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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. 1 2 3 4 5 6 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 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. 85 Page-1 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 86 Page-2 SAMHSA NGA D | Version: 6 - 07/14/2016 11:41:00 | Generated on: 08/31/2016 19:14:28 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- 87 Page-3 SAMHSA NGA D | Version: 6 - 07/14/2016 11:41:00 | Generated on: 08/31/2016 19:14:28 800-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 88 Page-4 SAMHSA NGA D | Version: 6 - 07/14/2016 11:41:00 | Generated on: 08/31/2016 19:14:28 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): 89 Page-5 SAMHSA NGA D | Version: 6 - 07/14/2016 11:41:00 | Generated on: 08/31/2016 19:14:28 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. 90 Page-6 SAMHSA NGA D | Version: 6 - 07/14/2016 11:41:00 | Generated on: 08/31/2016 19:14:28 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: 91 Page-7 SAMHSA NGA D | Version: 6 - 07/14/2016 11:41:00 | Generated on: 08/31/2016 19:14:28 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 92 Page-8 SAMHSA NGA D | Version: 6 - 07/14/2016 11:41:00 | Generated on: 08/31/2016 19:14:28 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. 93 Page-9 SAMHSA NGA D | Version: 6 - 07/14/2016 11:41:00 | Generated on: 08/31/2016 19:14:28 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 94 Page-10 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 95 96 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 97 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 98 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 99 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. 100 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. 101 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 102 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. 103 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 104 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. 105 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 106 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 107 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. 108 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: 109 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. 111 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. 113 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. 114 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 115 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 118 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. 119 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