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HomeMy WebLinkAboutCity Council Committees - Operations Committee - 10/03/2017 (2) Unless otherwise noted, the Operations Committee meets at 4 p.m. on the first and third Tuesday of each month in Kent City Hall, Council Chambers East, 220 Fourth Ave S, Kent, WA 98032. For additional information please contact Jennifer Hays at 253-856-5700, or via email at jhays@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Operations Committee Agenda Councilmembers: Bill Boyce – Les Thomas – Dana Ralph, Chair October 3, 2017 4 p.m. Item Description Action Speaker Time Page 1. Call to order Chair Ralph 1 2. Roll Call Chair Ralph 1 3. Changes to the Agenda Chair Ralph 1 4. Approval of Check Summary Report dated 9/1/17 thru 9/15/17 YES Chair Ralph 5. Approval of Minutes dated September 19, 2017 YES Chair Ralph 2 1 6. Interagency Agreement to apply for and use grant funding for DUI operations and training - Recommend YES Tami Perdue 10 5 7. Director’s Report – Information Only NO Aaron BeMiller 5 27 8. This page intentionally left blank Operations Committee Minutes Approval Pending Page 1 of 3 Date: September 19, 2017 Time: 4:00 p.m. Place: Chambers East Attending: Bill Boyce, Les Thomas and Dana Ralph, Chair Agenda: 1. Call to Order. 2. Roll Call. 3. Changes to the Agenda. Item #11 Non-Represented Salary Survey – Information Only was added for continued discussion from the September 5 meeting. 4. Approval of Check Summary Reports dated 8/16/2017 thru 8/31/2017. L. Thomas moved to approve the check summary report dated 8/16/2017 thru 8/31/2017. B. Boyce seconded the motion, which passed 3-0. 5. Approval of Meeting Minutes dated September 5, 2017. B. Boyce moved to approve the Operations Committee meeting minutes dated September 5, 2017. L. Thomas seconded the motion, which passed 3-0. 6. Ordinance approving the indirect change of control of Astound Broadband, LLC d/b/a Wave Franchise – Recommend. Civil Attorney Christina Schuck asked members to move forward an indirect change of control ordinance. The indirect change of control is a result of Radiate Holdco, LLC (Radiate) entering into an agreement to acquire all of the outstanding membership interests of Wave Holdco, LLC (Wave), which is the parent company of Astound Broadband, LLC (Astound). The agreement is to operate a telecommunications system within the City. The original Ordinance No. 4144 went into effect April 2015 granting a nonexclusive telecommunications franchise to Astound. On May 18, 2017, Radiate entered into an agreement to acquire all outstanding membership of Wave, the parent company of Astound. L. Thomas moved to recommend Council adopt an Ordinance approving the resulting indirect change of control of the Astound Broadband, LLC d/b/a Wave franchise with conditions and establishing an effective date, subject to final approval by the city attorney. B. Boyce seconded the motion, which passed 3-0. 1 Operations Committee Minutes Approval Pending Page 2 of 3 7. Internal Financing – Phase 1 LID 363 Project – Recommend. Finance Director Aaron BeMiller brought forward a request to approve an internal loan of $3,200,000 to finance Public Works’ phase 1 of the LID 363 224th Street project. If approved by full Council, the loan will come from the Sewerage Operating Fund and will be paid back in installments of $350,306.58 over a period of ten years. The annual interest rate is to be the higher of 1.68 percent or the annualized interest rate earned on the investments in the Local Government Investment Pool. The loan request was initially presented at the September 11 Public Works Committee meeting as an information only item. B. Boyce moved to recommend Council adopt an ordinance approving the internal financing for Phase 1 of the LID 363 Project in an amount not to exceed $3,200,000. L. Thomas seconded the motion, which passed 3-0. 8. City of Kent Fund Balance Policy – Information Only. Mr. BeMiller provided members with the newly updated fund balance policy. In 2012, through Resolution 1859, councilmembers established and approved the financial policies which included fund balance policy language for several funds, including the general fund. Over the past year, finance staff has been working on updating the established 2012 fund balance policy by using the Government Finance Officers Association best practices, which includes periodic review to address areas in need of modification/clarification. The new fund balance policy establishes fund balance levels for city funds for the purpose of addressing unanticipated and non-recurring operational needs. The policy addresses the appropriate uses of fund balance, the need for repayment plans should fund balance fall below the minimum level, and the need for long-term financial planning in the event of operational restructuring necessitating the use of fund balances. The policy also sets the activities for which fund balance levels above the minimum balance at the end of the fiscal year may be used. 9. July Financial Report – Information Only. Mr. BeMiller reported an overall positive budget variance of $2.7 million. The 2017 budget reflects an expected use of $2.4 million of fund balance, including $2 million for Parks capital projects. The budgeted use of fund balance is offset by the positive budget variance of $2.7 million, creating a net surplus of $305,000. General Fund Reserves are estimated to end the year at $17.9 million, or 18.6 percent of estimated 2017 expenditures. The following highlights were reported: 2 Operations Committee Minutes Approval Pending Page 3 of 3 Revenues are estimated to end the year at nearly $2.6 million or 2.7 percent higher than budgeted. Expenditures through July show all departments are remaining fairly close to budget with an overall favorable budget variance of $172,000 or 0.2 percent. 10. Director’s Report – Information Only. Mr. BeMiller updated members on the State Auditor’s Office (SAO) two-part finding regarding the Brownsfield grant, they are:  Timely payments of bills from vendors: a department within the city was not doing that as timely as should be. Finance will be working with that department to continue to improve in that area.  Federal funded programs: staff has to ensure vendors being used are not on the suspension and disbarment list. The documentation that was needed to prove that step had been taken could not be located. Overall, both the City and SAO feel this was a good collaborative process to complete the audit. The exit conference was Friday, September 22. 11. Non-Represented Salary Survey – Information Only. Human Resources (HR) Director Marty Fisher provided information of what’s been learned since the September 5, 2017 non-represented salary survey presentation. The Labor Classification and Compensation division of the HR department have reviewed all processes and calculations related to salary. Two key discrepancies were found that need to be corrected, they are:  Two additional non-represented classifications were found to be under market average: a parks superintendent going up one range and four HR managers going up one range.  Processes used for calculating target market averages for AFSME salaries included flat increases. The non-represented calculations did not include the 2018 cost-of-living projections (flat increases). Once the flat increases were taken out of the AFSME salaries and recalculated it was found that nine AFSME positions need a one-range increase to bring up to market level. 12. Adjournment. The meeting was adjourned at 4:50 p.m. by D. Ralph. J. Hays Jennifer Hays Operations Committee Secretary 3 This page intentionally left blank 4 Office of the City Attorney Tom Brubaker, City Attorney Phone: 253-856-5770 Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032 DATE: October 3, 2017 TO: Operations Committee FROM: Tami Perdue, Chief Prosecuting Attorney SUBJECT: Interagency Agreement to apply for and use grant funding for DUI operations and training - Recommend MOTION: Move to recommend council authorize the Mayor to sign an interagency agreement, also to be signed by the Presiding Judge, between the Washington Traffic Safety Commission and Kent Municipal Court, subject to final contract terms and conditions acceptable to the city attorney and Kent Municipal Court. SUMMARY: On June 21, 2016, the Operations Committee indicated its support for the establishment of a DUI court at the Kent Municipal Court (KMC). The KMC wishes to enter into an interagency agreement with the Washington Traffic Safety Commission for grant funding for the DUI court. The grant funds will be used to cover operational costs of the DUI court, and will reimburse expenses of KMC, city prosecutors, public defenders, and probation officers. As a result, it is appropriate for council to approve the interagency agreement. The current grant fund request will cover the following items:  $10,540: 2018 NADCP Conference, Houston TX  $20,000: Alcohol and Drug Assessments  $69,123: Urinalysis Testing equipment and sample testing  $1000: Bus passes and transportation costs  $15,600: Interpreter costs  $500: Recognition and Rewards  $27,456: Non-benefited 24hr per week employee to assist with UA collection and case management Exhibits: Agreement; June 21, 2016 Informational Packet for Operations Committee Budget Impact: None for 2017-2018. There may be a budgetary impact in 2020. 5 This page intentionally left blank 6 TYHil,IS ã*!¡rìiiiâ ìâ¿rr{ Tl}íi:f ia*rfålæ{xTra?iJ{ *axl&*k¡ T1ì11* INTERAGENCY AGREEMENT BETWEEN ÏHE WASHINGTON TRAFFIC SAFETY COMMISSION AND City of Kent THIS AGREEMENï is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as 'WTSC," and City of Kent, hereinafter referred to as "SUB-RECIPIENT.' NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1. PURPOSE OF THEAGREEMENT: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Catalog of Federal Domestic Assistance (CFDA) #20.608, for traffic safety grant project AG -1826-Kent Municipal DUI Court, 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than October 1 , 2017 , and remain in effect until September 30, 2018 unless terminated sooner, as provided herein. 3. STATEMENT OF WORK The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statement of Work (SOW). Summary; Proposal Detaíls: Kent Municipal Court has implemented a therapeutic DUI court utilizing the 10 guiding principles page 1 of 17 7 established by the National Center for DUI Courts. Our target population of high risk/high need offenders will be better served through our DUI court, which will utilize intensive supervision and monitoring, with an emphasis on treatment and recovery in order to reduce recidivism, reduce traffic fatalities and injuries, and reduce the cost of lengthy incarcerations. Problems to be addressed: DUI offenders with multiple prior convictions pose a serious danger to our community. Currently, our jurisdiction uses incarceration as the sole means of protecting our community from these offenders. This model does not address the underlying issues of dependency and addiction and therefore does not create long term success for the defendant or the community. Our DUI court will reduce traffic fatalities and injuries caused by drivers under the influence of alcohol and/or drugs, by reducing recidivism for out most dangerous offenders. Use of DUI courts is considered a proven strategy to control repeat offenders under the Target Zero Plan. By focusing our attention on high risk/high need offenders, we believe we will have the most success in reach long term adherence to recovery and thereby increase public safety and decrease recidivism. Goals of the Project: Utilize a therapeutic DUI court to address the danger that high need/high risk offenders pose to our community. Continued development and operation of a DUI court is critical as long-term incarceration does not reduce recidivism for those who have an alcohol/dependence diagnosis. DUI court will emphasize treatment and intense supervision for our participants and hence improve their adherence to recovery, while increasing community safety, Operate a comprehensive and intensive program to reduce the incidence of impaired driving. This will be accomplished through immediate screening, timely and accurate alcohol/drug assessments, mandatory sentencing into DUI court, and intense supervision and monitoring of repeat DUI offenders in accordance with Washington State's TrafficZero Plan (5.18). This goalwill achieve reductions in recidivism for high need/high risk offenders by integrating the criminal justice system and treatment systems to reach greater participant success in recovery; provide intensive court and probation supervision by incorporating frequent alcohol and drug testing, and lastly to establish a financial support system to provide resources to participants on an as needed basis for the initial alcohol/drug assessments, transportation, alcohol and drug testing, and other various from of support identified. Shift our current court culture away from lengthy jail sentences towards focusíng on recovery through individualized treatment success, thereby reducing the average number of days served in jail for these offenders while improving public safety and offender accountability. Strategies Used to Accomplish our Goals Continued development of our specialized therapeutic DUI court, utilizing the 10 guiding principles emphasized at our training and assuring fidelity to the DUI court model (Target Zero 5.1.A2). Develop and strictly adhere to a system of centralized screening, assessment, referral and monitoring system for high need/high risk DUI target population. Ongoing self-assessment of program efficiency through frequent team strategy meetings, participant feedback and continued training. Objective 1:Reduce the average length of stay in jail for high risk/high need offenders to less lhan 242 days. Deliverable 1a. Early identification of DUI court eligible participants Deliverable 1b. Collaborate with outside agencies for global resolutions on outstanding criminal charges Completed by: 912812018 Measures: Average length of stay for 3rd offense DUI less lhan 242 days in Kent Municipal Court jail Objective 2: Reduce the time between the arrest date and treatment entry date for high risk/high need offenders to less than 150 days. page 2 o1 17 8 Deliverable 2a. Early identification of DUI court eligible participants Deliverable 2b. Arrange for timely alcohol and drug assessments while participants are in custody servicing their mandatory minimum sentences Completed by: 912812018 Deliverable 2c. Direct hire or contract with a chemical dependency evaluator to provide thorough, trusted and timely alcohol and drug evaluations Competed by:612912018 Measure: Participants enter into alcohol and drug treatment within 150 days from date of arrest Objective 3: ldentify and capture critical program data for evaluation by working in conjunction with the team, input from Shannon Carey, and assistance from NCDC and future training's. Deliverable 3a: Locate and collaborate with a DUI court evaluator to assure we have identified and are collecting the critical data necessary to support our program Completed by: 912812018 Measure: Prepare statistical analysis of program participants from 1010112017 through 0913012018 Objective 4: Forge three community partnerships to assure participant support and program sustainability Deliverable 4a: ldentify community partners who are willing to collaborate with DUI court Deliverable 4b: Vet best matches for community needs and DUI participant needs Deliverable 4c: Memorialize joint commitment to DUI court with community partners Completed by: 912812018 Measure: Results of collaboration with new community partners 3.1. MILESTONES AND DELIVERABLES Milestone OR Deliverable Description Reduce the average length of stay in jail for high risk/high need offenders to less lhan 242 days Reduce the time between the arrest date and treatment entry date for high risk/high need offenders to less than 150 days ldentify and capture critical program data for evaluation by working in conjunction with the team, input from Shannon Carey, and assistance from NCDC and future trainings. Forge three community partnerships to assure participant support and program sustainability Completed by Date 09t28t2018 09t28t2018 09t28t2018 09t28t2018 3.2. COMPENSATION page 3 of 17 9 3.2.1. Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed $144,219.00. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. 3.2.2.|f lhe SUB-RECIPIENT intends to charge indirect costs, an lndirect Cost Rate must be established in accordance with WTSC policies, and a federally-approved cost allocation plan may be required to be submitted to the WTSC before any performance is conducted under this Agreement. 3.3, SUMMARY OF PROJECT COSTS Employee salary and benefits: Part time 24 hours non'benefited employee to assist in UA collection and provide case management services to DUI court participants $22.00 per hour/$27,456 annual Budget Category Total $27,456 Travel: NADCP Training in Houston Texas, 2018 $7,040 Contract Services: Alcohol and drug evaluations $20,000 Urinalysis supplies $25,923 Urinalysis Testing $43,200 lnterpreter Services $1 5,600 Budget Category Total $104,723 Good and Other Expenses Registration for NADCP Training in Houston $3,500 Bus passes and other means of transpoilation services $1,000 UMMARY OF COSTS AMOUNT $27,456.00 $7,040.00 $104,723.00 mployee salaries and benefìts: (includes in-state and out-of-state travel) Services (usually ínvolves a 3rd party service provider) uipment (listed in the table below) oods or other expenses (examples: office/printing supplies, postage, software, conference registration fees)$5,000.00 $0.00 $144,219.00 ndirect Costs page 4 of 17 10 Award and Recognition items $500 (ltems under this category must be pre-approved by the WTSC) Budget Category Total $5000 GRAND TOTAL $144,219.00 - *the original grant awarded included a $3290.00 allocation to pay for a probation officer to obtain her CDP Certification. Since the grant award, the probation officer has changed her mind and we are not seeking these funds. Hence the difference between lhe original $147,509.00 request and the new total of $144, 21 9.00. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB-RECIPIENT will submit quarterly reports and a final report on the activity of this project in the form provided by the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre-approved by WTSC. The SUB-RECIPIENT will include copies of publications, trainíng reports, and any slatistical data generated in project execution in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. 5. ADVANCE PAYM ENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTE ONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7. ALL WRITINGS AIN HEREINFI] This Agreement contains all the terms and conditions agreed upon by the partíes. No other understandings, oral or othenvise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. page 5 of 17 11 8. ASSIGNMENT The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures lf any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9, ATTORNEYS'FEES ln the event of litigation or other action brought lo enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted using a standard Form A-19 provided by WTSC or its pre-approved equivalent. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2018, must be received by WTSC no later than August 10, 2018, Al I invoices for goods received or services performed between July 1, 2018, and September 30, 2018, must be received by WTSC no later than November 15, 2018. 1 1. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not d¡rectly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the righl, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. page 6 of 17 12 14. DISPUTES 14.1, Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision. 14.2. Pertormance During Dispute. Unless othen¡vise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved, 15. GOVERNANCE 15,1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15,2. ln the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1, Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreemenl 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.9., sale of publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 17, INDEMNIFICATIO N 17.1.To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's per{ormance or failure to perform any aspect of the Agreement. This indemnity provision pageT of17 13 applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident lo the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontraclors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. fhe SUB-RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, íts officers, employees, or agents. 17.3. The indemnification and hold harmless provision shall survive lermination of this Agreement. 1 8. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 19. INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, lndustrial lnsurance, if required by law 19.2. ll the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.9., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20, LICENS I NG, ACCREDITATION, AN D REGISÏRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB-RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE page I of 17 14 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law, All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration, The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21 .2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notíce to the furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 22. RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal lnformation according to the Health lnsurance Portability and Accountability Act of 1996 (HIPAA)or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-RECIPIENï shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal lnformation obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1, WTSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC S101 et seq., and shall be owned by the state of Washington. Work Product íncludes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer progrâms, films, tapeé, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. lf for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof, 23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will page9ofl7 15 determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 25. SEVERABILITY lf any provision of this Agreement or any provision of any documenl incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26, SITE SECURITY While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB- RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. 28. TERMINATION FOR CAUSE lf the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or failure. ln the event that the SUB-RECIPIENT is gíven the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29, TERMINATION FOR CONVENIENCE Except as othen¡vise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. lf this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination, page 10 of 17 16 30 TREATMENT OF ASSEÏS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB- RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-REC¡PIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement, 30.3, The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6, All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub- contractors, 31. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement, APPLICABLE Certifications and Assurances for Highway Safety Grants (23 CFR PART 1300 Appendix A): 32. BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313)when purchasing items using federalfunds page11of17 17 Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufaclured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. ln order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation, 33. DEBARMENT AND SUSPENSION lnstructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300 33,2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. lf it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the departmenl or agency with which this transaction originated may pursue available remedíes, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WïSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, debarment, suspension, ineligible, lowertier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "lnstructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered page 12 oÍ 17 18 transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of parties Excluded from Federal Procurement and Non-procurement Programs. 33,8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part I, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.1 1. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG.FREE WORKP ACT OF 1988 (41tJ S C 81031 34.1. The SUB-RECIPIENT shall 34.1 .1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1 .2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB- RECIPIENT's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. page 13 of 17 19 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 34.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or othenvise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1 .6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 35. FEDERAL FUNDING ACCOUNTABI AND TRANSPARFNCY ACT IFFATAì ln accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the lnternal Revenue Code of 1986. 36, FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1,1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1 .2.lf any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete page 14 of 17 20 and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-granls, and contracts under grant, loans, and cooperative agreements), and that all sub- recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of thís certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION 37,1, During the performance of this Agreement, the SUB-RECIPIENT agrees 37 .1 ,1 . To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 2'l and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37 .1 .4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contracVagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contracVagreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1 .5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub- contract or sub-agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACÏ) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S,C. 1501-1508), which limit the political activities of page 15 of 17 21 employees whose principal employment activ¡t¡es are funded in whole or in part with federal funds. 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body, Such activities include both direct and indirect (e.9., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41, DËSIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: 42. AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. lN WITNESS WHEREOF, the parties have executed this Agreement. The Contact for the SUB-RECIPIENT is:The Contact for WTSC is: Tami Perdue tperdue@kentwa.gov 253-856-5776 Edica Esqueda eesqueda@wtsc.wa.gov 360-725-9886 ext. City of Kent page 16 of 17 22 Signature Printed Name Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date page 17 of 17 23 This page intentionally left blank 24 KENT OFFICE OF THE CITY ATTORNEY Tom Brubaker, City Attorney Phone: 253-856 -5770 Fax: 253-856-6770W^gHtÈGroN Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: June 21,20L6 TO: Operations Committee SUBJECT: DUI Court - Information Only fnformation Only SUMMARY: Kent Municipal Court wants to establish a DUI Therapeutic Court, which would be the first municipal DUI Court in Washington State. DUI courts are criminal justice courts that bring together drug and alcohol treatment and the criminal justice system with the goal of reducing recidivism in DUI offenders. Approximately 400 DUI courts and over 2000 drug court operate in the United States. The main goal of a DUI court is to create safer roads and save lives by reducing or eliminating repeat DUI offenses. These courts utilize increased supervision, frequent alcohol monitoring, and driver's license reinstatement plans. Prosecutors and defense attorneys modify their traditional adversarial roles to support treatment and supervision needs of program participants. DUI courts have been shown to be effective in reducing recidivism (in DUI and other crimes) and in reducing taxpayer costs due to fewer re-arrests, less jail time and less time in prison (Carey, S.M., Fuller,8.,E., Kissick, K.,Taylor, E,, &Zold-Kilbourn, P. (2008). Michigan DUI Courts Outcome Evaluation, final report, submitted to Michigan Supreme Court.) It is anticipated that our court would target individuals who have been charged with a DUI related offense and have two or more príor DUI related offenses in their criminal history. These repeat offenders would enter into DUI Court post-conviction. In 2015, there would have been 41 people who would have been eligible for DUI Court, Between January 1 - May 29,2OL6,117 DUI related cases were filed in Kent Municipal Court. Of those 117 cases, 15 defendants had two or more prior DUI or DUI related convictions in their criminal history. o 7 with two priors 25 Operations Committee June 21, 2016 Page: 2 o 3 with three priors o 4 with four prior o 1 with five priors o 1 included a prior Vehicle Homicide (DUI) in the history Funding is currently available to the City to pay for the development of a DUI Court. The Washington Traffic Safety Commission (WTSC) has funding available to us for training and startup funds. The Kent Municipal Court will receive funding to send a team to observe a court in Washington (likely Spokane District Court) and to send a team (Judge; Probation Officer; Prosecutor; Defense Attorney) to three day training in California towards the end of 2016. The cost of the out of state training will likely be $12,000-$16,000. WTSC would also assist with startup funds, which for the first year is estimated to be $50,000 - $75,000. Those funds could start as early as October 2076. These funds would be used to pay for increased drug testing, drug and alcohol assessments, and other costs incurred from increased supervision. After the initial observation/training and startup cost investment by the WTSC, Kent would then submit a project proposal to the WTSC (RFP opens L2/20L6) for FFY18 which starts October L, 20L7 . At that point, we would request the amount of funding we believed necessary for the first full year of DUI Court operation. Average requests for this first year are in the $75,000 range. It's hard to say how much Kent will need the first year. The following is an example of a common DUI court WSTC funding grid. This is a draft outline of what the budget could look like for a Kent DUI Court. Date Fundinq details Funding Amounts (Approximate amounts - Neqotiable) Present Date - September 2Ot7 Observation of operational DUI Court Training (out of state) Planning Startup costs 65K October 20L7 - September 2018 First full year operational DUI Court 50-100k October 2018 - September 20L9 Second year 50-75k October 20L9 - September 2020 Third year 35-60k Grant proposals for funding consideration after September 202O could be negotiated, but would go through the standard grant review process. Exhibits: none Budget Impact: There may be a budgetary impact beginning in 2020 26 FINANCE DEPARTMENT Aaron BeMiller, Director Phone: 253-856-5260 Fax: 253-856-6255 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: October 3, 2017 TO: Operations Committee FROM: Aaron BeMiller, Director SUBJECT: Director’s Report – Information Only MOTION: Information Only SUMMARY: The Finance Director will report out financial or operational item(s). BUDGET IMPACT: n/a BACKGROUND: n/a 27 This page intentionally left blank 28