of
Auburn, Bellevue, Federal Way, Issaquah, Kirkland, Mercer Island,
Redmond, Renton, Seattle and Tukwila for the Puget Sound Emergency
Radio Network Operator, and to take all actions necessary to implement the
terms of the interlocal agreement. Further, the City Council authorizes the
Mayor to sign all documents necessary to implement the Memorandum of
Understanding, in substantially the same form as Attachment B to this
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4 Puget Sound Emergency Radio
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Agreement
resolution, with the Valley Communications Center member cities of
Auburn, Federal Way, Renton, and Tukwila, and to take all actions
necessary to implement the terms of the agreement.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 4. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
May 5, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
May 5, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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Page 1
EXHIBIT A
PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR
INTERLOCAL COOPERATION AGREEMENT
This Puget Sound Emergency Radio Network Operator Interlocal Cooperation
Agreement (“Agreement”) is entered into pursuant to chapter 39.34 RCW (the “Interlocal
Cooperation Act”) by and among King County and the cities of Auburn, Bellevue,
Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle, and
Tukwila, each a political subdivision or municipal corporation of the State of Washington
(individually, a "Party" and collectively, the "Parties").
RECITALS
A. The Parties, under various interlocal agreements, have been responsible for
the ownership, operation and maintenance of various elements in the current King
County Emergency Radio Communications System (KCERCS), a voice radio system
that is nearly twenty years old and is increasingly unsupported by the supplier of the
system’s equipment, software and related repairs.
B. The Parties determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, as well as uniformly high-
quality emergency radio communications. Said new system is referred to herein as the
“Puget Sound Emergency Radio Network System” or “PSERN System.”
C. The costs of implementing the PSERN System are financed through a
funding measure approved by voters at the April 2015 election.
D. The Parties executed a separate agreement (“Implementation Period ILA”)
that designates King County to act as the lead agency for planning, procurement,
financing and implementation of the PSERN System with the oversight of a Joint Board
established pursuant to the Implementation Period ILA.
E. The Implementation Period ILA contemplates that the Parties will create a new
separate governmental agency under RCW 39.34.030(3)(b) that is organized as a non-
profit corporation under Chapter 24.06 RCW as authorized by the Interlocal Cooperation
Act to assume the ownership and control of the PSERN System following Full System
Acceptance and be responsible for the ownership, operations, maintenance,
management and on-going upgrading/replacing of the PSERN System during its useful
life.
F. The purpose of this Agreement is to create the new governmental agency to
be known as the “PSERN Operator” and establish the terms for governance of the
PSERN Operator and the terms under which the PSERN Operator will undertake the
ownership, operations, maintenance, management and on-going upgrading/replacing of
the PSERN System. NOW, THEREFORE, in consideration of the mutual promises,
benefits and covenants contained herein and other valuable consideration, the
sufficiency of which is hereby acknowledged, the Parties agree to the above Recitals
and the following:
4.E.a
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1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall
also mean and include the plural (and vice versa), and the masculine gender
shall also mean and include the feminine and neutral genders (and vice versa).
1.1.2 References to statutes or regulations include all current and future
statutory or regulatory provisions consolidating, amending or replacing the
statute or regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices to this
Agreement and references to articles or sections followed by a number shall be
deemed to include all subarticles, subsections, subclauses, subparagraphs and
other divisions bearing the same number as a prefix.
1.1.4 The words “including,” “includes” and “include” shall be deemed to be
followed by the words “without limitation.”
1.1.5 The words “shall” or “will” shall be deemed to require mandatory action.
1.1.6 Words such as “herein,” “hereof” and “hereunder” are not limited to the
specific provision within which such words appear but shall refer to the entire
Agreement taken as a whole.
1.1.7 Words such as “person” or “party” shall be deemed to include individuals,
political subdivisions, governmental agencies, associations, firms, companies,
corporations, partnerships, and joint ventures.
1.1.8 References to “days” shall mean calendar days unless expressly stated to
be “Business Days.” If the due date for a task, payment, or any other requirement
falls on a Saturday, Sunday or holiday observed by King County, the due date
shall be deemed to be the next Business Day.
1.1.9 The headings and captions inserted into this Agreement are for
convenience of reference only and in no way define, limit, or otherwise describe
the scope or intent of this Agreement, or any provision hereof, or in any way
affect the interpretation of this Agreement.
1.1.10 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
4.E.a
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1.2 Definitions
Words and terms used in this Agreement and not otherwise defined herein (including in
the recitals which are hereby incorporated into this Agreement by this reference) shall
be given their ordinary and usual meanings or their well-known technical industry
meanings except that the following terms are defined for this Agreement as follows:
1.2.1 Board of Directors or Board means the board described in Section 4.0 of
this Agreement and shall be the governing body of the PSERN Operator.
1.2.2 Agreement means this Puget Sound Emergency Radio Network Operator
Interlocal Cooperation Agreement, as it may hereafter be amended or modified
from time to time, together with all exhibits and appendices hereto, as they may
hereafter be amended or modified.
1.2.3 Consolidated Service Area means those geographic areas of King County,
Pierce County and Snohomish County, Washington, previously served by the
emergency radio networks of King County, the City of Seattle, EPSCA and Valley
Com, and which areas are to be prospectively served by the PSERN System.
The Consolidated Service Area shall also include those other geographic areas
that are added to the area served by the PSERN System as expanded in
accordance with action of the Board of Directors.
1.2.4 Director means a person designated as a member of the Board of Directors
pursuant to Section 4.2 of this Agreement.
1.2.5 Dispatch Center means an organization that has entered into an agreement
with King County or the PSERN Operator for console service on the PSERN
System.
1.2.6 EPSCA means the Eastside Public Safety Communications Agency,
formed pursuant to chapters 39.34 and 24.06 RCW, created by the cities of
Bellevue, Issaquah, Kirkland, Mercer Island and Redmond, or its successor
agency.
1.2.7 Executive Director means the chief executive officer for the PSERN
Operator appointed by and serving at the pleasure of the Board of Directors.
1.2.8 Full System Acceptance or FSA means the determination issued to the
PSERN System Contractor upon the Contractor satisfactorily completing the final
system development phase milestone pursuant to King County Contract No.
5729347 (Contract for the Design, Development, Implementation, Testing and
On-Going Support, Maintenance and Upgrade of the Puget Sound Emergency
Radio System, executed on December 17, 2014).
1.2.9 KCERS means the King County Emergency Radio Communication System.
1.2.10 Operations Period means the period that commences with the first full
month after FSA and continuing through the life of the PSERN System.
4.E.a
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1.2.11 PSERN Transitional Employee means an individual: (1) who, at the time of
FSA, is employed by King County, the City of Seattle, EPSCA, or ValleyCom in a
management, administration, finance, operations, and/or maintenance position
for a subregion of KCERCS; (2) whose employment with King County, the City of
Seattle, EPSCA, or ValleyCom will be eliminated as a direct result of the PSERN
project; and (3) who will not be hired by the PSERN Operator in a comparable
capacity because the PSERN Operator has no or fewer comparable positions.
1.2.12 Puget Sound Emergency Radio Network Operator or PSERN Operator
means the governmental agency formed under this Agreement and RCW
39.34.030(3)(b) that is organized as a nonprofit corporation under chapter 24.06
RCW as authorized by the Interlocal Cooperation Act for the purpose of owning,
operating, maintaining, managing and ongoing upgrading/replacing of the
PSERN System during the Operations Period.
1.2.13 Puget Sound Emergency Radio Network System or PSERN System
means the land mobile radio system constructed under the Implementation
Period ILA. It also means all equipment, software, and other work deployed
during the Operations Period to provide public safety communication service(s)
or an addition to an existing infrastructure during the Operations Period to
provide new or additional public safety communication service(s).
1.2.14 System means an infrastructure that is deployed to provide public safety
communication service(s) or an addition to an existing infrastructure to provide
new or additional public safety communication service(s).
1.2.15 Service Rate means the rate or rates charged to User Agencies in
accordance with the Rate Model at Exhibit A, or as it may be amended by action
of the Board of Directors.
1.2.16 Services means voice, data, video, or other communication services
provided to User Agencies and Dispatch Centers through an agreement with
King County or the PSERN Operator.
1.2.17 User Agency means an entity that is authorized under an agreement with
King County or the PSERN Operator to register and use a radio or other device
on the PSERN System.
1.2.18 Valley Communications Center or Valley Com means the Governmental
Administrative Agency formed by interlocal agreement under Chapter 39.34
RCW, created by the cities of Auburn, Federal Way, Kent, Renton, and Tukwila.
2.0 DURATION OF AGREEMENT
This Agreement shall be effective on the date it is last signed by an authorized
representative of each the Parties and is filed and/or posted as provided in Section 15.2
("Effective Date"). This Agreement shall remain in effect until terminated as provided in
Section 12.0.
4.E.a
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3.0 PURPOSE OF THE AGREEMENT; FINANCING; SERVICES
The purpose of this Agreement is to provide communication Services throughout the
Operations Period to User Agencies and any other agencies permitted to be licensed in
the 800 MHz Public Safety Radio Spectrum pursuant to 47 C.F.R. Part 90 that are
within the boundaries of the Consolidated Service Area. To effectuate this purpose, the
Parties hereby create a governmental administrative agency called the “Puget Sound
Emergency Radio Network Operator”. The Parties each assign to the PSERN Operator
the responsibility of owning, operating, maintaining, managing and ongoing
upgrading/replacing of the PSERN System during the Operations Period as permitted
by the Interlocal Cooperation Act. The PSERN Operator shall be formed pursuant to
RCW 39.34.030(3)(b) and shall be organized as a nonprofit corporation under chapter
24.06 RCW.
The Parties hereto acknowledge and agree that each is executing this Agreement in
order to facilitiate the creation of the PSERN Operator as a separate governmental
administrative agency pursuant to the Interlocal Cooperation Act and not a “joint board”
within the meaning of RCW 39.34.030(4)(a). All debts, obligations and liabilities
incurred by the PSERN Operator shall be satisfied exclusively from the assets and
properties of the PSERN Operator and no creditor or other person shall have any right
of action against the Parties hereto, the User Agencies or any other public or private
entity or agency on account of any debts, obligations, or liabilities of the PSERN
Operator unless explicitly agreed to in writing by the Party hereto, the User Agency, or
such entity or agency.
The expenses of the PSERN Operator shall be financed through a funding measure
approved by voters at the April 2015 election and with user fees (Service Rates) to be
assessed against and paid by all User Agencies. It is the intent of the Parties that
Service Rates be computed as provided in Exhibit A and be set to cover all operating
expenses of the PSERN Operator, unless otherwise directed by the Board of Directors.
This Agreement shall not obligate the Parties to incur debt on behalf of the PSERN
Operator. Each Party’s financial obligations to PSERN shall be limited to payment of
Service Rates unless otherwise agreed upon in writing.
The PSERN Operator shall have the responsibility and authority for providing
communication Services as provided in this Agreement, including but not limited to
owning, operating, maintaining, managing and ongoing upgrading/replacing of the
PSERN System during the Operations Period and all related incidental radio
communications functions.
4.0 BOARD OF DIRECTORS
4.1 Creation of Board of Directors
The PSERN Operator shall be governed by a Board of Directors that is hereby created
pursuant to the Interlocal Cooperation Act and chapter 24.06 RCW that shall act in the
best interests of PSERN and in furtherance of the purpose of this Agreement. The
4.E.a
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Board’s composition, powers, responsibilities, quorum and meeting requirements shall
be included in the PSERN Operator’s articles of incorporation or bylaws.
4.2 Composition of the Board of Directors
4.2.1 The Board of Directors shall be composed of the four following voting
members:
4.2.1.1 the King County executive, or a designee of the executive
approved by the King County council;
4.2.1.2 the City of Seattle mayor, or his/her designee;
4.2.1.3 one mayor or city manager or his/her designee representing the
Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond (the
“EPSCA Cities”); and
4.2.1.4 one mayor or city manager or his/her designee representing the
Cities of Auburn, Federal Way, Kent, Renton and Tukwila (the “Valley
Com Cities”).
4.2.2 The Board of Directors shall also include two nonvoting members to
comment and participate in discussions but who are not entitled to vote on any
matter. One nonvoting member shall be appointed by the King County Police
Chiefs Association and one member selected jointly by the King County Fire
Commissioners Association and the King County Fire Chiefs Association.
4.2.3 An authorized representative of King County, the City of Seattle, the Valley
Com Cities and the EPSCA Cities shall provide written notice of its initial Board
of Directors member and alternate member to the Chair of the Joint Board
established under the Implementation Period ILA. Thereafter, notice of a change
to a Party’s Board of Directors member or alternate shall be effective upon
delivery of written notice to the Chair of the Board of Directors. The notice shall
include the name and contact information for the new member or alternate.
4.2.4 An authorized representative of King County, the City of Seattle, the Valley
Com Cities and the EPSCA Cities shall promptly replace any vacancy in its
Board of Directors member or alternate and may, at any time, replace its Board
of Directors member or alternate by giving notice as provided in Section 4.2.3. If
the County or the City of Seattle fails to fill a vacancy for its Board of Directors
member and alternate, its chief executive officer or his/her designee shall attend
all meetings until one of the vacancies is filled. If one of the groups of cities listed
in Sections 4.2.1.3 or 4.2.1.4 fails to fill a vacancy for its Board of Directors
member and alternate, then the chief executive officer or his/her designee of one
of the cities in that group shall attend all meetings until one of the vacancies is
filled.
4.2.5 The officers of the PSERN Operator shall consist of a Chair, Vice Chair, a
Secretary, a Treasurer and such other officers and assistant officers as may be
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deemed necessary and set forth in the bylaws. Any two or more offices may be
held by the same person, except the offices of Chair and Secretary. The officers
shall be elected from among the voting members of the Board. The Chair shall
preside at the meetings of the Board of Directors. The Vice Chair shall serve in
the absence of the Chair.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Board of Directors shall be all four of the
Board members who have voting authority. Action by the Board of Directors shall
require the affirmative vote of all four voting Board members, except as provided
otherwise in this Agreement.
4.3.2 Any Board of Directors member who has voting authority may request that
a vote on a measure be deferred until the next meeting. The measure shall then
be deferred for one meeting unless the other three voting members find either
that there is an emergency requiring that the vote be taken at the originally
scheduled meeting or that a delay would likely result in harm to the public, User
Agencies or the PSERN Operator. A vote on the same measure shall not be
deferred a second time without the concurrence of the majority of the Board of
Directors’ voting members.
4.3.3 The Board of Directors shall establish bylaws and procedures for its
operations and meetings including setting a regular meeting schedule and
location, providing for the scheduling of special and emergency meetings, and
providing for attendance by telephone or other electronic voice communication.
4.3.4 The regular meeting schedule shall be established by the Board of
Directors, with a minimum of two meetings being held each calendar year.
Special or emergency meetings may be called by the Chair or by at least two
voting members of the Board.
4.3.5 The first meeting of the Board of Directors will be held as soon as
practicable and necessary to begin operations of the PSERN Operator. The
members described in Section 4.2.3 shall attend the meeting and shall elect a
Chair and Vice Chair to serve a term that will begin upon election and extend
through the remainder of that calendar year and the calendar year immediately
following. Thereafter, the Board of Directors shall elect a Chair and Vice Chair at
the final meeting of each year to allow each to serve a two-year term that will
begin on January 1 of the following year.
4.3.6 The Board of Directors shall hold an annual meeting to coincide with the
first regular meeting each year. During the annual meeting, the Executive
Director shall report on the state of the PSERN Operator.
4.3.7 The Board of Directors shall take actions by vote and each voting Board
member shall be entitled to one vote. All votes shall have equal weight in the
decision-making process. Any voting Board member may call for a vote on an
issue. Meetings shall be conducted according to the most recent edition of
4.E.a
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Robert’s Revised Rules of Order unless otherwise directed by the Board of
Directors.
4.3.8 Board members must be present at a meeting to vote and may not vote by
proxy, provided that, if provided for in the bylaws, a member may participate in
Board meetings and may vote on Board issues via telephone or other electronic
voice communication.
4.3.9 The Board of Directors shall comply with applicable requirements of the
Washington State Open Public Meetings Act, Chapter 42.30 RCW.
4.3.10 An alternate attending Board of Directors meetings on behalf of a regular
member of the Board shall be considered to be a member for purposes of that
meeting and entitled to exercise all rights of the member to participate in such
meetings, including participating in discussion, making motions, and voting on
matters coming before the Board.
4.3.11 Notwithstanding any other provision in this Agreement, the Board of
Directors may take action by three affirmative votes when each of the following
conditions is met: (1) a matter has been identified for action in the notice or
proposed agenda for at least two meetings in a row, and (2) both meetings were
regularly scheduled meetings or properly notified and scheduled special
meetings in accordance with the bylaws and RCW 42.30, and (3) the same
voting member failed to attend both meetings and failed to send an alternate. In
this event, for this one action item only, a quorum of the Board of Directors will
consist of three members.
4.4 Board of Directors Actions
The PSERN Operator, through its Board of Directors, shall have all powers allowed by
law for interlocal agencies created under RCW 39.34.030 and chapter 24.06 RCW, as
they now exist or may hereafter be amended, and as authorized, amended, or removed
by the Board of Directors, as provided for in this Agreement, and including but not
limited to the following:
a. Amend this Agreement, subject to Section 15.13;
b. Establish committees and advisory groups to perform activities related to the
PSERN System;
c. Adopt and amend budgets and approve expenditures;
d. Adopt and amend policies and bylaws for the administration and regulation of
the PSERN Operator;
e. Adopt and amend purchasing and contracting policies consistent with state
law;
f. Direct and supervise the activities of the Operating Board;
4.E.a
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g. Direct the activities of the Executive Director;
h. If the Board determines that the Executive Director will be directly hired as an
employee of the PSERN Operator, then the Board shall hire, set the
compensation for, and be authorized to terminate the employment of the
Executive Director.
i. If the Board determines that the Executive Director will be a contracted
employee from another governmental agency, the Board will contract for an
“at will” employee approved by the Board and who may be terminated from
the position by a unanimous vote by the Board.
j. Evaluate the Executive Director's performance and give the Executive
Director a written evaluation of his or her performance at least annually;
k. Establish a fund or special fund or funds as authorized by RCW 39.34.030;
l. Establish Service Rates in accordance with Exhibit A or any amendments
thereto;
m. Review and amend terms of use for User Agencies, as necessary;
n. Conduct regular and special meetings;
o. Approve PSERN operation and maintenance standards;
p. Determine the Services the PSERN Operator shall offer and the terms under
which they will be offered;
q. Approve agreements with third parties;
r. Incur financial obligations in the name of the PSERN Operator to make
purchases or contracts for Services to implement the purposes of this
Agreement; provided, however, nothing in this Agreement shall authorize the
PSERN Operator to issue bonds or incur indebtedness in the name of any
Party hereto or that shall be considered a debt or a guarantee of any Party
hereto without its express written consent;
s. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold,
improve, use and otherwise deal in and with real or personal property, or any
interest therein, in the name of the PSERN Operator;
t. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise
dispose of all of its real or personal property, or any interest therein, and
assets;
4.E.a
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u. Sue and be sued, complain and defend, in all courts of competent jurisdiction;
v. Hold licenses for radio frequencies;
w. Recommend action to the legislative bodies of the Parties and User Agencies;
w. Delegate the Board of Directors' authority under this Agreement subject to
any applicable law and to such limitations and conditions as the Board of
Directors may establish;
x. Enter into agreements with other agencies to accomplish tasks for the
PSERN Operator such as agreements for services such as procurement and
property leasing;
y. Contract for staff through agreements with other agencies that specify the
employment policies, compensations amounts, and supervisory structure that
will apply to such staff;
z. Exercise any powers necessary to further the goals and purposes of this
Agreement that are consistent with the powers of the Parties;
aa. Add parties to this Agreement and concurrently amend the membership of the
Board of Directors, subject to the limitations of Section 15.13;
bb. Take necessary actions to prepare and plan for a public safety radio
system(s) to succeed the PSERN System;
cc. To the extent permitted by law, accept loans or grants of funds from any
federal, state, local or private agencies and receive and distribute funds; and
dd. The PSERN Operator shall have no power to levy taxes.
4.5 Impasse Resolution Procedure
4.5.1 If a matter requiring Board action is moved at a Board of Directors meeting
but fails for lack of a unanimous vote by all four (4) Directors, a voting Director
may submit written notice of an impasse to the other Directors and the Executive
Director. The notice shall include a statement of the action being sought and the
history of any Board deliberation or vote(s) on the matter.
4.5.2 Within seven (7) days of receipt of a notice of impasse, the Board Chair
shall designate a mediator to assist the Board in resolving the impasse. The
mediator shall be experienced in resolving disputes among public sector and/or
nonprofit agencies and may not be an employee or consultant of any of the
Parties, unless otherwise agreed to by the Parties.
4.5.3 The Parties agree that it is essential to the success of the PSERN System
that any impasse be resolved as quickly as possible and accordingly agree to
instruct their respective Directors to cooperate with the mediator in good faith,
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including expediting responses to any mediator requests for information and
discussion.
4.5.4 The mediator shall promptly investigate the impasse and the respective
positions of the voting Directors. The mediator may recommend one or more
non-binding alternatives for resolving the impasse. Regardless of the outcome of
the mediation, the cost of the mediator’s fees and expenses shall be divided into
four equal parts to be paid by (1) the County, (2) the City, (3) the EPSCA Cities
and the (4) Valley Com Cities. The EPSCA Cities and Valley Com Cities shall
each be responsible for apportioning their one quarter share of the costs among
their members and for informing the PSERN Operator of the apportionment. The
PSERN Operator shall pay the mediator and invoice each Party for its share.
Each Party shall pay the PSERN Operator within thirty (30) days of the Party’s
receipt of the invoice.
4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing
his/her recommendation(s), the Elected Executives Committee (EEC) shall meet
with the Board of Directors to attempt to resolve the impasse. The EEC shall be
composed of the King County Executive; the Mayor of the City of Seattle; one
elected official designated by the EPSCA Cities; and one elected office
designated by the Valley Com Cities. The Board of Directors and the EEC shall
convene to consider the matter and attempt to reach a resolution, which may
include re-submitting the matter for a Board of Directors vote, not later than
twenty (20) days after the date the mediator provided his/her recommendation(s).
5.0 OPERATING BOARD
The Board of Directors will create an Operating Board of PSERN System User
Agencies, which will include at least one fire commissioner as a member, to provide
advice and perform other duties as deemed appropriate by the Board of Directors. The
obligation to create and maintain an Operating Board shall be included in the PSERN
Operator’s articles of incorporation or bylaws.
6.0 EXECUTIVE DIRECTOR
If the Executive Director is directly hired as an employee of the PSERN Operator, the
Board shall be responsible for the appointment and termination of the Executive
Director. If the Board enters into an agreement with another governmental agency to
contract for an Executive Director, the agreement shall give the Board the authority to
appoint the Executive Director and to terminate the Executive Director from his/her
position.
The Executive Director shall report to the Board of Directors and shallregularly advise
the Board on matters related to the operation and functions of the PSERN System and
the PSERN Operator, including proposed budgets, financial and liability issues, and all
other appropriate matters related to the PSERN System and the PSERN Operator. The
Executive Director may also request assistance from the Operating Board to address
tasks calling for technical and user-related expertise.
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6.1 Executive Director Duties
The Executive Director shall:
a. Manage the PSERN Operator’s day-to-day activities consistent with
applicable policies, procedures, and standards;
b. Retain appropriate PSERN Operator staff either through the direct hire of
such staff or through an agreement with an agency to provide such staff;
c. Hire, evaluate, supervise, discipline, and terminate staff in compliance with
applicable budget, policies, procedures, agreements and standards;
d. Propose and administer Annual Budgets including a contingency;
e. Consistent with applicable budget and procurement policies adopted by the
Board, approve expenditures and sign contracts in amounts as established by
the Board of Directors without additional approval of the Board of Directors;
f. Track the performance of PSERN systems and Services;
g. Provide support to the Board of Directors;
h. Recommend policies, procedures, and standards, and changes thereto,
including without limitation policies governing the procurement of goods,
services, public works and improvements, staffing and emergency responses;
i. Provide written monthly reports to the Board of Directors describing the
PSERN Operator’s budget status, PSERN System performance against
targets, partial or full PSERN System outages, purchases equal to or greater
than $10,000, and usage statistics;
j. Maintain and manage records in accordance with applicable state and federal
laws and regulations;
k. Prepare an annual report for the PSERN Operator as required by RCW
23.95.255; and
l. Perform other duties as assigned by the Board of Directors.
6.2 Qualifications and Status of the Executive Director
The Executive Director shall have experience or comparable equivalent skills in the
technical, financial and administrative fields of public safety radio and his or her
appointment shall be on the basis of merit only. If the Executive Director is directly
hired by the PSERN Operator, he/she will serve in an “at will” position that may not be
modified by any PSERN Agency policy, rule, or regulation regarding discipline or
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termination of PSERN Agency employees, and accordingly, the Executive Director may
only be terminated from his or her position by the Board of Directors.
7.0 EMERGENCY PROCEDURES
In the case of an emergency, the Executive Director shall have the authority to issue a
determination of emergency under applicable law. The Executive Director shall
communicate to the Board of Directors each decision made pursuant to any emergency
determination as soon as reasonably possible and shall issue a written finding of the
existence of the emergency no later than two weeks following the award of any contract
executed pursuant to the emergency determination.
8.0 PSERN OPERATOR EMPLOYMENT
8.1 Employees Generally
The Board of Directors shall require the PSERN Operator to comply with all applicable
federal, state and local laws, ordinances and regulations pertaining to all current and
future employees. In addition, the PSERN Operator shall be an equal opportunity
employer and make reasonable efforts to maintain a diverse work force.
8.2. Employment of Current Regular Employees
8.2.1 Offer of Employment
8.2.1.1 As of the Effective Date of this Agreement, there are 3.0 FTE City
of Seattle employees and 8.0 FTE King County employees who are
employed to primarily work on KCERCS infrastructure and whose job
duties will be assumed by the PSERN Operator after FSA (“Qualified
Employees”). It is the intention of the Parties that each of those Qualified
Employees have the option of working for the PSERN Operator and that
the PSERN Operator and the County and City of Seattle will work
cooperatively to transition the employees who accept such option to work
for the PSERN Operator on a schedule that does not adversely impact
public safety functions prior to FSA.
8.2.1.2 Directly Hired Employees
If the Board of Directors determines that PSERN Operator staff shall be
directly hired by the PSERN Operator and to implement the intent of
Section 8.2.1., then no later than the date to be set by the Board of
Directors, the PSERN Operator will offer employment to each of the
Qualified Employees for similar employment with the PSERN Operator.
The offer shall remain open for no more than thirty (30) days unless
otherwise determined by the Board of Directors. Each Qualified Employee
who accepts the offer shall become a “Transferring Employee.” The
PSERN Executive Director shall use best efforts to ensure each
Transferring Employee a smooth and prompt transition to employment with
the PSERN Operator.
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The Board of Directors shall require the PSERN Operator to use its best
efforts to offer the Transferring Employees opportunities for professional
advancement and a package of employee benefits that are similar to the
opportunities and benefits available to the Transferring Employees at their
current agency at the time of transition to PSERN employment.
8.2.1.3 Agency-Provided Employees
If the Board of Directors determines that PSERN Operator staff will be
contracted for through an agreement with another governmental agency,
then no later than the date set by the Board of Directors, the agency
providing such staff will offer employment to each of the Qualified
Employees for similar employment with the agency for PSERN Operator
work. The offer shall remain open for no more than thirty (30) days unless
otherwise determined by the agency providing the PSERN Operator staff.
Each Qualified Employee who accepts the offer shall become an “Agency
Employee.” The agency providing PSERN Operator staff shall use best
efforts to ensure each Agency Employee a smooth and prompt transition to
employment with the agency and work for the PSERN Operator.
8.2.2 Retirement Benefits
If the Board of Directors determines that PSERN Operator staff shall be directly
hired, then the PSERN Operator will participate in the Public Employees’
Retirement System (PERS) and will offer PERS retirement benefits through the
Washington State Department of Retirement Systems to Transferring Employees
and Transitional Employees.
8.3 Temporary Employment of PSERN Transitional Employees
8.3.1 Any PSERN Transitional Employee who requests temporary employment
with the PSERN Operator shall be employed as a temporary employee by the
PSERN Operator or if the PSERN Operator does not directly hire its employees,
then by the agency providing staff for the PSERN Operator.. The period of
temporary employment shall not exceed eighteen (18) months from the time of
transition to such employment or a shorter duration if requested by the PSERN
Transitional Employee. The time of transition shall be within 60 days after FSA
unless another date is agreed to by the PSERN Operator and the PSERN
Transitional Employee.
8.3.2 While employed as temporary employees performing work for the PSERN
Operator, PSERN Transitional Employees shall be entitled to a salary and
package of benefits similar to what the Transitional Employee received prior to
his or her transition to PSERN Operator work. The full cost of compensation,
including salary and benefits, provided to PSERN Transitional Employees shall
be paid by the PSERN Operator, either directly or pursuant to an agreement with
another agency for the provision of staff.
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8.3.3 While employed as temporary employees performing work for the PSERN
Operator, PSERN Transitional Employees must meet all employment
requirements applicable to permanent PSERN Operator employees or
employees of the applicable employing agency. Nothing in this Agreement shall
preclude the PSERN Operator’s or applicable employing agency’s ability to take
employment action, up to and including termination of employment, regarding a
PSERN Transitional Employee who fails to meet any requirement of his/her
employment.
8.3.4 Nothing in this section shall preclude the PSERN Operator or an
applicable employing agency from hiring a PSERN Transitional Employee
serving as a temporary employee to a permanent position.
8.4 No Third-Party Beneficiaries.
Employees affected by this Agreement are not intended to be third-party beneficiaries to
this Agreement and cannot sue to enforce its terms.
9.0 Service Level Requirements
9.1 Contractor Services
The PSERN Operator shall ensure the following services are provided by the Contractor
throughout the expected service life of the PSERN System:
(i) technical support;
(ii) infrastructure repair;
(iii) System updates; and
(iv) System upgrades.
9.2 Minimum Performance
The PSERN Operator shall ensure the following minimum performance requirements for
the PSERN System:
(i) DAQ 3.4;
(ii) 97% reliability;
(iii) 97% portable on-street coverage in the Primary Bounded Area;
(iv) 95% portable on-street coverage in the Highway Buffer Covered Areas;
(v) grade of service of 1.0;
(vi) 99.999% availability of backhaul;
(vii) at least 17db added signal above the baseline PSERN design within the
three (3) polygon coverage areas shown in Exhibit B; and
(viii) provide 97% portable on-street coverage with 97% SAR (service area
reliability) in the three (3) polygon coverage areas shown in Exhibit B.
10.0 RESERVED
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11.0 WITHDRAWAL AND REMOVAL
11.1 Withdrawal of a Party
11.1.1 A Party may withdraw from this Agreement effective on the last day of a
calendar year by giving written notice to the Board at least two years prior to the
proposed effective date for withdrawal.
11.1.2 Any Party that has given notice of its intent to withdraw must meet with the
Executive Director or his or her designee to develop a departure plan that is
intended to ensure an orderly separation of the Party from the PSERN Operator in
a manner that is consistent with this Agreement. The departure plan may include
the transfer of funds and equipment or other assets and such plan must be
approved by unanimous vote of the Board of Directors.
11.1.3 Costs of Withdrawal
11.1.3.1 A Party that withdraws shall remain responsible for any obligations
that arose prior to the effective date of the withdrawal and for any that are
specified under Section 15.17 as surviving a withdrawal.
11.1.3.2 As a condition of withdrawal, the withdrawing Party must pay any
direct costs resulting from the withdrawal. The Board of Directors may also
set a different withdrawal date as it deems appropriate; however, the
withdrawal date shall not be later than one year after the withdrawing
Party’s proposed withdrawal date.
11.1.3.3 Any costs or other amounts owed by a withdrawing Party under
this Agreement or any other agreement between the withdrawing Party and
the PSERN Operator shall be paid prior to the effective date of the
withdrawal or, if such amounts are not then known or established, then
within thirty (30) days after the amount is known or established. However,
the withdrawing Party shall not be responsible for amounts not known or
established within one hundred (100) days of the date of withdrawal.
11.1.4 A member of the Board of Directors representing a Party that has given
notice of withdrawal which is effective at a future date, shall be authorized to cast
votes with the Board of Directors only on budgets and other items to be
implemented prior to the withdrawal date unless permission to vote on a matter is
granted by all remaining Board members.
11.1.5 A Party that has given its notice of withdrawal may revoke its notice of
withdrawal by delivering a written notice of such revocation to the Board of
Directors. The Board, in its sole discretion, may by unanimous vote of the
remaining members of the Board, determine to accept or deny the revocation
and under what conditions any acceptance shall be permitted.
11.1.6 If a Party withdraws from this Agreement, the withdrawing Party will forfeit
any and all rights it may have to PSERN System real, personal, or intellectual
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property and any rights to participate in the PSERN Operator, unless otherwise
provided by the Board of Directors.
11.2 Removal of a Board Member.
The Board of Directors may, by majority vote and for cause, remove a Board member
from the Board of Directors and terminate the Board member’s right to participate in
governance of the PSERN Operator. Immediately after the vote removing a Board
member, the Party’s alternate shall become its Board of Directors member. If the Party
has not designated an alternate, the vacancy provisions in Section 4.2.4 shall apply.
Cause for removal may include failure to act in good faith in participating in the Board of
Directors and willful, arbitrary failure to perform the Board member’s obligations as set
forth in this Agreement.
12.0 DISSOLUTION AND TERMINATION
12.1 Three (3) or more Directors may, at any one time, call for a vote on the complete
dissolution of the PSERN Operator and termination of this Agreement. Upon both: (a)
the affirmative vote of a majority of the full Board for dissolution and termination; and (b)
the affirmative vote of a majority of the Parties’ legislative bodies for dissolution and
termination, the Board shall establish a task force to determine how the PSERN System
assets and liabilities will be divided upon such dissolution and termination. For purposes
of this section, each Party shall determine what constitutes an affirmative vote of its
legislative body.
12.2 Approval of the plan for disposition of the PSERN System assets and liabilities
(the “Disposition Plan”) shall require a unanimous affirmative vote of the full Board. If
the Board fails to approve the Disposition Plan within one (1) year of the last legislative
body vote under Section 12.1.b, the Parties shall proceed with the impasse resolution
procedures in Section 4.5.
12.3 Following the approval of the Disposition Plan, the PSERN Operator shall wind up
business in accordance with the Disposition Plan and any other terms set by the Board.
The Board shall set the date for termination of this Agreement by affirmative majority
vote of the full Board.
13.0 LEGAL RELATIONS
13.1 Employees and No Third Party Beneficiaries
13.1.1 Nothing in this Agreement shall make any employee of one Party an
employee of another Party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to
Title 51 RCW, or any other rights or privileges accorded by virtue of their
employment. No Party assumes any responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of any other Party's
employees. No employees or agents of one Party shall be deemed, or represent
themselves to be, employees of another Party.
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13.1.2 It is understood and agreed that this Agreement is solely for the benefit of
the Parties and gives no right to any other person or entity.
13.2 Indemnification.
Each Party to this Agreement shall protect, defend, indemnify, and save harmless the
other Parties and their respective officials and employees, from any and all claims,
arising out of, or in any way resulting from, the indemnifying Party's willful or negligent
acts or omissions arising out of this Agreement. No Party will be required to indemnify,
defend, or save harmless any other Party if the claim, suit, or action for injuries, death,
or damages is caused by the sole negligence of that other Party. Where such claims,
suits, or actions result from concurrent negligence of two or more Parties, these
indemnity provisions shall be valid and enforceable only to the extent of each Party's
own negligence. Each of the Parties agrees that its obligations under this Section
extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of
its employees or agents. For this purpose, each of the Parties, by mutual negotiation,
hereby waives, with respect to each of the other Parties only, any immunity that would
otherwise be available against such claims under the Industrial Insurance provisions of
Title 51 RCW. Any loss or liability resulting from the negligent acts, errors, or
omissions of the Board of Directors, Operating Board, Executive Director and/or staff,
while acting within the scope of their authority under this Agreement, shall be borne by
the PSERN Operator exclusively.
13.3 Insurance
The Board of Directors, Executive Director, and PSERN Operator shall take such steps
as are reasonably practicable to minimize the liability of the Parties, including but not
limited to the utilization of sound business practices. The Board of Directors shall
determine which, if any, insurance policies or self-insurance programs for governmental
entities authorized in the State of Washington may be reasonably and practicably
acquired to cover liability exposures and other potential losses arising from the
operations of the PSERN Operator and the activities of the Parties pursuant to this
Agreement (which may include Directors and Officers, Commercial General Liability,
Auto, Workers’ Compensation, Stop Gap/Employer’s Liability, errors and omissions,
crime/ fidelity insurance, CyberRisk, property damage or loss), and shall direct the
acquisition of same.
14.0 PUBLIC RECORDS
14.1 The Executive Director shall keep records related to the PSERN System and
PSERN Operator as required by law and in accordance with the policies, procedures
and retention schedules as may be established by the Board of Directors.
14.2 Each Party shall keep records related to the PSERN System and PSERN
Operator as required by law and in accordance with such the policies, procedures and
retention schedules as may be established by the Party, and each Party shall be
responsible for responding to public disclosure requests addressed to it in accordance
with the Washington Public Records Act, Chapter 42.56 RCW, and such procedures as
may be established by the Party.
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14.3 The Executive Director shall be responsible for responding to public disclosure
requests addressed to the PSERN Operator in accordance with the Washington Public
Records Act, Chapter 42.56 RCW, and such procedures as may be established by the
Board of Directors.
15.0 GENERAL
15.1 RESERVED
15.2 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed
with the King County Recorder's Office or, alternatively, listed by subject on a Party's
web site or other electronically retrievable public source.
15.3 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
15.4 Compliance with Laws
During the term of this Agreement, the Parties hereto agree to comply with all federal,
state, and local laws as necessary to carry out the terms of this Agreement. Further, to
the extent that any emergency communication Services involve the retention, security,
confidentiality or other handling of certain “protected” health information under the
federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its
implementing regulations thereunder by the U.S. Department of Health and Human
Services and other applicable laws including chapter 70.02 RCW, the Washington
Uniform Health Care Information Act, as amended, the Parties agree to comply with
such laws and execute documents as necessary to implement the requirements under
such laws.
15.5 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other
Parties or any one of them shall have the right to bring an action for specific
performance, damages and any other remedies available under this Agreement, at law
or in equity.
15.6 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver, excuse, or consent shall be in writing and signed by the Party or
Parties claimed to have waived or consented. If the waiving or consenting Party is the
PSERN Operator, then the writing must be signed by all of the voting members of the
Board of Directors. Waiver of any default of this Agreement shall not be deemed a
waiver of any subsequent default. Waiver of breach of any provision of this Agreement
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shall not be deemed to be a waiver of any other or subsequent breach. Waiver of such
default and waiver of such breach shall not be construed to be a modification of the
terms of this Agreement unless stated to be such through written approval of all Parties.
15.7 Parties Not Relieved of Statutory Obligation
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that, to the extent of actual
and timely performance thereof by the Board of Directors, the performance may be
offered in satisfaction of the obligation or responsibility.
15.8 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
15.9 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Board of Directors.
15.10 Merger, Consolidation or Sale of All or Substantially All Assets
Approval of the merger or consolidation of the PSERN Operator with another entity, or
the sale of all or substantially all assets of the PSERN Operator, shall require a
unanimous vote of the Board of Directors.
15.11 Dispute Resolution
If one or more Parties believe another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
mediation under Section 4.5. In any event, if the matter is not resolved, then any Party
shall be entitled to pursue any legal remedy available.
15.12 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the
Parties declare and represent that no promise, inducement, or other agreement not
expressly contained in this Agreement has been made conferring any benefit upon
them.
15.13 Amendments
15.13.1 Except as provided in this Section, the Agreement may be amended by
the Board of Directors from time to time in order to carry out the corporate
4.E.a
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purposes of the PSERN Operator. Any such modification shall be in writing and
executed by the Chair of the Board of Directors after providing not less than thirty
(30) days’ advance written notice to all Parties of such proposed modification, and
upon unanimous approval of the Board of Directors. However, the following terms
of this Agreement may only be amended in writing after approval of each of the
legislative bodies of Seattle, King County, EPSCA, and Valley Com; however, for
purposes of this legislative determination, EPSCA and Valley Com will each be
responsible to determine what constitutes legislative approval or disapproval from
their member cities, before tendering their single vote on amendment:
a. Expansion of the PSERN Operator’s scope of services or Party funding
obligations described in Section 3.0.
b. The composition of the Board of Directors.
c. Addition of new Parties.
d. Voting rights of members of the Board of Directors.
e. Powers of the Board of Directors.
f. Hold harmless and indemnification requirements.
g. Provisions regarding duration, dissolution, termination or withdrawal.
h. The conditions of this Section.
15.13.2 Nothing in this Section 15.13 shall be construed to require legislative
authority consent for the agreement to serve an additional User Agency.
15.14 Notices
15.14.1 Any notice under this Agreement shall be in writing and shall be
addressed to the Parties as listed below. Any notice may be given by certified
mail, courier delivery, or personal delivery. Notice is deemed given when
delivered. Email, acknowledgement requested, may be used for notice that does
not allege a breach or dispute under this Agreement. Email notice is deemed
given when the recipient acknowledges receipt.
15.14.2 The names and contact information set forth in this Agreement shall apply
until amended in writing by a Party providing new contact information to each
other Party and the date the amendment is effective.
15.15 Conflicts
15.15.1 In the event that any conflict exists between this Agreement and any
exhibits hereto, the Agreement shall control.
15.15.2 In the event of a conflict between any provision of this Agreement and a
provision of the Implementation Period ILA, the Implementation Period ILA shall
control unless otherwise determined by the Board of Directors pursuant to vote
under Section 4.3.1.
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15.16 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this
Agreement shall be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State of Washington. The Parties agree that the
Superior Court of King County, Washington shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
15.17 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
15.18 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal or removal from this Agreement.
Section 13 Legal Relations
Section 14 Public Records
Section 15.16 Choice of Law; Venue
15.19 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
15.20 Execution
This Agreement shall be executed on behalf of each Party by its duly authorized
representative, pursuant to an appropriate motion, resolution, or ordinance of such
Party.
4.E.a
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IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names and indicated the date of signing in the spaces provided below.
KING COUNTY CITY OF AUBURN
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest:
________________________________ ________________________________
City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
Deputy Prosecuting Attorney City Attorney
CITY OF BELLEVUE CITY OF FEDERAL WAY
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
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CITY OF ISSAQUAH CITY OF KENT
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
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CITY OF REDMOND CITY OF RENTON
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF SEATTLE CITY OF TUKWILA
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest:
________________________________
City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
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Exhibit A
Cost Allocation Model
For the first year of PSERN System operation, rates to be paid by each User Agency and
Dispatch Center will be computed as provided in this Exhibit A. The PSERN System annual
operating budget and the number of public safety radios, other radios, and consoles will be
known quantities at the time the rates are computed.
Division of Budget Between Radios and Consoles
Percentage of annual budget to be paid with radio user fees = X.
Percentage of annual budget to be paid with console user fees = Y.
X = [83% of employee-related costs in the PSERN System annual operating budget +
annual vendor costs for radio-related equipment] / PSERN System annual operating budget
x 100.
Y = [17% of employee-related costs in the PSERN System annual operating budget +
annual vendor costs for console-related equipment] / PSERN System annual operating
budget x 100.
Public Safety and Other Radio Rates
X% of the PSERN System annual operating budget will be paid with public safety radio rates
and other radio rates combined.
The other radio rate shall be 78% of the public safety radio rate.
X% of PSERN System annual operating budget = [12 x the monthly public safety radio rate
x the number of public safety radios] + [12 x the monthly other radio rate x the number of
other radios].
Console Rates
Y% of the PSERN System annual operating budget will be paid with console rates.
Y% of PSERN System annual operating budget = 12 x the monthly console rate x the
number of consoles.
END OF EXHIBIT A.
4.E.a
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Exhibit B
Polygon Coverage Areas with Added Signal
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EXHIBIT B
1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into among the cities of
Auburn, Federal Way, Kent, Renton, and Tukwila, the five member cities that formed
Valley Communications Center, a Governmental Administrative Agency created by
interlocal agreement under Chapter 39.34 RCW (Valley Com).
RECITALS
A. Valley Com is responsible for the ownership, operation and maintenance of
various elements in the current King County Emergency Radio Communications System
(KCERCS), a voice radio system that has been in existence since 1993 and is
increasingly unsupported by the supplier of the system’s equipment, software, and related
repairs.
B. Valley Com, King County, the city of Seattle, and the Eastside Public Safety
Communications Agency (EPSCA) determined that it is in the public interest to implement
a new public safety radio system, the Puget Sound Emergency Radio Network (PSERN),
that will provide public safety agencies and other user groups in the region with improved
coverage and capacity, as well as uniformly high-quality emergency radio
communications.
C. The costs of implementing the PSERN system are financed through a funding
measure approved by voters at the April 2015 election, and the above-mentioned parties
then executed a separate implementation agreement (“Implementation Period ILA”) that
designated King County to be the lead agency to plan, procure, finance, and implement
the PSERN system with the oversight of a joint board established pursuant to the
Implementation Period ILA. Valley Com’s Executive Director has represented the Valley
Com member cities on this joint board, reporting back to the Valley Com Administration
Board, which is comprised of the five mayors from Valley Com’s member cities.
D. The Implementation Period ILA contemplates creation of a new separate
governmental agency under RCW 39.34.030(3)(b) that is organized through an interlocal
agreement as a non-profit corporation under the Interlocal Cooperation Act (Operator
ILA). Once formed, this agency will assume the ownership and control of PSERN during
its useful life. Just as with the Implementation Period ILA, the Operator ILA will be subject
to oversight by a Board of Directors, comprised of one representative each from King
County, Seattle, the Valley Com member cities, and the EPSCA member cities.
E. Under the Operator ILA, Section 4.2.1.4, the Valley Com member cities’
representative will be selected from one mayor or city manager or his/her designee
representing the Cities of Auburn, Federal Way, Kent, Renton and Tukwila. The Operator
ILA also provides that the Valley Com member cities retain the right to determine who will
represent them on the PSERN Board of Directors. The purpose of this MOU is to
designate the manner in which the five Valley Com member cities will select its
representative.
4.E.a
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EXHIBIT B
2
NOW, THEREFORE, the Valley Com member cities agree to the above Recitals
and the following:
AGREEMENT
1. The five Valley Com member cities authorize the Valley Com Administration
Board to select their representative on the PSERN Board of Directors at the times and
within the constraints established in the Operator ILA. To be eligible to represent the
Valley Com member cities, the selected representative must be a mayor from one of the
member cities. It is understood, but not required, that the Valley Com Executive Director
may act as the representative’s designee on a full-time or an occasional basis, or the
representative may select any other alternate or designee when needed, as provided in
the Operator ILA.
2. Selection of the Valley Com member cities’ representative for the PSERN Board
of Directors shall be only by supermajority vote of the full Valley Com Administration
Board. The regular term of the selected representative shall be two year(s) commencing
on January 1 of even numbered years and ending December 31 of odd numbered years.
3. The Valley Com member cities’ representative on the PSERN Board of Directors
and his/her designee, will comply with all the rights, obligations, and limitations provided
to PSERN Board members through the Operator ILA and this MOU.
4. The Valley Com member cities’ representative on the PSERN Board of
Directors must, at each regular Valley Com Administration Board meeting, report to the
Administration Board on PSERN’s current operational status. The Valley Com member
cities’ representative must, whenever possible and practical, brief the Valley Com
Administration Board on issues the representative determines to be material before voting
on those matters as a PSERN System Board member.
5. Before voting on any PSERN matter that (a) materially expands the scope of
the PSERN system, (b) that materially increases the operational cost of the PSERN
System, (c) or that materially amends the Operator ILA, the Valley Com member cities’
representative on the PSERN System Board of Directors must brief the Valley Com
Administration Board for direction and must vote as a PSERN Board member in
accordance with that direction, which must be provided by at least a majority vote of the
full Valley Com Administration Board.
6. Notwithstanding the preceding Paragraph 5, the Valley Com member cities’
representative, or designee, shall not vote to amend the Operator ILA on matters requiring
legislative approval under Section 15.13.1 of the Operator ILA without affirmative
authority from each cities’ governing body.
6. This MOU will terminate upon the earlier of the expiration or termination of the
separate non-profit governmental agency formed under the Interlocal Cooperation Act
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EXHIBIT B
3
through the Operator ILA or a Valley Com member city’s withdrawal from Valley Com,
unless terminated earlier by unanimous agreement from the five Valley Com member
cities.
7. This MOU will take effect on the last date signed below.
IN WITNESS, the authorized representatives of the Valley Com member cities have
signed their names and indicated the date of signing in the spaces provided below.
CITY OF AUBURN CITY OF FEDERAL WAY
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF KENT CITY OF RENTON
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
4.E.a
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EXHIBIT B
4
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF TUKWILA
________________________________
Name ___________________________
Title ____________________________
Date ____________________________
Attest:
________________________________
City Clerk
Approved as to Form:
________________________________
City Attorney
4.E.a
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he PSERN Project upgrades and expands the current King
County Emergency Radio Communications System (KCERCS).
It’s an 800 MHz digital network. This system will be primarily
used by law enforcement, fire fighters, and other emergency
personnel to communicate with each other during E-911
activities – from small incident response to large scale emergencies.
Some general government agencies will also use it for daily
operations.
PSERN will consolidate operations of the current countywide emergency communications system into
a single, independent agency providing operations and maintenance of PSERN.
Contact PSERN: PSERN-Info@kingcounty.gov | 206-47-PSERN | https://psern.org
T
• The PSERN Project is funded by a property
tax levy lid lift that was approved by
voters in April of 2015.
• The Project has a current budget of
approximately $283 million.
• PSERN is comprised of radio towers, fiber
optic cables, computers, and a variety of
other equipment to support the ability of
first responders and other government
personnel to communicate through a
dedicated network.
• The Project is governed by a board of
system owners and first responder
representatives.
• Two active committees advise on the
Project plans, strategies, technical
impacts, and end-user needs.
• Improved coverage, capacity, capability,
and connectivity throughout King County.
• Overall, PSERN will provide better on-
street and in-building coverage with
additional coverage along I-90, Highway 2,
and Highway 410.
• PSERN will provide updated technology for
countywide emergency radio
communications including a change from
analog to digital.
• PSERN will provide new features such as
encryption and remote configuration of
radios in the field.
• The project will purchase: up to 19,000
radios and 144 Dispatch consoles at 19
dispatch centers.
4.E.b
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PSERN Operator Interlocal Agreement Summary
Section 1 – Rules of Construction and Definitions: sets the grammatical and stylistic rules for
interpreting the ILA as well as defining terms to be used in the ILA.
Section 2 – Duration of the Agreement: The agreement will be effective perpetually from the date
signed by the last Party until terminated in accordance with Section 12.
Section 3 – Purpose of the Agreement: States the reason for having the agreement - provide emergency
communications and to form a single PSERN Operator - and sites the applicable state laws for formation
of the PSERN Operator.
Section 4 – Board of Directors: sets the conditions for the operations of the Board of Directors. It
touches on:
• Section 4.1 – Creation of the Board of Directors
• Section 4.2 – Sets the composition as 4 voting directors (representing King County, Seattle,
EPSCA, Valley Communications Center), and two non-voting members representing police and
fire. This section also specifies the Officers of the Board of Directors.
• Section 4.3 – sets the voting, quorum and meeting rules.
o All votes are unanimous except as specified below.
o All four voting members are required for a quorum.
o Other voting procedures such as deferral of a vote are covered, as well as meeting
schedules and a requirement to establish bylaws. Only three votes are required if the
same director fails to attend two consecutive regularly scheduled meetings where
action was scheduled and the director failed to send an alternate. In this event only
three directors will be required to vote and form a quorum.
• Section 4.4 – Lists specific actions or powers the Board of Directors may exercise. This includes:
o Ability to amend portions of the ILA
However, Section 15.13 prohibits the Board from amending the following
provisions:
• PSERN Operator scope beyond that established in Section 3.0
• Composition of the Board of Directors
• Addition of new parties to the agreement
• Voting rights for Directors which includes who can vote or voting rules
• Powers of the Board of Directors
• Hold harmless and indemnification requirements
• Provisions regarding duration, termination or withdrawal
o Establishing advisory boards
o Approve budgets and expenditures
o Adopt policies and bylaws
o Perform procurements
o Direct and supervise the activities of the advisory boards
4.E.c
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o Direct the activities of the Executive Director
o If the Board directly hires the Executive Director, then hire/fire and set the employment
terms for the Executive Director
o Evaluate Executive Director’s performance in writing annually
o Establish funds for PSERN operations
o Establish service fees (including monthly fees to end user agencies or ad hoc time and
materials fees)
o Conduct regular meetings
o Approve maintenance and operations standards
o Determine services the PSERN Operator will offer (additional services)
o Approve 3rd party agreements
o Incur debt but not incur debt or issue bonds in the name of any Party
o Own or acquire assets or real property
o Dispose of assets or real property
o Sue or be sued
o Hold radio licenses
o Make recommendations to legislative bodies of parties & users
o Delegate authority
o Enter into agreements
o Exercise powers necessary to further the purpose of the agreement
o Add parties to the agreement subject to Section 15.13
o Plan for a successor public safety radio system
o Accept loans or grants
o Statement that the Operator shall have not power to levy taxes
• Section 4.5 – when the board cannot agree, this section sets the impasse resolution procedures,
which includes non-binding mediation and formation of an Elected Executives Committee.
Section 5 – Operating Board: creates an Operations Board to advise the Board of Directors.
Section 6 – Executive Director: sets the employment conditions for the Executive Director and lays out
the Executive Director duties, which include:
• Managing the day to day operations of PSERN
• Manage other PSERN staff
• Propose annual budgets
• Approve expenditures consistent with the approved budget
• Monitor and track PSERN system performance
• Support the Board of Directors
• Recommend policies, standards and procedures
• Provide written monthly reports to the Board on expenditures, system performance, system
failures, and usage statistics.
• Maintain and manage records
• Prepare the annual report
4.E.c
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Section 7 – Emergency procedures: provides the Executive Director limited authority to act in the case
of emergencies and sets up reporting requirements.
Section 8 – PSERN Operator Employment: This section lays out employment terms for individuals who
will work for the PSERN Operator. The section allows for the PSERN Operator to directly hire employees
or to contract with another agency for staff. This section also provides for temporary employment, not
to exceed 18 months, for Transitional Employees, defined as employees with King County, the City of
Seattle, EPSCA or Valley Com whose employment will be terminated as a result of PSERN and who will
not be hired by the PSERN Operator.
Section 9 – Service Level Requirements: creates commitments by the PSERN Operator to provide
services to maintain PSERN and sets minimum performance requirements for the system.
Section 10 – (reserved but not used)
Section 11 – Withdrawal or Removal of a Party: sets the terms and conditions for the withdrawal of one
or more parties from the agreement. Parties must give notice at least two years in advance and must
develop a departure plan. Withdrawing parties are still responsible for any cost obligations that were
incurred prior to notice of withdrawal. Also, for cause, the Board of Directors may vote to remove a
party by majority vote.
Section 12 – Dissolution – This section sets the conditions and process for complete dissolution of the
PSERN Operator. Addresses requirements for voting, disposition of assets, and timing for final
termination date.
Sections 13-15 – Legal terms and conditions -- insurance, indemnification, non-discrimination, public
records, notice requirements, dispute resolution, severability, amendments etc.
--------------
Exhibit A – Cost Allocation Model: sets the model and formula for determining the first-year rates for
the PSERN Operator for public safety radios and other (general government) radios, as well as for
dispatch consoles. Future rate models will be determined by the Board of Directors.
Exhibit B – In-Building Coverage: map of three areas designated to receive improved in-building
coverage.
4.E.c
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Puget Sound Emergency Radio Network
Background on PSERN Operator End User Rate & Cost Allocation Model
Prepared: April 2020
Purpose:
This document outlines the process for determining the rate and cost allocation model behind
proposed monthly charges to agencies for access to and use of the Puget Sound Emergency
Radio Network (PSERN) by radios and consoles. This model was adopted by the 12 owner
agencies of the current King County Emergency Radio Communications System (KCERCS)
through the Implementation Period Interlocal Agreement (IPILA). The IPILA was the instrument
used to create the governance for the PSERN Project.
The topics addressed in this document include constraints, assumptions, and specific
recommendations for the final rate and cost allocation model that would, if approved by the
future PSERN Operator Board of Directors, determine Year 1 operating costs for the PSERN
Operator.
Background:
KCERCS is the existing emergency radio communications system supporting E-911 response and
other government operations throughout King County. KCERCS is technically a single system
that is owned by four different entities and coordinated through a joint board to ensure the
system is operating effectively countywide. The four owner entities are:
1. Eastside Public Safety Communications Agency (EPSCA),
2. King County,
3. City of Seattle, and
4. Valley Communications Center (ValleyCom).
Recognizing that equipment comprising KCERCS is over 20 years old and is no longer supported
by the system equipment vendor, Motorola Systems, Inc., the owner entities worked on a plan
to replace KCERCS. From this planning process, the PSERN Project (via the IPILA) was created
and the PSERN Operator (the Operator) was envisioned (via a Memorandum of Agreement that
was an attachment to the IPILA). Once the owners determined that a new non-profit
governmental agency would be created, staff from the owner entities created a draft budget
and a rate and cost allocation model that would fund the future Operator.
The PSERN Project Steering Committee (the Committee) was the predecessor to the PSERN
Project’s oversight body, the Joint Board. The Committee made early decisions about the
PSERN Project and made recommendations to establish the Operator, including development
of the Operator’s budget and preferred rate model.
4.E.d
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The Committee membership was comprised of a representative from each of the four owner
entities listed above and a chair (a former King County Deputy Executive). This Committee
appointed a staff working group to perform the rate model analysis. Ultimately, the Committee
voted to approve the recommendations revealed later in this document.
Analysis Team:
City of Seattle staff led the analytical work on options for the proposed rate and cost allocation
formula to fund the PSERN Operator budget. The full team consisted of staff from the PSERN
Project, the KCERCS system managers, and technical staff from the partner agencies.
Initial Assumptions:
The analysis team laid out initial assumptions that they would follow while working on the rate
and cost allocation model. The assumptions are listed below.
A. The same rate model will apply to all radio/console end users.
B. Rates should align with biennial budget cycles.
C. The PSERN system will be upgraded continuously via a support agreement.
D. The PSERN Operator will owns dispatch consoles as a part of the system.
E. Individual agencies own their radios.
F. Public safety agencies need to use PSERN. (They have no reasonable alternative if local
government personnel want to communicate effectively and transparently countywide.)
G. Non-public safety agencies can choose not to use PSERN if rates are too high.
H. Have as many eligible agencies as possible using PSERN (because the higher the number
of agencies, the lower the rates and the greater the interoperability with adjacent radio
systems).
Constraints Considered:
The following constraints were considered:
• There must be reliable, readily-available data to support the rate model chosen.
• The model must comply with RCW 43.09.210 (the “Accountancy Act”), meaning one
service may not subsidize another, nor can one agency subsidize another either directly
or indirectly.
• The PSERN Operator must be able to bill individual end user agencies directly.
Rate Model Options:
The purpose of the rate model analysis was to define how radio and console end users would
be charged for their usage of the PSERN system. The staff team reviewed five different rate
models including concepts such as all users paying the same rate, rates based on usage, rates
based on geographic or population size served, and even a combination of the rate models.
4.E.d
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Initial Recommendations:
After the above information was analyzed, the partner staff team proposed the following
recommendations to the Committee:
1. Use an Unbundled Rate to ensure compliance with the Accountancy Act. An Unbundled
Rate means separate rates for each type of PSERN equipment used by an agency –
public safety radios, non-public safety (general government) radios, and dispatch
consoles.
2. Keep charges as simple as possible – avoid multiple charges for each type of equipment.
3. Have a separate fixed charge for dispatch consoles.
4. Have fixed charges for two categories of subscriber radios – general government and
public safety.
5. Do not have charges related to geography or population. (The group found these factors
to be imprecise and disputable data as the basis for rates.)
6. Do not charge based on how much each agency uses the system.
7. Use operating costs – not initial capital costs – to determine rates. Use best estimates
based on available data for the PSERN Operator’s first year budget, and then actual user
data thereafter.
8. Do not charge for radios accessing PSERN that are primarily used on another (disparate)
radio system and that are cross-programmed to work on PSERN for the purpose of
mutual aid.
9. Determine proportional costs for each of the three equipment rate categories – public
safety radios, general government radios, and dispatch consoles.
The rate model ultimately recommended by the partner staff team to the PSERN Project
Steering Committee was as follows:
• The PSERN Operator rate model is to be based on the level of labor effort (costs) and
vendor costs to maintain the system.
• The PSERN Operator’s Budget will be funded by end users of radios and dispatch
consoles. (Historically, there has been no system access charge for consoles.)
• The following formulas were used to determine the radio and console rates that will
fund the future PSERN Operator in Year 1 of its network operations:
o Radio end user contribution =
[public safety radio rate * # of public safety radios] + [general
government radio rate * # of general government radios] = 78% of PSERN
Operator budget
o Console contribution =
console rate * # of consoles = 22% of PSERN Operator budget
4.E.d
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o NOTE: It was assumed that general government radio users need less features
for their radios than public safety radios, so their monthly rates should be lower.
The general government radio rates were set to be at 78% of the public safety
radio rate.
Conclusions and Recommendations:
The analysis team concluded that there are flaws in all the rate setting methods they studied.
They also concluded that the recommended rate model should be revised / reaffirmed after the
first year of full operations when more concrete data on costs could be obtained by the
Operator.
The guidelines and model listed above were approved by the PSERN Project Steering
Committee at its October 28, 2014 meeting as the PSERN Operator’s proposed Year 1 rates for
radio and console end users.
4.E.d
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POLICE DEPARTMENT
Rafael Padilla, Police Chief
220 Fourth Avenue South
Kent, WA 98032
253-852-2121
DATE: April 28, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: 2020 Department of Justice Grant for the
Coronavirus Emergency Supplemental Funding Program
SUMMARY: The Kent Police Department applied for the 2020 COVID-19 Justice
Assistance Grant from the Department of Justice and received $122,683 to fund
technology needs and supplies for personal protective equipment and sanitization
deep cleaning for vehicles and buildings. Grant funding is effective from January 20,
2020 through January 20, 2022.
The Mayor proclaimed an emergency on March 6, 2020 related to the COVID-19
pandemic. In accordance with KCC 3.70.110.B.2, the Mayor had authority to
approve this grant subject to notification to the Council. No further action for grant
approval or receipt is required.
BUDGET IMPACT: Additional grant funds in the amount of $122,683.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 2020 COVID-19 JAG AWARD_REPORT (PDF)
4.F
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Department of Justice (DOJ)
Office of Justice Programs
Washington, D.C. 20531Office of the Assistant Attorney General
April 17, 2020
The Honorable Dana Ralph
City of Kent
220 4th Avenue South
Kent, WA 98032-5838
Dear Mayor Ralph:
On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S.
Department of Justice (DOJ), has approved the application by City of Kent for an award under the OJP funding opportunity
entitled "BJA FY 20 Coronavirus Emergency Supplemental Funding Program." The approved award amount is $122,683.
These funds are for the project entitled Kent City Coronavirus Emergency Response.
The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any
decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award
conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that
"Legal Notices" webpage, OJP sets out -- by funding opportunity -- certain special circumstances that may or will affect the
applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted
through that webpage is incorporated by reference into the award.
Please note that award requirements include not only award conditions, but also compliance with assurances and certifications
that relate to conduct during the period of performance for the award. Because these requirements encompass financial,
administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is
vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as
well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any
subrecipient of the award.)
Should City of Kent accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate
remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Please direct questions regarding this award as follows:
- For program questions, contact Jeffrey S. Felten-Green, Program Manager at (202) 514-8874; and
- For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at
(800) 458-0786, or at ask.ocfo@usdoj.gov.
We look forward to working with you.
Sincerely,
Encl.
Katharine T. Sullivan
Principal Deputy Assistant Attorney General
4.F.a
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Director
Michael L. Alston
Department of Justice (DOJ)
Office of Justice Programs
April 17, 2020
The Honorable Dana Ralph
City of Kent
220 4th Avenue South
Kent, WA 98032-5838
Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of
Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office
of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in
discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of
the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with
those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require
compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and
nondiscrimination requirements, in connection with OJP and other DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or
groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits
permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non-
discriminatory manner to their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency
Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection
with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2)
submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42,
subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c),
.205(c)(5). Please submit information about any adverse finding to the OCR at the above address.
We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and
other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination
responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know.
Dear Mayor Ralph:
Sincerely,
cc:Grant Manager
Financial Analyst
Washington, DC 20531
Office of Civil Rights
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Grant
PAGE 1 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Kent
220 4th Avenue South
Kent, WA 98032-5838
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT
10. AMOUNT OF THIS AWARD
$ 0
$ 122,683
11. TOTAL AWARD $ 122,683
2a. GRANTEE IRS/VENDOR NO.
916001265
2b. GRANTEE DUNS NO.
020253613
3. PROJECT TITLE
Kent City Coronavirus Emergency Response
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY20(BJA - CESF) Pub. L. No. 116-136, Div. B; 28 U.S.C. 530C
14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.034 - Coronavirus Emergency Supplemental Funding Program
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
Katharine T. Sullivan
Principal Deputy Assistant Attorney General
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21.
FISCAL
YEAR
FUND
CODE
BUD.
ACT.OFC.
DIV.
REG.SUB.POMS AMOUNT
VDBX 80 00 00 122683
VVDUGT0117
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Dana Ralph
Mayor
4. AWARD NUMBER:2020-VD-BX-0077
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
6. AWARD DATE 7. ACTION
Initial
04/17/2020
TO
TO
01/20/2020
01/20/2020
01/31/2022
01/31/2022
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL
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AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient
official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if
personally executed by the authorized recipient official.
Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or an assurance or certification related to conduct during the award period -
- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the
award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2019 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that
are obligated on or after the acceptance date of this FY 2019 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
1.
2.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
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Grant
PAGE 3 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The
reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or
FPOC must have successfully completed an "OJP financial management and grant administration training" by 120
calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful
completion of such a training on or after January 1, 2018, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200
Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
3.
4.
5.
6.
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Grant
PAGE 4 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any
of those other federal awards 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 funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ
awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This 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-profit organization that he or she may own or operate in his or her name).
7.
8.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
SHEET
Grant
PAGE 5 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole
or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the
individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under
this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United
States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes
(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the
recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an
appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper
E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to
confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or
in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
9.
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PAGE 6 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient
at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1)
and (2).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the
scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have
specific federal authorization), and are incorporated by reference here.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $250,000)), and are incorporated by reference here.
10.
11.
12.
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PAGE 7 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Unreasonable restrictions on competition under the award; association with federal government
SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in
part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of
the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of
this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring
awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and
associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and
200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open
competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on
firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no
recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on
the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or
entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R.
200.319(a) or as specifically authorized by USDOJ.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at
present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant
recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on
behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for
such employment or engagement, and any person or entity committed by legal instrument to undertake any such work,
project, or activity (or to provide such goods or services) in future.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
13.
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AWARD CONTINUATION
SHEET
Grant
PAGE 8 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by
DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an
associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by
the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm
(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with
participating minors), and are incorporated by reference here.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
14.
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AWARD CONTINUATION
SHEET
Grant
PAGE 9 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-
risk" for purposes of the DOJ high-risk grantee list.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious
practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part
38, under e-CFR "current" data.
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20.
21.
22.
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AWARD CONTINUATION
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Grant
PAGE 10 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The recipient, and any
subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in
federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated
at https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should
a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall
within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed
without the express prior written approval of OJP.
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General
(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person
has, in connection with funds under this award -- (1) submitted a claim that violates 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.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice,
Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile
directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
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25.
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AWARD CONTINUATION
SHEET
Grant
PAGE 11 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt
written notification to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
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AWARD CONTINUATION
SHEET
Grant
PAGE 12 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Signing Authority
This award must be signed by an authorized official of the applicant State, local, or tribal government, on behalf of that
applicant State, unit of local government, or Tribe, unless the applicant designates an organizational unit to apply on its
behalf. For example, if designated by a unit of local government, a Police Department or Sheriff’s Office (or similar
agency) may apply on behalf of the applicant jurisdiction, as long as the department, office, or agency is listed as the
organizational unit on the SF-424. In that case, the head of the designated organizational unit (such as a Police Chief or
Sheriff) may sign the award. Documentation of the designation by the appropriate governing body must be retained by
the grant recipient.
The "Emergency Appropriations for Coronavirus Health Response and Agency Operations" law (Public Law 116-136)
includes definitions, reporting requirements, and certain other provisions that apply (whether in whole or in part) to this
award. In addition, consistent with the CESF Program's purposes, which involve preparing for, preventing, and
responding to the coronavirus national emergency, OJP will provide notice of any additional CESF program-specific
grants administrative requirements on an award page, accessible at https://www.ojp.gov/funding/explore/CESF-
program-specific-condition, that is incorporated by reference here.
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AWARD CONTINUATION
SHEET
Grant
PAGE 13 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
The recipient agrees to comply with OJP 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's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's
DOJ awards, including, but not limited to: withholdings and/or 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).
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") 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 subrecipients (first-tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an
award 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).
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award
conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this award.
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
Justice Information Sharing
Recipients are encouraged to comply any information-sharing projects funded under this award with DOJ's Global
Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) is encouraged
to conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at:
https://it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned
approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects
shared information.
Avoidance of duplication of networks
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.
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AWARD CONTINUATION
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Grant
PAGE 14 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must 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 award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior
to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by
the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as
set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity
is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order
to use these award funds, this condition must first be met. The activities covered by this condition are: a. New
construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive
area, including properties located within a 100-year flood plain, a wetland, 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 a 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 methamphetamine
laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient 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 recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at https:/ / bja.gov/ Funding/ nepa.html,
for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing
Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded
by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation
by BJA of a national or program environmental assessment of that funded program or activity.
Establishment of interest-bearing account
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is
required to establish an interest-bearing account dedicated specifically to this award. Recipients (and subrecipients)
must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2
C.F.R. 200.305(b)(8)). The award funds, including any interest, may not be used to pay debts or expenses incurred by
other activities beyond the scope of the Coronavirus Emergency Supplemental Funding (CESF) program . The recipient
also agrees to obligate the award funds in the account(including any interest earned) during the period of performance
for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned,
must be returned to OJP at the time of closeout.
Expenditures requiring prior approval
No funds under this award may be expended on individual items costing $500,000 or more, or to purchase Unmanned
Aerial Systems (UAS), Unmanned Aircraft (UA), and/or Unmanned Aerial Vehicles (UAV) without prior written
approval from BJA. Prior approval must be obtained post-award, through the submission and approval of a Grant
Adjustment Notice (GAN) through OJP’s Grant Management System (GMS).
39.
40.
41.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
SHEET
Grant
PAGE 15 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 04/17/2020PROJECT NUMBER 2020-VD-BX-0077
SPECIAL CONDITIONS
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after January 20, 2020
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award (January 20, 2020), however, the recipient may choose to incur
project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a
minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are
removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the
condition is removed.)
Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award
funds to "supplant" State or local funds.
Use of funds for DNA testing; upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-
governmental DNA database without prior express written approval from BJA. Award funds may not be used for the
purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS.
Body armor - compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level,
make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply
with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor
Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic-
resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set
forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/
technology/ body-armor/ pages/ safety-initiative.aspx.
Missing Attachment: Disclosure of lobbying
The recipient must complete a Disclosure of Lobbying Activities (SF-LLL) form, and submit it to the grant manager
for this award. Award closeout will not be possible until OJP has issued a Grant Adjustment Notice to remove this
special condition.
42.
43.
44.
45.
OJP FORM 4000/2 (REV. 4-88)
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Memorandum To:
From:
Subject:
Washington, D.C. 20531
Orbin Terry, NEPA Coordinator
Categorical Exclusion for City of Kent
The Coronavirus Emergency Supplemental Funding (CESF) Program allows eligible states, local units of
government, and tribes to support a broad range of activities including preventing, preparing for, and responding to
the coronavirus.
All recipients of CESF funding must assist BJA in complying with NEPA and other related federal environmental
impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a
sub-grantee or third party.
BJA’s expectation is that none of the following activities will be conducted whether under this federal award or a
related third party action:
(1) New construction
(2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located
within a 100-year flood plain, a wetland, or habitat for an endangered species
(3) A renovation that will change the basic prior use of a facility or significantly change its size
(4) Research and technology whose anticipated and future application could be expected to have an effect on the
environment
(5) Implementation of a program involving the use of chemicals (including the
identification, seizure, or closure of clandestine methamphetamine laboratories) 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.
Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion
as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations.
If, however, award funds are proposed to be used for any of the enumerated projects or activities above, grant
recipients must contact their grant manager, and receive written approval prior to commencing that project or
activity.
Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental
Coordinator for BJA.
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Official Grant File
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GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
1. STAFF CONTACT (Name & telephone number)
PROJECT NUMBER
6. NAME & ADRESS OF SUBGRANTEE
7. PROGRAM PERIOD 8. BUDGET PERIOD
9. AMOUNT OF AWARD 10. DATE OF AWARD
11. SECOND YEAR'S BUDGET
2020-VD-BX-0077
2. PROJECT DIRECTOR (Name, address & telephone number)
4. TITLE OF PROJECT
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
5. NAME & ADDRESS OF GRANTEE
Grant
This project is supported under FY20(BJA - CESF) Pub. L. No. 116-136, Div. B; 28 U.S.C. 530C
Sara Wood
Research and Development Analyst
220 4th Avenue South
Kent, WA 98032-5838
(253) 856-5856
PAGE 11OF
The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and
federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiatives
may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves,
masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of
inmates in state, local, and tribal prisons, jails, and detention centers.
NCA/NCF
Jeffrey S. Felten-Green
(202) 514-8874
OJP FORM 4000/2 (REV. 4-88)
Kent City Coronavirus Emergency Response
City of Kent
220 4th Avenue South
Kent, WA 98032-5838
TO:01/20/2020 01/31/2022FROM:TO:01/20/2020 01/31/2022FROM:
04/17/2020 $ 122,683
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
3a. TITLE OF THE PROGRAM
BJA FY 20 Coronavirus Emergency Supplemental Funding Program
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: April 28, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Interlocal Agreement with City of Tukwila for the South
200th Street Bridge Maintenance and Repair - Authorize
MOTION: Authorize the Mayor to execute an interlocal agreement with the
City of Tukwila for the maintenance and repair of the South 200th Street
bridge with terms and conditions acceptable to the Public Works Director
and City Attorney.
SUMMARY: The South 200th Street Bridge connects Tukwila and Kent, providing
access to I-5 for Kent’s manufacturing and industrial center. Bridge construction
was completed in 1998 by Kent in partnership with King County, as the area west
of the Green River was unincorporated King County. Since Tukwila’s 2009
annexation, the bridge has been co-owned by Kent and Tukwila.
The cities have been cooperatively maintaining the bridge; however, there is no
formal maintenance agreement in place. Recently, necessary bridge repairs
completed by Tukwila on the west end of the bridge showed the need for a formal
agreement to address maintenance and repairs.
The attached Interlocal Agreement establishes the duties and responsibilities of
each city with respect to maintenance, inspection, and repairs to the bridge.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 200th St Bridge - Kent Tukwila ILA (PDF)
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INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200TH STREET BRIDGE - 1 of 7
(Between Cities of Kent and Tukwila)
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE CITY OF TUKWILA
REGARDING MAINTENANCE AND REPAIR OF S. 200TH STREET BRIDGE
THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into between the
CITY OF KENT, a Washington municipal corporation (“Kent”), and the CITY OF
TUKWILA, a Washington municipal corporation (“Tukwila”) (individually, a “Party”
and collectively, the “Parties”), to memorialize their joint undertaking in the
maintenance of the South 200th Street Bridge that connects their respective cities.
I. RECITALS
1.1 The South 200th Street Bridge connects Kent and Tukwila, with the
limits of each city meeting at the thread of the Green River at the Bridge’s location.
Both cities have responsibility for maintaining this bridge.
1.2 The Parties wish to enter into this Agreement, under the authority
provided for in Chapter 39.34 of the Revised Code of Washington, to identify the
Parties’ individual responsibilities and to establish a process through which major
maintenance and repairs and other costs will be shared between the Parties.
NOW THEREFORE, in consideration of the mutual benefits and conditions
hereinafter contained, the Parties agree as follows:
II. AGREEMENT
2.1 Purpose and Intent. It is the purpose of this Agreement to establish
the duties and responsibilities of each Party with respect to the maintenance,
inspection, and repairs to the Bridge. It is intended that the Parties will work
together to keep the Bridge open to traffic and share equally in the total costs and
responsibilities associated with the Bridge’s maintenance and repair. For the
purpose of this Agreement, “Bridge” is defined as the area depicted in Exhibit A
within which the following are included: girders, piers, pier caps, deck, sidewalk,
bearing and expansion joints, traffic barriers, railings, and pavement markings.
“Bridge” does not include luminaire poles and electrical conduits and conductors
related to traffic signal and illumination systems.
2.2 Duration. This Agreement shall become effective on the last date it is
authorized or ratified by the legislative body of Kent and the legislative body of
Tukwila. This Agreement shall remain in full force and effect unless it is terminated
by either Party in accordance with Section 2.6 below.
2.3 Administration of Agreement. To carry out the purpose of this
Agreement, a two-person administrative board (“Board”) is hereby created to
administer this Agreement. The Board shall consist of the Public Works Directors or
their designees for Kent and Tukwila, unless a different representative is identified
by either Party in written notice to the other. The Board shall meet no less than
one time per year to discuss the performance of the obligations of Kent and Tukwila
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INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200TH STREET BRIDGE - 2 of 7
(Between Cities of Kent and Tukwila)
pursuant to this Agreement. In the event the Board is unable to reach agreement
on any dispute that arises under this Agreement, the matter shall be submitted to
the Chief Administrative Officers for Kent and Tukwila to resolve.
2.4 Joint Management and Responsibility. The Bridge is a joint
responsibility of the Parties because its length spans into Kent’s city limits on one
side and into Tukwila’s city limits on the other side. This joint responsibility
requires cooperative action for all inspection, maintenance, engineering studies, or
other work or alterations that the Bridge may require over the years. All work on
the Bridge by the Parties’ employees, contractors, consultants, or other means is
deemed to be a joint effort of the Parties irrespective of the status of the individuals
or firms actually performing the work.
Each Party, at its sole cost and expense, will maintain the approach slab,
retaining walls, illumination systems, guardrail, attenuators, and appurtenances on
its respective side of the city limits.
2.4.1 Aquatic Lands Easement. Kent has obtained an aquatic lands
easement from the State of Washington Department of Natural Resources for the
construction, installation, operation, maintenance, repair, replacement and use of
the Bridge. The easement ends on July 31, 2027 and is recorded under King County
Recording Number 9801271893. The Parties shall work together to extend the term
of said easement and share in the costs to do so.
2.4.2 Inspections. Tukwila will conduct, arrange, and coordinate all
Bridge inspections and will maintain all records and files concerning the Bridge, its
inspections, and all reports generated concerning the Bridge and its condition. If
during an inspection, Tukwila or its agent discovers that the Bridge requires Regular
Surface Maintenance, as provided in Section 2.4.7 below, Tukwila will so advise
Kent. The costs associated with the Bridge’s inspection and the maintenance and
retention of all records concerning the Bridge will be at Tukwila’s sole cost and
expense, unless the Parties otherwise mutually agree in writing or as provided for
in Section 2.5.1 below.
2.4.3 Engineering Studies. Tukwila will conduct, arrange, and
coordinate all engineering studies to comply with Federal Highway Administration
and Washington State Department of Transportation requirements and will retain all
records of all engineering studies records generated concerning the Bridge. If
during the performance of an engineering study, Tukwila, or its agent, concludes
that weight restrictions over the Bridge should be required, Tukwila will develop a
signing plan and present this to Kent for concurrence. Once a signing plan is
agreed-upon by both Parties, the Parties will install signage within their respective
city limits at its own cost in accordance with an approved signing plan. Tukwila
shall be solely responsible for the cost and expenses associated with the Bridge’s
engineering studies in addition to the maintenance and retention of all records
concerning the Bridge, unless the Parties otherwise mutually agree in writing as
provided in Section 2.5.1 below.
4.G.a
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INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200TH STREET BRIDGE - 3 of 7
(Between Cities of Kent and Tukwila)
2.4.4 Regular Surface Maintenance. Kent will perform regular surface
maintenance of the Bridge (“Regular Surface Maintenance”). Regular Surface
Maintenance shall only include debris removal from the sidewalk, sweeping of the
Bridge deck, paint line striping, anti-ice applications as necessary, and snow
removal during snow and ice events. Kent shall be solely responsible for the cost
and expenses associated with Regular Surface Maintenance, unless the Parties
otherwise mutually agree in writing or as provided for in Section 2.5.1 below.
“Graffiti Removal” and “Vegetation Maintenance” activities, as defined in Section
2.4.5 below, are not considered Regular Surface Maintenance, and must be
conducted in accordance with Section 2.4.5 below.
Any other work that does not constitute Regular Surface Maintenance,
Graffiti Removal, or Vegetation Maintenance will be considered “Major Maintenance
or Repair,” as defined in Section 2.4.7 below, and must be conducted in accordance
with Section 2.4.7.
2.4.5 Graffiti Removal & Vegetation Maintenance. Each Party shall: (i)
perform vegetation maintenance on, around, and beneath its respective side of the
Bridge, and (ii) remove or cover graffiti that appears on that Party’s respective side
of the Bridge, as identified in Exhibit B. Such work is not considered Regular
Surface Maintenance under Section 2.4.4.
2.4.6 Use of Existing Conduits. Kent owns existing interconnect
communication lines installed in conduit across the Bridge, which both Parties agree
shall remain in place. Kent will be solely responsible for the maintenance of said
lines. Any new uses of existing conduits within the Bridge shall require approval of
both Parties. The installation of new conduits on the Bridge shall require a separate
agreement.
2.4.7 Major Maintenance or Repair. Any work needed on the Bridge
that is not considered as Regular Surface Maintenance under Section 2.4.4 is
considered “Major Maintenance or Repair” work, the expense of which will be
shared equally between the Parties. However, alterations to the Bridge are not
considered Major Maintenance or Repair and any cost-sharing or coordination in the
construction of such alterations will require a separate agreement. In the event
either Party discovers that Major Maintenance or Repair work should be conducted,
the Board provided shall meet, agree upon the Major Maintenance or Repair work to
be performed on the Bridge, and appoint one of the Parties to serve as the lead
agency to conduct, coordinate, or arrange for the Major Maintenance or Repair
work, including completion of any bidding and contracting process. Prior to
awarding any contract, the lead agency will provide other agency the opportunity to
review bid information and make a recommendation regarding the award. The lead
agency will bill the other agency in accordance with Section 2.5.2. below.
2.4.8 Emergency. If an emergency bridge closure has been declared
by a Party, either Party may make repairs to the Bridge as it deems necessary to
remedy the emergency, and agrees to notify the other Party as soon as practicable,
but at least within twenty-four hours of the first Party having declared the
4.G.a
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INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200TH STREET BRIDGE - 4 of 7
(Between Cities of Kent and Tukwila)
emergency. The Parties agree the cost of any emergency repairs will be shared
equally between them.
2.4.9 Permits. Permits from both Parties are required before the start
of any maintenance or repair activities requiring temporary traffic control on the
Bridge. Additionally, any special event utilizing the Bridge must also be permitted
by both Parties.
2.5 Payment.
2.5.1 Inspections & Regular Surface Maintenance. Each Party agrees
to perform its stated obligations under this Agreement at its sole cost and expense.
However, should the performance of obligations required under this Agreement
result in one Party contributing more than 50% toward the overall joint undertaking
in any one year, the Board will discuss the matter and determine an equitable
resolution agreeable to both Parties that fulfills the stated purpose and intent of this
Agreement.
2.5.2 Major Maintenance or Repair. Each Party agrees to pay 50% of
the total costs, less grants received, of all agreed-upon Major Maintenance or
Repair work on the Bridge in accordance with Section 2.4.7 above, including actual
costs attributable to direct labor, employee benefits, equipment rental, materials
and supplies, utilities and permits, insurance, contractual services and
administrative overhead costs, including the actual cost of the time and resources
contributed by the lead agency in conducting, coordinating, and arranging for the
major maintenance or repair work. The lead agency will submit to the other Party a
monthly invoice of all costs incurred by the Major Maintenance or Repair work and
that Party’s 50% share due, which sum shall be paid within thirty (30) days of the
date of the invoice. If the Party receiving the invoice objects to all or any portion
thereof, it shall notify the lead agency and reserves the option to only pay that
portion of the invoice not in dispute. In that event, however, the Parties will
immediately make every effort to settle the disputed portion.
2.5.3 Grants or Funding Alternatives. The Parties will work
cooperatively to seek federal or state grants, or to pursue other funding
alternatives, for expenses related to the Bridge’s repair and maintenance and agree
to share equally in any local match that may be required.
2.6 Termination.
2.6.1 Termination for Default. Either Party may terminate this
Agreement, in whole or in part, in writing if the other Party substantially fails to
fulfill any or all of its obligations under this Agreement through no fault of the
terminating Party, provided that insofar as practicable, the Party terminating the
Agreement shall provide the other Party with a notice of termination (“Notice of
Termination”) given at least thirty (30) calendar days prior to the date of
termination and state the manner in which the Party has failed to perform the
obligations under this Agreement; and an opportunity for the Party to cure the
4.G.a
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INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200TH STREET BRIDGE - 5 of 7
(Between Cities of Kent and Tukwila)
default within thirty (30) calendar days of the Notice of Termination or within a
reasonable time period as otherwise stated. If a Party receives a Notice of
Termination and fails to remedy the default or the breach to the satisfaction of the
other Party within the time period established in the Notice of Termination or any
extension thereof, granted by the Party not at fault, this Agreement will be deemed
terminated.
2.6.2 Termination by Mutual Written Agreement. This Agreement
may be terminated by mutual written agreement executed by both Parties, subject
to the provisions of Section 2.6.3 below.
2.6.3 Duties of Parties upon Termination. Upon termination of this
Agreement for default or by mutual written agreement, the Parties agree to work
together cooperatively to develop a coordinated plan for transferring work
completed up to the time of termination and determining reasonable contract close-
out costs. Termination by any Party shall not extinguish or release either Party from
liability, claims or obligations to third parties existing as of the time of termination.
Any costs incurred prior to proper notification of termination will be borne by the
Parties in accordance with the terms of this Agreement. The Indemnification and
Insurance provisions set forth in Section 2.7 below and all remedial provisions shall
survive termination of this Agreement.
2.7 Indemnification and Hold Harmless. Tukwila shall defend, indemnify,
and hold Kent, 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 Tukwila’s performance of this
Agreement, except for that portion of the injuries and damages caused by Kent's
negligence. Similarly, Kent shall defend, indemnify and hold Tukwila, 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 Kent's performance of this Agreement, except for that
portion of the injuries and damages caused by Tukwila's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT
THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY’S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or
termination of this Agreement.
2.8 Insurance. Each Party shall carry and maintain, for the duration of
this Agreement, general liability, property damage, and errors and omissions
insurance coverage with an admitted carrier for the state of Washington with the
following minimums:
4.G.a
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INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200TH STREET BRIDGE - 6 of 7
(Between Cities of Kent and Tukwila)
General Liability: $5 million per occurrence; and
Property Damage: $5 million per occurrence; and
Errors and Omissions: $5 million per occurrence.
The coverage shall be “occurrence based” rather than “claims made.”
In the alternative, each Party may satisfy the requirements of this section by
becoming or remaining a participant in an authorized self-insurance pool in the
State of Washington with protection equal to or greater than that specified herein.
2.9 Audits and Inspections. The records and documents with respect to all
matters covered by this Agreement shall be subject to inspection, review, or audit
by either Kent or Tukwila for up to three years after termination of this Agreement.
2.10 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 a dispute, difference or claim arising from the
Parties’ performance of this Agreement, the exclusive means of resolving that
dispute, difference or claim, shall be by filing suit 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 be responsible for its own legal costs and attorney's fees associated with
defending or instituting 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 either Party’s right to indemnification under
Section 2.7 of this Agreement.
2.11 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.
2.12. 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 Kent and Tukwila.
2.13 Entire Agreement. The written provisions and terms of this Agreement
shall supersede all prior verbal statements of any officer or other representative of
the Parties, 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.
2.14 Severability. If any section of this Agreement is adjudicated to be
invalid, such action shall not affect the validity of any section not so adjudicated.
4.G.a
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INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200TH STREET BRIDGE - 7 of 7
(Between Cities of Kent and Tukwila)
2.15 Interpretation. The legal presumption that an ambiguous term of this
Agreement should be interpreted against the Party who prepared the Agreement
shall not apply as this Agreement was jointly prepared by the Parties.
2.16 Ownership of Property. Any property owned and used by Kent in
connection with this Agreement shall remain the property of Kent, and any property
owned and used by Tukwila shall remain the property of Tukwila, unless otherwise
specifically provided for in this Agreement.
2.17 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
IN WITNESS, the Parties below execute this Agreement, which shall
become effective on the date provided for in Section 2.2 above.
TUKWILA:
CITY OF TUKWILA:
By:
(signature)
Print Name: Allen Ekberg
Its Mayor
(Title)
DATE:
KENT:
CITY OF KENT:
By:
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
Hari Ponnekanti, P.E.
Public Works Deputy Director / City
Engineer
City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
(206) 431-2455 (telephone)
(206) 431-3665 (facsimile)
Hari.Ponnekanti@TukwilaWa.gov
NOTICES TO BE SENT TO:
William Thomas
Street Superintendent
City of Kent Public Works Department
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5600 (telephone)
(253) 856-6600 (facsimile)
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
Assistant City Attorney
4.G.a
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: April 28, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: King County Metro RapidRide I Update
SUMMARY: King County Metro staff will give an update on the RapidRide I Line
which will connect Renton, Kent, and Auburn with RapidRide service and amenities.
The project is finalizing the preliminary engineering phase and moving into final
design. Metro staff will discuss projects identified to move into final design. The
basis for deciding which projects moved forward relied on extensive coordination
with City of Kent staff and conversations with the Kent community.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
4.H
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: April 28, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: King County Metro South Base Update
SUMMARY: King County Metro anticipates adding 2.5 million service hours and 625
new busses to its fleet by 2040. A new bus base is needed in South King County to
serve the transit needs of our region’s residents and businesses. To that end, King
County Metro is in the process of locating a suitable location for a new bus base in
South King County. Features of the new bus base include 100% electric busses,
potential for innovative design features, and the potential for mixed use
development. King County Metro has shortlisted the original list of 20 potential sites
to three sites, one location in Kent and two locations in Auburn.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
4.I
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ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: April 28, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: HB 1754 Concerning the Hosting of the Homeless
by Religious Organizations – Draft Ordinance – Hearing
Scheduled for May 5, 2020
SUMMARY: In March of 2020, the legislature passed, and the Governor signed into
law, HB 1754 which places significant limitations on the ability of counties and cities
to regulate homeless encampments and shelters on the property of religious
organizations.
However, these new limitations do not affect county or city policies and ordinances
that are in existence prior to the effective date of the act (June 11, 2020) so long
as they do not categorically prohibit the hosting of the homeless by religious
organizations and have not been previously ruled by a court to violate the federal
Religious Land Use and Institutionalized Persons Act (RLUIPA).
Amendments to such policies and ordinances that occur after the effective date of
the act are also not affected by the new limitations if they similarly do not
categorically prohibit hosting of the homeless and have not been previously ruled
by a court to violate RLUIPA.
The draft ordinance includes regulations written to ensure the safety of both the
residents of the temporary facilities and the residents of the neighborhoods in which
the facilities may be located. As currently drafted, the regulations will allow these
facilities in additional zoning districts with the approval of a Conditional Use Permit.
The required conditions of the permit are intended to reduce the impacts of these to
the neighborhood and ensure the safety and wellbeing of the temporary residents
the facilities are intended to serve. The conditions for emergency housing provided
within a building are different than those required of temporary outdoor shelters in
recognition of the differing impacts of each.
The ordinance provides that the current emergency housing programs provided
through the KentHOPE program, and the Home program sponsored by Catholic
Community Services are nonconforming uses that may continue in their current
format.
This ordinance will be set for public hearing on May 5, 2020, and council will be
asked to adopt the ordinance that evening. Staff is requesting input from Council
4.J
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during this Committee of the Whole meeting in order to make adjustments to the
ordinance prior to the public hearing.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Religious Orgs Hosting Homeless Ordinance 4.27.20 CLEAN for COW (PDF)
4.J
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1 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapters 15.04
and 15.02 of the Kent City Code to regulate
homeless encampments and shelters on the
property of religious organizations and in the
commercial and industrial zones.
RECITALS
A. On March 7, 2020, the Washington legislature passed HB 1754,
which places significant limitations on the ability of counties and cities to
regulate homeless encampments and shelters on the property of religious
organizations. The Governor signed the bill into law on March 31, 2020, and
the law becomes effective on June 11, 2020.
B. The new limitations do not affect county or city policies and
ordinances that are in existence prior to the effective date of the act so long
as they do not categorically prohibit the hosting of the homeless by religious
organizations and have not been previously ruled by a court to violate the
federal Religious Land Use and Institutionalized Persons Act (RLUIPA).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 15.04.020 of the Kent City Code
entitled “Residential land uses” is amended as follows:
4.J.a
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2 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
Sec. 15.04.020. Residential land uses.
Zoning Districts
Key
P = Principally Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
A-10
AG
SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
GC
I1
I2
I3
One single-family
dwelling per lot
P P P P P P P P P P P P P A
(1)
A
(1)
A
(1)
One duplex per lot
P
(27)
P
(27)
P
(27)
P
One modular home per lot
P P P P P P P P P P P P
Duplexes P
(27)
P
(27)
P
(27)
P
(22)
P P P P P
Multifamily townhouse units
P
(27)
P
(27)
P
(27)
P
(19)
(20)
P
(19)
(20)
P P P P
(2)
P
(4)
C
(5)
P P P P P
(2)
Multifamily dwellings
P
(26)
P
(26)
P P P P
(2)
P
(4)
C
(5)
P P P P P
(2)
Mobile
homes and manufactured
homes
P
Mobile home parks P
(13)
P
(13)
P
(13)
P
(13)
P
(13)
P
(13)
P
Group homes class I P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
Group homes class II-A C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
Group homes class II-B C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
Group homes class II-C C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
C
(32)
Group homes class III C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
C
(23)
(32)
Secure community transition
facilities23. 24
C
(23)
(24)
C
(23)
(24)
Communal residences P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
Rebuild/accessory uses for
existing dwellings
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
P
(6)
Transitional housing
P
(29)
P
(29)
P
(29)
P
(2)
P
(4)
C
(5)
P P P P P
(7)
C
(30)
P
(7)
C
(30)
Short-term rentals A
(34)
A
(34)
A
(34)
A
(34)
A
(34)
A
(34)
A
(34)
A
(34)
A
(34)
A
(34)
Farm worker accommodations A
(17)
A
(9)
A
(17)
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3 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
Zoning Districts
Key
P = Principally Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
A-10
AG
SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
GC
I1
I2
I3
Accessory
uses and structures customarily
appurtenant to a permitted use
A A A
(8)
(18)
A
(8)
(18)
A
(8)
(18)
A
(8)
(18)
A
(8)
(18)
A
(18)
A
(18)
A
(18)
A
(18)
A
(18)
A
(18)
A A A A A A A A A A A A
Accessory dwelling
units and guest cottages
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
A
(8)
(10)
Accessory living quarters A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
A
(14)
Live-work units P
(28)
Home occupations A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
A
(11)
Service buildings A
Storage of recreational vehicles A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
(16)
A
Drive-in churches C C C C C C C C C C C C C C C C C C C C C C C C
Emergency
housing; emergency shelter
C
(31)
C
(31)
C
(31)
C
(31)
C
(35)
C
(35)
C
(35)
C
(35)
C
(35)
C
(35)
C
(35)
C
(35)
C
(35)
C
(35)
C
(35)
C
(35)
Independent senior living
facilities
C C C C C P
(29)
P
(29)
P
(29)
P
(2)
C
(3)
P
(4)
C
(5)
P P P P C P
(2)
C
(3)
Assisted living facilities
C C C C C P
(29)
P
(29)
P
(29)
P
(2)
C
(3)
P
(4)
C
(5)
P P P P C P
(2)
C
(3)
Residential facilities with health
care
C C C C C P
(29)
P
(29)
P
(29)
P
(2)
C
(3)
P
(4)
C
(5)
P P P P C P
(2)
C
(3)
Designated manufactured
home
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
P
(25)
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4 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
SECTION 2. - Amendment. Section 15.04.030 of the Kent City Code
entitled “Residential land use development conditions” is repealed and
replaced with the following:
Sec. 15.04.030 Residential land use development conditions.
1. Dwelling units, limited to not more than one per establishment, for
security or maintenance personnel and their families, when located on the
premises where they are employed in such capacity. No other residential
use shall be permitted.
2. Multifamily residential uses, or other residential facilities where
allowed, are only permissible in a mixed use overlay and must be included
within a mixed use development.
3. Assisted living facilities, residential facilities with health care, and
independent senior living facilities, when not combined with commercial or
office uses, require a conditional use permit and are subject to the following
conditions:
a. Must be located within a half mile of publicly accessible
amenities in at least three of the following categories, as determined by the
economic and community development director. The distance shall be
measured as the shortest straight-line distance from the property line of the
proposed facility to the property line of the entities listed below:
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5 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
i. Public park or trail, as identified in the city’s most
recently adopted park and open space plan, or owned or maintained by any
agency of the state, or any political subdivision thereof;
ii. Preschool, elementary, or secondary school (public or
private);
iii. Indoor recreational center (community center, senior
center, physical recreation facility, bingo or casino hall);
iv. Church, religious institution, or other place of worship;
v. Cultural arts center (theater, concert hall, artistic,
cultural, or other similar event center);
vi. Retail services, including, but not limited to: medical
services; food and beverage establishments; shopping centers; or other
commercial services that are relevant (reasonably useful or germane) to the
residents of the proposed facility, as determined by the city’s economic and
community development director.
b. Alternatively, if the facility provides amenities in one or more
of the categories listed in subsection (3)(a) of this section on the ground
floor of the facility itself, oriented towards the public (meaning that they are
visible, accessible and welcoming), the number of other amenities to which
a half-mile proximity is required may be reduced, at the discretion of the
city’s economic and community development director.
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6 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
4. Multifamily residential uses, or other residential facilities where
allowed, when established in buildings with commercial or office uses, and
not located on the ground floor.
5. Multifamily residential uses, or other residential facilities where
allowed, when not combined with commercial or office uses.
6. Existing dwellings may be rebuilt, repaired, and otherwise changed
for human occupancy. Accessory buildings for existing dwellings may be
constructed subject to the provisions of KCC 15.08.160.
7. Transitional housing facilities, limited to a maximum of 20 residents
at any one time, plus up to four resident staff.
8. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
9. Farm dwellings appurtenant to a principal agricultural use for the
housing of farm owners, operators, or employees, but not accommodations
for transient labor.
10. Accessory dwelling units shall not be included in calculating the
maximum density. Accessory dwelling units are allowed only on the same
lot with a principally permitted detached single-family dwelling unit, and are
subject to the provisions of KCC 15.08.160 and 15.08.350.
11. Customary incidental home occupations subject to the provisions of
KCC 15.08.040.
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7 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
12. [Reserved].
13. Subject to the combining district requirements of the mobile home
park code, Chapter 12.05 KCC.
14. Accessory living quarters are allowed per the provisions of KCC
15.08.359.
15. [Reserved].
16. Recreational vehicle storage is permitted as an accessory use in
accordance with KCC 15.08.080.
17. Accommodations for farm operators and employees, but not
accommodations for transient labor.
18. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
19. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application for a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
20. All multifamily townhouse developments in an MR-T zone shall be
recorded as townhouses with ownership interest, as defined in KCC
15.02.525.1, prior to approval of a certificate of occupancy by the city.
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8 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
21. [Reserved].
22. One duplex per lot is permitted.
23. Secure community transition facilities are only permitted within the
boundaries depicted on the following map, and only with a conditional use
permit:
24. A secure community transition facility shall also comply with
applicable state siting and permitting requirements pursuant to Chapter
71.09 RCW. Secure community transition facilities are not subject to the
siting criteria of KCC 15.08.280 for class III group homes, but they are
subject to a 600-foot separation from any other class II or III group home.
In no case shall a secure community transition facility be sited adjacent to,
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9 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
immediately across the street or parking lot from, or within the line of sight
of risk-potential activities or facilities in existence at the time a site is listed
for consideration. Within line of sight means that it is possible to reasonably
visually distinguish and recognize individuals. For the purposes of granting
a conditional use permit for siting a secure community transition facility, the
hearing examiner shall consider an unobstructed visual distance of 600 feet
to be within line of sight. During the conditional use permit process for a
secure community transition facility, line of sight may be considered to be
less than 600 feet if the applicant can demonstrate that visual barriers exist
or can be created that would reduce the line of sight to less than 600 feet.
This distance shall be measured by following a straight line, without regard
to intervening buildings, from the nearest point of the property or parcel
upon which the proposed use is to be located, to the nearest point of the
parcel or property or the land use district boundary line from which the
proposed use is to be separated. For the purpose of granting a conditional
use permit for a secure community transition facility, the hearing examiner
shall give great weight to equitable distribution so that the city shall not be
subject to a disproportionate share of similar facilities of a statewide,
regional, or countywide nature.
25. A designated manufactured home is a permitted use with the
following conditions:
a. A designated manufactured home must be a new manufactured
home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the space from
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10 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
the bottom of the home to the ground shall be enclosed by concrete or an
approved concrete product that can be either load-bearing or decorative;
c. The designated manufactured home shall comply with all city
design standards applicable to all other single-family homes;
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
e. The designated manufactured home shall meet all other
requirements for a designated manufactured home as defined in RCW
35.63.160.
26. Multifamily dwellings shall be allowed only within the Kent downtown
districts outlined in the Downtown Subarea Action Plan and shall be
condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar
dwelling units with ownership interest and recorded as such prior to approval
of a certificate of occupancy by the city.
27. Within subdivisions, as defined by KCC 12.04.025, vested after March
22, 2007, or altered to comply with zoning and subdivision code
amendments effective after March 22, 2007, 25 percent of the total number
of permitted dwelling units may be duplex or triplex townhouse structures.
28. Live-work units; provided, that the following development standards
shall apply for live-work units, in addition to those set forth in KCC
15.04.190:
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11 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
a. The unit shall contain a cooking space and sanitary facility in
conformance with applicable building standards;
b. Adequate and clearly defined working space must constitute no
less than 50 percent of the gross floor area of the live-work unit. Said
working space shall be reserved for and regularly used by one or more
persons residing there;
c. At least one resident in each live-work unit shall maintain at all
times a valid city business license for a business on the premises;
d. Persons who do not reside in the live-work unit may be
employed in the live-work unit when the required parking is provided;
e. Customer and client visits are allowed when the required
parking is provided;
f. No portion of a live-work unit may be separately rented or sold
as a commercial space for a person or persons not living on the premises,
or as a residential space for a person or persons not working on the
premises;
g. [Reserved];
h. Construct all nonresidential space, to the maximum allowed, to
commercial building standards; and
i. Provide an internal connection between the residential and
nonresidential space within each unit.
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Re: Emergency Housing/Shelters
29. Subject to the maximum permitted density of the zoning district. For
assisted living facilities, residential facilities with health care, and
independent senior living facilities, each residential care unit is considered
one dwelling unit for purposes of density calculations.
30. Conditional use when the number of residents exceeds 20 at any one
time or more than four resident staff.
31. Emergency housing and emergency shelter facilities are allowed only
in conjunction with an approved conditional use permit.
a. General Conditions. Emergency housing and emergency shelter facilities
are subject to the following general conditions:
i. The emergency housing or shelter facility must be located on
the same lot as an actively operating church or similar religious institution.
ii. At the time of application for the conditional use permit, there
shall be no other approved emergency housing or shelter facility located
within one thousand (1,000) feet of the proposed emergency housing or
shelter facility site. For the purposes of this subsection, distance shall be
measured in a straight line between the closest property line of the existing
facility and the closest property line of the proposed facility. For purposes of
this section, if the city receives applications for proposed facilities that are
within one thousand (1,000) feet of each other, the first complete application
received by the City shall be given priority.
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Re: Emergency Housing/Shelters
iii. An emergency housing facility and an emergency shelter
facility may not be permitted on the same lot simultaneously.
iv. Emergency housing and shelter facilities shall be permitted to
operate for a maximum of 90 consecutive days, and there shall be a
minimum period of 90 consecutive days between operational periods during
which the emergency housing or shelter facility does not operate. The 90
day period of nonoperation shall apply to the operation of an emergency
housing facility followed by an emergency shelter facility and vice versa.
v. The building footprint of the emergency housing or shelter
facility cannot exceed the building footprint of the church or similar religious
institution that exists on the same lot.
vi. The church or similar religious institution on the same lot as
the emergency housing or shelter facility shall be primarily responsible for
the operation and maintenance of the facility itself, as well as the conduct
of the residents of the facility on and in the immediate vicinity of the lot, to
the maximum extent permitted by law, regardless of whether the
organization contracts with a third party for the provision of any services
related to the facility itself or its residents.
vii. The emergency housing or shelter facility shall comply with the
setbacks and landscaping requirements for churches, as identified in
KCC 15.08.020(A).
viii. The possession or use of illegal drugs at an emergency housing
or shelter facility or the property occupied by the facility is prohibited.
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Re: Emergency Housing/Shelters
ix. Emergency housing or shelter facilities shall be responsible for
the safety of residents of the facility, and shall establish a plan to remove
individuals who present a threat to other residents or the property of other
residents.
x. In the event of a public health emergency, the City may require
an emergency response plan that is in substantial compliance with relevant
guidance and requirements issued by Public Health - Seattle and King
County in response to the public health emergency.
xi. Emergency housing and shelter facilities must comply with all
applicable fire and building codes set forth in chapters 13.01 and 14.01 KCC.
xii. The church or religious institution must provide the City written
documentation of the following:
(a) A description of the proposed staffing and operational
characteristics, including confirmation of sanitation and basic safety
measures required for emergency shelters.
(b) A description of the proposed population to be served
and code of conduct to be observed including conflict resolution steps.
(c) Criteria for rejection or removal of an individual seeking
access to the facility.
(d) A plan for managing the exterior appearance of the
proposed site including trash/litter.
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Re: Emergency Housing/Shelters
(e) A phone number, email, and point of contact at the site
of the facility for the community to report concerns;
(f) A plan for addressing reported concerns and
documenting resolution, and making this information publicly
available.
(g) A proposed site plan showing compliance with all
requirements set forth in KCC 15.04.030(31) and applicable fire and
building codes set forth in chapters 13.01 and 14.01 KCC.
b. Emergency Housing Facilities - Additional Conditions. Emergency
housing facilities must operate pursuant to an agreement with the City,
approved by the Director of Economic and Community Development, and
are subject to the following additional conditions:
i. The emergency housing facility must be located within a
permanent, enclosed building.
ii. The emergency housing facility must be located on a lot that is
a minimum of one acre in size.
c. Emergency Shelter Facilities - Additional Conditions. Emergency
shelter facilities must be located within a temporary structure as described
below, and are subject to the following additional conditions:
i. Emergency shelter facilities are limited to a maximum sleeping
occupancy of 35 people. The design of the temporary structure shall include
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Re: Emergency Housing/Shelters
an occupant load factor of a minimum of 50 square feet per occupant and a
three-foot aisle around the entire inside perimeter of the tent.
ii. The emergency shelter facility must be located on a lot that is
a minimum of two acres in size.
iii. Emergency shelter facilities must be within a single, large
temporary enclosure, such as a tensile membrane structure, or within
multiple identical temporary enclosures, such as matching vinyl canvas
tents, that are a minimum of four hundred square feet in size. If the floor of
a temporary enclosure does not provide insulation from the ground, camping
cots or other off-ground sleeping structure must be provided. The use of
small, individual tents or makeshift structures including, without limitation,
those created with tarps or plastic is prohibited.
iv. Gasoline-powered generators are prohibited.
v. Smoking or open flames inside the temporary structure are
prohibited, and the use of portable heaters within personal tents is
prohibited. All heating equipment shall be in accordance with the adopted
fire code.
vi. Emergency shelter facilities shall provide sanitation and basic
safety measures including the following:
(a) One portable or permanent toilet per twenty persons at
a minimum, with a handwashing station at each toilet.
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Re: Emergency Housing/Shelters
(b) Rodent-proof litter receptacles and food storage
containers.
(c) Two large first-aid kits that include emergency eye wash
bottles.
(d) Two naloxone (Narcan) kits (staff must be trained in how
to administer).
(e) Secured area for dry supplies storage (blankets,
clothing, food, first-aid).
(f) Covered kitchen area at least twenty feet from any
sleeping areas, with handwashing and dishwashing stations stocked
with soap.
(g) Cleaning supplies including work gloves, disposable
gloves, trash grabber-tool, disinfectant, hand sanitizer, masks,
buckets, paper towels, etc.
(h) Feminine hygiene products.
(i) Three- to four-foot wide aisle between sleeping
structures so as to be ADA compliant and accessible by emergency
services personnel.
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18 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
32. The following restrictions apply to all group homes:
a. A group home is considered a single-family residential use and
shall not be combined with another residential use on the same parcel
including, but not limited to, a communal residence or short-term rental;
b. A city of Kent business license is required in accordance with
Chapter 5.01 KCC;
c. The applicant is responsible for obtaining required state
licenses and providing a copy of an up-to-date state license, or proof one is
not required by the state, to the city of Kent prior to approval of a city
business license;
d. Family members of the provider may live in the group home,
but such members are limited only to a spouse and children of the provider
or spouse, and are subject to the background check requirements of WAC
388-76-10161 and 388-73-10166; and
e. An accessory dwelling unit is permitted only if used as part of
the operation of a group home and may not be leased or sub-leased to a
separate family.
33. The following restrictions apply to all communal residences:
a. A city of Kent business license is required in accordance with
Chapter 5.01 KCC;
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19 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
b. No more than three rooms within the home or accessory
structure may be separately leased or sub-leased; and
c. Each room being leased or sub-leased shall have adequate
space, light, electricity, heating, emergency egress, a smoke detector, and
access to adequate sanitation and eating facilities pursuant to the
International Residential Code and International Property Maintenance Code
as adopted in Chapter 14.01 KCC. Adequate space means floor area of no
less than 70 square feet in size, no less than seven feet of ceiling height and
shall not have any horizontal dimension less than seven feet. Egress means
one emergency escape rescue opening at least 5.7 square feet, 24 inches
high and 20 inches wide.
34. The following restrictions apply to short-term rentals:
a. A city of Kent business license is required in accordance with
Chapter 5.01 KCC;
b. The home shall be occupied by the owner or a nontransient
tenant for at least six months of each year;
c. No more than three rooms within the home or accessory
structure may be offered as short-term rentals; and
d. The applicant is responsible for complying with the short-term
rental requirements of Chapter 64.37 RCW.
35. Emergency housing facilities are allowed only in conjunction with an
approved conditional use permit.
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20 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
a. General Conditions. Emergency housing facilities are also subject to
the following conditions:
i. The emergency housing facility must be located within a
permanent, enclosed building.
ii. The emergency housing facility must be located on a lot that is
a minimum of one acre in size.
iii. Emergency housing facilities must operate pursuant to an
agreement with the City, approved by the Director of Economic and
Community Development.
iv. At the time of application for the conditional use permit, there
shall be no other approved emergency housing or shelter facility located
within one thousand (1,000) feet of the proposed emergency housing facility
site. For the purposes of this subsection, distance shall be measured in a
straight line between the closest property line of the existing facility and the
closest property line of the proposed facility. For purposes of this section, if
the city receives applications for proposed facilities that are within one
thousand (1,000) feet of each other, the first complete application received
by the City shall be given priority.
v. Emergency housing facilities shall be permitted to operate for
a maximum of 90 consecutive days, and there shall be a minimum period of
90 consecutive days between operational periods during which the
emergency housing facility does not operate. The 90 day period of
nonoperation shall apply to the operation of any emergency housing facility
followed by an emergency shelter facility and vice versa.
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Re: Emergency Housing/Shelters
vi. The person or organization that owns the property shall be
primarily responsible for the operation and maintenance of the facility itself,
as well as the conduct of the residents of the facility on and in the immediate
vicinity of the lot, to the maximum extent permitted by law, regardless of
whether the person or organization contracts with a third party for the
provision of any services related to the facility itself or its residents.
vii. The emergency housing facility shall comply with the setbacks
and landscaping requirements for churches, as identified in KCC
15.08.020(A).
viii. The possession or use of illegal drugs at an emergency housing
facility or the property occupied by the facility is prohibited.
ix. Emergency housing facilities shall be responsible for the safety
of residents of the facility, and shall establish a plan to remove individuals
who present a threat to other residents or the property of other residents.
x. In the event of a public health emergency, the City may require
an emergency response plan that is in substantial compliance with relevant
guidance and requirements issued by Public Health - Seattle and King
County in response to the public health emergency.
xi. Emergency housing facilities must comply with all applicable
fire and building codes set forth in chapters 13.01 and 14.01 KCC.
xii. The owner or operator of the emergency housing facility must
provide the City written documentation of the following:
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Re: Emergency Housing/Shelters
(a) A description of the proposed staffing and operational
characteristics.
(b) A description of the proposed population to be served and code
of conduct to be observed including conflict resolution steps.
(c) Criteria for rejection or removal of an individual seeking access
to the facility.
(d) A plan for managing the exterior appearance of the proposed
site including trash/litter.
(e) A phone number, email, and point of contact at the site of the
facility for the community to report concerns;
(f) A plan for addressing reported concerns and documenting
resolution, and making this information publicly available.
(g) A proposed site plan showing compliance with all requirements
set forth in KCC 15.04.030(35) and applicable fire and building codes set
forth in chapters 13.01 and 14.01 KCC.
SECTION 3. - Amendment. Section 15.02.131 of the Kent City Code
entitled “Emergency Housing, emergency shelter” is repealed and replaced
with the following:
Sec. 15.02.131. Emergency housing facility, emergency
shelter.
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Re: Emergency Housing/Shelters
Emergency housing facility means a facility operated to provide temporary
housing within a permanent enclosed building for individuals who are
otherwise homeless and have no immediate living options available to them.
Emergency shelter means a temporary structure, not served by fixed
permanent utilities, operated to provide temporary shelter to individuals
who are otherwise homeless and have no immediate living options available
to them.
SECTION 4. – Existing Operations. In accordance with KCC
15.08.100, the programs referred to as the KentHOPE Women’s Overnight
Shelter and the HOME/WHOME programs sponsored by Catholic Community
Services, which provide emergency housing and safe parking at various
churches within the city of Kent on a rotating basis, are considered
nonconforming uses of the properties that have hosted these emergency
housing programs within the period of five years preceding January 1, 2020.
These nonconforming uses of the properties for emergency housing shall be
subject to the provisions of KCC 15.08.100 as now enacted or hereafter
amended or recodified; provided, that additional churches may be added to
the rotation of churches that provide emergency housing and safe parking
pursuant to the above programs upon written notice to the city; and
provided further, that emergency shelter facilities shall not be considered
nonconforming uses and must comply with the requirements of KCC
15.04.030. For the purposes of this section, the term emergency housing
shall have the meaning set forth in KCC 15.02.131 and safe parking shall be
subject to the provisions of RCW 35A.21.360(2)(g) as enacted pursuant to
House Bill 1754. The provisions of subsection KCC 15.04.030(31) and (35)
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24 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
shall not apply to severe weather shelters that are activated in partnership
with the city of Kent.
SECTION 5. – Severability. 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 6. – 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 7. – Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
4.J.a
Packet Pg. 118
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25 Amend Chapter 15.04/15.02 -
Re: Emergency Housing/Shelters
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
4.J.a
Packet Pg. 119
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