HomeMy WebLinkAboutCity Council Committees - Public Safety Committee - 09/13/2016 (2) Public Safety Committee Agenda
Councilmembers: Dana Ralph – Les Thomas – Jim Berrios, Chair
September 13, 2016
4:30 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Berrios 1
2. Roll Call Chair Berrios 1
3. Changes to the Agenda Chair Berrios 1
4. Approval of Minutes, dated July 12, 2016 YES Chair Berrios 5 1
5. Jail Food Services Agreement with CFM -
Recommend
YES Commander
McCuistion
10 7
6. 2016 SAMHSA Drug Free Communities
Grant – Recommend
YES Sara Wood 10 85
7. Interlocal Agreement Valley Narcotics
Enforcement Team – Recommend
YES Assistant Chief
Padilla
10 97
8. Parking of Vehicles on City Streets –
Ordinance Clarifying Use of Weight Rating
– Recommend
YES Tammy White 10 125
9. National Night Out – Information Only NO John Pagel 15 137
10. Police Chief’s Update – Information Only NO Chief Thomas 10 139
Unless otherwise noted, the Public Safety Committee meets at 4:30 p.m. on the second
Tuesday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032.
For additional information please contact Kim Komoto at 253-856-5788 or via email at
kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk’s
Office at 253-856-5725 in advance. For TDD relay service call Washington
Telecommunications Relay Service at 1-800-833-6388.
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 13, 2016
TO: Public Safety Committee
SUBJECT: Agreement with Consolidated Food Management, Inc. – Recommend
MOTION: Recommend the Mayor sign a goods and services agreement
with Consolidated Food Management, Inc., for food services at the
correctional facility, subject to final contract terms and conditions
acceptable to the police chief and city attorney.
SUMMARY: The Correctional Facility has contracted with Consolidated Food
Management (CFM) for inmate meal services for the past 30-years and has been
extremely satisfied with their production of meals and the professionalism of their
on-site staff.
CFM oversees the production of an average of 2,500 inmate meals per week that
are prepared on site. Additionally, CFM works closely with the city’s medical staff to
create and prepare meals for inmates with special medical diet needs. Special
meals are also prepared to accommodate inmates with religious needs.
During the procurement process, the city sought quotes from both ARAMARK and
CFM in addition to contacting local jurisdictions to compare the contract provisions
and rates. ARAMARK’s per meal cost came in at $2.12/inmate and CFM’s per meal
cost ranged from $1.55-$1.65 and was dependent on the number of inmates.
There was no increase in contract rates in the past five years. This new contract
includes rate increases as follows:
2016 – 1.5% Increase from 2015 term
2017 – 1.5% Increase from 2016 term
2018 – 1% Increase from 2017 term
2019 and 2020 – No increase
EXHIBITS: Goods and Services Agreement
Budget Impact: Budgeted for 2016 – 2017.
Subject to approval of the 2018-2020 budgets
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 13, 2016
TO: Public Safety Committee
SUBJECT: 2016 SAMHSA Drug Free Communities Grant - Recommend
MOTION: Recommend Council authorize the Mayor to accept the Drug Free
Communities Support Program grant from the Substance Abuse and Mental
Health Services Administration in the amount of $125,000, to sign all necessary
documents, to amend the budget and authorize expenditure of the grant funds in
accordance with the grant’s terms and conditions.
SUMMARY: The City of Kent has been awarded this competitive federal Drug Free
Communities Grant by the Department of Health and Human Services and the Office of
National Drug Control Policy.
This is the grant’s second five-year term, which is funded separately each year. Kent has
been awarded $125,000 for the federal fiscal year of September 30, 2016, through
September 29, 2017, which represents the eighth year of the overall ten year grant. This
grant project requires a 125% match, which the City will mostly achieve through the cost
of salaries and benefits of those City staff members who work on the grant project.
The grant funds will be used for drug and alcohol prevention activities identified by the
Kent Drug Free Coalition and Kent Police youth board projects, including the Game of Life
youth conference.
Exhibit: Notice of Award
Budget Impact: Matching funds achieved through the payment of salary and benefits.
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Notice of Award
DFC Issue Date: 08/31/2016
Department of Health and Human Services
Substance Abuse and Mental Health Services Administration
Center for Substance Abuse Prevention
Grant Number: 5H79SP020419-08
FAIN: SP020419
Program Director: Stacy Judd
Project Title: DFC
Grantee Address
CITY OF KENT
Stacy Judd
City of Kent
220 4th Avenue South
Kent, WA 980325895
Business Address
Kenneth Thomas
Chief of Police
Kent Police Department
220 4th Avenue South
Kent, WA 980325895
Budget Period: 09/30/2016 – 09/29/2017
Project Period: 09/30/2014 – 09/29/2019
Dear Grantee:
The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of
$125,000 (see “Award Calculation” in Section I and “Terms and Conditions” in Section III) to CITY OF
KENT in support of the above referenced project. This award is pursuant to the authority of Drug-Free
Communities Act of 1997 Public Law 105-20 and is subject to the requirements of this statute and
regulation and of other referenced, incorporated or attached terms and conditions.
Award recipients may access the SAMHSA website at www.samhsa.gov (click on “Grants” then SAMHSA
Grants Management), which provides information relating to the Division of Payment Management
System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your
grant number for reference.
Acceptance of this award including the “Terms and Conditions” is acknowledged by the grantee when
funds are drawn down or otherwise obtained from the grant payment system.
If you have any questions about this award, please contact your Grants Management Specialist and your
Government Project Officer listed in your terms and conditions.
Sincerely yours,
Roger George
Grants Management Officer
Division of Grants Management
See additional information below
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SECTION I – AWARD DATA – 5H79SP020419-08
Award Calculation (U.S. Dollars)
Salaries and Wages $12,282
Fringe Benefits $1,505
Personnel Costs (Subtotal)$13,787
Supplies $25,175
Consortium/Contractual Cost $65,421
Travel Costs $13,880
Other $6,737
Direct Cost $125,000
Approved Budget $281,250
Federal Share $125,000
Non-Federal Share $156,250
Cumulative Prior Awards for this Budget Period $0
AMOUNT OF THIS ACTION (FEDERAL SHARE)$125,000
SUMMARY TOTALS FOR ALL YEARS
YR AMOUNT
8 $125,000
9 $125,000
10 $125,000
*Recommended future year total cost support, subject to the availability of funds and satisfactory
progress of the project.
Fiscal Information:
CFDA Number:93.276
EIN:1916001254A2
Document Number:14SP20419A
Fiscal Year:2016
IC CAN Amount
SP C96R655 $125,000
IC CAN 2016 2017 2018
SP C96R655 $125,000 $125,000 $125,000
SP Administrative Data:
PCC: DFC / OC: 4145
SECTION II – PAYMENT/HOTLINE INFORMATION – 5H79SP020419-08
Payments under this award will be made available through the HHS Payment Management
System (PMS). PMS is a centralized grants payment and cash management system, operated by
the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries
regarding payment should be directed to: The Division of Payment Management System, PO Box
6021, Rockville, MD 20852, Help Desk Support – Telephone Number: 1-877-614-5533.
The HHS Inspector General maintains a toll-free hotline for receiving information concerning
fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1-
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800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General,
Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW,
Washington, DC 20201.
SECTION III – TERMS AND CONDITIONS – 5H79SP020419-08
This award is based on the application submitted to, and as approved by, SAMHSA on the
above-title project and is subject to the terms and conditions incorporated either directly or by
reference in the following:
a. The grant program legislation and program regulation cited in this Notice of Award.
b. The restrictions on the expenditure of federal funds in appropriations acts to the extent
those restrictions are pertinent to the award.
c. 45 CFR Part 75 as applicable.
d. The HHS Grants Policy Statement.
e.This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW.
Treatment of Program Income:
Additional Costs
In accordance with the regulatory requirements provided at 45 CFR 75.113 and Appendix XII to
45 CFR Part 75, recipients that have currently active Federal grants, cooperative agreements,
and procurement contracts with cumulative total value greater than $10,000,000 must report and
maintain information in the System for Award Management (SAM) about civil, criminal, and
administrative proceedings in connection with the award or performance of a Federal award that
reached final disposition within the most recent five-year period. The recipient must also make
semiannual disclosures regarding such proceedings. Proceedings information will be made
publicly available in the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)). Full reporting requirements
and procedures are found in Appendix XII to 45 CFR Part 75.
SECTION IV – SP Special Terms and Conditions – 5H79SP020419-08
REMARKS:
This award reflects approval of the budget submitted on January 22, 2016 as part of the
continuation application.
Failure to comply with the remarks, terms, conditions, or reporting requirements may
result in a draw down restriction being placed on your Payment Management System
account or denial of future funding.
Acceptance of the Terms of an Award: By drawing or otherwise obtaining funds from the grant
payment management system, the recipient acknowledges acceptance of the terms and
conditions of the award and is obligated to perform in accordance with the requirements of the
award. In doing so, your organization must ensure that you exercise prudent stewardship over
Federal funds and that all costs are allowable, allocable and reasonable. If the recipient cannot
accept the terms, the recipient should notify the Grants Management Officer within thirty (30)
days of receipt of this award notice.
Certification Statement: By drawing down funds, the recipient certifies that proper financial
management controls and accounting systems, to include personnel policies and procedures,
have been established to adequately administer Federal awards and funds drawn down.
Recipients must comply with all terms and conditions outlined in their Notice of Award (NoA),
including grant policy terms and conditions contained in applicable HHS Grant Policy
Statements, and requirements imposed by program statutes and regulations and HHS grants
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administration regulations, as applicable; as well as any regulations or limitations in any
applicable appropriations acts.
Program Overview: The Drug-Free Communities (DFC) Support Program is a collaborative
effort between the Office of National Drug Control Policy (ONDCP) and the Substance Abuse
and Mental Health Services Administration (SAMHSA). ONDCP issues grant awards to
community coalitions through an interagency agreement with SAMHSA. According to the Drug-
Free Communities Act of 1997, the purpose of DFC funding is to address two major goals: 1)
establish and strengthen collaboration among communities, public and private non-profit
agencies, and Federal, state, local and tribal governments to support the efforts of community
coalitions, and 2) reduce substance use among youth and, over time, among adults.
While responsibility rests with the recipient for achieving the primary goals of the program,
SAMHSA shall monitor and provide continuing technical assistance, consultation, and
coordination in the execution of the project during the funding period. You can find additional
details about the support available to you as a recipient on the program's website at
http://www.whitehouse.gov/ondcp/Drug- Free-Communities-Support-Program.
In addition to these Terms and Conditions and the applicable statutes and regulations, recipients
are bound by the HHS Grants Policy Statement, which can be accessed
at:http://beta.samhsa.gov/grants/grants-management/policies-regulations and all requirements in
the Funding Opportunity Announcement (FOA) for the FY 2016 Drug-Free Communities (DFC)
Support Program available at http://www.samhsa.gov/grants/grant-announcements/sp-16-001.
Role and Responsibility of the Recipient: For the purposes of the DFC Program, a recipient is
either a coalition that has received a grant or is an outside agent that is serving as the grant
award recipient on behalf of a community coalition. The following Statutory Eligibility
Requirements must be met each year while the coalition is funded by the DFC Program. Failure
to meet any one of these requirements is considered non-compliance with grant regulations. See
the DFC Program’s Progressive Discipline and Appeals Process at
https://www.whitehouse.gov/ondcp/information-for-current-grantees#Progressive.
Statutory Eligibility Requirements for all DFC-funded coalitions (if you are the recipient for a
separate coalition, you are still responsible for ensuring all eligibility criteria are met by the
coalition):
The coalition must have at least one representative from the required 12 sectors, as
outlined in the FOA and the Drug-Free Communities Act of 1997;
The coalition must maintain meeting minutes that demonstrates it is a unique entity that
has substantial involvement from its members and is working toward to the two goals of
the DFC Program;
The coalition must address multiple (more than one) drugs in its annual 12-Month Action
Plan for each year of funding;
The coalition must have as its principal mission the reduction of youth substance use;
The coalition has not received 10 years of DFC funding; and
The coalition must capture and provide specific data as required by the DFC National
Evaluation.
The recipient must be an entity eligible to receive Federal funds;
The recipient must not request more than $125,000 per year;
The recipient must document the level of non-Federal match defined in the DFC Act; and
The recipient can only be awarded one DFC grant at a time.
Other Requirements for all DFC Recipients (coalitions or outside agents):
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The recipient must continue implementing the specific goals and objectives outlined in
their approved application for DFC funding. The recipient must develop a funding plan that
ensures (1) the required match of requested Federal funds and (2) to solicit substantial
financial support from non-Federal sources for sustainability purposes.
The key personnel, Grant Recipient, (Program Director, and Project Coordinator of the
DFC-funded coalition must participate in DFC Me (https://dfcme.ondcp.eop.gov/).
The recipient must use the Strategic Prevention Framework (SPF), a five step evidence
based process for community planning and decision making.
The recipient must plan and implement the appropriate environmental strategies as part of
their 12-Month Action Plans.
Requirements for Recipients in Year 3 and 7: The coalition must submit via DFC Me a
Strategic Plan for Sustainability with the February Progress Report in the start of years 3
and 7 of DFC funding.
Administrative and National Policy Requirements: Awards issued through SAMHSA
Funding Opportunity Announcements are subject to the uniform administrative
requirements and cost principles of 45 CFR Part 75 - Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.
An application funded with the release of federal funds through a grant award does not
constitute, or imply, compliance with federal regulations. Funded organizations are
responsible for ensuring that their activities comply with all applicable federal regulations.
Progressive Discipline and Appeals Process: If for any reason you do not comply with
the applicable terms, conditions, rules and regulations for the DFC Program, your grant
will be subject to the Progressive Discipline and Appeals Process developed by ONDCP
and SAMHSA. There are three progressive discipline actions that can be taken: 1) High
Risk status, 2) Suspension, and 3) Termination. Failure to comply with special Terms and
Conditions may also result in a financial drawdown restriction on your Payment
Management System account or denial of funding in the future.
An overview of this plan and the complete explanation and procedures are posted on the
Drug- Free Communities Support Program website at
http://www.whitehouse.gov/ondcp/Drug-Free-Communities-Support- Program
Restrictions on Recipient Lobbying: (c) Title 18 > Part I > Chapter 93 > Section 1913:
No part of the money appropriated by any enactment of Congress shall, in the absence of
express authorization by Congress, be used directly or indirectly to pay for any personal
service, advertisement, telegram, telephone, letter, printed or written matter, or other
device, intended or designed to influence in any manner a Member of Congress, a
jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or
otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after
the introduction of any bill, measure, or resolution proposing such legislation, law,
ratification, policy, or appropriation; but this shall not prevent officers or employees of the
United States or of its departments or agencies from communicating to any such Member
or official, at his/her request, or to Congress or such official, through the proper official
channels, requests for any legislation, law, ratification, policy, or appropriations which they
deem necessary for the efficient conduct of the public business, or from making any
communication whose prohibition by this section might, in the opinion of the Attorney
General, violate the Constitution or interfere with the conduct of foreign policy, counter-
intelligence, intelligence, or national security activities.
Violations of this section shall constitute as a violation of section 1352 (a) of title 31.
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SPECIAL TERMS OF AWARD:
1. The recipient must receive and expend non-Federal matching funds as required in the
Funding Opportunity Announcement (FOA) and the Drug-Free Communities Act. In-kind support
(i.e., donations, volunteer time, etc.) may also be used to satisfy the match requirement.
2. The recipient must comply with the DFC National Evaluation requirements. ONDCP requires
all recipients to collect core measures data specific to the geographic area designated in the
approved application. The core measures data collection size must be sufficient to provide an
accurate and meaningful statistical representation of the people being surveyed in each of the
geographical areas served by the coalition. DFC recipients are required to provide data every
two years on the following core measures for alcohol, tobacco, marijuana, and prescription drugs
for three grades (6th-12th). Please see Reporting Requirement section for more details.
The recipient is responsible for providing these core measures data every two years on or before
the deadline established for each reporting period as highlighted on the program website at
http://www.whitehouse.gov/ondcp/Drug-Free-Communities-Support-Program. Failure to meet
established deadlines could result in the GPO placing the recipient on High-Risk status, which
could lead to an eventual suspension or termination of the grant for failure to comply with
reporting requirements. ONDCP reserves the right to change measures for effective and
meaningful evaluation of the program.
3. When requested, the recipient must develop a Corrective Action Plan (CAP) and complete the
approved plan within the designated timeframe designated by the GPO. The Corrective Action
Plan must be designed to address identified deficiencies in performance and/or in the conditions
contributing or causing the identified unsatisfactory performance.
4. Recipients are required to adhere to all the sections of the Roles and Responsibilities of the
Recipient, as outlined in earlier sections of the Notice of Award (NoA).
5. The recipient must continue to meet the Statutory Eligibility Requirements, as required by the
FY 2016 FOA (http://www.samhsa.gov/grants/grant-announcements/sp-16-001) and the Drug-
Free Communities Act during each year of funding.
6. Requests to carryover funds from one fiscal year to another are due to the GMO by the first
Monday in February. All such requests must include existing budget line item detail and
carryover line item detail and a copy of the coalition meeting minutes showing coalition approval
of the request.
7. The lead paid "key" staff, Program Director, and Project Coordinator of the DFC-funded
coalition must participate in DFC Me so that he/she receives information from ONDCP DFC Staff
on a regular basis. This includes submitting the lead paid "key" personnel contact information, as
well as the contact information of one member from each of the required 12 sectors. The lead
paid "key" personnel is required to discuss the use of DFC Me with sector members chosen to
represent each sector, so that they understand their role in distribution of information sent to
them. Information sent to specific sectors will always be sent to the lead paid "key" personnel.
8. The DUNS number recipients use on their application must be registered and active in the
System for Award Management (SAM) which can be accessed at https://www.sam.gov.
Recipients must update their SAM information at least every 12 months to maintain an active
account.
STANDARD TERMS OF AWARD:
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1. This award is subject to The Uniform Administrative Requirements, Cost Principles, and
Audit Requirements in 45 CFR Part 75, as adopted and implemented by the Office of National
Drug Control Policy (ONDCP) in 2 C.F.R. Part 3603. For this 2016 award, 45 CFR Part 75
requirements supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as
well as those of 2 C.F.R. Parts 215, 220, 225, and 230.
For more information on 45 CFR Part 75 Requirements, see https://cfo.gov/cofar/. For specific,
award-related questions, recipients should contact their SAMHSA Grants Manager Office
promptly for clarification.
2. This award is subject to the following additional regulations and requirements:
28 CFR Part 69 – “New Restrictions on Lobbying”
2 CFR Part 25 – “Universal Identifier and System of Award Management”
Conflict of Interest and Mandatory Disclosure Requirements
Non-profit Certifications (when applicable)
3. Recipients must adhere to all applicable requirements of the Consolidated and Further
Continuing Appropriations Act, 2015, Pub. L. No. 114-113, signed into law on Dec 18,
2015, which can be found in the Funding Opportunity Announcement (FOA).
4. Recipients must comply with drug-free workplace requirements in Subpart B (or
Subpart C, if the recipient is an individual) of part 382, which adopts the Government
wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act
of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
5. Recipients must comply with the implementation, monitoring, and evaluation of the
accepted goals, milestones, and expected outcomes as reflected in both the 12-Month
Action Plan and the RFA. All requirements specified around grant implementation and four
core measures data collection must be followed.
6. Recipients must receive and expend non-Federal matching funds as required in the
FOA and the Drug-Free Communities Act. In-kind support (i.e., donations, volunteer
time, etc.) may also be used to satisfy the match requirement.
7. Recipients must comply with the DFC National Evaluation requirements. ONDCP
requires all recipients to collect core measures data specific to the geographic area
designated in the approved application. The core measures data collection size must be
sufficient to provide an accurate and meaningful statistical representation of the people
being surveyed in each of the geographical areas served by the coalition.
8. Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 CFR 2) are
applicable to any information about alcohol and other drug abuse patients obtained by a
program (42 CFR 2.11) if the program is Federally-assisted in any manner (42 CFR
2.12b). Accordingly, all project patient records are confidential and may be disclosed and
used only in accordance with (42 CFR 2). The recipient is responsible for assuring
compliance with these regulations and principles, including responsibility for assuring the
security and confidentiality of all electronically transmitted patient material.
9. Accounting Records and Disclosure: Awardees and sub-recipients must maintain
records which adequately identify the source and application of funds provided for
financially assisted activities. These records must contain information pertaining to grant
or sub-grant awards matching funds and in-kind support, and authorizations, obligations,
unobligated balances, assets, liabilities, outlays or expenditures, and income. The
awardee, and all its sub-recipients, should expect that SAMHSA, or its designee, may
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conduct a financial compliance audit and on-site program review of grants with significant
amounts of Federal funding. Please reference the Reporting Requirements section for
Audit Requirements.
10. Recipients must disclose, in a timely manner, in writing to the Federal awarding
agency or pass-through entity all violations of Federal criminal law involving fraud, bribery,
or gratuity violations potentially affecting the Federal award. Failure to make required
disclosures can result in any of the remedies described in §200.338 Remedies for
noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31
U.S.C. 3321).
11. Grant funds cannot be used to supplant current funding of existing activities. Under
the HHS Grants Policy Directives, 1.02 General-Definition: Supplant is to replace funding
of a recipient's existing program with funds from a Federal grant.
12. The recommended future support as indicated on the NoA reflects total costs (direct
plus indirect). Funding is subject to the availability of Federal funds, the demonstration of
matching funds, and acceptable documentation of the progress of the grant.
13. As required by the Federal Funding Accountability and Transparency Act of 2006, this
new award is subject to the subaward and executive compensation reporting requirement
of 2 CFR Part 170. Although the full text of this regulation is attached, you may access the
language online at https://www.fsrs.gov/ .
14. Per (45 CFR 75) and the HHS Grants Policy Statement, any copyrighted or
copyrightable works developed under this shall be subject to a royalty-free, non-exclusive
and irrevocable license to the government to reproduce, publish, or otherwise use them
and to authorize others to do so for Federal government purposes. Income earned from
any copyrightable work developed under this grant must be used as program income.
15. Program Income accrued under the award must be accounted for in accordance with
(45 CFR Part 75.307) as applicable. Program income must be reported on the Federal
Financial Report, Standard Form 425.
16. No HHS funds may be paid as profit (fees) per (45 CFR Part 75.215 (b)).
17. This award is subject to the requirements of Section 106 (g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the award term,
go to: http://www.samhsa.gov/grants/grants-management/policies-regulations/additional-
directives.
18. Items that require prior approval from the awarding office as indicated in 45 CFR Part
75 must be submitted in writing to the Grants Management Officer (GMO), SAMHSA. Only
responses to prior approval requests signed by the GMO are considered valid. Recipients
who take action on the basis of responses from other officials do so at their own risk. Such
responses will not be considered binding by SAMHSA. Post Award Changes and
instructions may be found at www.samhsa.gov then click on "grants", then "grant".
19. The recipient is required to notify the Government Program Official (GPO) in writing if
the Program Director (PD) or key personnel specifically named in the NoA will withdraw
from the project entirely, be absent from the project during any continuous period of 3
months or more, or reduce time devoted to the project by 25 percent or more from the
level that was approved at the time of award (for example, a proposed change from 40
percent effort to 30 percent or less effort). SAMHSA must approve any alternate
arrangement proposed by the recipient, including any replacement of the PD or key
personnel named in the NoA.
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Key staff (or key staff positions, if staff has not been selected) are listed below:
Stacy Judd, Project Director @ 20% level of effort
Sara Wood, Project Coordinator @ 80% level of effort
20. Where a conference is funded by a grant or cooperative agreement the recipient must
include the following statement on all conference materials (including promotional
materials, agenda, and Internet sites): Funding for this conference was made possible (in
part) by (insert grant or cooperative agreement award number) from ONDCP and
SAMHSA. The views expressed in written conference materials or publications and by
speakers and moderators do not necessarily reflect the official policies of the Executive
Office of the President, the Office of National Drug Control Policy, or the Department of
Health and Human Services; nor does mention of trade names, commercial practices, or
organizations imply endorsement by the U.S. Government.
21. Recipients must comply with the requirements of the National Historical Preservation
Act and EO 13287, Preserve America. The HHS Grants Policy Statement provides
clarification and uniform guidance regarding preservation issues and requirements (pages
I-20, "Preservation of Cultural and Historical Resources). Questions concerning historical
preservation, please contact SAMHSA's Office of Program Services, Building, Logistics
and Telecommunications Branch at 240-276-1001.
22. Executive Order 13410: Promoting Quality and Efficient Health Care in Federal
Government Administered or Sponsored Health Care Programs promotes efficient
delivery of quality health care through the use of health information technology,
transparency regarding health care quality and price, and incentives to promote the
widespread adoption of health information technology and quality of care. Accordingly, all
recipients that electronically exchange patient level health information to external entities
where national standards exist must: (refer recipient to link to access information)
Use recognized health information interoperability standards at the time of any HIT system
update, acquisition, or implementation, in all relevant information technology systems
supported, in whole or in part, through this agreement/contract. Please consult
http://www.hhs.gov/healthitfor more information; and
Use recognized health information interoperability standards at the time of any Health
Information Technology (HIT) system update, acquisition, or implementation, in all
relevant information technology systems supported, in whole or in part, through this
agreement/contract. Please consulthttp://www.healthit.gov for more information.
REPORTING REQUIREMENTS:
DFC Me is the Drug-Free Communities (DFC) Support Program’s new interactive system
designed to improve communication and help your coalition better manage its DFC grant.
DFC Me is also your one-stop shop for submitting Semi-Annual Progress Report, sharing best
practices, receiving the latest program and training updates, and also provides you with the
ability to request technical assistance.
DFC recipients are required to provide data every two years on the following core measure for
alcohol, tobacco, marijuana and prescription drugs for three grades (6th-12th):
Past 30-day use
Perception of risk or harm
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SAMHSA NGA D | Version: 6 - 07/14/2016 11:41:00 | Generated on: 08/31/2016 19:14:28
Perception of parental disapproval of use
Perception of peer disapproval of use
Completion of the DFC Semi-Annual Progress Report requires in part that DFC recipients report
activity data within each strategy type. DFC recipients may enter activity data into the DFC Me
system throughout the reporting period as activities are completed. It is the responsibility of the
recipient to know when core measure data is required and to enter it at the proper time (every
two years starting with baseline collection year).
Friday, February 17, 2017
Friday, August 18, 2017
Annual Coalition Classification Tool:
In addition, all DFC recipients must complete the Coalition Classification Tool (CCT) once per
year:
Friday, August 18, 2017
Financial Reports:
Federal Financial Report (FFR) – (Standard Form 425) is required on an annual basis and must
be submitted no later than 90 days after the end of the budget period. The FFR should only
include those funds authorized and disbursed during the timeframe covered by the report.
Audit Reports:
Audit requirements for Federal award recipients are detailed at 45 CFR Part 75 Subpart F
http://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=1&ty=HTML&h=L&r=PART&n=pt45.1.75#sp45.1.75.f
Failure to comply with the above stated terms and conditions may result in suspension,
termination of this award or denial of funding in the future. See the DFC Program’s
Progressive Discipline and Appeals Process at
https://www.whitehouse.gov/ondcp/information-for-current-grantees#Progressive.
All responses to special terms and conditions of award and post award requests may be
electronically mailed to the Grants Management Specialist and to the Program Official as
identified on your Notice of Award.
It is essential that the Grant Number be included in the SUBJECT line of the email.
ALL PREVIOUS TERMS AND CONDITIONS REMAIN IN EFFECT UNTIL SPECIFICALLY
APPROVED AND REMOVED BY THE GRANTS MANAGEMENT OFFICER.
CONTACTS:
Gerald Rojas, Program Official
Phone: 240-276-0597 Email: Gerlad.Rojas@samhsa.hhs.gov
Erwin Morales, Grants Specialist
Phone: (240) 276-1425 Email: erwin.morales@samhsa.hhs.gov Fax: (240) 276-1430
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 13, 2016
TO: Public Safety Committee
SUBJECT: Valley Narcotics Enforcement Team Interlocal Agreement –
Recommend
MOTION: Recommend the Mayor sign an interlocal agreement between
the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of
Seattle for the continuance of the Valley Narcotics Enforcement Team,
subject to final terms and conditions acceptable to the police chief and city
attorney.
SUMMARY:
The cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle
wish to continue their membership in the Valley Narcotics Enforcement Team
(“VNET”) that is part of the Drug Enforcement Administration Task Force. The
VNET is a multi-jurisdictional team that investigates and enforces criminal laws
relating to controlled substances. The objective of the VNET is to provide enhanced
and more efficient use of personnel, equipment, budgeted funds, and training.
The minimum term of this Agreement is one year effective upon its adoption. This
Agreement shall automatically renew for consecutive one-year terms without action
of the Council of the participating jurisdictions, and unless and until terminated.
Kent provides various personnel to participate on the VNET team, including a team
supervisor and an officer to perform investigative work. Kent also provides the
office manager for the team for which Kent receives reimbursement.
EXHIBITS: Interlocal Agreement (Clean and redline versions)
Budget Impact: None
S:\PUBLIC\City Clerk's Office\City Council\Council Committees\Public Safety Committee\2016\September\091316_ILA VNET Motion.docx
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INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE
PORT OF SEATTLE FOR THE
VALLEY NARCOTICS ENFORCEMENT TEAM
I. PARTIES
The parties to this Agreement are the cities of Auburn, Federal Way, Kent,
Renton, and Tukwila, and the Port of Seattle.
The Valley Narcotics Enforcement Team is assigned to the Drug Enforcement
Administration (“DEA”) Task Force.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08
of the Revised Code of Washington.
III. PURPOSE
The parties desire to establish and maintain a multi-jurisdictional team to
effectively investigate and enforce the criminal laws relating to controlled
substances.
IV. FORMATION
There is hereby established a multi-jurisdictional team to be hereafter known
as the Valley Narcotics Enforcement Team (“VNET”), the members of which
shall be the cities of Auburn, Federal Way, Kent, Renton, and Tukwila, and
the Port of Seattle. The future admission or elimination of a jurisdiction as a
member of VNET may be accomplished by an addendum to this Agreement.
V. STATEMENT OF PURPOSE
Municipalities within the Puget Sound region have experienced an increase in
urbanization and population densities. The ability to address crimes
associated with controlled substances may stretch the resources of individual
police department specialty units.
Prior to the formation of VNET, law enforcement efforts directed at dealing
with controlled substances crimes were, for the most part, conducted by law
enforcement agencies working independently. A multi-jurisdictional effort to
handle specific and complicated narcotic investigations has resulted in more
effective pooling of personnel, the improved utilization of scarce funds, a
reduction in the duplication of equipment, improved training, and a
development of specialized expertise. The formation of VNET has resulted in
improved services for all of the participating entities, increased safety for
officers and the community, and improved cost effectiveness.
VI. TEAM OBJECTIVES
Personnel from each participating jurisdiction who are assigned to VNET will
form a combined investigation team (“Team”). Each police officer is assigned
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to the Team via this Agreement, and to the DEA through individual
jurisdiction agreements with DEA.
The objective of the VNET shall be to provide enhanced and more efficient
use of personnel, equipment, budgeted funds, and training. The combined
Team or individual detectives shall respond as able and as approved by the
DEA Supervisor when requested by any of the participating agencies. VNET
may be available to outside law enforcement agencies as permitted by laws
relating to mutual aid and as approved by the DEA.
VII. DURATION/TERMINATION
The minimum term of this Agreement shall be one year, effective upon its
adoption. This Agreement shall automatically renew, and VNET shall
automatically continue in existence, for consecutive one year terms without
action of the legislative bodies of the participating jurisdictions, and unless
and until terminated pursuant to the terms of this Agreement.
A jurisdiction may withdraw its participation in VNET by providing written
notice of its withdrawal, and serving such notice upon each Executive Board
member of the remaining jurisdictions. A notice of withdrawal shall become
effective 90 days after service of the notice on all participating members.
The withdrawal of an individual jurisdiction from VNET shall not result in the
termination of VNET.
In the event that VNET withdraws its participation in the DEA Task Force, this
Agreement, and thus VNET, shall remain in effect unless terminated as
provided herein.
VNET may be terminated by a majority vote of the Executive Board or by
action of the legislative bodies of the participating jurisdictions. Any vote for
termination by the Executive Board shall occur only when the police chief of
each participating jurisdiction is present at the meeting in which such vote is
taken.
VIII. TASK FORCE AGREEMENT
Unless VNET is terminated, on an annual basis, each Board member shall
affirm its jurisdiction’s continued participation in VNET for the following year.
Upon affirmation of the participation of each jurisdiction, VNET shall execute
a task force agreement affirming the continuation of agency participation in
VNET, and such task force agreement shall, on an annual basis, be forwarded
to the US Department of Justice, Asset Forfeiture Money Laundering Section.
IX. GOVERNANCE
The affairs of the VNET shall be governed by an Executive Board (“Board,”)
whose members are composed of the police chief, or his/her designee, from
each participating jurisdiction. One member of the Board shall be elected by
the Board to serve as Chair. Each member of the Board shall have an equal
vote on all Board decisions. All Board decisions shall be made by a majority
vote of the Board members, or their designees, appearing at the meeting in
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which the decision is made. A majority of Board members, or their
designees, must be present at each meeting for any action taken to be valid.
The Board shall meet monthly, unless otherwise determined by the Board.
The Chair, or any Board member, may call extra meetings as deemed
appropriate. The Chair shall provide no less than 48 hours’ notice of all
meetings to all members of the Board; PROVIDED, that in emergency
situations, the Chair may conduct a telephonic meeting or a poll of individual
Board members to resolve any issues related to such emergency.
X. PERSONNEL
The following personnel shall serve at the pleasure of the Board. Personnel
may be removed for any reason by majority vote of the Board.
Team Supervisor: A Team Supervisor with the rank of sergeant or equivalent
from his/her respective jurisdiction shall be appointed by the Board. The
Team Supervisor shall act as the first level supervisor for the team and shall
report directly to the VNET Chair.
Office Manager: The VNET Office Manager shall be provided by the City of
Kent on a reimbursable basis and shall work under the direction of the Board.
The Office Manager reports directly to the Team Supervisor and is
responsible for unit accounting, reports, office support, and other duties as
appropriate.
VNET Detectives: Each jurisdiction shall contribute one full-time
commissioned officer to perform investigation work for the Team.
Attorney: While King County is not a participating jurisdiction, King County
will provide an attorney who shall be a de-facto member of the Team. The
King County Prosecutor's Office shall select and interview candidates and
make a recommendation to the Executive Board. The Executive Board will
make the selection after considering the recommendation. The attorney will
be responsible for reviewing and filing cases, wire orders, search warrants,
the prosecution of forfeiture cases, and other prosecutorial services as
needed.
Employees of Contributing Jurisdictions: The personnel assigned to the Team
shall be considered an employee of the contributing jurisdiction. That
jurisdiction shall be solely and exclusively responsible for the compensation
and benefits for that employee. All rights, duties, and obligations of the
employer and the employee shall remain with that individual jurisdiction and
none of the rights, duties, and obligation of the employing jurisdiction shall
shift to VNET or any other participating jurisdiction. Each jurisdiction shall be
responsible for ensuring compliance with all applicable laws with regard to
employees, and with provisions of any applicable collective bargaining
agreements and civil service rules and regulations of the employing
jurisdiction.
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XI. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall provide the equipment of its participating
VNET personnel. Each jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its
participating VNET personnel. Each jurisdiction shall provide sufficient funds
to provide for the training of its participating VNET personnel.
The equipment, supplies, and training provided by each jurisdiction to its
personnel participating in VNET shall be equal to those provided by the other
participating jurisdictions.
The Board shall be responsible for purchasing VNET-owned equipment.
Equipment purchased using VNET funds or forfeited property deemed owned
by VNET shall remain the property of VNET unless the Board transfers it to a
participating jurisdiction. The Board will ensure a record of the transaction is
maintained. The Board must approve any joint capital expenditure for VNET
equipment of $1,500.00 or more. Approval for capital expenditures of less
than $1,500.00 may be authorized by the VNET Chair.
XII. FINANCIAL REQUIREMENTS
VNET utilizes a Fiscal Agent for all account transactions and accounting. One
of the participating jurisdictions will provide the services of the Fiscal Agent
as approved by the Board.
The VNET operating budget relies primarily on three funding sources: State
and Federal Grants, VNET assets forfeited at the state and federal levels, and
funds provided by the participating jurisdictions.
Federal Grant funds are administered by the state and follow the state
budget cycle of July 1 through June 30 of the following year. VNET shall
request monthly reimbursements of expenses until the awarded amount is
exhausted. Once the Federal Grant has been exhausted, forfeited assets will
be used to pay expenses for the remainder of the budget cycle.
VNET shall prepare a budget each year that estimates the grant funds
available, and each participating jurisdiction shall provide VNET with the
annual cost to assign an officer and other approved personnel to the unit. A
jurisdiction’s annual contribution is then divided by 12 and credited towards
the monthly salary and benefits of the jurisdiction’s participating personnel.
All other expenses are paid for by VNET utilizing either Grant funds or
forfeited assets. The Board shall agree upon a date each year by which time
it will notify the participating jurisdictions of each jurisdictions’ expected
contribution.
The DEA contribution to VNET includes providing office space, storage space,
parking, and phone service at no cost to VNET jurisdictions.
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XIII. DISTRIBUTION OF SEIZURE FUNDS
The VNET Board provides oversight of seized and forfeited assets via the
Fiscal Agent. Forfeited assets may be distributed to participating agencies
when deemed appropriate by the Board. The Board will endeavor to maintain
adequate financial resources to fund ongoing operations of the VNET.
XIV. DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of VNET, each participating jurisdiction shall retain sole
ownership of the equipment purchased and provided for its participating
VNET personnel.
Any VNET assets shall be equally divided among the participating jurisdictions
at the asset's fair market value upon termination. The value of the assets of
VNET shall be determined by using commonly accepted methods of valuation.
If two or more participating jurisdictions desire an asset, the final decision
shall be made by arbitration (described below). Any property not claimed
shall be declared surplus by the Board and disposed of pursuant to state law
for the disposition of surplus property. Proceeds from the sale or disposition
of any VNET property, shall, after payment of any and all costs of sale or
debts of the jurisdiction, be equally distributed to those jurisdictions
participating in VNET at the time of termination. In the event that one or
more jurisdictions terminate their participation in VNET, but VNET continues
to exist, the jurisdiction terminating participation shall be deemed to have
waived any right or title to any property owned by VNET or to share in the
proceeds at the time of termination.
Arbitration pursuant to this section shall occur as follows:
a. The jurisdictions interested in an asset shall select an Arbitrator to
determine which jurisdiction will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the
jurisdictions participating in VNET upon termination shall meet to
determine who the Arbitrator will be. The Arbitrator may be any
person not employed by the jurisdictions that desire the property.
b. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or written
presentation to the Arbitrator in support of its position.
c. At the conclusion of the presentation, the Arbitrator shall determine
which jurisdiction is to receive the property. The decision of the
Arbitrator shall be final and shall not be the subject of appeal or
review.
XV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of VNET
without the threat of being subject to liability to one another, and to fully
cooperate in the defense of any claims or lawsuits arising out of or connected
with VNET actions that are brought against the jurisdictions. To this end, the
participating jurisdictions agree to equally share responsibility and liability for
the acts omissions of their participating personnel when acting in furtherance
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of this Agreement. In the event that an action is brought against any of the
participating jurisdictions, each jurisdiction shall be responsible for an equal
share of any award for or settlement of claims of damages, fines, fees, or
costs, regardless of which jurisdiction or employee the action is taken against
or which jurisdiction or employee is ultimately responsible for the conduct.
The jurisdictions shall share equally regardless of the number of jurisdictions
named in the lawsuit or claim or the number of officers from each jurisdiction
named in the lawsuit or claim. This section shall be subject to the conditions
and limitations set forth in subsections A through G below.
A. Jurisdiction Not Involved in VNET Response. In the event a jurisdiction
or its personnel were not involved in VNET response to the incident
that gives rise to a claim or lawsuit, and judgment on the claim or
lawsuit does not, in any manner, implicate the acts of a particular
jurisdiction or its personnel, such jurisdiction shall not be required to
share responsibility for the payment of the judgment or award.
B. Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require
indemnification or sharing in the payment of any judgment against any
VNET personnel for intentionally wrongful conduct that is outside of the
scope of employment of any individual or for any judgment of punitive
damages against any individual or jurisdiction. Payment of any award
for punitive damages shall be the sole responsibility of the jurisdiction
that employs the person against whom such award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain
joint legal counsel to collectively represent and defend the jurisdictions
in any legal action. Those jurisdictions retaining joint counsel shall
share equally the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorney fees accrued by
its individual representation or defense.
Each jurisdiction and its respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested,
and making VNET members available for depositions, discovery,
settlement conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee
from a lawsuit by summary judgment, qualified immunity, or
otherwise, the jurisdiction shall nonetheless be required to pay its
equal share of any award for or settlement of the lawsuit; PROVIDED,
however, that in the event a jurisdiction or employee is removed from
the lawsuit and Subsection A of this section is satisfied, the jurisdiction
shall not be required to pay any share of the award or settlement.
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E. Settlement Process. It is the intent of this Agreement that the
jurisdictions act in good faith on behalf of each other in conducting
settlement negotiations on liability claims or lawsuits so that,
whenever possible, all parties agree with the settlement or, in the
alternative, agree to proceed to trial. In the event a claim or lawsuit
requires the sharing of liability, no individual jurisdiction shall be
authorized to enter into a settlement agreement with a claimant or
plaintiff unless all jurisdictions agree with the terms of the settlement.
Any settlement made by an individual jurisdiction without the
agreement of the remaining jurisdictions, when required, shall not
relieve the settling jurisdiction from paying an equal share of any final
settlement or award.
F. No Waiver of Title 51 RCW . This section shall not be interpreted to
waive any defense arising out of Title 51 RCW.
G. Insurance. The failure of any insurance carrier or self-insured pooling
organization to agree to or follow the terms of this section shall not
relieve any individual jurisdiction from its obligations under this
Agreement.
XVI. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating
jurisdiction or its employees for actions arising out of their conduct in support
of VNET operations, the jurisdiction shall promptly notify the other
jurisdictions that the claim or lawsuit has been initiated. Any documentation,
including the claim or legal complaints, shall promptly be provided to each
participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction
would be liable for a claim, settlement, or judgment that arises from a VNET
action or operation, shall have the burden of notifying each participating
jurisdiction of all claims, lawsuits, settlements, or demands made to that
jurisdiction. In the event a participating jurisdiction has a right, pursuant to
Section XV of this Agreement, to be defended and held harmless by another
participating jurisdiction, the jurisdiction having the right to be defended and
held harmless shall promptly tender the defense of such claim or lawsuit to
the jurisdiction that must defend and hold the other harmless.
XVII. PROCESSING OF CLAIMS
A. Designation of Lead Jurisdiction
There shall be a lead jurisdiction for processing a claim that is filed
with and against cities for alleged damages and injuries that occur as a
result of VNET activities. The lead jurisdiction shall be the jurisdiction
within which the action subject to the claim occurred; PROVIDED, that
in the event the jurisdiction within which the action subject to the
claim occurred did not participate in the action subject to the claim,
the lead jurisdiction shall be the jurisdiction within which the VNET
investigation or response originated. In the event that a jurisdiction
that was not involved in the action subject to the claim receives the
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claim, that jurisdiction shall notify the other jurisdictions in accordance
with Section XVI of this Agreement, and shall use its best efforts to
determine who the appropriate lead jurisdiction is.
B. Assistance of VNET Supervisor
The Team Supervisor shall assist the lead jurisdiction in responding to
a claim. The Team Supervisor shall be responsible for gathering all
records relating to claim. These records shall include, but are not
limited to, incident reports, notes, transcripts, photos, evidence logs,
recorded statements, documents from emergency dispatch centers,
and warrants from all jurisdictions that participated in the action
subject to the claim. The Team Supervisor shall also provide a list of
personnel who participated in the action subject to the claim and their
contact information. The Team Supervisor shall deliver all copies of
the records to the lead jurisdiction promptly upon request.
C. Claims of $5,000 or Less
i. Lead Jurisdiction Responsibilities
The lead jurisdiction shall be responsible for working with the
Team Supervisor to gather records relating to the action subject
to the claim. The lead jurisdiction shall provide records to its
insurance provider and shall assist its insurance provider in
assessing liability for acts associated with the claim. The lead
jurisdiction shall notify the other jurisdictions of any
determinations as to liability. In determining whether a claim
should be paid, the lead jurisdiction and its insurance provider
shall, at a minimum, consider the potential legal defenses to the
claim and the costs of defending the claim.
ii. Liability Determination – Apportionment of Damages
The lead jurisdiction, with the assistance of its insurance
provider, shall determine whether VNET is liable for damages set
forth in a claim, and whether the payment of the claim would be
in the best interest of the jurisdictions and/or VNET. In the
event the lead jurisdiction determines that payment of a claim of
$5,000 or less is appropriate, such determination shall be final
and binding upon other jurisdictions and payment shall be
apportioned equally among all jurisdictions that participated in
the action subject to the claim. The insurance provider for the
lead jurisdiction shall provide full payment to the claimant, and
each jurisdiction that participated in the VNET action that is the
subject of the claim shall reimburse the insurance provider for
its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on
behalf of all jurisdictions participating in VNET and each and
every officer, agent, or volunteer of those participating
jurisdictions.
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In the event the lead jurisdiction determines that VNET is not
liable for damages set forth in a claim or that the payment of
the claim would not be in the best interest of the jurisdictions
and/or the VNET, the lead jurisdiction shall notify the other
jurisdictions of the determination, and such determination shall
be binding on the other jurisdictions; PROVIDED, another
jurisdiction that determines that payment is appropriate may
pay such claim in full, and shall not seek reimbursement from
the other participating jurisdictions.
iii. Letter From Insurance Adjusters
In the event the lead jurisdiction, in conjunction with its
insurance provider, determines that payment of a claim of
$5,000 or less is appropriate, the insurance provider shall
provide each of the participating jurisdictions with a letter
stating the determination and the bases for such determination.
D. Claims over $5,000
i. Lead Jurisdiction Responsibilities
The lead jurisdiction shall schedule a meeting with all
jurisdictions participating in VNET to discuss a claim over $5,000
and to determine the appropriate manner in which to respond
and/or defend the claim. The Board and persons listed in
Section XIX of this Agreement shall be notified of the meeting.
XVIII. PROCESSING OF LAWSUITS
A. Notification to Other Jurisdictions
In the event a jurisdiction is served with a lawsuit, that jurisdiction
shall provide notice and documentation of the lawsuit to each of the
other jurisdictions listed in Section XIX of this Agreement.
B. Coordination of Initial Meeting
The jurisdiction that initially receives a lawsuit shall schedule a meeting
or otherwise communicate with all of the jurisdictions participating in
VNET to discuss the lawsuit and to determine the appropriate manner
in which to respond to and/or defend the lawsuit. The Board and
persons listed in Section XX of this Agreement shall be notified of the
meeting or other communication.
XIX. NOTIFICATION OF CLAIMS AND LAWSUITS
Section XVI of this Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in
this Agreement shall be deemed a waiver by any participating jurisdictions of
the requirements set forth in Chapter 4.96 RCW, and the fact that a
participating jurisdiction provides notice or copies of a claim to another
jurisdiction shall not constitute a waiver of the requirement that a party who
files suit against a jurisdiction first file a claim with the jurisdiction in
accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement
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shall be deemed acceptance of service of a lawsuit, and the fact that a
participating jurisdiction provides notice or copies of a lawsuit to another
jurisdiction shall not be deemed adequate service of such lawsuit.
For the purposes of implementing Section XVI of this Agreement, the
following persons from each jurisdiction shall receive any required notification
or documentation:
City of Auburn
Auburn City Attorney
25 West Main Street
Auburn, WA 98001
253-931-3030
Auburn Police Chief
101 N. Division
Auburn, WA 98001
253-931-3080
Auburn Human Resources
Director/Risk Manager
25 West Main Street
Auburn, WA 98001
253-931-3040
Auburn City Clerk
25 West Main Street
Auburn, WA 98001
253-931-3039
City of Kent
Kent City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
Kent Police Chief
220 Fourth Avenue South
Kent, WA 98032
253-856-5888
Kent Risk Manager
220 Fourth Avenue South
Kent, WA 98032
253-856-5285
Kent City Clerk
220 Fourth Avenue South
Kent, WA 98032
253-856-5728
City of Federal Way
Federal Way City Clerk
P.O. Box 9718
Federal Way, WA 98063
Federal Way City Attorney
P.O. Box 9718
Federal Way, WA 98063
City of Renton
Renton Risk Manager
1055 S. Grady Way
Renton, WA 98057
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Port of Seattle
Port of Seattle Claims Manager
P.O. Box 1209
Seattle, WA 98111
CIAW
Director of Claims
Canfield & Associates, Inc.
451 Diamond Drive
Ephrata, WA 98823
City of Tukwila
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98043
WCIA
Claims Manager
WCIA
P.O. Box 1165
Renton, WA 98057
XX. COMPLIANCE WITH THE LAW
VNET and all its members shall comply with all federal, state, and local laws
that apply to VNET.
XXI. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all
participating agencies and such alteration, amendment or modification shall
be effective when reduced to writing and executed in a manner provided for
by this Agreement.
It is recognized that during the course of operations, it may become
necessary to alter the terms of this Agreement to provide for efficient
operation of VNET and to meet the goals of VNET. It is further recognized
that the Board has the expertise necessary to provide for the efficient
operation of VNET. To that end, the jurisdictions agree that changes may be
made to this Agreement, or addendums added to this Agreement, without
prior approval of the legislative bodies of the jurisdictions on the condition
that such changes or addendums shall be effective only by a unanimous vote
of all members of the Board.
XXII. RECORDS
Each jurisdiction shall maintain records relating to work performed by its
employees assigned to VNET when working on non-DEA operations. The
VNET Office Manager shall maintain records relating to the operation of VNET
to the extent required by law. All records shall be available for full inspection
and copying by each participating jurisdiction.
XXIII. FILING
Upon execution of this Agreement, this Agreement shall be filed with the
County auditor or, alternatively, listed by subject on the jurisdiction’s web
site or other electronically retrievable public source.
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XXIV. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be
invalid by any court of competent jurisdiction, such adjudication shall not
affect the validity of any remaining section, part, or provision of this
Agreement.
XVV. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction
by its duly authorized representative and pursuant to an appropriate
resolution or ordinance of the governing body of each participating
jurisdiction. This Agreement shall be deemed effective as to each jurisdiction
upon execution by the authorized representative of that jurisdiction. This
Agreement may be executed by counterparts and be valid as if each
authorized representative had signed one original document.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of
this Agreement.
City of Auburn
Print Name:
Its: Mayor
Date:
City of Auburn
Print Name:
Its: City Clerk
Date:
City of Auburn
Print Name:
Its: City Attorney
Date:
City of Kent
Print Name:
Its: Mayor
Date:
City of Kent
Print Name:
Its: City Clerk
Date:
City of Kent
Print Name:
Its: City Attorney
Date:
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City of Federal Way
Print Name:
Its: City Manager
Date:
City of Federal Way
Print Name:
Its: City Clerk
Date:
City of Federal Way
Print Name:
Its: City Attorney
Date:
City of Renton
Print Name:
Its: Mayor
Date:
City of Renton
Print Name:
Its: City Clerk
Date:
City of Renton
Print Name:
Its: City Attorney
Date:
City of Tukwila
Print Name:
Its: Mayor
Date:
City of Tukwila
Print Name:
Its: City Clerk
Date:
City of Tukwila
Print Name:
Its: City Attorney
Date:
Port of Seattle
Print Name:
Its: Chief Executive
Date:
Port of Seattle
Print Name:
Its: Attorney for Port of Seattle
Date:
P:\Civil\Files\Open Files\0770-VNETInterlocal\2016 VNET ILA .doc
110
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE
PORT OF SEATTLE FOR THE
VALLEY NARCOTICS ENFORCEMENT TEAM
I. PARTIES
The parties to this Agreement are the cities of Auburn, Federal Way, Kent,
Renton, and Tukwila, and the Port of Seattle.
The Valley Narcotics Enforcement Team is assigned to the Drug Enforcement
Administration (“DEA”) Task Force.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08
of the Revised Code of Washington.
III. PURPOSE
The parties desire to establish and maintain a multi-jurisdictional team to
effectively investigate and enforce the criminal laws relating to controlled
substances.
IV. FORMATION
There is hereby established a multi-jurisdictional team to be hereafter known
as the Valley Narcotics Enforcement Team (“VNET”), the members of which
shall be the cities of Auburn, Federal Way, Kent, Renton, and Tukwila, and
the Port of Seattle. VNET has been in existence for some time and this
Agreement establishes an interlocal agreement between the listed
jurisdictions. The future admission or elimination of a jurisdiction as a
member of VNET may be accomplished by an addendum to this Agreement.
V. STATEMENT OF PROBLEMPURPOSE
The mMunicipalities within the Puget Sound area region have experienced an
increase in urbanization and population densities. The ability to address drug
abuse and the crimes associated with controlled substances hasmay
stretched the resources of individual police department specialty units.
Prior to the formation of VNET, Llaw enforcement efforts directed at dealing
with narcotic issuescontrolled substances crimes havewere, for the most part,
been conducted by law enforcement agencies working independently. A
multi-jurisdictional effort to handle specific and complicated narcotic
investigations willhas resulted in more effective pooling of personnel, the
improved utilization of scarce funds, a reductioned in the duplication of
equipment, improved training, and a development of specialized expertise,
new and increased utilization/application of a combined narcotic enforcement
team. The formation of VNET has resultsed will in improved services for all of
the participating entities, increased safety for officers and the community,
and improved cost effectiveness.
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VI. TEAM OBJECTIVES
The assigned pPersonnel from each participating agency jurisdiction who are
assigned to VNET will form a combined investigation team (“Team”) through
VNET. Each police officer is assigned to the Team via this Agreement, and to
the DEA through individual jurisdiction agreements with DEA. VNET shall also
be available to outside law enforcement agencies as outlined under mutual
aid and as approved by DEA.
The objective of the VNET shall be to provide enhanced and more efficient
use of personnel, equipment, budgeted funds, and training. The combined
Team or individual detectives shall respond as able and as approved by the
DEA Supervisor when requested by any of the participating agencies. VNET
may be available to outside law enforcement agencies as permitted by laws
relating to mutual aid and as approved by the DEA.
VII. DURATION/TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its
adoption. This Agreement shall automatically renew, and This
AgreementVNET shall automatically continue in existence, extend for
consecutive one (1) year terms without action of the legislative bodies of the
participating jurisdictions, and unless and until terminated pursuant to the
terms of this Agreement.
A jurisdiction may withdraw its participation in VNET by providing written
notice of its withdrawal, and serving such notice upon each Executive Board
member of the remaining jurisdictions. A notice of withdrawal shall become
effective ninety (90)90 days after service of the notice on all participating
members. The withdrawal of an individual jurisdiction from VNET shall not
result in the termination of VNET.
In the event that VNET withdraws its participation in the DEA Task Force, this
Agreement, and thus VNET, shall remain in effect unless terminated as
provided herein.
The VNET may be terminated by a majority vote of the Executive Board or by
action of the legislative bodies of the participating jurisdictions. Any vote for
termination by the Executive Board shall occur only when the police chief of
each participating jurisdiction is present at the meeting in which such vote is
taken.
VIII. TASK FORCE AGREEMENT
Unless VNET is terminated, on an annual basis, each Board member shall
affirm its jurisdiction’s continued participation in VNET for the following year.
Upon affirmation of the participation of each jurisdiction, VNET shall execute
a task force agreement affirming the continuation of agency participation in
VNET, and such task force agreement shall, on an annual basis, be forwarded
to the US Department of Justice, Asset Forfeiture Money Laundering Section.
112
In the event that VNET withdraws its participation in the DEA Task Force, this
Agreement will remain in effect as VNET operates independently as it has
done in the past.
IXVIII. GOVERNANCE
The affairs of the VNET shall be governed by an Executive Board (“Board,”)
whose members are composed of the police chief, or his/her designee, from
each participating jurisdiction. One member of the Board shall be A presiding
officer shall be elected by the Board to serve as Chair. Each member of the
Board shall have an equal vote and voice on all Board decisions. All Board
decisions shall be made by a majority vote of the Board members, or their
designees, appearing at the meeting in which the decision is made. A
majority of Board members, or their designees, must be present at each
meeting for any action taken to be valid.
The Board shall meet monthly, unless otherwise determined by the Board.
The presiding officerChair, or any Board member, may call extra meetings as
deemed appropriate. The Chair shall provide no less than forth-eight48 (48)
hours’ notice of all meetings to all members of the Board; PROVIDED,
however, that in emergency situations, the Chair may conduct a telephonic
meeting or a poll of individual Board members to resolve any issues related
to such emergency.
IX. STAFFPERSONNEL
The following Staffpersonnel shall serve at the pleasure of the Board.
PersonnelStaff may be removed for any reason by majority vote of the
Board.
Team Supervisor: A Team Supervisor with the rank of sSergeant or
equivalent from his/her respective Agency jurisdiction shall be appointed by
the Board. The VNETTeam Supervisor shall act as the first level supervisor
for the team and shall report directly to the VNET Chair.
Office Manager: The VNET Office Manager shall be provided by the City of
Kent on a reimbursable basis and shall work under the direction of the Board.
The Office Manager reports directly to the Team Supervisor and is
responsible for unit accounting, reports, office support, and other duties as
appropriate.
Attorney: An attorney shall be a member of the Team. The King County
Prosecutor's Office shall select and interview candidates and make a
recommendation to the Executive Board. The Executive Board will make the
selection after considering the recommendation. The attorney will be responsible
for reviewing and filing cases, wire orders, search warrants, the prosecution of
forfeiture cases, and other services as needed.
VNET Detectives: Each Agency jurisdiction shall contribute one (1) full-time
commissioned officer to perform investigation work for the Team.
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Attorney: While King County is not a participating jurisdiction, King County
will provide an attorney who shall be a de-facto member of the Team. The
King County Prosecutor's Office shall select and interview candidates and
make a recommendation to the Executive Board. The Executive Board will
make the selection after considering the recommendation. The attorney will
be responsible for reviewing and filing cases, wire orders, search warrants,
the prosecution of forfeiture cases, and other prosecutorial services as
needed.
Employees of Contributing Jurisdictions: The personnel assigned to the Team
shall be considered an employee of the contributing agencyjurisdiction. That
agency jurisdiction shall be solely and exclusively responsible for the
compensation and benefits for that employee. All rights, duties, and
obligations of the employer and the employee shall remain with that
individual agencyjurisdiction and none of the rights, duties, and obligation of
the employing jurisdiction shall shift to VNET or any other participating
jurisdiction. Each agencyjurisdiction shall be responsible for ensuring
compliance with all applicable laws with regard to employees, and with
provisions of any applicable collective bargaining agreements and civil service
rules and regulations of the employing jurisdiction.
In cases where the DEA procedures do not apply, each individual will follow
the General Orders as specified by the home agency.
XI. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall provide the equipment of its participating
VNET Detectivespersonnel. Each jurisdiction shall provide sufficient funds to
update, replace, repair, and maintain the equipment and supplies utilized by
its participating VNET Detectivespersonnel. Each jurisdiction shall provide
sufficient funds to provide for the training of its participating VNET
Detectivespersonnel.
The equipment, supplies, and training provided by each jurisdiction to its
personnel participating in the VNET shall be equal to those provided by the
other participating jurisdictions.
The Board shall be responsible for purchasing VNET-owned equipment.
PropertyEquipment purchased using VNET funds or forfeited property
deemed owned by VNET shall remain the property of the VNET unless the
Board transfers it to a participating jurisdiction. The Board will einsure a
record of the transaction is maintained. The Board must approve any joint
capital expenditure for VNET equipment of $1,500.00 or more. Approval for
capital expenditures of less than $1,500.00 may be authorized by the VNET
Chair.
XII. FINANCIAL REQUIREMENTS
VNET utilizes a Fiscal Agent for all account transactions and accounting. One
of the participating jurisdictions will fulfill the responsibilityprovide the
services of the Fiscal Agent as approved by the Board.
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The VNET operating budget relies primarily on three (3) funding sources:
State and Federal Grants, the participating agencies, and VNET assets
forfeited at the state and federal levels, and funds provided by the
participating jurisdictions.
Federal Grant funds are administered by the state and follow the state
budget cycle of July 1 through June 30 of the following year. VNET shall
request monthly reimbursements of expenses until the awarded amount is
exhausted. Once the Federal Grant has been exhausted, forfeited assets will
be used to pay expenses for the remainder of the budget cycle.
VNET shall prepare a budget each year that estimates the grant funds
available, and each participating agencyjurisdiction shall provide VNET with
the annual cost to assign an officer orand other approved personnel to the
unit. An agency’s jurisdiction’s annual contribution is then divided by twelve
(12)12 and credited towards the monthly salary and benefits of the
agencyjurisdiction’s participating personnel. All other expenses are paid for
by VNET utilizing either Grant funds or forfeited assets. The Board shall
agree upon a date each year by which time it will notify the participating
agencies jurisdictions of each agencies’jurisdictions’ expected contribution.
The DEA contribution to VNET includes providing office space, storage space,
parking, and phone service at no cost to VNET jurisdictions.
XIII. DISTRIBUTION OF SEIZURE FUNDS
The VNET Board provides oversight of seized and forfeited assets via the
Fiscal Agent. Forfeited assets may be distributed to participating agencies
when deemed appropriate by the Board. The Board will endeavor to maintain
adequate financial resources to fund ongoing operations of the VNET.
XIVII. DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of the VNET, each participating jurisdiction shall retain sole
ownership of the equipment purchased and provided to for its participating
VNET memberspersonnel.
Any VNET assets acquired with joint funds of the VNET shall be equally
divided among the participating jurisdictions at the asset's fair market value
upon termination. The value of the assets of the VNET shall be determined by
using commonly accepted methods of valuation. If two (2) or more
participating jurisdictions desire an asset, the final decision shall be made by
arbitration (described below). Any property not claimed shall be declared
surplus by the Board and disposed of pursuant to state law for the disposition
of surplus property. The pProceeds from the sale or disposition of any VNET
property, shall, after payment of any and all costs of sale or debts of the
agencyjurisdiction, shall be equally distributed to those jurisdictions
participating in the VNET at the time of dissolutiontermination. In the event
that one (1) or more jurisdictions terminate their participation in the VNET,
but the VNET continues to exist, the jurisdiction terminating participation
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shall be deemed to have waived any right or title to any property owned by
the VNET or to share in the proceeds at the time of dissolutiontermination.
Arbitration pursuant to this section shall occur as follows:
a. The jurisdictions interested in an asset shall select one (1) personan
(Arbitrator) to determine which agencyjurisdiction will receive the
property. If the jurisdictions cannot agree to an Arbitrator, the chiefs
of the jurisdictions participating in the VNET upon dissolution
termination shall meet to determine who the Arbitrator will be. The
Arbitrator may be any person not employed by the jurisdictions that
desire the property.
b. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or written
presentation to the Arbitrator in support of its position.
c. At the conclusion of the presentation, the Arbitrator shall determine
which jurisdiction is to receive the property. The decision of the
Arbitrator shall be final and shall not be the subject of appeal or
review.
XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the
VNET without the threat of being subject to liability to one another, and to
fully cooperate in the defense of any claims or lawsuits arising out of or
connected with VNET actions that are brought against the jurisdictions. To
this end, the participating jurisdictions agree to equally share responsibility
and liability for the acts omissions of their participating personnel when
acting in furtherance of this Agreement. In the event that an action is
brought against any of the participating jurisdictions, each jurisdiction shall
be responsible for an equal share of any award for or settlement of claims of
damages, fines, fees, or costs, regardless of which jurisdiction or employee
the action is taken against or which jurisdiction or employee is ultimately
responsible for the conduct. The jurisdictions shall share equally regardless
of the number of jurisdictions named in the lawsuit or claim or the number of
officers from each jurisdiction named in the lawsuit or claim. This section
shall be subject to the conditions and limitations set forth in subsections A
through G below.
A. Jurisdiction Not Involved in VNET Response. In the event that a
jurisdiction or its personnel were not involved in the VNET response to
the incident that gives rise to a claim or lawsuit, and judgment on the
claim or lawsuit does not, in any manner, implicate the acts of a
particular jurisdiction or its personnel, such jurisdiction shall not be
required to share responsibility for the payment of the judgment or
award.
B. Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require
indemnification or sharing in the payment of any judgment against any
116
VNET personnel for intentionally wrongful conduct that is outside of the
scope of employment of any individual or for any judgment of punitive
damages against any individual or jurisdiction. Payment of any award
for punitive damages shall be the sole responsibility of the person or
jurisdiction that employs the person against whom such award is
rendered.
C. Collective Representation and Defense. The jurisdictions may retain
joint legal counsel to collectively represent and defend the jurisdictions
in any legal action. Those jurisdictions retaining joint counsel shall
share equally the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by
its individual representation or defense.
The Each jurisdictions and their its respective defense counsel shall
make a good faith attempt to cooperate with other participating
jurisdictions by, including, but not limited to, providing all
documentation requested, and making VNET members available for
depositions, discovery, settlement conferences, strategy meetings, and
trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee
from a lawsuit by summary judgment, qualified immunity, or
otherwise, the jurisdiction shall nonetheless be required to pay its
equal share of any award for or settlement of the lawsuit; PROVIDED,
however, that in the event a jurisdiction or employee is removed from
the lawsuit and Ssubsection (A) of this section is satisfied, the
jurisdiction shall not be required to pay any share of the award or
settlement.
E. Settlement Process. It is the intent of this Agreement that the
jurisdictions act in good faith on behalf of each other in conducting
settlement negotiations on liability claims or lawsuits so that,
whenever possible, all parties agree with the settlement or, in the
alternative, agree to proceed to trial. In the event a claim or lawsuit
requires the sharing of liability, no individual jurisdiction shall be
authorized to enter into a settlement agreement with a claimant or
plaintiff unless all jurisdictions agree with the terms of the settlement.
Any settlement made by an individual jurisdiction without the
agreement of the remaining jurisdictions, when required, shall not
relieve the settling jurisdiction from paying an equal share of any final
settlement or award.
F. NoDefense Waiver of Title 51 RCW . This section shall not be
interpreted to waive any defense arising out of RCW Title 51 RCW.
117
G. Insurance. The failure of any insurance carrier or self-insured pooling
organization to agree to or follow the terms of this section shall not
relieve any individual jurisdiction from its obligations under this
Agreement.
XVI. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating
jurisdiction or its employees for actions arising out of their conduct in support
of VNET operations, the jurisdiction shall promptly notify the other
jurisdictions that the claim or lawsuit has been initiated. Any documentation,
including the claim or legal complaints, shall promptly be provided to each
participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction
would be liable for a claim, settlement, or judgment that arises from a VNET
action or operation, shall have the burden of notifying each participating
jurisdiction of all claims, lawsuits, settlements, or demands made to that
jurisdiction. In the event a participating jurisdiction has a right, pursuant to
Ssection XVI of this Agreement, to be defended and held harmless by
another participating jurisdiction, the jurisdiction having the right to be
defended and held harmless shall promptly tender the defense of such claim
or lawsuit to the jurisdiction that must defend and hold the other harmless.
XVII. PROCESSING OF CLAIMS
A. Designation of Lead Jurisdiction
There shall be a lead jurisdiction for processing a claim that is filed
with and against cities for alleged damages and injuries that occur as a
result of VNET activities. The lead jurisdiction shall be the jurisdiction
within which the VNET responseaction subject to the claim occurred;
PROVIDED, that in the event the jurisdiction within which the action
subject to the claimVNET response occurred did not participate in the
VNET response action subject to the claim, the lead jurisdiction shall
be the jurisdiction within which the incident that required the VNET
investigation or response originated. In the event that a jurisdiction
that was not involved in the VNET response action subject to the claim
receives the claim, that jurisdiction shall notify the other jurisdictions
in accordance with Section XVII of this Agreement, and shall use its
best efforts to determine who is the appropriate lead jurisdiction is.
B. Assistance of VNET Supervisor
The VNET Team Supervisor shall assist the lead jurisdiction in
responding to a claim. The VNETTeam Supervisor shall be responsible
for gathering all records relating to the VNET responseclaim. These
records shall include, but are not limited to, incident reports, notes,
transcripts, photos, evidence logs, recorded statements, documents
from emergency dispatch centers, and warrants from all jurisdictions
that participated in the VNET response action subject to the claim.
The VNET Team Supervisor shall also provide a list of personnel who
participated in the response action subject to the claim and their
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contact information. The VNET Team Supervisor shall deliver all copies
of the records to the lead jurisdiction promptly upon request.
C. Claims of $5,000 or Less
i. Lead Jurisdiction Responsibilities
The lead jurisdiction shall be responsible for working with the Team
Supervisor to gather records relating to the action subject to the
claimVNET response. The lead jurisdiction shall provide records to its
insurance provider and shall assist its insurance provider in assessing
liability for acts associated with the claim. The lead jurisdiction shall
notify the other jurisdictions of any determinations as to liability. In
determining whether a claim should be paid, the lead jurisdiction and
its insurance provider shall, at a minimum, consider the potential legal
defenses to the claim and the costs of defending the claim.
ii. Liability Determination – Apportionment of Damages
The lead jurisdiction, with the assistance of its insurance provider and
risk manager, shall determine whether the VNET is liable for damages
set forth in a claim, and whether the payment of the claim would be in
the best interest of the jurisdictions and/or the VNET. In the event the
lead jurisdiction determines that payment of a claim of $5,000 or less
is appropriate, such determination shall be final and binding upon
other jurisdictions and payment shall be apportioned equally among all
jurisdictions that participated in the VNET response action subject to
the claim. The insurance provider for the lead jurisdiction shall provide
full payment to the claimant, and each jurisdiction that participated in
the response VNET action that is the subject of the claim shall
reimburse the insurance provider for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such payment,
the insurance provider providing payment shall obtain from the
claimant a complete and total release of liability on behalf of all
jurisdictions participating in the VNET and each and every officer,
agent, or volunteer of those participating jurisdictions.
In the event the lead jurisdiction determines that the VNET is not liable
for damages set forth in a claim or that the payment of the claim
would not be in the best interest of the jurisdictions and/or the VNET,
the lead jurisdiction shall notify the other jurisdictions of the
determination, and such determination shall be binding on the other
jurisdictions; PROVIDED, that another jurisdiction that determines that
payment is appropriate may pay such claim in full, and shall not seek
reimbursement from the other participating jurisdictions.
iii. Letter From Insurance Adjusters
In the event athe lead jurisdiction, in conjunction with its insurance
provider, determines that payment of a claim of $5,000 or less is
appropriate, the insurance provider shall provide each of the
participating jurisdictions with a letter stating the determination and
the bases for such determination.
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D. Claims over $5,000
i. Lead Jurisdiction Responsibilities
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the VNET to discuss the a claim over $5,000 and to
determine the appropriate manner in which to respond and/or defend
the claim. The Board and persons listed in Section XIXVII of this
Agreement shall be notified of the meeting.
XVIII. PROCESSING OF LAWSUITS
A. Notification to Other Jurisdictions
In the event a jurisdiction is served with a lawsuit, that jurisdiction
shall provide notice and documentation of the lawsuit to each of the
other jurisdictions listed in accordance with Section XIXVII of this
Agreement.
B. Coordination of Initial Meeting
The jurisdiction that initially receives a lawsuit shall schedule a meeting
or otherwise communicate with all of the jurisdictions participating in
the VNET to discuss the lawsuit and to determine the appropriate
manner within which to respond to and/or defend the lawsuit. The
Board and persons listed in Section XX of this Agreement shall be
notified of the meeting or other communication.
XVIIIIX. NOTIFICATION OF CLAIMS AND LAWSUITS
Section XVII of this Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in
this Agreement shall be deemed a waiver by any participating jurisdictions of
the requirements set forth in Chapter 4.96 RCW, and the fact that a
participating jurisdiction provides notice or copies of a claim to another
jurisdiction shall not be deemed compliance withconstitute a waiver of the
requirement that a party who files suit against a jurisdiction first file a claim
with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover,
nothing in this Agreement shall be deemed acceptance of service of a lawsuit,
and the fact that a participating jurisdiction provides notice or copies of a
lawsuit to another jurisdiction shall not be deemed adequate service of such
lawsuit. in accordance with the State or Federal Rules of Civil Procedure or
the Revised Code of Washington.
For the purposes of implementing Section XVII of this Agreement, the
following persons from each jurisdiction shall receive any required notification
or documentation:
City of Auburn
Auburn City Attorney
25 West Main Street
Auburn, WA 98001
253-931-3030
City of Kent
Kent City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
120
Auburn Police Chief
101 N. Division
Auburn, WA 98001
253-931-3080
Auburn Human Resources
Director/Risk Manager
25 West Main Street
Auburn, WA 98001
253-931-3040
Auburn City Clerk
25 West Main Street
Auburn, WA 98001
253-931-3039
Kent Police Chief
220 Fourth Avenue South
Kent, WA 98032
253-856-5888
Kent Risk Manager
220 Fourth Avenue South
Kent, WA 98032
253-856-5285
Kent City Clerk
220 Fourth Avenue South
Kent, WA 98032
253-856-5728
City of Federal Way
Federal Way City Clerk
P.O. Box 9718
Federal Way, WA 98063
Federal Way City Attorney
P.O. Box 9718
Federal Way, WA 98063
City of Renton
Renton Risk Manager
1055 S. Grady Way
Renton, WA 98057
Port of Seattle
Port of Seattle Claims Manager
P.O. Box 1209
Seattle, WA 98111
CIAW
Director of Claims
Canfield & Associates, Inc.
451 Diamond Drive
Ephrata, WA 98823
City of Tukwila
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98043
WCIA
Claims Manager
WCIA
P.O. Box 1165
Renton, WA 98057
XIX. COMPLIANCE WITH THE LAW
The VNET and all its members shall comply with all federal, state, and local
laws that apply to the VNET.
XXI. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all
participating agencies and such alteration, amendment or modification shall
121
be effective when reduced to writing and executed in a manner provided for
by this Agreement.
It is recognized that during the course of operations, it may become
necessary to alter the terms of this Agreement to provide for efficient
operation of the VNET and to meet the goals of the VNET. It is further
recognized that the Board has the expertise necessary to provide for the
efficient operation of the VNET. To that end, the jurisdictions agree that
changes may be made to this Agreement, or addendums added to this
Agreement, without prior approval of the legislative bodies of the jurisdictions
on the condition that such changes or addendums shall be effective only by a
unanimous vote of all members of the Board.
XXII. RECORDS
Each Agency jurisdiction shall maintain records relating to work performed by
its employees assigned to the VNET when operating outsideworking on non-
DEA operations. The VNET Ooffice Mmanager shall maintain records relating
to the operation of the VNET to the extent required by law. All records shall
be available for full inspection and copying by each participating jurisdiction.
XXIII. FILING
Upon execution hereofof this Agreement, this Agreement shall be filed with
the city clerks of the respective participating municipalities, and such other
governmental agencies as may be required by law. County auditor or,
alternatively, listed by subject on the jurisdiction’s web site or other
electronically retrievable public source.
XXIVII. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be
invalid by any court of competent jurisdiction, such adjudication shall not
affect the validity of any remaining section, part, or provision of this
Agreement.
XVIV. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction
by its duly authorized representative and pursuant to an appropriate
resolution or ordinance of the governing body of each participating
jurisdiction. This Agreement shall be deemed effective as to each jurisdiction
upon the last date of execution by the last so authorized representative of
that jurisdiction. This Agreement may be executed by counterparts and be
valid as if each authorized representative had signed one the original
document.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of
this Agreement.
122
City of Auburn
Print Name:
Its: Mayor
Date:
City of Auburn
Print Name:
Its: City Clerk
Date:
City of Auburn
Print Name:
Its: City Attorney
Date:
City of Kent
Print Name:
Its: Mayor
Date:
City of Kent
Print Name:
Its: City Clerk
Date:
City of Kent
Print Name:
Its: City Attorney
Date:
City of Federal Way
Print Name:
Its: City Manager
Date:
City of Federal Way
Print Name:
Its: City Clerk
Date:
City of Federal Way
Print Name:
Its: City Attorney
Date:
123
City of Renton
Print Name:
Its: Mayor
Date:
City of Renton
Print Name:
Its: City Clerk
Date:
City of Renton
Print Name:
Its: City Attorney
Date:
City of Tukwila
Print Name:
Its: Mayor
Date:
City of Tukwila
Print Name:
Its: City Clerk
Date:
City of Tukwila
Print Name:
Its: City Attorney
Date:
Port of Seattle
Print Name:
Its: Chief Executive
Date:
Port of Seattle
Print Name:
Its: Attorney for Port of Seattle
Date:
P:\Civil\Files\Open Files\0770-VNETInterlocal\2016 VNET ILA .doc
124
Office of the City Attorney
Tom Brubaker, City Attorney
Phone: 253-856-5770
Fax: 253-856-6770
Address: 400 West Gowe Street
Kent, WA. 98032-5895
DATE: September 13, 2016
TO: Public Safety Committee
FROM: Tammy White, Assistant City Attorney
SUBJECT: Parking of Vehicles On City Streets – Ordinance Clarifying Use of
Weight Rating - Recommend
MOTION: Recommend Council adopt an ordinance that amends section
9.38.130 of the Kent City Code to clarify that the parking prohibition is based
on a vehicle’s maximum gross vehicle weight rating.
SUMMARY:
On April 19, 2016, the Kent City Council adopted Ordinance No. 4192 (attached), which
increased the weight threshold at which parking is prohibited on City streets from a
vehicle with a gross vehicle weight of 8,000 pounds to a vehicle with a gross vehicle
weight rating in excess of 14,000 pounds.
Throughout Ordinance No. 4192, reference is made to the weight determination being
based upon the vehicle’s maximum gross vehicle weight rating, which is the only weight
law enforcement officers are able to confirm through state Department of Licensing
records. Although “gross vehicle weight rating” is referred to in the recitals of Ordinance
No. 4192, and in Council’s findings at section 9.38.120 of the Kent City Code (“KCC”), due
to a drafting oversight “gross vehicle weight rating” was not expressly included within the
parking prohibition established in KCC 9.38.130. This ordinance corrects that inadvertent
oversight.
Exhibits: (1) Resolution (proposed); and
(2) Ordinance No. 4192
Budget Impact: None
125
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
9.38.130 of the Kent City Code regarding the
parking and storage prohibition of large vehicles on
City streets to clarify that application of that code
section is determined by the vehicle’s maximum
gross vehicle weight rating.
RECITALS
A. On April 19, 2016, the Kent City Council adopted Ordinance
No. 4192, which increased the weight threshold at which parking is
prohibited on City streets from a vehicle with a gross vehicle weight of
8,000 pounds to a vehicle with a gross vehicle weight rating in excess of
14,000 pounds.
B. Throughout Ordinance No. 4192, reference is made to the
weight determination being based upon the vehicle’s maximum gross
vehicle weight rating, which is the only weight law enforcement officers are
able to confirm through state Department of Licensing records. Although
“gross vehicle weight rating” is referred to in the recitals of Ordinance No.
4192, and in Council’s findings at section 9.38.120 of the Kent City Code
(“KCC”), due to a drafting oversight “gross vehicle weight rating” was not
expressly included within the parking prohibition established in KCC
9.38.130. This ordinance corrects that oversight.
126
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 9.38.130. Section 9.38.130 of
the Kent City Code, entitled “Parking and storage of certain vehicles –
Penalty,” is amended as follows:
Sec. 9.38.130. Parking and storage of large vehicles on city
streets – Penalty and exemptions.
A. Parking prohibited. No vehicle, including a truck, van, trailer, or
semi-trailer, whether licensed or unlicensed, with a maximum gross
vehicle weight rating that exceeds fourteen thousand and one (14,001)
pounds may be stored or parked upon any city street.
B. Exemptions. The parking limitation provided in this section shall not
apply to the following:
1. A vehicle that is being actively loaded or unloaded;
2. A vehicle that is being used for the exclusive purpose of
providing active construction or other hired services to a property at that
location, including construction, carpentry, plumbing, landscaping, and
moving services.
3. Recreational vehicles whose parking is regulated under KCC
9.38.145.
4. City of Kent or other government vehicles, public utility
vehicles, or emergency vehicles.
C. Penalty and impoundment. Any violation of this section shall be an
infraction and punishable by a monetary penalty of two hundred fifty
dollars ($250). Vehicles parked in violation of this section are subject to
impoundment as provided by law.
127
D. Authority to suspend enforcement. The chief of police shall have the
authority to suspend the enforcement of this section in the event he or
she, in his or her discretion, determines that suspension of enforcement
will benefit the public health, safety, and welfare. Any suspension of
enforcement of this section shall be in writing delivered to the office of the
mayor and shall specify the times and dates in which the suspension shall
be effective. The suspension of enforcement shall also suspend the
enforcement of KCC 9.38.180(A)(15), (B)(6), and (C)(2), as well as
applicable sections of KCC 9.38.020. Any truck, vehicle, van, trailer, or
semi-trailer parked in accordance with the terms of the suspension of
enforcement shall be parked in compliance with applicable requirements of
the Revised Code of Washington and the Washington Administrative Code.
SECTION 3. – 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 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
128
ATTEST:
SUE HANSON, INTERIM CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
SUE HANSON, CITY CLERK
P:\Civil\Ordinance\9.38-Parking of Commercial Trucks-GrossVehicleWeightRating.docx
129
ORDINANCE NO. 7Jf;l
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections
9.38.120 and 9.38.130 of the Kent City Code to (i)
increase the weight threshold applicable to the
parking and storage prohibition of large vehicles on
City streets from 8,000 pounds to 14,001 pounds,
(ii) to apply the parking prohibition to all vehicles
meeting the weight threshold, not just commercial
vehicles; (iii) and to add exemptions to the parking
prohibition for vehicles being actively loaded or
unloaded, vehicles being used to provide active
construction or hired services at an adjacent
property, vehicles being used for government,
public utility or emergency services, or recreational
vehicles regulated under KCC 9.38.145.
RECITALS
A. The parking of large vehicles, including semi-truck tractors
and semi-trailers, is regulated through the Kent City Code. The parking of
these large vehicles and trailers on City streets is regulated under the
City's parking code at KCC 9.38.130, while their parking on private
property is regulated under the City's zoning code provisions at KCC
15.08.085.
B. Under KCC 15.08.085 and the City's zoning code, commercial
vehicles are not allowed to be parked upon residentially zoned property
with an SR-2 or greater zoning designation if they have a gross vehicle
weight rating of 26,001 pounds or more. If residentially zoned property
1 Amend KCC 9.38.120 and KCC 9.38.130
Re: Parking of Large Vehicles
130
has a zoning designation of SR-1 and a land use of US (urban separator),
truck tractors used in the hauling of semi-trailers are not allowed on the
property, nor are any other commercial vehicles that are longer than 19
feet.
C. Under KCC 9.38.130 and the City's parking code, commercial
vehicles are not allowed to be parked upon city streets if they exceed
8,000 pounds "as defined in RCW 46.44.036, 46.44.037, or 46.44.041".
The RCW references that follow the weight limitation of 8,000 pounds have
created enforcement difficulties for the City because the referenced RCWs
do not pertain to the calculation or designation of gross vehicle weight. In
addition, the 8,000 pound threshold is low and includes within its parking
prohibition many vehicles that citizens may use for daily transportation
purposes, including full-size pickup trucks, heavy-duty pickup trucks,
minivans, and cargo or step vans.
D. This ordinance revises KCC 9.38.130 to remove reference to
the inapplicable ROW provisions and to increase the weight threshold at
which parking is prohibited from 8,000 pounds to a weight in excess of
14,000 pounds. This ordinance also removes the limited application of
KCC 9.38.130 to only commercial vehicles and applies it more broadly to
all vehicles with a gross vehicle weight rating in excess of 14,000 pounds.
Finally, the ordinance establishes a number of exceptions to the parking
limitation based on the vehicle's weight-a vehicle that is being actively
loaded or unloaded, a vehicle that is being used for the exclusive purpose
of providing active construction or other hired services to a property at the
parked location, recreational vehicles that are regulated under KCC
9.38.145, or government vehicles, public utility vehicles, or emergency
vehicles.
2 Amend KCC 9.38.120 and KCC 9.38.130
Re: Parking of Large Vehicles
131
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment -KCC 9.38.120. Section 9.38.120 of
the Kent City Code, entitled "Parking of trucks on city streets-Finding," is
amended as follows:
Sec. 9.38.120. Parking and storage of large vehicles trueks
on city streets -Finding.
A. The city council finds that the parking and storage of commercial
trucks, vans, tractor trailers, a-rn:!---semi-trailers, and other vehicles, with a
maximum gross vehicle weight rating that exceed.s_ing eight fourteen
thousand and one (8,00014,001) pounds.r. present unacceptable risks and
hazards to public health, safety, and welfare when such vehicles are
parked or stored on city streets at times when such vehicles are not
engaged in business or commercial activity.
B. The city council also recognizes that under some circumstances, it
may benefit the public health, safety, and welfare to park the above
described vehicles on certain city streets, and that there should be a
mechanism to permit the chief of police to suspend the enforcement of
parking restrictions relating to those vehicles to allow those vehicles to
park on city streets temporarily and during certain time frames.
SECTION 2. -Amendment -KCC 9.38.130. Section 9.38.130 of
the Kent City Code, entitled "Parking and storage of certain vehicles -
Penalty," is amended as follows:
Sec. 9.38.130. Parking and storage of large eertain vehicles
on city streets"i>·ehieles -Penalty and exemptions.
3 Amend KCC 9.38.120 and KCC 9.38.130
Re: Parking of Large Vehicles
132
A. Parking prohibited. No commercial vehicle, including a truck,
vehicle, van, trailer, or semi-trailer, whether licensed or unlicensed, that
exceeds_~ fourteen eight thousand and one (8,00014,001) pounds as
defined in RG\N 46.44.036, 46.44.037, or 46.44.041 may be stored or
parked upon any city street for longer than two (2) hours, except for those
periods of time 'Nhcn such vehicle is being loaded or unloaded or vvhcrc
parking or storage is otherwise prohibited.
B. Exemptions. The parking limitation provided in this section shall not
apply td the following:
1. A vehicle that is being actively loaded or unloaded;
2. A vehicle that is being used for the exclusive purpose of
providing active construction or other hired services to a property at that
location, including construction, carpentry, plumbing, landscaping, and
moving services.
3. Recreational vehicles whose parking is regulated under KCC
9.38.145.
4. City of Kent or other government vehicles, public utility
vehicles, or emergency vehicles .
.CB. Penalty and impoundment. Any violation of this section shall be an
infraction and punishable by a monetary penalty of two hundred fifty
dollars ($250). Vehicles parked in violation of this section arc subject to
impoundmcnt as provided by law.
DG. Authority to suspend enforcement. The chief of police shall have the
authority to suspend the enforcement of this section in the event he or
she, in his or her discretion, determines that suspension of enforcement
will benefit the public health, safety, and welfare. Any suspension of
enforcement of this section shall be in writing delivered to the office of the
mayor and shall specify the times and dates in which the suspension shall
be effective. The suspension of enforcement shall also suspend the
4 Amend KCC 9.38.120 and KCC 9.38.130
Re: Parking of Large Vehicles
133
enforcement of KCC 9.38.180(A)(15), (B)(6), and (C)(2), as well as
applicable sections of KCC 9.38.020. Any truck, vehicle, van, trailer, or
semi-trailer parked in accordance with the terms of the suspension of
enforcement shall be parked in compliance with applicable requirements of
the Revised Code of Washington and the Washington Administrative Code.
SECTION 3. -Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. -Corrections bv City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. -Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
ATTEST:
5 Amend KCC 9.38.120 and KCC 9.38.130
Re: Parking of Large Vehicles
134
APPROVED AS TO FORM:
PASSED:
I hereby certify that this is a true copy of Ordinance No. _,,_,:.....L..J"-----
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P:\CMl\Ordlnance\9.JS·Parldng or Commerclat Trucks·Class 4 Ban·KPO.docx
6 Amend KCC 9.38.1.20 and KCC 9.38.1.30
Re: Parking of Large Vehicles
135
136
POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 13, 2016
TO: Public Safety Committee
SUBJECT: National Night Out – Information Only
Information Only
SUMMARY: Stacy Judd, Public Education Coordinator, will present information regarding
the 2016 National Night Out.
137
138
POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 13, 2016
TO: Public Safety Committee
SUBJECT: Police Chief’s Update – Information Only
Information Only
SUMMARY: Chief Thomas will present information regarding the current events affecting
the police department.
139