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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/15/2013City of Kent City Council MeetingAgenda October 15, 2013 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les thomas adccW06823 This page intentionally left blank. KENT CITY COUNCIL AGENDAS October 15, 2013 Council Chambers Mayor Suzette Cooke Council President Dennis Higgins Councilmember Elizabeth Albertson Councilmember Bill Boyce Councilmember Jamie Perry Councilmember Dana Ralph Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Interstate 405 & State Route 167 HOV Lane Letter Cathy Mooney 10 minutes 2. 2014 Budget Adjustments Bob Nachlinger 60 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC – Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Washington Urban and Community Forestry Council Award presentation to Green Kent Stewards D. Proclamation for Second Annual “Green Kent Day” E. Proclamation for Third Annual “Kent Turkey Challenge” F. Introduction of Kent Arts Commission Appointees G. Introduction of Pheasants Hollow Neighborhood Council H. Public Safety Report I. Intergovernmental Reports 5. PUBLIC HEARINGS A. None 6. PUBLIC COMMENT (Continued) COUNCIL MEETING AGENDA CONTINUED 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshops – Approve B. Reappointments to the Kent Arts Commission - Confirm C. Greenhouse Gas Emissions Reduction Resolution– Adopt D. Neighborhood Council Resolution – Pheasants Hollow - Adopt E. Target Zero Grant and Memorandum of Understanding - Accept F. Kent Drug Free Communities Grant – Accept G. DOJ Bulletproof Vest Partnership Grant – Accept H. Emergency Management Performance Grant – Accept I. 2013-2014 Mid-Biennium Budget Adjustments – Set First and Second Public Hearing Dates J. 2014-2018 Capital Improvement Plan – Set First and Second Public Hearing Date K. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees – Set Hearing Date 8. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Potential Litigation 12. ACTION AFTER EXECUTIVE SESSION A. Resolution of Intent to Set a Public Hearing Date for Local Improvement District (LID) 365, SE 256th Street Improvements, 116th Ave SE to Kent-Kangley Road – Set Public Hearing Date 13. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. SUGGESTIONS FOR EFFECTIVE COMMENTS KENT CITY COUNCIL WELCOME HOW TO PARTICIPATE Speaking to the Council: When you are recognized by the Mayor or presiding officer, speak directly into the micro-phone and state your name and address for the record, spelling you last name. Purpose: What is the idea you wish to present? Reason: Why are you making this point? Summary: What condition will be changed or improved if your viewpoint is adopted? Action: State what you would like the City Council to do in response to your viewpoint. Please limit your comments to three minutes. AGENDAS Agendas are available at each meeting. The agenda is also posted on the City’s Website, www.KentWA.gov and is available for perusal in the City Clerk’s Office and the Kent Regional Library. Any person requiring a disability accommodation should contact the City Clerk’s Office in advance at 253.856.5725. For TDD relay service call the Washington Telecommunications Relay Service at 1.800.833.6388. COUNCIL MEETS: Kent City Hall Council Chambers 1st and 3rd Tuesdays, 7 p.m. The first meetings in August and November are held at 5:00 p.m. In December, Council meets on the 2nd Tuesday at 7:00 p.m. Workshops 5:30 p.m. Kent City Hall 220 4th Avenue South Kent WA 98032 City Council Office 253.856.5712 citycouncil@KentWA.gov Mayor’s Office 253.856.5700 mayor@KentWA.gov The public is welcome and encouraged to participate in Kent City Council meetings, which are televised on local Comcast cable channel 21 (Kent TV21), and streamed live online at www.kenttv21.com. ABOUT THE COUNCIL The seven-member City Council is the legislative forum for the City of Kent. The Council may adopt and enforce ordinances of all kinds relating to local or municipal affairs and appropriate to the government of the City of Kent. COUNCIL COMMITTEES Council committees are comprised of three council members who meet regularly to best address their constituents’ concerns. Most items brought before the entire Council have been discussed by one of these working committees. After a review is completed, the committee makes a recommendation to the entire Council for a vote at a subsequent Council meeting. This recommendation is voted on under the “Consent Calendar,” if the vote by the committee was unanimous. COMMITTEES AND MEMBERS Operations: Les Thomas, Chair Jamie Perry, Dennis Higgins Meets 1st and 3rd Tuesdays, 4 p.m. Parks and Human Services: Deborah Ranniger, Chair Elizabeth Albertson, Dana Ralph Meets 3rd Thursday, 5 p.m. Economic & Community Development: Jamie Perry, Chair Deborah Ranniger, Bill Boyce Meets 2nd Monday, 5:30 p.m. Public Safety: Bill Boyce, Chair Dana Ralph, Les Thomas Meets 2nd Tuesday, 5:30 p.m. Public Works: Elizabeth Albertson, Chair Dana Ralph, Dennis Higgins Meets 1st and 3rd Mondays, 4 p.m. Audience participation is encouraged at all Council meetings. Citizen input is typically given during “Changes to the Agenda,” “Public Hearings,” and “Other Business”. “Changes to the Agenda” When the Mayor asks for changes to the agenda from the public, please step to the podium and give your name, address and the subject of your concern. You may ask to speak to any item on the agenda (for “Other Business” items, see below), or you may ask to add an item to the agenda. The Council will determine whether or not to add you r item to the agenda. “Public Hearing” Public hearings are held to receive input on a particular issue. When the Mayor asks for public comment, you should rise or raise your hand. Upon being recognized, step to the podium, give your name, address and state the nature of your interest or concern. “Other Business” Items under Other Business are generally discussed by the Council before action is taken. If you wish to address an item under Other Business, you may do so by following the same procedure as in Public Hearings. Comments are typically limited to three minutes per speaker. This page intentionally left blank. COUNCIL WORKSHOP 1) Interstate 405 & State Route 167 HOV Lane Letter 2) 2014 Budget Adjustments This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Washington Urban and Community Forestry Council Award presentation to Green Kent Stewards D) Proclamation for Second Annual “Green Kent Day” E) Proclamation for Third Annual “Kent Turkey Challenge” F) Introduction of Kent Arts Commission Appointees G) Introduction of Pheasants Hollow Neighborhood Council H) Public Safety Report I) Intergovernmental Reports This page intentionally left blank. WHEREAS, since ].995, thousands of volunteers in the city of Kent have joined millions of others throughout the country for National Make A Difference Day, the last Saturday in October, to improve the quality of parks, trails and open spaces in Kent; and WHEREAS, in September 2009, the Kent City Council authorized the assessment of the health of all city -owned urban forests, wetlands and other natural areas; and WHEREAS, the resulting Green Kent Partnership 20-year Park & Natural Area Management Plan was approved by the City Council in February 2011, and WHEREAS, 20 specially trained community members have become active Green Kent Stewards, organizing volunteer work parties in their chosen natural area sites; and WHEREAS, in 2012, 1,711 volunteers contributed 5,315 hours to the Green Kent Partnership, and WHEREAS, volunteer service and environmental stewardship are both investments in the future to which we all must share and contribute; NOW THEREFORE; I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the day of Saturday, October 26, 2013 as the nmo to be held this year at Morrill Meadows Park and the Green River Natural Resources Area in the city of Kent, Washington; and encourage all residents to join me in recognizing the importance of this observance by volunteering their time in our community by contributing to the goals of the 20-year Green Kent Partnership management plan and joining the effort to steward our public lands. In witness whereof, I have hereunto set my hand and caused the seal of the city of Kent to be affixed this 15th day of October, 2013. Cooke, Mayor N W A S H I N G T O N This page intentionally left blank. 1 Whereas, the City of Kent _recognizes the importance of proper nutrition for every citizen and that many families in our community are,faced with food shortages; and Whereas, the Kent Food Bank distributes between 1,200 and 1,500 Thanksgiving baskets to Kent families and the need for donated food is greater than ever, and Whereas, through the generosity of Torklift Central employees, October 16, 2013 marks the kick-off of the Third Annual Kent Turkey Challenges and Whereas, employees of the Torklift Central in Kent, challenge all local businesses to join them in collecting canned goods and frozen turkeys that will be distributed by the Kent Food Bank this holiday season, and Whereas, said Thanksgiving baskets will ensure families here in Kent that are dependent upon the Kent Food Bank will receive enough food for their holiday dinner; and Whereas, through said generosity of our community, the Kent Food Bank will be able to increase the number of families receiving holiday baskets and ensure the quantities of food are adequate; NOW THEREFORE, I, Suzette Cooke, Mayor of Kent, do hereby proclaim October 16 through November 21, 2013 as the In the City of Kent, Washington, and encourage all citizens and local businesses to accept the challenge from Torklift Central employees by collecting frozen turkeys and canned goods for the ever increasing number of families in need here in our community. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 15th day of October 2013. S oke, Mayor This page intentionally left blank. PUBLIC HEARINGS This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar – 7A_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through K. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meetings of September 17, 2013 and October 1, 2013. This page intentionally left blank. Kent City Council Workshop September 17, 2013 The meeting was called to order at 5:31 p.m. by Council President Dennis Higgins. Councilmembers present: Higgins, Thomas, Boyce, and Ralph. Councilmember Albertson and Perry were absent. Councilmember Ranniger arrived at 5:57 p.m. Senate Transportation Hearings. Michelle Wilmot discussed the Senate Transportation Hearings and a letter she prepared for mailing to the legislature which highlighted the concerns of the City of Kent. She noted that the letter strongly recommends the legislature pass a transportation package that includes funding to complete the SR 509/SR 167 "Gateways Project" and to assist with the completion of the 228th Street/Union Pacific Railroad Grade Separation. Council President Higgins added that he would also like to see a section in the letter that addresses the funding of King County Metro Transit services. Councilmember Boyce inquired about the gas tax and Wilmot replied that the prime concern is that there are no strings attached to the distribution of the funds. The funds, she said, must directly fund the needs of the city of Kent and other municipalities. Council President Higgins noted that a sunset clause may or may have been identified and the Council should pay attention to specifics. Councilmember Ralph stated that she didn't think the gas tax funds would come back to the cities. Councilmember Thomas said he was ok if the letter is coming from the Council President, but he didn't want it coming from the Council as a whole. Council President Higgins said he could submit it as the Council President only. Brubaker communicated that the Council can vote on the letter and either have it come from the majority through a vote or determine how the rest of the Council feels about it and add the appropriate names. Council President Higgins, Councilmember Ralph, and Councilmember Boyce communicated that they were ok with having their names on the letter and Brubaker stated that Wilmot can communicate with the other Councilmembers to see if they want their names included in the letter. Downtown Subarea Action Plan. Planning Director Fred Satterstrom discussed the item. He noted that there are some actions that the Council will have to take in the next month and some to execute after the plan is adopted. Downtown has been a Council target issue for years, he said, and displayed a copy of the Kent Downtown Plan from 1966. He pointed out that many of the items in the 2005 Downtown Plan have been executed. Satterstom communicated that the downtown area has expanded since the 2005 Downtown Study Area. He discussed the downtown Kent City Council Workshop Meeting September 17, 2013 2 stakeholder interviews and the vision that came about those studies. The planning principals, he pointed out, are Economic Vitality, Enjoyable Outdoor Space, Urban Livability, Neighborhood Capability, Memorable Downtown Experience, Pedestrian Priority, and Environmental Sustainability. He communicated that Urban Livability was the most important and had the highest interest in the study. He displayed a video of some people that were surveyed about their vision for downtown Kent. City Planner Gloria Gould-Wessen stated that this is a two-phase approach with the first phase being an update of the Comprehensive Plan, map amendments, and a Code amendment. She stated that this Downtown Subarea Action Plan (DSAP) completely replaces the 2005 Downtown Strategic Action Plan. She stated the plan provides three alternatives for growth and staff prefers alternative two which balances the jobs and growth efforts. It also provides adequate housing and jobs which adequately provide for the growth management act levels assigned. She discussed the themes of the DSAP (livability, economic vitality, safety, outdoor gathering space, compatibility, and sustainability) and several enhancements such as improved street and area lighting, business development and redevelopment, mixed uses, and repositioning parks to better serve the community. She communicated that compatibility deals with having appropriate ways to move the residents into downtown and improving pedestrian and bicycling routes. She presented the land use plan maps and the zoning district maps and discussed the staff proposal to grow the urban center (UC) and changing the Comprehensive Plan land use of another area to industrial (I). She noted that doing this will satisfy the King County requirement for urban centers. She explained the aggregated staff proposed rezones and noted that there are residents residing near the ShoWare that are in favor with the rezone. Councilmember Ralph and Councilmember Ranniger inquired about zoning in the North Park area. Gould-Wessen replied that the staff came to the realization that to encourage the size of development to make it worthwhile the area has to be rezoned and have the potential for redevelopment. Councilmember Thomas also inquired about another area next to the one Councilmember Ranniger pointed out and Gould-Wessen replied that the intention is to maintain the buffer to the residential neighborhood. Councilmember Thomas discussed having all of the areas in the CP land use plan map is zoned the same and Council President Higgins pointed out that there is a difference between land use and zoning. Council President Higgins communicated that the rezone would only affect ten properties and Gould-Wessen stated that the Land Use and Planning Committee has looked at them. Councilmember Ralph encouraged the Council to listen to the LUPC meeting. Gould-Wessen stated that there are abandoned buildings on Meeker and the need for investment in that area. She noted that based on the survey and questions to the community the City wants something done. She communicated that rezoning the area to DCE allows the heights to be higher and they anticipate a 65 foot building in the zone. Kent City Council Workshop Meeting September 17, 2013 3 Gould-Wessen communicated the mixed use overlay amendments and noted that the mixed use definition would be revised, there would be an increase in the GC-MU building height, a design review would be added, and the mixed use standards for GC-MU would need to be amended. She communicated that in October this item goes to the Economic and Community Development Committee and, in November, the Council will review it. She continued and stated that in Phase II there will be planned action and infill exemption, an update of the downtown design guidelines, and amendments to development regulations. Economic and Community Development Director Ben Wolters communicated that the economic development initiatives will be a planned action ordinance, the Meeker Revitalization Initiative, work done on outdoor gathering spaces/parks, and a citywide economic development strategy to include more upgraded housing choices. He noted that revitalization initiatives have done well across the nation and the Meeker Revitalization Initiative will take place between 2nd and 4th on Meeker. Satterstrom thanked Councilmember Perry for her service on the downtown steering group and Randal Smith for his work on the committee. The meeting adjourned at 6:29 p.m. Ronald F. Moore, MMC City Clerk This page intentionally left blank. Kent City Council Meeting September 17, 2013 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Ralph, Ranniger and Thomas. Councilmember Albertson arrived at 8:04 p.m. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added Consent Calendar item 7(J), an excused absence for Councilmember Albertson. Interim Chief Administrative Officer Brubaker communicated that there will be an executive session, as authorized per RCW 42.30.110(1)(b), concerning property acquisition. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. Mayor Cooke communicated that the Harlem Globetrotters had an event at the ShoWare Center and Kent was recognized as getting a "Money Ball" because the attendance to the event has increased in each of the previous three years. B. Community Events. Mayor Cooke announced that the “Crop Walk” will be on October 6 at 1:00 p.m. at the Kent Lutheran Church. She added that proceeds go to the Kent Food Bank, the Homeless Men’s Shelter, and the Community Supper at the church. Councilmember Thomas communicated that the Barnum & Bailey Circus will be at the ShoWare from October 3-6. Councilmember Ralph communicated that the 2013-2014 Spotlight Series is going on and discussed the specific plays. Councilmember Thomas communicated that there is a casino event at a Kent “sister” Kiwanis Club on September 28. C. Introduction of Lodging Tax Advisory Committee Appointee. Mayor Cooke introduced Tim Higgins, the new Lodging Tax Advisory Committee member. Tim Higgins thanked the Mayor for the appointment and communicated that having a seat on the board will help the communication flow easier to the ShoWare. He thanked Councilmember Thomas for the mention of the circus event. D. Proclamation for National Public Lands Day at Park Orchard Park. Jeff Watling, Parks and Recreation Director accepted the proclamation and communicated Kent City Council Minutes September 17, 2013 that National Public Lands Day has been going on for six years and the event will occur on September 28. E. Public Safety Report. Police Chief Ken Thomas presented the September 2013 Public Safety report. Car prowls have reduced over the past year and auto thefts are still relatively high, but it is a regional issue, he said. He communicated that robberies have jumped due to it being summertime and the influx of iPhone and iPad robberies. He noted that residential burglaries are going down slightly and commercial robberies are, unfortunately, going up. He presented the Police Chief's Life Saving Award to Officer Jeff Kuzack who used his police-issued automated external defibrillator (AED) to revive a resident who was experiencing a heart attack. Chief Thomas noted that this is Officer Kuzack’s second life-saving award in two years. He read a letter from the crew of firefighters who arrived on the scene, applauding the efforts of Officer Kuzack. Thomas presented Officers Joe Mello, Justin Davis, Jason Phelps, Justin Rausch and introduced new Correctional Officer Amber Brunelle to the Council and public. He discussed their backgrounds and Mayor Cooke swore the officers in. He noted that the next quarterly open community meeting is this Thursday at 7:00 p.m at Horizon Elementary School. Councilmember Boyce confirmed that all vehicles are equipped with an AED. F. Intergovernmental Report. Council President Higgins said the King County Regional Transit Committee meeting was cancelled for September 18 and will meet in October and that the King County Chemical Dependency and Oversight board will also meet in October. He discussed the King County Regional Policy Committee and the main topic was the solid waste interlocal agreement extension and that the city of Bellevue didn't execute the agreement. He stated that Seattle also hasn't signed the extension. Councilmember Ralph communicated that the South County Area Transportation Board (SCATBD) met this morning and the Puget Sound Gateway Project completion of State Route 509/State Route 167was discussed. She noted that Washington State exports $111 billion in goods and products and this project is crucial to the economic vitality in this area and keeping the ports competitive. She noted that the King County Regional Law and Safety & Justice Committee meets on September 26 and they will be discussing affordable health care and its impacts on the criminal justice system. Councilmember Boyce attended the Sound Cities Association (SCA) meeting and said the non-execution of the solid waste interlocal agreement extension upset cities, but a draft extension agreement should be ready by October 29 for SCA and going to the King County Council on November 27. PUBLIC COMMENT 1. Tom Brice, Kent, presented a petition against the sale of the Par 3 golf course to the City Clerk. 2. Perry Sobolik, Kent, discussed the utility committee and said he received a shut off notice for his water. He said the customer service department was friendly and 2 Kent City Council Minutes September 17, 2013 voiced his disapproval of having to pay a $30 fee for the shut off notice. He said that a $30 fee for the cost of paper, postage, and an envelope seems punitive and the people who are struggling can't afford it. He said it doesn't seem fair to charge the fee. However, he said he had to pay the fee. He suggested someone look into the fee and any others. Mayor Cooke communicated that Councilmember Thomas will look into the water shut off fees. Councilmember Thomas stated that the banks charge $35 per bad check. CONSENT CALENDAR Council President Higgins moved to approve Consent Calendar Items A through J, seconded by Councilmember Thomas. The motion carried and the following items were approved: A. Minutes of the workshop and regular Council meeting of September 3, 2013. B. Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 20, 2013. Checks issued for vouchers: Date Check Numbers Amount 7/31/13 Wire Transfers 5553-5566 $1,243,227.03 7/31/13 Regular Checks 675004-675381 3,543,602.38 7/31/13 Use Tax Payable 387.38 $4,787,216.79 Approval of checks issued for payroll for July 16 through July 31 and paid on August 5, 2013: Date Check Numbers Amount 8/5/13 Checks 332515-332661 $ 118,441.57 8/5/13 Advices 317109-317760 1,229,266.12 $1,347,707.69 Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on September 3, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/13 Wire Transfers 5567-5585 $1,605,558.35 8/15/13 Regular Checks 675382-675990 2,503,922.78 8/15/13 Use Tax Payable 4,830.79 $4,114,311.92 3 Kent City Council Minutes September 17, 2013 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 2013: Date Check Numbers Amount 8/20/13 Checks 332662-332803 $ 106,227.78 8/20/13 Advices 317761-318413 1,209,260.47 $1,315,488.25 C. Excused Absence for Councilmember Albertson. Councilmember Albertson was unable to attend the September 3, 2013 Council meeting. D. Ordinance Amending Kent City Code 8.01 – Establishing “Chronic Criminal Nuisance” – Adopt. Ordinance No. 4088 amending Ch. 8.01 of the Kent City Code, entitled “Public Nuisances,” to establish a “chronic criminal nuisance” that exists when three instances of criminal conduct occur on a property within a one year period and do not involve the property owner or occupants being the victims of the criminal conduct or contacting the police to report the criminal conduct, was approved. E. Ordinance Amending Kent City Code 15.02 and 15.04 regarding Group Living Facilities – Adopt. Ordinance No. 4089 amending Chapter 15.02, entitled, “Definitions,” by adding and amending sections, and correcting a publishing error in section 15.02.173; amending Chapter 15.04, entitled, “Residential land uses,” amending zoning districts and residential land use development conditions; and updating the code for consistency with state laws and regulations, was approved. F. Lodging Tax Advisory Committee Appointment – Confirm. The Mayor confirmed the appointment of Tim Higgins to the Lodging Tax Advisory Committee. G. Kent Public Facilities District Board Member Reappointment – Confirm. The Mayor confirmed the reappointment of Mike Miller to the Kent Public Facilities District Board. H. 2014 Mid-Biennium Budget – Set First Public Hearing Date. October 1, 2013 was set for the first public hearing date for the 2014 Mid-Biennium Budget. I. 2014-2018 Capital Improvement Plan – Set Public Hearing Date. October 1, 2013 was set for the first public hearing date for the 2014-2018 Capital Improvement Plan. OTHER BUSINESS A. Karras Consulting Services Interim Chief Administrative Officer Tom Brubaker communicated that this item involves hiring an outside recruitment firm to locate a new Finance Director because current Finance Director Robert Nachlinger resigns on December 31, 2013. He communicated that the Operations Committee expressed concerns that there could be a new Mayor and an Interim Chief Administrative Officer. He stated that the hiring process will take four to five months and communicated the process. He added that 4 Kent City Council Minutes September 17, 2013 the firm has communicated that even if expedited the new Finance Director probably wouldn't be in place until the end of January. Council President Higgins moved to authorize the Mayor to sign an Agreement with Karras Consulting, Inc., and all other documents necessary and consistent with that Agreement, in an amount not to exceed $26,280, plus limited travel costs, to assist the City in recruiting a replacement for the City’s retiring Finance Director, subject to approval of final terms and conditions acceptable to the Human Resources Director and the City Attorney, seconded by Councilmember Ranniger. Councilmember Thomas communicated that he would be voting against this because of the timeline and felt the talent pool within the City should be considered to fill this position. He stated that the Operations Committee could not come to a conclusion on this item. Councilmember Boyce opposed this because it is too early and felt there is staff in- house that can fulfill the requirements of this position. He added that the City could advertise this and obtain a candidate. He added that there are talented people out in the market who could possibly qualify and for $25,000 he is sure that Bob could come back for a couple of weeks to be a consultant. He also added that there are national publications that this can be advertised in. Councilmember Ranniger stated that she has two concerns. One is with advertising and the other is with whether there is talent in-house to do the job. She inquired if the process is to select the new Finance Director after the Mayor race is concluded. Brubaker replied and Councilmember Ranniger felt the Council could move ahead with a process. She inquired what the advantage would be to use an outside consultant and Brubaker replied that the position is important and is hard to fill. He stated that the Human Resource Director picked this firm because they have expertise with finding candidates and have a pool of excellent candidates. Mayor Cooke communicated that the City has both the Finance Director and the Chief Administrative Officer (CAO) position to fill and the Finance Department and Human Resource Departments are being stretched. She communicated that the consultants could do a thorough job, provide additional background information, and can communicate with people who are employed who may be interested in this job. Councilmember Ranniger verified that the motion is only for the Finance Director position and wondered if there was any thought in using the consultant for both positions. Mayor Cooke replied that the CAO position wasn't discussed and isn't as urgent as the Finance Director. Brubaker communicated that once the election is completed the CAO position will be considered. He said there is a lot of recruiting to be done because of a high number of retirements in the staff, to include one of the Human Resource recruiters. Councilmember Albertson arrived at 8:04 p.m. 5 Kent City Council Minutes September 17, 2013 Councilmember Ralph stated that she will not be supporting this and felt that the City should advertise in national publications and do the recruitment themselves. Council President Higgins moved to postpone this item until the October 1 meeting, seconded by Councilmember Albertson. Councilmember Boyce verified that Council President Higgins wants the full council available to consider this motion. Councilmember Albertson said she is in favor of the motion because she just arrived from the Senate hearings and hasn’t heard all the discussion. Councilmember Thomas stated he wasn't in favor of the motion A vote was taken on the motion on the table. Council President Higgins, Councilmember Ranniger, and Councilmember Albertson voted in favor. Councilmember Thomas, Councilmember Ralph, and Councilmember Boyce dissented. Motion failed 3-3. Councilmember Thomas moved to postpone the item indefinitely, seconded by Council President Higgins. Council President Higgins, Councilmember Ralph, Councilmember Albertson, Councilmember Thomas, and Councilmember Boyce voted in favor. Councilmember Ranniger dissented. Motion carried 5-1. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins discussed the workshop and summarized that there was a report from Economic and Community Development (ECD) staff concerning the Downtown Subarea Plan. He noted that the staff recommendation and the ECD Committee proposals were heard. He pointed out that it was announced that most of the goals from the 2005 plan have been completed. He appreciated the presentation and said it will be going to the ECD Committee and Council in early November. He discussed the Senate Transportation Hearings and said the letter was reviewed by the Council. He noted that he will sign the letter and other Councilmembers are welcome to sign it. . B. Mayor. Mayor Cooke discussed the Heritage Bank ribbon cutting and encouraged the Council and public to visit their display of Kent’s history inside the bank. She stated that there was a meeting last week by the King County Executive Flood Control District Board with FEMA and it was communicated that flood insurance rates are going significantly up. She stated that it is critical to have properties mapped to determine if they aren’t in the flood plains. She stated that FEMA has stated that the maps will be done in about five years and will be reflect how the levees will be in 2016. She continued and thanked the Kent4Health volunteers for their participation in the event in Renton. She stated that Thursday she will be at the Interstate 405/State Route 167 advisory group meeting and there is a high amount of pressure for the City to accept three-person HOV lanes. She said she isn’t in favor of it on State Route 167, but felt there may be room for it on Interstate 405. She noted that the Kent Downtown 6 Kent City Council Minutes September 17, 2013 Partnership has been very engaged with the Downtown Subarea Plan and their breakfast is Friday morning at ShoWare. C. Administration. Interim Chief Administrative Officer Brubaker stated there will be an executive session for 10 minutes. D. Economic & Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. Councilmember Ranniger stated that there will be a discussion on September 19 in the Council Chamber at 5:00 p.m. about the financial challenges concerning the golf course. No decision making will occur, she said, and the meeting is a part of the ongoing exploration concerning the shortfall and how to make the golf system sustainable. . G. Public Safety Committee. In the minutes. H. Public Works Committee. Councilmember Albertson stated that there was a Public Works Committee meeting last night concerning cuts to bus service in Kent. She said mostly the east-west routes within Kent and travel within King County would be cut and that the north-south routes that bring residents to Seattle aren’t affected. She discussed the Senate Transportation Hearings, where Kent stands, and said that the location and times of the meetings are on the City’s website. She noted that the next meeting is on October 7. I. Regional Fire Authority. Councilmember Thomas communicated that there was a 4-3 vote for the city of SeaTac to execute an agreement to procure fire protection services from the Regional Fire Authority. Mayor Cooke announced that she has executed a proclamation naming September 28, 2013 as “Mayor’s Day of Concern for the Hungry.” RECESS At 8:27 p.m., Mayor Cooke called for a two minute recess. At 8:30 p.m., the regular meeting reconvened. EXECUTIVE SESSION At 8:31 p.m. the Council adjourned into Executive Session for ten minutes. At 8:39 p.m., the regular meeting reconvened. Brubaker discussed the acquisition of two properties by the City for enhancement of the storm drain utility, to eventually certify the levee, and enhance the Lower and Lowest Russell Road Levee. 7 Kent City Council Minutes September 17, 2013 Councilmember Albertson moved to authorize the Mayor to sign any and all necessary documents to complete the purchase of the property located at 22254 Russell Road South from Thomas & Janice C. Baxter in an amount not to exceed $201,600 plus any reasonable closing costs for the Lower and Lowest Russell Road Levee project, subject to approval of final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Higgins. Motion carried 6-0. Councilmember Albertson moved to authorize the Mayor to sign any and all necessary documents to complete the purchase of the property located at 22250 Russell Road South from Jeanne Hamilton in an amount not to exceed $221,000 plus any reasonable closing costs for the Lower and Lowest Russell Road Levee project, subject to approval of final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Ralph. Motion carried 6-0. Mayor Cooke noted that the funds for this purchase came from King County Conservation Futures Program. ADJOURNMENT The meeting adjourned at 8:40 p.m. Ronald F. Moore, MMC City Clerk 8 Kent City Council Workshop October 1, 2013 The meeting was called to order at 5:31 p.m. by Council President Dennis Higgins. Councilmembers present: Council President Higgins, Councilmembers Thomas, Perry, and Ralph. Councilmember Albertson, Boyce, and Ranniger were excused. Seattle/King County Public Health - Medicaid/Health Benefit Expansion. Erica Nuerenberg presented the topic and highlighted that 24 percent of Kent residents don’t have medical insurance based on census data. She discussed specifics of the program and noted that Washington is launching a health benefit exchange to maximize enrollment and retention. She added that there are 180,000 King County residents who will be eligible for health coverage on January 1, 2014. Nuerenberg said in one year the outreach and enrollment plan, which is based on education and targeted enrollment, will begin. She displayed who and where the outreach and enrollment partners are located in the City of Kent and announced an enrollment event on November 9th at Kent Meridian Park from 9:00 a.m. to 5:00 p.m. She urged the Council to be champions of this effort and promote enrollment by attending enrollment events. She displayed the website and noted that all of the information concerning registering is located there and will be spread through social media outlets, too. Council President Higgins verified that if any other organizations want to partner with Seattle/King County Public Health they can get in touch with Jennifer DeYoung. Neurenberg noted for Councilmember Perry that open enrollment is through March 31st. Councilmember Perry communicated that she is encouraged about this and thanked King County for pushing this program and getting the word out. 2014 B&O Project List. Tom Brubaker, Interim Chief Administrative Officer introduced the item. Tim LaPorte, Public Works Director displayed the 2013 Project list and highlighted the projects that have been completed. He noted that there is some asphalt work to do this year to complete the list for this year. He communicated that inlays have been done. He highlighted that his proposal is to have all the work done next year by in- house City of Kent crews. He discussed the makeup of Military Road and how repairs are typically done on concrete roads such as this. He discussed the issues of East Gowe Street and noted that the damage has been done by tree roots. He continued and discussed South 200th Street, SE 208th Street, South 228th Street, 76th Avenue South, James Street, and 6th Avenue North. He communicated that there are also repairs that need to be done at South 212th Street. He also recommended that North Central from Smith Street to South 228th go to bid this year. He discussed other locations that could be repaired to include Central Avenue South, at an estimated cost of $4 million. He added that the City does have a design grant of $300,000 for this project. LaPorte communicated that Central Avenue South is problematic because the staff would need to know if the Council wants them to focus on this by December Kent City Council Workshop Minutes October 1, 2013 because there are some issues that need to be addressed prior to any work being done. LaPorte noted that something would need to be taken out of the proposal list because this is a $4 million dollar project. He discussed 212th and 72nd Avenue and said that it is a great spot to do a concrete intersection. He noted that doing intersections aren't cheap, but they should be done in the future. Councilmember Ralph confirmed that the length of a concrete intersection would be about 200 feet before the light. David Brock, Utility Engineer discussed the 84th Avenue South/East Valley project and stated it would cost about $2 million to repair. He continued and discussed 80th Avenue from South 196th Street to South 188th Street stated the estimate for repairs is $1.5 million. He continued with South 192nd Street from the cul-de-sac to East Valley Highway which would cost of $1.1 million in repairs. Additionally, they discussed South 194th Street from the cul-de-sac to East Valley Highway which would run the City $1.2 million to repair. Councilmember Perry inquired if there is one project that is a high cost project that takes priority. LaPorte replied that all of the streets on this list need to be paid attention to and recommended his proposal be adhered to, not focusing all funds on one street or project. Councilmember Perry and Councilmember Ralph expressed concerns about the larger projects costing more in the future and the City not being able to afford to repair them now. Bill Thomas, Street Superintendent communicated that there used to be a time when the staff asked for $10 to $12 million to repair roads, but now there is only $4.5 million available. Laporte communicated that when roads fail and they need to be rebuilt. If South Central is chosen to be rebuilt, he noted his department will need proper notice. Councilmember Perry communicated that the smaller projects are treading water and the large projects can't get funded with the $4.5 million. LaPorte discussed traffic signals and said they are on their own timers and need uninterruptable power supplies. He also communicated that there are 41 street lights that have been knocked down. Council President Higgins added that the power supplies for light poles are a part of the recommendation and cost $200,000. Thomas verified that about two or three of the power boxes get replaced a year. Council President Higgins confirmed that LaPorte recommended that the proposal include five years of additional B&O funding. He asked LaPorte what he needed from the Council and LaPorte communicated he would like to have the Council approve this list by the end of the year. He added that he needs six months lead time on the recommended streets. 2 Kent City Council Workshop Minutes October 1, 2013 Council President Higgins noted that the City estimated funding $10 million and this estimate is only for half of that. He suggested continued discussion on the funding side. Councilmember Ralph communicated that the concrete analyst position is number seven in the queue of hires and the last concrete assessment was done in 2009. Councilmember Perry verified that the City has requested $10 million in federal grant funds for South 212th Street and funding for 228th will also go sour in the next two or three years. Council President Higgins added that the federal funding is a part of the funding the City wants the Senate to add to the Transportation Package. Councilmember Perry inquired about the 2 percent utility tax and Brubaker communicated that it will go to the debt payments. He stated that he will bring back the numbers for discussion at the budget workshop next week. Councilmember Perry added that if the same analysis is done every year, the big projects won't get done. She said she would like to see some type of an objective measurement of which project is better to complete than another. She would like to plainly be able to see which road is the worst, which has the largest need, and which must get done based on those measurements. Thomas communicated that when it comes to road maintenance, the roads that can be saved are saved and the ones that fail need to be let go. LaPorte noted that South Central Avenue and 80th Avenue South are too far gone. Brubaker communicated that there is a vision for a safer, more beautiful, and connected City with streetscapes and aesthetics. However, at some point money has to be thrown to that goal. He noted that at some point there needs to be a decision made to enhance the streetscapes, because it is a policy decision. The meeting adjourned at 6:37 p.m. Ronald F. Moore, MMC City Clerk 3 This page intentionally left blank. Kent City Council Meeting October 1, 2013 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Albertson, Higgins, Perry, Ralph, and Thomas. Councilmember Albertson arrived at 8:04 p.m. CHANGES TO THE AGENDA Interim Chief Administrative Officer Brubaker communicated that there will be an Executive Session concerning Property Negotiations. A. From Council, Administration, Staff. Council President Higgins added Consent Calendar item 7(H), an excused absence for Councilmember Boyce and Consent Calendar item 7(I), an excused absence for Councilmember Ranniger. Council President Higgins also removed item 11A. Councilmember Albertson removed Consent Calendar item 7(A), the minutes of the previous workshop and regular meeting. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. None. B. Community Events. None. C. Proclamation for "Releaf" 2013 at Clark Lake Park. Lori Hogan, Assistant Superintendent, Parks, Recreation and Community Services accepted the proclamation and communicated that the event will be held Saturday, October 12, 2013 from 9:00 a.m. to noon. The group will be meeting in the Eastridge Baptist Church lot at 12520 SE 240th Street. E. Intergovernmental Report. Council President Higgins discussed his attendance at the Puget Sound Regional Council (PSRC) Executive Board meeting. He noted that the board executed a compact for increased transit density in new transit hubs in Kitsap, Pierce, King, and Snohomish counties. He also added that Josh Brown was appointed as the new executive director. He added that the next King County Regional Transit Committee meeting is October 16th and the next Regional Policy Issues Committee meeting is on October 9th. Also, he stated that he will be attending the King County Mental Illness and Oversight Board meeting later this month. Councilmember Ralph communicated on she attended the King County Regional Law, Safety and Justice Committee meeting and discussed the Affordable Healthcare Act and how it affects the justice system. She discussed the highlights of the meeting and that it was to encourage local jurisdictions to help the population enroll in health coverage. Councilmember Albertson noted that King County Regional Water Quality meeting is October 2nd. Kent City Council Minutes October 1, 2013 Council President Higgins mentioned that the appointment process for regional committees is ending on Friday and applications are due by Friday. He noted that the Senate Transportation meetings are continuing and there is another one on the evening of the 9th and a final forum on the 14th that he is attending with Councilmember Ralph. Councilmember Albertson said she is going to the Senate Transportation hearing on the 9th at the Evergreen State College campus. PUBLIC HEARING 2014 Mid-Biennium Budget - First Public Hearing. Mayor Cooke explained the 2014 Mid-Biennium Budget. She stated this is the first opportunity the Council has had to review the budget midway through the two-year period. She noted that this time is the time the Council will be able to tweak and make adjustments to the budget, not adopt a new one. Bob Nachlinger, Finance Director discussed the budget process. He discussed the budget by fund and expressed where the revenues come from that made up the budget. He also communicated what the expenditures were. He communicated to the Council that the staff is comprised of 615 authorized positions and that equates to 5.2 employees per capita. Mayor Cooke opened the public hearing on this item. 1. Tim Clark, Kent - Discussed the budget and thanked the Council for keeping human service funding intact. He suggested the Council look at the enterprise fund and urged them to keep the Par 3 golf course. He asked them to pay attention to the drop in revenues that have led to difficulties in all departments and in maintaining public facilities. He asked the Councilmembers going to the Senate Transportation Forum to keep in mind that south King County is underserved when it comes to funds put into the transportation system. Council President Higgins moved to close the public hearing seconded by Councilmember Thomas. Motion carried 5-0. 2014 - 2018 CIP - First Public Hearing. Bob Nachlinger, Finance Director discussed the CIP. He announced that there is an anticipated $32 million in capital improvements planned and communicated where the anticipated funds come from that make up this plan. Councilmember Albertson inquired about the funds that are to be derived in 2017 as reflected in the presentation and Nachlinger replied that those funds will be realized from future projects that aren't identified yet in the capital plan. Those funds, he explained, will come from funding agencies through grants once they are identified. She inquired why they are on the anticipated revenue 2014-2018 slide and he communicated that they are on this slide because the City anticipates the revenues to come in. Councilmember Albertson stated that the graph should be easily understandable to the residents and it isn’t. The slide isn’t adequate for a public hearing if the Council really wants the public to understand and participate, she said. 2 Kent City Council Minutes October 1, 2013 Councilmember Thomas communicated that the difference in the cost of government are significant and asked for an explanation. Nachlinger communicated that there is a significant increase due to a correctional facility being built between 2016 and 2017. Nachlinger also explained to Councilmember Ralph that the correctional facility is deemed to be a general facility, not a public safety facility. Councilmember Ralph pointed out that some of the grants have been broken out for some of the years and for some reason in 2017 they show up as “Other.” Nachlinger explained that it is like this because prior to 2017 the grants are identified and those after that need to be identified. Discussing the slide, Councilmember Perry stated the "Other' shows the need versus the revenue coming into the City. She said there is a list of things the City needs to do and the reality of how much money the City has coming in and the “blue line” shows the difference. Mayor Cooke opened the public hearing on this item. 1. Bill Doolittle, Kent - Discussed the B&O tax and communicated that the main reason it was approved was that it was for road maintenance. He communicated that the slide shows that $300,000 is only being used for roads and that isn’t enough. Council President Higgins explained to Doolittle that the $300,000 is the expenditure for the auditors and the total being spent on the roads is $4.7 million of the $5 million dollars of anticipated B&O revenues. Council President Higgins moved to close the public hearing, seconded by Thomas. Motion carried 5-0. PUBLIC COMMENT 1. Bill Doolittle, Kent, discussed the City of Kent website and noted that the City’s electronic newsletter was informative. He communicated that the .pdf file for the agenda and packet contained a virus. He said there were two items that should have been included in the newsletter and website, the debates and the October fest. He discussed the candidate forum sponsored by the Kent Chamber of Commerce and said it is crazy for them to be to charging $20 admission for residents to go see the debate at the ShoWare. Mayor Cooke replied and said the City calendar on the website could be used by sponsoring organizations. She also noted that this candidate forum is sponsored by the Chamber of Commerce and they have to pay to use ShoWare. She suggested he call the Chamber to attend without eating and it may be free. Doolittle communicated that the Octoberfest is put on by the rotary and the debate in ShoWare should be free with the City allowing them to use the facility for free. 3 Kent City Council Minutes October 1, 2013 Council President Higgins pointed out that there are two other candidate forums coming up. One, he said, is on October 10th at 7pm at Sunrise Elementary School and the other is on Friday, October 18th at the Kent Commons. Councilmember Ralph communicated that the Octoberfest is sponsored by rotary and not on city property. She stated that they use it as a fundraiser so there is a charge to attend. Councilmember Thomas added that the Scenic Hill candidate forum was recorded and plays on Channel 21. Mayor Cooke stated that the candidate forums are also available online. 2. John Schut, Kent, discussed the Homeowners Association and thanked Council President Higgins for his assistance with the Homeowner Associations. CONSENT CALENDAR Council President Higgins moved to approve Consent Calendar Items B through I, seconded by Councilmember Thomas. The motion carried and the following items were approved: B. Payment of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 17, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 8/31/13 Wire Transfers 5586-5598 $1,764,245.11 8/31/13 Regular Checks 675991-676543 3,739,442.56 8/31/13 Use Tax Payable 2,316.14 $5,506,003.81 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5, 2013: Date Check Numbers Amount 9/5/13 Checks 332804-332952 $ 98,413.12 9/5/13 Advices 318414-319058 1,209,227.88 $1,307,641.00 C. Excused Absence for Councilmember Albertson. Councilmember Perry who was unable to attend the September 17, 2013 Council meeting. D. Renewal of New Cingular Wireless Cell Site Lease at Fenwick Park. The Mayor was authorized to sign Addendum Two to the cell tower lease agreement with New Cingular Wireless at Lake Fenwick Park, and all other necessary documents, to extend the term for an additional five years, to grant New Cingular an option to renew the lease for three additional five year periods, with periodic rent increases, subject to 4 Kent City Council Minutes October 1, 2013 final terms and conditions acceptable to the City Attorney, and ratify all acts consistent with this authorization. E. Desimone Levee Interlocal Agreement with Tukwila. The Mayor was authorized to sign an Interlocal Agreement between the City of Kent and the City of Tukwila for improvements to and FEMA accreditation of the Desimone Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. F. 2014 Washington State Arts Commission Project Support Grant. The Mayor accepted the $3,950 grant from the Washington State Arts Commission, approve the expenditure of funds in the Kent Arts Commission’s budget, and authorize the Parks Director to sign all necessary documents related to the grant’s acceptance and expenditure. G. New Connections Lease Agreement. The Mayor was authorized to sign a five year Lease Agreement with New Connections to rent the city-owned building located at 422 West Titus Street, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. OTHER BUSINESS A. GreenPlay Agreement. Lori Hogan, Assistant Superintendent, Parks, Recreation and Community Services discussed the agreement and noted that GreenPlay is a consulting firm that will review the City's recreation programs as a result of the Berk Study. She noted how the five to six month process would be executed and the specifics of GreenPlay's Pyramid Methodology. Councilmember Ralph stated this was discussed several times in the Parks committee meetings and wanted to ensure this fits the Council's request to identify the need for the request to quantify and justify whether programs should be continuing or not. She verified with Hogan that by spreading this out over a five to six month period of time there will be less of an impact. Hogan confirmed and communicated the process and said the result will be a living, breathing document. She added that everyone will have a voice in the document which will live on as a tool steering the City where to have future services and evaluate what is done in the department. Councilmember Ralph moved to authorize the Mayor to sign a Consultant Services Agreement with GreenPlay in the amount of $33,950 for its assistance in reviewing the City’s recreation programs as a result of the recent efficiency study, subject to final terms and conditions acceptable to the City Attorney and the Parks Director, seconded by Councilmember Albertson. Councilmember Albertson stated that there was a robust discussion about this in the Parks Committee meeting. She favors the GreenPlay philosophy because they will ask the City if its programs are priced equitably and fairly. Also, she noted they will also ask how the City will continue to fund facilities and services knowing that there are budget constraints. Continuing, she said that this organization, with the experience 5 Kent City Council Minutes October 1, 2013 they have will go to the community and get the answers to the hard questions like “Is the City using its funding in a responsible manner,” “Does the City have a methodology for subsidy distributions,” and “How does the City charge for services and programs that are aligned with the City’s mission, vision, and values”. She added that there will be community meetings which will assist in determining which methodology the City should use. She added that there are challenges after the parks levy did not pass. This, she concluded, is a small investment that she hopes will pay off in the future and urged Council support. Councilmember Thomas is opposed to the motion. He communicated that $33,950 can pay for a part-time clerk in the police department. He stated that there was a list in the workshop concerning the list of projects discussed to fix roads and felt there are other expenditures needed. He inquired if the Parks Department could do something similar and come up with a list of programs to bring to the community, staff and Council. Councilmember Albertson communicated that deciding on what failing road needs to be fixed isn’t as agonizing to decide on. Deciding on what programs or parks need to be cut or closed is an emotional decision and a harder to deal with. Hogan communicated that the period methodology doesn’t give the City answers; it gives the City a tool by an unbiased entity which places the services on the pyramid to give the Council the informational tool to go forward and decide what choices need to be made. Councilmember Perry said this is an objective measure to get as much information as possible. She felt this should be done with the roads, too. The City should be getting a return on investment on public dollars and this is to ensure the City is running the best operation it can run. A vote was taken on the motion on the table which carried 4-1. Councilmember Thomas opposed. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins discussed the workshop and said there was a report from Seattle/King County Public Health about their outreach on the healthcare initiative. He stated that Seattle/King County Public Health is moving forward and reaching out to communities to assist them in their healthcare options. He stated that this portion of the workshop was recorded and will be placed on Channel 21. He noted that 1 out of 4 Kent residents are uninsured. He also noted that there was a presentation by Public Works on projects to be funded by the B&O tax. He said the recommendation was given to the Council and the Council will consider it and give its thoughts back to Public Works concerning improvements to be made in 2014. B. Mayor. Mayor Cooke thanked the Public Works staff for their work over the past week with the rainstorms. She discussed that the City does have some of the areas with issues this past week are projects on the capital budget for utilities and they should continue to improve. She discussed the King County Coordinating Committee on Gangs and said they are coming close to some recommendations and will soon be 6 Kent City Council Minutes October 1, 2013 able to apply for grants on the federal level to be able to use them to intervene in the prevention of youth being pulled into gangs and those that are already in gangs. She stated that the US Corps Engineers cancelled their meeting concerning the Briscoe Desimone levee and it was cancelled because of the federal government shutdown. C. Administration. None. D. Economic & Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. Councilmember Albertson announced that the next Parks and Human Services Committee meeting would be October 17th. G. Public Safety Committee. In the minutes. H. Public Works Committee. Councilmember Albertson stated that the next meeting is October 7th and an additional meeting will be held on October 22nd. I. Regional Fire Authority. Councilmember Thomas communicated that he went to the Retired Firefighters Luncheon last Friday. He said his next meeting is October 2nd. ADJOURNMENT The meeting adjourned at 8:04 p.m. Ronald F. Moore, MMC City Clerk 7 This page intentionally left blank. Agenda Item: Consent Calendar – 7B TO: City Council DATE: October 15, 2013 SUBJECT: Reappointments to Kent Arts Commission – Confirm SUMMARY: Confirm the re-appointment of Suzanne Smith, Sharona Chandra, Tonya Goodwillie, Susan Machler and Linda Mackintosh to additional four year terms on the Kent Arts Commission through October 31, 2017. Suzanne Smith requested reappointment as she believes that art plays an important role in our lives. The availability of art, art performances and literature improves the quality of life for the residents of Kent. She will continue the wonderful work the commission does to bring Art, live performances and support of local art programs and artists to our community – it is important to bring national talent to Kent for our residents to enjoy. Art is an important element in our many different cultures and she would love to have an Art showcase with art from some of the various cultures of the citizens of Kent. Sharona Chandra commented that the last 3 + years serving on the Arts Commission have been very satisfying and fulfilling. She has worked with wonderful people, worked on great projects both in performing as well as visual arts. She wishes to continue her service on the commission in serving the Kent community. Tonya Goodwillie would like reappointment to the Arts Commission as she has thoroughly enjoyed the Commission and is honored to be a part of a group of people that are dedicated to arts in the Kent community. She remains dedicated to the commission and looks forward to furthering her knowledge of how to serve the Kent community even more. Susan Machler requested reappointment to the Arts Commission having enjoyed her time as a commissioner. She is constantly amazed by how many new things she has learned at every meeting about her own town. She is very proud of Kent’s commitment to the arts. In a community that has loud and negative voices about how public commitment to art is a waste of taxpayer dollars, she is happy that the City of Kent continues to make performance art available to the Kent community. Linda Mackintosh requested reappointment to the Arts Commission to continue her work for the Kent community. Linda has enjoyed her experience and time serving as an Arts Commissioner and is delighted that the City of Kent makes such a valuable investment in the Kent Community. RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None MOTION: Confirm the Mayor’s re-appointment of Suzanne Smith, Sharona Chandra, Tonya Goodwillie, Susan Machler, and Linda Mackintosh to the Kent Arts Commission. This page intentionally left blank. Agenda Item: Consent Calendar – 7C TO: City Council DATE: October 15, 2013 SUBJECT: Greenhouse Gas Emissions Reduction Policy - Adopt SUMMARY: In 2007, Governor Christine Gregoire signed Executive Order 07-02 initiating the Washington Climate Change Challenge. The Executive Order established greenhouse gas emission reduction goals, directed the implementation of the policies to reduce emissions, and directed state agencies to take action including development of strategies to reduce emissions. Pursuant to the RCW 70.235.020, when distributing capital funds through competitive programs for infrastructure and economic development projects, all state agencies must consider whether the entity receiving the funds has adopted policies to reduce greenhouse gas emissions. Staff from Economic and Community Development, Parks and Public Works, collaborated to draft a Greenhouse Gas Emissions Reduction Policy. These policies are consistent with current city practices. As the City updates the Kent Comprehensive Plan (due in 2015), staff will be considering the Countywide Planning Policies; Vision 2040, the adopted regional growth strategy; the Washington Climate Change Challenge; and RCW 70.235.020, which address greenhouse gas emission issues. The attached greenhouse gas emission reduction draft policies (Exhibit A) are consistent with the state, regional and county regulations and guidance. EXHIBITS: Exhibit A – Greenhouse Gas Emissions Reduction Policies Exhibit B - Proposed Resolution RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None MOTION: Authorize adoption of Resolution No. , endorsing and adopting Greenhouse Gas Emission Reduction Policies, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, endorsing and adopting Greenhouse Gas Emission Reduction Policies. Recitals A. The City of Kent recognizes state, regional and local governments throughout the United States are adopting energy conservation programs and policies. B. All state agencies must consider whether cities receiving capital funds have adopted policies to reduce greenhouse gas emissions per RCW 70.235.070. C. Governments and corporations, both large and small, are reducing the production of global warming pollutants through the implementation of programs and policies that promote reduced energy bills, green space preservation, air quality improvements, reduced traffic congestion, improved transportation choices, and improved greenhouse gas emission reduction policies, among other policies. D. The Greenhouse Gas Emission Reduction Policy, Exhibit A, is a compilation of existing Comprehensive Plan policies and operational standards related to the reduction of greenhouse gases. E. The City of Kent Comprehensive Plan update will be guided by the goals and policies of Vision 2040, the adopted regional growth strategy; the Washington Climate Change Challenge established by the Governor in February 2007, and Legislative action under RCW 70.235.020, both of 1 Greenhouse Gas Emission Resolution which established greenhouse gas emission targets; and the approved Countywide Planning Policies for King County. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. Greenhouse Gas Emission Reduction Policy. The policies attached hereto as Exhibit “A” are adopted as the City of Kent’s Greenhouse Gas Emission Reduction Policy, to satisfy the Washington State Public Works Board requirement and to recognize the policies will benefit the City of Kent and will help in reducing greenhouse gas emissions. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this resolution and that remaining portion shall maintain its full force and effect. SECTION 3. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2013. CONCURRED in by the Mayor of the City of Kent this day of , 2013. SUZETTE COOKE, MAYOR ATTEST: 2 Greenhouse Gas Emission Resolution RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ______ passed by the City Council of the City of Kent, Washington, the day of , 2013. RONALD MOORE, CITY CLERK 3 Greenhouse Gas Emission Resolution This page intentionally left blank. City of Kent, Washington Resolution No. - Exhibit A Greenhouse Gas Emissions Reduction Policy A. PUBLIC BUILDINGS 1. All new publicly funded buildings should be models of cost-effective, energy-efficient design. 2. Encourage energy conservation practices in buildings by raising the awareness of employee’s own energy use. 3. Conduct energy audits of publicly owned buildings, evaluate potential conservation measures, and carry out those measures as appropriate. 4. Promote weatherization programs for existing buildings, and provide information to residents. B. EMPLOYEES 1. Encourage ride-sharing, van-pooling, bicycling and the use of transit by employees. 2. Support voluntary, employer-based trip reduction programs, including: • Provide assistance to regional and local ridesharing organizations; • Advocate for legislation to maintain and expand incentives for employer ridesharing programs; and • Provide public recognition of effective programs. 3. Encourage energy conservation practices in buildings by raising the awareness of employee’s own energy use. C. FLEET / VEHICLES 1. Evaluate an energy-sensitive fleet management program, to include driver training, the use of alternate energy sources such as electricity, diesel or bottled gas, fuel-efficient vehicles, frequent tuning and maintenance of vehicles, and the use of re-refined motor oil in fleet vehicles. 2. Reduce pollutants from transportation activities, through design standards, land use, the use of cleaner fuels and vehicles, and alternatives to driving alone. D. PURCHASING 1. Encourage buying locally produced materials to reduce greenhouse gas emissions. 2. Promote purchasing practices and standards to support reductions in greenhouse gas emissions, including preferences for energy-efficient office equipment, the use of recycled materials, and manufacturers that have implemented green management practices. E. EQUIPMENT 1. Manage street lighting needs by applying lighting standards and using lamps that will ensure safe and effective illumination at minimum cost and energy use. 2. Reduce pollutants from transportation activities, through design standards, land use, the use of cleaner fuels and vehicles, and alternatives to driving alone. 3. Monitor the efficiency of the pumps in water and sewer systems, and operate and maintain them at peak efficiency. F. WASTE REDUCTION / USE 1. Implement a solid waste strategy which: • Reduces the solid waste stream by recycling and other means; • Promotes the purchase of recycled and recyclable goods; and • Encourages the use of building construction materials made from recycled and recyclable materials, when allowed by the uniform building code. City of Kent Draft Policies for Greenhouse Gas Emissions Reduction 9-27-13 F. WASTE REDUCTION / USE 2. Expand city-wide waste diversion services to include, for example, single stream curbside recycling, and curbside recycling of yard and food waste. 3. Reduce greenhouse gas emissions through improved management of waste handling and reductions in waste generation. G. LAND USE 1. Ensure local land use, housing, and transportation plans are aligned with and support any regional plans that have been developed consistent with state guidance to achieve reductions in greenhouse gas emissions. 2. Adopt and implement a development pattern that utilizes existing infrastructure; reduces the need for new roads, utilities and other public works in new growth areas; and enhances non-automobile transportation. 3. Encourage high-density, mixed-use, infill development and creative reuse of brownfield, under-utilized and/or defunct properties. H. GLOBAL 1. Reduce pollutants from transportation activities, through design standards, land use, the use of cleaner fuels and vehicles, and alternatives to driving alone. 2. Reduce the rate of energy consumption through conservation and alternative energy forms to extend the life of existing facilities and infrastructure. 3. Maintain or improve air and water quality, soils, and natural systems to ensure the health and well-being of people, animals, and plants. Reduce the impacts of transportation on air and water quality, and climate change. 4. Reduce levels for air toxics, fine particulates, and greenhouse gases. 5. Protect and enhance the environment and public health and safety when providing services and facilities. 6. Ensure local land use, housing, and transportation plans are aligned with and support any regional plans that have been developed consistent with state guidance to achieve reductions in greenhouse gas emissions. 7. Conserve natural resources such as water and open space to minimize energy used and greenhouse gas emissions and to preserve and promote the ability of such resources to remove carbon from the atmosphere. I. ENERGY SOURCE / USE 1. Reduce greenhouse gases by expanding the use of conservation and alternative energy sources and by reducing vehicle miles traveled by increasing alternatives to driving alone. 2. Reduce pollutants from transportation activities, through design standards and land use, the use of cleaner fuels and vehicles, and alternatives to driving alone. 3. Encourage energy conservation practices in buildings by raising the awareness of employee’s own energy use. J. PUBLIC EDUCATION / OUTREACH 1. Publicize energy conservation actions to raise public awareness of the value of wise energy use. 2. Promote and expand recycling programs, purchasing policies, and employee education to reduce the amount of waste produced. 3. Establish a coordinated, creative public outreach campaign; including publicizing the importance of reducing greenhouse gas emissions and steps community members can take to reduce their individual impacts. • Use a variety of media and methods to promote climate awareness and greenhouse gas reduction, City of Kent Draft Policies for Greenhouse Gas Emissions Reduction 9-27-13 including: o Advertising “Green Tips” in the city e-newsletter and cable tv (Kent TV 21); o Collaborating with utilities, business associations, civic groups, and nonprofits to place tips and articles in billing materials or newsletters; • Coordinate with other agencies and outreach efforts to align messages on topics such as: o Energy efficiency and conservation, and green energy; o Trip reduction, public transit, carpooling, vanpooling, bicycling and alternative modes of transportation; green building and energy-efficient design; o Waste reduction, recycling, and composting; o Water conservation and water-efficient design and products. 4. Support local energy suppliers and distributors to promote energy conservation. K. TRANSPORTATION 1. Reduce greenhouse gas emissions by reducing vehicle miles traveled and by increasing or encouraging the use of alternative fuels and transportation technologies. 2. Provide safe and convenient access for pedestrians and bicyclists. 3. Expand signal timing programs where emissions reduction benefits can be demonstrated, including maintenance of the synchronization system, and coordinate with adjoining jurisdictions as needed to optimize transit operation while maintaining a free flow of traffic. 4. Promote ride sharing programs, including designation of a certain percentage of parking spaces for carpooling or ride sharing vehicles. 5. Encourage businesses to provide amenities for employees who commute by bicycling. 6. Support voluntary, employer-based trip reduction programs, including: • Provide assistance to regional and local ridesharing organizations; and • Provide public recognition of effective programs. L. OTHER 1. Coordinate with other agencies in the region to develop and implement effective waste management strategies and waste-to-energy technologies. 2. Establish a water conservation plan that may include such policies and actions as: • Tiered rate structures for water use; • Restrictions on time and/or day of use for landscape watering, and other demand management strategies; and • Performance standards for irrigation equipment and water fixtures. 3. Support programs and policies to increase the use of recycled water, for agricultural, industrial and irrigation purposes. 4. Promote water-efficient landscapes and irrigation, including: • Planting drought-tolerant and native or Northwest adapted species, and covering exposed dirt with moisture-retaining mulch; and • Installing water-efficient irrigation systems and devices, including advanced technology such as moisture-sensing irrigation controls. City of Kent Draft Policies for Greenhouse Gas Emissions Reduction 9-27-13 This page intentionally left blank. Agenda Item: Consent Calendar – 7D TO: City Council DATE: October 15, 2013 SUBJECT: Neighborhood Council Resolution – Pheasants Hollow - Adopt SUMMARY: The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. In order to further that objective, the program encourages organization of neighborhood councils. These councils serve as independent, non-profit organizations promoting resident- based efforts for neighborhood improvements while also establishing partnerships between City government and the neighborhoods they serve. EXHIBITS: Resolution RECOMMENDED BY: Staff BUDGET IMPACTS: None MOTION: Adopt Resolution No. recognizing the Pheasants Hollow Neighborhood Council, support its community building efforts, and confer on it all opportunities offered by the City’s neighborhood program. This page intentionally left blank. 1 Pheasants Hollow Neighborhood Council Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Pheasants Hollow Neighborhood Council. RECITALS A. The city of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the city of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The city of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Pheasants Hollow neighborhood consists of one hundred and fifteen households. D. The Pheasants Hollow neighborhood is located on Kent’s East Hill and is situated generally to the west of North Meridian Park open space, to the north of S.E. 224th Street, to the east of 127th Avenue S.E. 2 Pheasants Hollow Neighborhood Council Resolution and to the south of S.E. 231st Way. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On August 23, 2013, the Pheasants Hollow Neighborhood submitted an official registration form to request that the City recognize the Pheasants Hollow Neighborhood Council and to allow the Neighborhood to take part in the City’s Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recognition of Neighborhood Council. – The City Council for the city of Kent hereby acknowledges the effort and commitment of the Pheasants Hollow neighborhood and all those who participated in forming the Pheasants Hollow Neighborhood Council. The Kent City Council hereby recognizes Pheasants Hollow Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Pheasants Hollow Neighborhood Council community building efforts, and confers on the Pheasants Hollow Neighborhood Council all opportunities offered by the City’s Neighborhood Program. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 3 Pheasants Hollow Neighborhood Council Resolution SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of October 2013. CONCURRED in by the mayor of the city of Kent this ______ day of October, 2013. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of October, 2013. RONALD F MOORE CITY CLERK P:\Civil\Resolution\Neighborhoodcouncilpheasantshollow.Docx This page intentionally left blank. Exhibit A 4 Pheasants Hollow Neighborhood Council Resolution This page intentionally left blank. Agenda Item: Consent Calendar – 7E TO: City Council DATE: October 15, 2013 SUBJECT: Target Zero Grant and Memorandum of Understanding – Accept SUMMARY: This is a new fiscal year Target Zero Teams grant for the period of October 1, 2013 through September 30, 2013. This grant funds Target Zero Team enforcement, media outreach, Target Zero manager, and law enforcement liaison overtime. The grant funds are awarded to Kent for use by the King County Target Zero Managers. The managers will partner on education/outreach and media campaigns related to impaired driving education during high profile events and holidays, i.e. Seafair weekend, Halloween, Super Bowl Sunday, and Cinco de Mayo. Additionally, funds are allocated for Target Zero enforcement patrols. Kent is awarded $13,056 for enforcement patrols; Kent’s South King County Target Zero Manager is awarded $3,540; South King County’s Law Enforcement Liaison (Kent PD) is awarded $4,740; and $5,000 is awarded to Kent for education/media campaigns. EXHIBITS: Exhibit A - Grant award notification Exhibit B - King County Target Zero Team Budget Budget Impact: No City match is required. MOTION: Accept the Target Zero Grant in the amount of $26,336 for funding Target Zero Teams enforcement, media outreach, Target Zero Teams manager, and law enforcement liaison overtime, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. This page intentionally left blank. F, STATg !)F of b £ i O y1 1889 Y MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION Target Zero Teams King County Target Zero Task Force Law Enforcement, Law Enforcement Liaison, Target Zero Manager, & Public Outreach THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Kent Police Department (Agency) and the Washington Traffic Safety Commission (WTSC). TERM: October 1, 2013 to September 30, 2014 AMOUNT: NOT TO EXCEED $26,336 CFDA # 20.616 IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for King County Law Enforcement Agencies to participate in the Target Zero Teams project. GOAL: to reduce the number of people killed or seriously injured by impaired drivers in King County through aggressive, multi -jurisdictional, high -visibility IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. SCOPE OF WORK: The Target Zero Team DUI patrols will be deployed at times and locations where data indicates that the most safety benefit can be realized as determined by the King County Target Zero Task Force. Officers will also work on the King County Home Safe Bar program, with approval of the King County Target Zero Manager or the law enforcement liaison to the task force. 2. CONDITIONS: Agency will deploy highly skilled officers in coordination with other King County Law Enforcement agencies, the King County Target Zero Task Force, and the WSP District 2 Target Zero Team to generate the highest amount of deterrence possible. Agency certifies that all officers participating in these patrols are SFST trained. To meet this requirement: Created: September 2013 TZT King LEL LE MOU FFY 2014 Page 1 of 4 • Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or • Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement (ARIDE) within the prior three years, or • Officer must be a certified Drug Recognition Expert, 3. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime basis (not to exceed 1.5 times their normal salary plus Agency's contributions to employee benefits including FICA, Medicare, Worker's Compensation and unemployment) to participate in these emphasis patrols and the Home Safe Bar Program. Agency will provide also provide the King County Target Zero Task Force Law Enforcement Liaison on an overtime basis (not to exceed 1.5 times their normal salary and benefits) as needed, to review data, pIan operations, and coordinate emphasis patrols. Agency will also provide the King County Target Zero Task Force Manager on an overtime basis (not to exceed 1.5 times their normal salary and benefits) as needed for the management of the Target Zero Teams project not to exceed. Agency will use $5,000 of this funding on Target Zero/DUI prevention public outreach and media/education campaigns. Jail booking cost (booking fee +daily rate) that result from a law enforcement officer from one jurisdiction making an arrest while on Target Zero Teams patrol in another jurisdiction will be considered for reimbursement with approval from the Target Zero Manager or her/his designee. 4. DISPATCH: WTSC will reimburse communications in In personnel for work on this project providing Agency has received prior approval from the Target Zero Manager or law enforcement liaison to the task force. 5. GRANT AMOUNT: Agency is allotted 26 336 dollars for the cost of this project. This allocation may be increased by your Target Zero Manager during the above campaign(s), without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original amount. Any increase in allocation exceeding 50% will require an amendment to this document. Created: September 2013 TZT King LEL LE MOU FFY 2014 Page 2 of 4 6. PERFORMANCE STANDARDS: a. All participating law enforcement are required to have 3 self - initiated contacts per hour of enforcement, or show DUI arrests with working on Target Zero DUI patrols. A completed emphasis log is required. b. All persons working on the Home Safe Bar Program are required to fill out the Home Safe Bar Program log. c. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. d. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 7. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19-1A Form). • Agency identified as the 'Claimant', • A Federal Tax ID #; and, • Original signature of the agency head, command officer or contracting officer. b. Payroll support documents (signed overtime slips, payroll documents). c. Officer TZT Emphasis Patrol Activity Logs showing 3 or more self - initiated contacts per hour and/or DUI arrests for reimbursement for any patrol overtime reimbursement. d. Home Safe Bar program logs for any reimbursement for participation in the Home Safe Bar program. e. The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis Patrol Activity Logs, and/or Home Safe Bar program logs shall be submitted to your Target Zero Manager for review. The Target Zero Manager will forward these documents to WTSC for processing and payment. 8. DEADLINE FOR CLAIMS: All claims for reimbursement for emphases conducted prior to June 30 must be received by WTSC no later than August 15. Claims for activity conducted between July 1 and September 30 must be received by WTSC no later than November 15. Monthly billing is preferred. NOTE: This means that all claims must be received by the King County Target Zero Manager no later than two weeks prior to the WTSC deadline. 9. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from Agency, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. Created: September 2013 TZT King LEL LE MOU FFY 2014 Page 3 of 4 U. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 11. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Kent Police Department Agency Chief Ken Thomas Contracting Agent (Print) Signature Date Washington Traffic Safety Commission Date Agency address (for mailing fully executed MOU): Kent Police Department 220 4tn Ave. S. Kent, WA 98032 Agency PIO contact: Sgt. Robert Constant constant@kentwa.gov 253-856-5882 Please return two signed MOUs to your Target Zero Manager. Sara Wood Target Zero Manager 220 4tn Address Kent, WA 98032 City/State/Zip 253-856-5851/swood@kentwa.gov Phone/E-mail Created: September 2013 TZT King LEL LE MOU FFY 2014 Page 4 of 4 Target Zero Manager will return to: Shelly Baldwin, WTSC Impaired Driving Program Manager 621 - 81h Avenue SW, Suite 409, PO Box 40944 Olympia, WA 98504-0944 360.725.9889 sbaldwin@wtsc.wa.gov Created: September 2013 TZT King LEL LE MOU FFY 2014 Page 5 of 4 This page intentionally left blank. KING COUNTY TARGET ZERO TEAM BUDGET OCTOBER 1, 2013 - SEPTEMBER 30, 2014 Budget City of Seattle Patrols (Seattle) Officers will work approximately 40 hours a month x $68.00 x 12 months = $32,640 1. Focus on Friday and/or Saturday evenings between 8pm — 4am and special events (ex: Seahawks, Sounders, Mariner's games) 2. Agency will have approximately 45 hours of enforcement a month If needed, officer time for court will be deducted from patrol funds FUNDING TO SEATTLE FOR PATROL = $32,640 Primary Agencies (Kent, Auburn, Federal Way, Bellevue) North & South regions of King County will be assigned one weekend a month to work. The weekend will be identified by the Target Zero Team based upon events taking place and crash data. Estimate 16 hours a month x $68.00 (officer OT) x 12 months = $13,056 (per agency) 1. Focus on Friday and/or Saturday evenings between 8pm — 4am 2. Each agency will have approximately 16 hours of enforcement a month If needed, officer time for court will be deducted from patrol funds. FUNDING TO PRIMARY CITIES FOR PATROL = $13,056 x 4 agencies = $525224 Secondary Agencies (Kirkland, Redmond, Renton, Snoqualmie) North & South regions of King County will be assigned one weekend a month to work. The weekend will be identified by the Target Zero Team based upon events taking place and crash data. Estimate 12 hours a month x $68.00 (officer OT) x 12 months = $9,792 (per agency) 1. Focus on Friday and/or Saturday evenings between 8pm — 4am 2. Each agency will have approximately 16 hours of enforcement a month If needed, officer time for court will be deducted from patrol funds. FUNDING TO SECONDARY CITIES FOR PATROL = $9,792 x 4 agencies North & South King County Support Agencies Funding additional support agencies for TZT regions to be determined according to fatality and serious injury data and local need. Officers will supplement patrols in jurisdictions to help meet high visibility enforcement requirements. Team A: (Issaquah, King County Sheriffs Office, Mercer Island, SeaTac) Estimate 8 hours a month x $68.00 (officer OT) x 12 months = $6,528 (per agency) Team B: (Burien, Lake Forest Park) Estimate 8 hours a month x $68.00 (officer OT) x 6 months = $3,264 (per agency) FUNDING TO SUPPORT CITIES FOR PATROL = $26,112 + $6,528 = $32,640 Wages and Benefits —Liquor Control Board Officers: Officers will work in conjunction with TZT emphasis patrols and visit high incident DUI establishments. Includes both proactive and reactive visits. Estimate 10 hours a month x 64.00 (officer OT) x 12 months = $8,000 (per county region) TOTAL FUNDING TO LCB for North & South King County = $169000 Wages and Benefits -Support Personnel South King County Target Zero Manager (Kent PD) 5 hours a month x $59 per hour x 12 months = $3,540 South King County Law Enforcement Liaison (Kent PD) 5 hours a month x $79 per hour (Sgt OT) x 12 months = $4,740 North &East King County Target Zero Manager (Public Health -Seattle & King County) 5 hours a month x $51 per hour x 12 months = $3,060 North & East King County Law Enforcement Liaison (Redmond PD) 5 hours a month x $67 per hour (Lt OT) x 12 month = $4,020 TOTAL SUPPORT PERSONNEL = $15,360 total = $8,280 total = $7,080 Public Education and Media Campaigns: King County Target Zero Managers will partner on education/outreach and media campaigns related to high profile events and holidays (examples but not limited to Sea Fair weekend, Halloween, Super Bowl Sunday, Cinco de Mayo, etc.). $1,000 x 5 education/media campaigns = $5,000 TOTAL EDUCATION AND MEDIA = $5,000 TOTAL GRANT REQUEST KING COUNTY - 2014 allocation $193,032 This page intentionally left blank. Agenda Item: Consent Calendar – 7F TO: City Council DATE: October 15, 2013 SUBJECT: Kent Drug Free Communities Grant – Accept SUMMARY: The Kent Police Department has received notification of the Drug Free Communities Program continuation funding through the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA). This is the fifth year of the five year period with an annual application required. The grant period runs from September 30, 2012 through June 29, 2014. EXHIBIT: Notice of Award dated September 28, 2013 BUDGET IMPACT: No City match is required MOTION: Accept the Kent Drug Free Coalition grant from the Department of Health and Human Services in the amount of $104,988, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. This page intentionally left blank. Grant Number: 5H79SP014902-05 REVISED Program Director: Stacy Judd Project Title: Kent Drug Free Coalition Grantee Address KENT CITY POLICE DEPARTMENT Kenneth Thomas 220 4th Avenue S Kent, WA 98032 Business Address Kenneth Thomas Business Official Kent Police Department 220 4th Avenue S Kent, WA 98032 Budget Period: 09/30/2012 – 06/29/2014 Project Period: 09/30/2008 – 06/29/2014 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby revises this award (see “Award Calculation” in Section I and “Terms and Conditions” in Section III) to KENT CITY POLICE DEPARTMENT in support of the above referenced project. This award is pursuant to the authority of DFC Act 1997 (PL105-20) reauth PL107-82 PL 109-469) 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, Virginia Simmons Grants Management Officer Division of Grants Management See additional information below Page-1 Notice of Award Drug-Free Communities (DFC) Support Program Issue Date:09/28/2013 Department of Health and Human Services Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention SECTION I – AWARD DATA – 5H79SP014902-05 REVISED Award Calculation (U.S. Dollars) Salaries and Wages $5,090 Fringe Benefits $625 Personnel Costs (Subtotal) $5,715 Supplies $15,885 Consortium/Contractual Cost $44,790 Travel Costs $14,680 Other $23,918 Direct Cost $104,988 Approved Budget $210,221 Federal Share $104,988 Non-Federal Share $105,233 Less Unobligated Balance $51,349 Cumulative Prior Awards for this Budget Period $53,639 AMOUNT OF THIS ACTION (FEDERAL SHARE)$0 SUMMARY TOTALS FOR ALL YEARS YR AMOUNT 5 $53,639 * 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:H9SP14902A Fiscal Year:2012 IC CAN Amount SP C96R655 $53,639 SP Administrative Data: PCC: DFC / OC: 4145 SECTION II – PAYMENT/HOTLINE INFORMATION – 5H79SP014902-05 REVISED 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: 1-800-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 – 5H79SP014902-05 REVISED Page-2 SAMHSA NGA D | Version: 69 - 08/20/2010 14:44:07 | Generated on: 09/28/2013 16:32:30 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 74 or 45 CFR Part 92 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 SECTION IV – SP Special Terms and Condition – 5H79SP014902-05 REVISED REMARKS __________________________________________________________________________________ This award reflects approval for a carryover amount in the amount of $21,495; in addition to a carryover request approved in March 07, 2013 in the amount of $29,854 to total $51,319 for Fiscal Year 2012. This Notice of Grant award is revised to approve a no cost extension request for 9 months to extend the budget and project period end dates from September 30, 2013 to June 29, 2014 per your original email request dated September 26, 2013. This revise Notice of Award approves carryover of an unobligated balance in the amount of $21,495 from 2011 year funds to 2012 year funds per grantee email dated September 26, 2013. If the final resolution of the audit covering the above stated budget period(s) determines that the unobligated balance of funds is incorrect, SAMHSA will not make additional funds available to cover any shortfall. ALL PREVIOUS TERMS AND CONDITIONS REMAIN IN EFFECT. For Regular Delivery: For Overnight or Direct Delivery: Division of Grants Management Division of Grants Management OFR, SAMHSA OFR, SAMHSA 1 Choke Cherry Road, Room 7-1091 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Rockville, MD 20850 CLOSEOUT __________________________________________________________________________________ This grant is in the final budget period of the project. Unless a no-cost extension has been requested and approved, grant closeout documents must be submitted within 90 days of the end of the current 12-month budget period and again at the end of a no-cost extension. Requirements and documents required are as follows: 1)The Federal Financial Report (FFR), Standard Form 425 is required on an annual basis and must be submitted for each 12 month period, regardless of the overall length of the approved extension period authorized by SAMHSA. NOTE: Single Grant Reporting is required for each SAMHSA project as stated in the FFR (10 d-o). In addition, a final FFR is due within 90 days after the end of the extension with no unliquidated obligations. Page-3 SAMHSA NGA D | Version: 69 - 08/20/2010 14:44:07 | Generated on: 09/28/2013 16:32:30 Include the required match on this form under recipient share (10 i-k). The FFR must agree with the top portion of the FFR (#10 a-c) as filed with the Division of Payment. The FFR may be accessed from the following website at http://www.whitehouse.gov/omb/grants_forms including instructions. The data can be entered directly on the form and the system will calculate the figures, then print and mail to this office. 2)Grantee must complete final progress report in the Coalition Online Management and Evaluation Tool (COMET) for grant reporting period ending September 30, 2013. 3) If your organization has tangible personal property (equipment and supplies in excess of $5,000) you must complete the Tangible Personal Property Reports. The following closeout forms can be downloaded from the OMB website at http://www.whitehouse.gov/omb/grants_forms: *Tangible Personal Property Report, Standard Form-428; *Final Report, Standard Form-428-B; *Disposition Request Report, Standard Form-428-C; and *Supplemental Sheet Standard Form-428-S According to 45 CFR 74.34(g) or 45 CFR 92.32(e), if acquired equipment with acquisition cost of $5,000 or more, the first preference for its use is another SAMHSA project, second preference for its use is another HHS project and third preference for its use is another Federal project. If these preferences cannot be met once the equipment has been sold, the sale amount must be returned to SAMHSA. Provide all information about the equipment in a separate letter signed by the authorized representative transferring the equipment and signed by the grantee's authorized representative accepting the equipment, include the date of disposal and sale price or the method used to determine current fair market value, and compensate SAMHSA for it share by mailing a check payable to the Department of Health and Human Services to the following address: Dan Spears Financial Advisory Services Officer Office of Financial Resources Division of Grants Management 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 SAMHSA will provide written approval or disapproval of your request for disposition of property/supplies in excess of $5,000 in total value. All forms should be mailed to the address listed at the end of this letter. 3) A Final Progress Report typed on plain white paper which should include, at a minimum, the grant number, a summarization of progress toward the achievement of the originally stated aims, a list of results (positive or negative) considered significant, and a list of publications resulting from the project as well as plans for the future publications. An original and one copy are required. Please send all final documentation to the following address: Closeout, Division of Grants Management Office of Financial Resources SAMHSA 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Barbara Howes, Program Official Phone: (240) 276-2547 Email: barbara.howes@samhsa.hhs.gov Erwin Morales, Grants Specialist Phone: (240) 276-1425 Email: erwin.morales@samhsa.hhs.gov Fax: (240) 276-1430 Page-4 SAMHSA NGA D | Version: 69 - 08/20/2010 14:44:07 | Generated on: 09/28/2013 16:32:30 Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: October 15, 2013 SUBJECT: DOJ Bulletproof Vest Partnership Grant – Accept SUMMARY: The Bureau of Justice Assistance notified the Kent Police Department of its receipt of an award of $13,151.46 under the fiscal year 2013 bulletproof vest partnership. The award amount reimburses 50% of the costs for 28 new hire or replacement vests. The award funds may be used for National Institute of Justice compliant armored vests which were ordered on or after April 1, 2013. All jurisdictions that applied for the funding certified during the application process that a mandatory wear policy was in place for their jurisdiction. EXHIBIT: Grant award notification and grant amount. BUDGET IMPACT: The City’s match is $13,151.46 already budgeted for new and replacement vests. MOTION: Accept the Bulletproof Vest Partnership FY 2013 grant in an amount of $13,151.46, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. This page intentionally left blank. From: owner-bvp-list@ojp.usdoj.gov on behalf of BVP [bvp@usdoj.gov] Sent: Thursday, October 03, 2013 9:53 AM Subject: Bulletproof Vest Partnership FY 2013 Award Announcement Dear BVP applicant, The Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award under the Fiscal Year (FY) 2013 Bulletproof Vest Partnership (BVP) solicitation. These funds have been posted to your account in the BVP System. A complete list of FY 2013 BVP awards is available at: http://www.ojp.usdoj.gov/bvpbasi/. The FY 2013 award may be used for National Institute of Justice (NIJ) compliant armored vests which were ordered after April 1, 2013. The deadline to request payments from the FY 2013 award is August 31, 2015, or until all available funds have been requested. Please see the following websites for a list of NIJ compliant vests: Ballistic Vests: http://nij.gov/nij/topics/technology/body-armor/compliant-ballistic-armor.htm Stab Resistant Vests: http://nij.gov/nij/topics/technology/body-armor/compliant-stab-armor.htm As a reminder, all jurisdictions that applied for FY 2013 BVP funding certified that a mandatory wear policy was in place for their jurisdiction. BJA will be conducting reviews of the mandatory wear policies as funds are requested from the BVP System. For more information on the BVP mandatory wear policy, please see the BVP Frequently Asked Questions document: http://www.ojp.usdoj.gov/bvpbasi/docs/FAQsBVPMandatoryWearPolicy.pdf$. For questions regarding the BVP Program or your award, please do not hesitate to contact the BVP Help Desk at vests@usdoj.gov or 1-877-758-3787. Thank you BVP Program Support Team This page intentionally left blank. 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Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: October 15, 2013 SUBJECT: Emergency Management Performance Grant – Accept SUMMARY: Our Emergency Management Division has received a grant in the amount of $108,112 from the Washington State Military Department and the Department of Homeland Security to supplement local budget expenditures. The Washington State Military Department, Emergency Management Division, receives grant monies each year from the Department of Homeland Security through the Emergency Management Performance Grant. A portion of this grant is earmarked by the State to be passed through to local jurisdictions that have emergency management programs to supplement their local emergency management operating budget in an effort to enhance their emergency management programs. EXHIBITS: Contract with State of Washington Military Department, Emergency Management Division RECOMMENDED BY: Emergency Management Division BUDGET IMPACTS: No impact, this is a pass through grant. MOTION: Authorize the Mayor to accept the 2013 Emergency Management Performance Grant from the Washington Military Department, Emergency Management Division, in the amount of $108,112, authorize amending the budget, authorize the expenditure of the funds, and authorize execution of any related documents, subject to final terms and conditions acceptable to the city attorney and emergency manager. This page intentionally left blank. Washington State Military Department HOMELAND SECURITY GRANT AGREEMENT FACE SHEET 1. Sub -grantee Name and Address: 2. Grant Agreement Amount: 3, Grant Agreement Number: City of Kent - OEM 24611 116th Ave SE $108,112 E14.088 Kent, WA 980304939 4. Sub -grantee Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Jennifer Keizer, 253.8564342 June 1, 2013 August 31, 2014 JDKeizer kentwa.gov 7. Department Program Manager, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue): Sierra Wardell, 253-512-7121 slerra.wardell@mil,wa.gov 020263613 173-000-002 10. Funding Authority: Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS 11. Funding Source Agreement #: 12. Program Index # & OBJ/SUB-OJ 13, CFDA# & Title: 14. TIN: EMW-2013-EP-00050-S01 733PT NZ 97.042 EM I 91-6001254 15. Service Districts: 16, Service Area by County(ies): 17, Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 33, 473 11 King County Certified?: X N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 8, 9 ❑ YES, OMWBE # 18. Agreement Classification 19. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Sub -Grantee Selection Process: 21. Sub -Grantee Type (check all that apply) X "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non -Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. PURPOSE: Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency management programs to support and enhance those programs as described in the Work Plan. IN WITNESS WHEREOF, the Department and Sub -Grantee acknowledge and accept the terms of this Grant Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2, Work Plan 3, Special Terms and Conditions 4, General Terms and Conditions, and, 5. Other provisions of the grant agreement incorporated by reference. WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE APPLICANT: Signature Date Signature Date Dan Swisher, Chief Financial Officer Suzette Cooke, Mayor Washington State Military Department Signature Date BOILERPLATE APPROVED AS TO FORM: Jim Schneider, Fire Chief Brian E. Buchholz (signature on file) 9/16/2013 Assistant Attorney General APPROVED AS TO FORM (if applicable): Applicant's Legal Review Date 177ii �f D7{'.i/LQU.T.Is DHS-FEMA-EMPG-FFY 13 Page 1 of 32 City of Kent OEM E14-088 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I -- KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Grant Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUB -GRANTEE MILITARY DEPARTMENT Name Jennifer Keizer Name Gary Stumph Title `' EM Specialist Title Program Coordinator E-Mail JDKeizer@kentwa.gov E-Mail g�ary,stumph@mil,wa.gov Phone 253-8564342 Phone 253-512-7483 Name Jim Schneider Name Olivia Hollowwa Title Fire Chief Title ' Program Coordinator E-Mail 1 jchneider@kentfirerfa.org E-Mail 1 olivia.hollowwa mil:wa.gov Phone 253-856=4311 Phone 253-5124149 Name Sierra Wardell Title Program Manager E-Mail sierra:wardell@mil.wa.gov Phone '253-512-7121 ARTICLE II --ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Sub -grantee shall comply with all applicable state and federal laws, regulations and program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the following: 1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; Office of Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations (formerly OMB Circular A-110). 2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for Non -Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations; and 48 CFR Part 31, §31,21 Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 3. Grant funds will not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. The Sub -grantee, upon written request by the Department, DHS or FEMA, shall demonstrate through supporting records and documentation that a reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 4. Duplication of Benefits: There may not be a duplication of any Federal assistance by governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c), which states: "Any cost allocable to a particular Federal award or cost objective under the principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons." However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with DHS-FEMA-EMPG-FFY 13 Page 2 of 32 City of Kent OEM E14-088 existing program agreements. Non -governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and 48 CFR Part 31,2. 5. The Sub -grantee shall comply with all applicable federal laws, regulations and guidance referenced in the "FY 2013 Emergency Management Performance Grants (EMPG) Program, Funding Opportunity Announcement (FOA)", which can be found at http://www.fema.gov/preparedness-non-disaster-grants and are hereby incorporated in and made a part of this Agreement. 6, The Sub -grantee shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109- 282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department Attachment #1 attached to and made a part of this Agreement. ARTICLE III — REIMBURSEMENT/INVOICING PROCEDURES 1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement amount, travel, sub -contracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Grant Agreement. Any travel or subsistence reimbursement allowed under the Grant Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43,03,060 as now existing or amended, but shall not exceed federal maximum rates set forth at http://www.gsa.pov without prior written approval by Department key personnel. 2. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this Grant Agreement must be maintained by the Sub -grantee and be made available upon request by the Department, and local, state, or federal auditors. 3. The Sub -grantee will submit reimbursement requests to the Department by submitting a properly completed State A-19 Invoice form and reimbursement spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to HLS.Reimbursements(cr mil.wa.pov at least quarterly but not more frequently than monthly. 4. All work under this Agreement must end on or before the Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Agreement End Date. The maximum amount of all reimbursement requests permitted to be submitted under this Grant Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount, 5. No equipment or supply costs will be reimbursed until the related equipment/supplies have been received by the Sub -grantee and invoiced by the vendor. 6. Requests for reimbursement of equipment purchases must include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Sub -grantee's authorized representative that states "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements". 7. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including but not limited to those reports in the Milestone Timeline and the Work Plan) will prohibit the Sub -grantee from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. 8. Final reimbursement requests will not be approved for payment if the Sub -grantee is not current with all reporting requirements contained in this Agreement. DHS-FEMA-EMPG-FFY 13 Page 3 of 32 City of Kent OEM E14-088 ARTICLE IV — REPORTING REQUIREMENTS 1. The Sub -grantee shall submit with each reimbursement request a report describing completed Work Plan activities for which reimbursement is sought. 2. In conjunction with the next annual grant cycle application process, the Sub -grantee shall submit to the Department's key personnel a final report describing all completed activities under this Grant Agreement and new activities for which grant funding will be sought in the upcoming grant cycle's Work Plan. If a Sub -grantee will not be applying for grant funding during the next annual grant cycle application process, a final report will be submitted to the Department detailing progress on all activities listed in the Work Plan. 3. Additionally, in conjunction with the final report , the Sub -grantee shall submit a separate report detailing how the Exercise and Training requirements were met for all personnel funded in any part through any source of funding under this Agreement ARTICLE V —EQUIPMENT MANAGEMENT All equipment purchased under this Grant Agreement, by the Sub -grantee or a contractor, will be recorded and maintained in the Sub -grantee's equipment inventory system. 1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased through this Grant Agreement will be owned by the Sub -grantee, or a recognized sub - recipient for which a contract, sub -Grant Agreement, or other means of legal transfer of ownership is in place. 2. The Sub -grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment including all questions of liability. The Sub -grantee shall develop appropriate maintenance schedules and procedures to ensure the equipment is well maintained and kept in good operating condition. 3. The Sub -grantee shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Sub -grantee for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Sub -grantee until all litigation, claims, or audit findings involving the records have been resolved. 5. The Sub -grantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Sub -grantee to determine the cause of the difference. The Sub -grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Sub -grantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated and a report generated and sent to the Department. 7. If the Sub -grantee is authorized or required to sell the property, proper sales procedures Federal DHS-FEMA-EMPG-FFY 13 Page 4 of 32 City of Kent OEM E14-088 a. Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Sub -grantee with no further obligation to the awarding agency. b. Items of equipment with a current per -unit fair market value of more than $5,000 may be retained or sold and the Sub -grantee shall compensate the Federal -sponsoring agency for its share. 9. As recipient of federal funds the Sub -grantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub -contractors, consultants, and sub -recipients who receive pass -through funding from this Grant Agreement. 10, Allowable equipment categories for the FY 2013 EMPG program are listed on the web - based version of the Authorized Equipment List (AEL) located at the Responder Knowledge Base at http:/Iwww.rkb.us/. Reimbursement will only be provided for equipment that (1) is on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through the Department; Sub -grantees must contact the Department representative for assistance in seeking FEMA approval for equipment not on the AEL. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted standards to be eligible for purchase using EMPG funds. In addition, Sub -grantees must obtain and maintain all necessary certifications and licenses for the equipment. Sub - grantees are solely responsible for ensuring equipment eligibility. ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION 1, The Sub -grantee shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program. 2. The Sub -grantee agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The Sub -grantee is advised that any project or expenditure with the potential to impact natural or biological resources or historic properties, including but not limited to, communication towers, physical security enhancements, new construction, renovation, or modification to buildings or structures, cannot be initiated until FEMA has completed the required EHP review. Projects implemented prior to receiving EHP approval from FEMA risk de -obligation of funds. ARTICLE VII —PROCUREMENT The Sub -grantee shall comply with all procurement requirements of 44 CFR Part 13.36, Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the Department for review and approval prior to the Sub -grantee's award and execution of a contract. This requirement must be passed on to all of the Sub -grantee's sub -contractors, at which point the Sub -grantee will be responsible for reviewing and approving their sub- contractors' sole source justifications. ARTICLE VIII — SUB -GRANTEE MONITORING 1. The Department will monitor the activities of the Sub -grantee from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass -through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. As a subrecipient of federal financial assistance under Circular A-133, the Sub -grantee shall complete and return to the Department Attachment #2 "OMB Circular A- 133 Audit Certification Form' with the signed Grant Agreement and each fiscal year thereafter until the Grant Agreement is closed, which Form is incorporated in and made a part of this Agreement. 2. Monitoring activities may include, but are not limited to: a. review of performance reports; b. monitoring and documentation the completion of Grant Agreement deliverables; DHS-FEMA-EMPG-FFY 13 Page 5 of 32 City of Kent OEM E14-088 c. documentation of phone calls, meetings, a -mails and correspondence; d. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Grant Agreement budget and federal requirements; e. observation and documentation of Grant Agreement related activities, such as exercises, training, funded events and equipment demonstrations; f. on -site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. 3. As a sub -recipient of federal funds, the Sub -grantee is required to meet or exceed the monitoring activities, as outlined above, for all sub -contractors, consultants, and sub - recipients who receive pass -through funding from this Agreement. ARTICLE IX —NIMS COMPLIANCY 1. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain and deliver the core capabilities needed to achieve a secure and resilient nation. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive (PPD)-8, to guide activities within the public and private sector and describes the planning, organizing, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. 2. The Sub -grantee agrees that in order to receive Federal Fiscal Year 2013 (FFY13) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2013 must be met. ARTICLE X — EMPG SPECIFIC REQUIREMENTS 1. The Washington State Military Department Emergency Management Division (EMD) receives grant funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG) Program. The funding assists state and local governments enhance and sustain all -hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended, 42 U.S.C. 5121-5207). 2. A portion of the FFY13 EMPG grant has been identified by the state to be passed through to local jurisdictions and tribes, which have emergency management programs, to supplement their local/tribal operating budgets. Each jurisdiction or tribe that applied and met the qualifications specified in WAC 118-09 regarding emergency management assistance funds was awarded a sub -grant based on the size of their agency's emergency management operating budget. Funds will be used by local jurisdictions and tribes to enhance their emergency management capability. 3. Funds are provided by DHS/FEMA solely for the use of supporting emergency management programs as provided by the EMPG Program. The Sub -grantee shall use the funds to perform tasks as described in the Work Plan of the Sub -grantee's application for funding, as approved by the Department. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 4. The Sub -grantee shall provide a match of $108,112 of non-federal origin. Match (cost share) may be cash or in -kind. To meet matching requirements, the Sub -grantee contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including but not limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate mechanism must be in place to capture, track, and document match. DHS-FEMA-EMPG-FFY 13 Page 6 of 32 City of Kent OEM E14-088 5. The Sub -grantee acknowledges that since this Grant Agreement involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Sub -grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Grant Agreement prior to distribution of appropriated federal funds. The Sub -grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. 6. Exercises that are implemented with grant funds must meet the requirements of the FFY13 EMPG Program. All personnel funded in any part through any source of funding under this Agreement shall participate in no less than three exercises in a 12-month period. 7. All personnel funded in any part through any source of funding under this Agreement shall complete the following training requirements and record proof of completion: NIMS Training IS 100, IS 200, IS 700, and IS 800 and the FEMA Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244, 8. Cumulative changes to budget categories in excess of 10% of the Grant Agreement amount will not be reimbursed without prior written authorization from the Department. In no case shall the total budget amount exceed the Grant Agreement amount. Budget categories are as specified or defined on the budget sheet of the contract. Any changes to budget categories other than in compliance with this paragraph will not be reimbursed. 9. As a recipient of federal financial assistance under this Agreement, the Sub -grantee shall comply with all applicable state and federal statutes, regulations, executive orders, and guidelines, including but not limited to the following: a. All applicable state and federal statutes, regulations, executive orders and guidelines relating to nondiscrimination, including but not limited to the following: (a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.) which prohibits discrimination on the basis of race, color or national origin; (b) the Civil Rights Act of 1968 (42 U.S.C. 3601), which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex; (c) Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§1681 et seq.), which prohibits discrimination on the basis of sex; (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.0 §794), which prohibits discrimination on the basis of disability; (e) the Age Discrimination Act of 1975, as amended (42 U.S.0 §§6101 et seq.), which prohibits discrimination on the basis of age; (f) the Fair Housing Amendments Act of 1988, as amended (42 U.S.C. §§3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (g) the Americans with Disabilities Act, as amended (42 U.S.C. §§ 12101-12213) which prohibits discrimination on the basis of disability; and (h) Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency. b. All applicable state and federal statutes, regulations, executive orders and guidelines relating to environmental and historical preservation, including but not limited to the following: (a) the Coastal Wetlands Planning, Protection and Restoration Act of 1990, as amended (16 U.S.C. 3951 et seq), Executive Order 11990 and 44 CFR Part 9; (b) the Clean Air Act of 1970, as amended (42 U.S.C. §7401) and the Clean Water Act of 1977, as amended (38 U.S.C. §§ 1251-1387) and Executive Order 11738; (c) floodplains management pursuant to EO 11988, as amended, (a) the Coastal Zone Management Act of 1972, as amended (P.L. 92- 583, 16 U.S.C. §§1451 et seq.); (d) the National Environmental Policy Act, as amended (42 U.S.C. §4321); (e) the Safe Drinking Water Act of 1974, as amended DHS-FEMA-EMPG-FFY 13 Page 7 of 32 City of Kent OEM E14-088 (PL 93-523); (f) the Endangered Species Act of 1973, as amended (PL 93-205); and (g) the National Historic Preservation Act, as amended (PL 89-665, 16 U.S.C. §470 et seq) and 36 CFR Part 800. c. The Drug -Free Workplace Act of 1988, as amended (41 U.S.C. §701 et seq., 2 CFR 3001, 44 CFR Part 17). d. Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104) and 2 CFR §175, e. The requirements of 45 CFR Part 46 Protection of Human Subjects for purposes of research, and the requirements in DHS Directive 026-04. f. The requirements of the Animal Welfare Act of 1966, as amended (7 U.S.C. §2131 et, seq.). g. The Flood Disaster Protection Act of 1973 the National Flood Insurance Act of 1968, as amended (42 U.S.C. §4001 et seq.). h. The USA Patriot Act of 2001, as amended (18 U.S.C. §§175-175c). I. The Fly America Act of 1974, as amended (49 U.S.C. §40118) and the interpretive guidelines issued by the Comptroller General of the United States March 31, 1981, amendment to Comptroller General Decision 13138942. j. The False Claims Act (FCA) (31 U.S.C. § 3729), k. Section 6 of the Hotel and Motel Safety Act of 1990 (15 U.S.C. §2225(a), ensuring that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention Control Act of 1974, 15 U.S.C. §2225. 10. The Sub -grantee must obtain DHS approval prior to using the DHS seal(s) logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 11. The Sub -grantee must comply with any Federal requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 12. If, during the past three years, the Sub -grantee has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Sub -grantee must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the Department for forwarding to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the Sub -grantee, or the Sub -grantee settles a case or matter alleging such discrimination, the Sub -grantee must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 13. The Sub -grantee must ensure that any project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 14, If the Sub -grantee collects personally identifiable information (PII), the Sub -grantee must have a publically-available policy that describes what PII is collected, how the PII is used, whether the PII is shared with third parties, and how individuals may have their PII corrected as necessary. 15. The Sub -grantee and any of its sub -recipients are required to be non -delinquent in repayment of any Federal debt. DHS-FEMA-EMPG-FFY 13 Page 8 of 32 City of Kent OEM E14-088 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms will have the meaning set forth below: a. "Department' means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Sub -grantee" means the government or other eligible legal entity to which a sub - grant is awarded and which is accountable to the Grantee for the use of the funds provided under this Grant Agreement, and includes all employees of the Sub -grantee and any sub -contractor retained by the Sub -grantee as permitted under the terms of this Grant Agreement. The term "Sub -grantee" and "Contractor" may be used interchangeably in this Agreement. C. "Sub -grantee Agent" means the official representative and alternate designated or appointed by the Sub -grantee in writing and authorized to make decisions on behalf of the Sub -grantee. d. "Grantee" means the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this Grant Agreement, the state of Washington is the Grantee. The Grantee and the DEPARTMENT are one and the same. e. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, authorities and policies. f. "Investment Justification" means grant application investment justification submitted by the sub -grantee describing the project for which federal funding is sought and provided under this Grant Agreement. Such grant application investment justification is hereby incorporated into this Grant Agreement by reference. g. "PL" — is defined and used herein to mean the Public Law. h. "CFR" — is defined and used herein to mean the Code of Federal Regulations. i. "OMB" — is defined and used herein to mean the Office of Management and Budget. j. "WAC" — is defined and used herein to mean the Washington Administrative Code. k. "RCW" — is defined and used herein to mean the Revised Code of Washington. A.2 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-federal entities, as subrecipients of a federal award, that expend $600,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non -Profit Organizations (amended June 27, 2003, effective for fiscal years ending after December 31, 2003, and further amended June 26, 2007). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular A-133. As defined in Circular A- 133, the term "non-federal entity" means a State, local government, or non-profit organization, and the term "State" includes Indian tribes. Circular A-133 is available on the OMB Home Page at http://www.omb.gov. SUB -GRANTEES that qualify as subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised DHS-FEMA-EMPG-FFY 13 Page 9 of 32 City of Kent OEM E 14-088 Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The SUB -GRANTEE has the responsibility of notifying its auditor and requesting an audit in compliance with Circular A-133, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by Circular A-133, The SUB -GRANTEE shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub -contractors also maintain auditable records. The SUB -GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its sub -contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The SUB -GRANTEE must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the SUB -GRANTEE all disallowed costs resulting from the audit. Once the single audit has been completed, the SUB -GRANTEE must send a full copy of the audit to the DEPARTMENT and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The SUB -GRANTEE must send the audit and the letter no later than nine (9) months after the end of the SUB- GRANTEE's fiscal year(s) to: Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the SUB -GRANTEE must include a corrective action plan for any audit findings and a copy of the management letter if one was received. If SUB -GRANTEE claims it is exempt from the audit requirements of Circular A-133, SUB -GRANTEE must send a letter identifying this Grant Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the SUB -GRANTEE fiscal year(s) to: Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The SUB -GRANTEE shall include the above audit requirements in any sub -contracts. Conducting a single or program -specific audit in compliance with Circular A-133 is a material requirement of this Grant Agreement. In the absence of a valid claim of exemption from the audit requirements of Circular A-133, the SUB -GRANTEES failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with Circular A-133; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. DNS-FEMA-EMPG-FFY 13 Page 10 of 32 City of Kent OEM E14-088 A.3 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. SUB -GRANTEE shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.4 AMENDMENTS AND MODIFICATIONS The SUB -GRANTEE or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the SUB -GRANTEE. No other understandings or agreements, written or oral, shall be binding on the parties. A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336. 42 U.S.C. 12101 ET SEO. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The SUB -GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.6 ASSURANCES DEPARTMENT and SUB -GRANTEE agree that all activity pursuant to this Grant Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Grant Agreement, the SUB -GRANTEE certifies that the SUB -GRANTEE is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency. If requested by the DEPARTMENT, the SUB -GRANTEE shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the SUB -GRANTEE for this Grant Agreement shall be incorporated into this Grant Agreement by reference. Further, the SUB -GRANTEE agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The SUB -GRANTEE certifies that it will ensure that potential sub -contractors or sub - recipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e.gl grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub -awards to sub -recipients for any amount. With respect to covered transactions, the SUB -GRANTEE may comply with this provision by obtaining a certification statement from the potential sub -contractor or sub -recipient or by checking the System for Award Management (http:/AwAv sam.gov) maintained by the federal government. The SUB -GRANTEE also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List' (http:/AwAv,lni.wa,gov/T radesLicensing/PreyWege/A`wardingAgencies/DebarredContractoLo. A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 10 CFR Part 601, the Sub -grantee hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Sub -grantee to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, DHS-FEMA-EMPG-FFY 13 Page 11 of 32 City of Kent OEM E14-O88 continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Grant Agreement, grant, loan, or cooperative agreement, the Sub -grantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Sub -grantee will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.9 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUB -GRANTEE or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such the SUB -GRANTEE who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement, The SUB -GRANTEE shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.10 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES The SUB -GRANTEE and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52,203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39,12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in part in its sole discretion. The SUB -GRANTEE is responsible for all costs or liability arising from its failure to comply with applicable law, regulation, executive order, OMB Circular or policy. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUB-GRANTEE's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other law or court order. DHS-FEMA-EMPG-FFY 13 Page 12 of 32 City of Kent OEM E14-088 A.12 DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Contractor and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. To the extent allowed by law, the SUB -GRANTEE, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the SUB -GRANTEE, its sub -contractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. To the extent allowed by law, the SUB -GRANTEE further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUB -GRANTEE, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the SUB - GRANTEE, or SUB-GRANTEE's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non -liability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY —AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the DEPARTMENT's Authorized Signature and the Authorized Signature of the assigned SUB -GRANTEE Agent or Alternate for the SUB -GRANTEE Agent, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. DHS-FEMA-EMPG-FFY 13 Page 13 of 32 City of Kent OEM E14-088 Further, only the Authorized Signature representative or Alternate for the SUB - GRANTEE shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the SUB -GRANTEE an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A,16 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the SUB -GRANTEE. A.17 NONDISCRIMINATION The SUB -GRANTEE shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement, A.18 NOTICES The SUB -GRANTEE shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The SUB -GRANTEE represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by law, the SUB -GRANTEE further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the SUB -GRANTEE to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the SUB - GRANTEE. The SUB -GRANTEE shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. DHS-FEMA-EMPG-FFY 13 Page 14 of 32 City of Kent OEM E14-088 A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The SUB -GRANTEE agrees to submit to the DEPARTMENT prior to issuance all advertising and publicity matters relating to this Grant Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied. The SUB -GRANTEE agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The SUB -GRANTEE may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves a royalty -free, .nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the SUB -GRANTEE fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repayment by the SUB - GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees. A.25 RECORDS aI The SUB -GRANTEE agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the SUB-GRANTEE's contracts, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement (the "records"), b. The SUB-GRANTEE's records related to this Grant Agreement and the projects funded may be inspected and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the SUB - GRANTEE with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the Grant Agreement. c. The records shall be made available by the SUB -GRANTEE for such inspection and audit, together with suitable space for such purpose, at any and all times during the SUB-GRANTEE's normal working day. d. The SUB -GRANTEE shall retain and allow access to all records related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement, DHS-FEMA-EMPG-FFY 13 Page 15 of 32 City of Kent OEM E14-O88 A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the DEPARTMENT undertakes to assist the SUB -GRANTEE with the project/statement of work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the SUB - GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB -GRANTEE, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the SUB -GRANTEE, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the SUB -GRANTEE shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The SUB -GRANTEE shall defend, at its own cost, any and If claims or it at law or in equity, which may be brought against the SUB -GRANTEE in connection with the project. The SUB -GRANTEE shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable. A.28 SUB -CONTRACTING The SUB -GRANTEE shall use a competitive procurement process in the award of any contracts with contractors or sub -contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, or with OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the SUB -GRANTEE. Sub -Grantees must comply with the following provisions regarding procurement, and all Sub -Grantee contracts with sub -contractors or sub -recipients must contain the following provisions regarding procurement, per 44 CFR Part 13.36(i): 1. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (All contracts more than the simplified acquisition threshold). 2. Termination for cause and for convenience by the grantee or sub -grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000). 3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub -grantees). DHS-FEMA-EMPG-FFY 13 Page 16 of 32 City of Kent OEM E14-088 4. Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and sub -grants for construction or repair). 5. Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2,000 awarded by grantees and sub -grantees when required by Federal grant program legislation). 6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub - grantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). 7. Notice of awarding agency requirements and regulations pertaining to reporting. 8. Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. 9. Awarding agency requirements and regulations pertaining to copyrights and rights in data. 10. Access by the grantee, the sub -grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 11. Retention of all required records for three years after grantees or sub -grantees make final payments and all other pending matters are closed. 12, Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (All contracts, sub -contracts, and sub -grants of amounts in excess of $100,000). 13. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). The DEPARTMENT reserves the right to review the Sub -Grantee procurement plans and documents, and require the Sub -Grantee to make changes to bring its plans and documents into compliance with the requirements of 44 CFR Part 13.36. The Sub - Grantee must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Sub -Grantee and DEPARTMENT to make a determination on eligibility of project costs. All sub -contracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference. The parties intend that an independent contractor relationship will be created by this Grant Agreement. The SUB -GRANTEE, and/or employees or agents performing under this Grant Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The SUB -GRANTEE will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the SUB -GRANTEE make any claim, demand, or application to or DHS-FEMA-EMPG-FFY 13 Page 17 of 32 City of Kent OEM E14-088 for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the SUB -GRANTEE is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Grant Agreement, the SUB -GRANTEE shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the SUB -GRANTEE or its staff required by statute or regulation that are applicable to Grant Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Grant Agreement, the SUB -GRANTEE may terminate this Grant Agreement by providing written notice of such termination to the DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole discretion and in the best interests of the State of Washington, may terminate this Grant Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the SUB -GRANTEE. Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB -GRANTEE from incurring additional obligations of funds. In the event of termination, the SUB -GRANTEE shall be liable for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARMENT, in its sole discretion, determines the SUB -GRANTEE has failed to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUB -GRANTEE unable to perform any aspect of the Grant Agreement, or has violated any of the covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Grant Agreement in whole or in part. The DEPARTMENT may notify the SUB -GRANTEE in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUB -GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB - GRANTEE in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant Agreement may be terminated in whole or in part. DHS-FEMA-EMPG-FFY 13 Page 18 of 32 City of Kent OEM E14-088 The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB -GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUB -GRANTEE, if allowed, or pending a decision by the DEPARTMENT to terminate the Grant Agreement in whole or in part. In the event of termination, the SUB -GRANTEE shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Grant Agreement and the replacement or cover Grant Agreement and all administrative costs directly related to the replacement Grant Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUB -GRANTEE: (1) was not in default or material breach, or (2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience'. A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant Agreement, the SUB -GRANTEE shall follow any procedures specified in the termination notice. Upon termination of this Grant Agreement and in addition to any other rights provided in this Grant Agreement, the DEPARTMENT may require the SUB -GRANTEE to deliver to the DEPARTMENT any property specifically produced or acquired for the performance of such part of this Grant Agreement as has been terminated. If the termination is for convenience, the DEPARTMENT shall pay to the SUB - GRANTEE the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the DEPARTMENT prior to the effective date of Grant Agreement termination, and the amount agreed upon by the SUB -GRANTEE and the DEPARTMENT for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (III) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Grant Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUB -GRANTEE for termination. The DEPARTMENT may withhold from any amounts due the SUB -GRANTEE such sum as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or liability. The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing, the SUB -GRANTEE shall: a. Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or sub -contracts for materials, services, supplies, equipment and/or facilities in relation to this Grant Agreement except as may be necessary for completion of such portion of the work under the Grant Agreement as is not terminated; c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the DEPARTMENT, all of the rights, title, and interest of the SUB -GRANTEE under the orders and sub -contracts so terminated, in which case the DEPARTMENT DHS-FEMA-EMPG-FFY 13 Page 19 of 32 City of Kent OEM E14-088 has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and sub -contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub -contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent directed by the DEPATMENT any property which, if the Grant Agreement had been completed, would have been required to be furnished to the DEPARTMENT; f. Complete performance of such part of the work as shall not have been terminated by the DEPARTMENT in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection and preservation of the property related to this Grant Agreement which is in the possession of the SUB -GRANTEE and in which the DEPARTMENT has or may acquire an interest. A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the Grant Agreement specifically provides for different rates, any travel or subsistence reimbursement allowed under the Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The SUB -GRANTEE may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example: parking) that are authorized under this Agreement. A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE The SUB -GRANTEE is encouraged to utilize business firms that are certified as minority -owned and/or women -owned in carrying out the purposes of this Grant Agreement. The SUB -GRANTEE may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041, A.36 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement. A.37 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the Ialidity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington, The SUB -GRANTEE, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. DHS-FEMA-EMPG-FFY 13 Page 20 of 32 City of Kent OEM E14-088 Exhibit C FFY13 Emergency Management Performance Grant WORK PLAN Emergency Management Agency I City of Kent Required Activities for EMPG eligibility The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention; protection; response; recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be conducted in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan and be NIMS compliant. ncnvirr a 1 Emergency Management Activity: Participate in NAWAS tests and exercises Core Capability Operational Communications Public Information and Warning General Plan for 13EMPG: Participate in all scheduled National Warning System (NAWAS) tests and exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point. This is the on -going test of the statewide warning fan -out as outlined in the State CEMP and warning annex. All emergency management jurisdictions must be a part of this fan -out. 2 Emergency Management Activity: Participation in scheduled testing between Kent OEM and the State EOC Core Capability Operational Communications General Plan for 13EMPG: Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is maintained and participate in scheduled testing between local Emergency Operations Center (EOC) or similar facility and the state EOC. 3 Emergency Management Activity: Update and test ARES & RACES plans Core Capability Operational Communications Community Resilience General Plan for 13EMPG: Develop and/or update local plans and equipment for use of amateur radio (HAM bands) through the Amateur Radio Emergency Services (ARES) & Radio Amateur Civil Emergency Service (RACES) program and the state RACES / ARES plan. 4 Emergency Management Activity: Notification to State in the event of activation Core Capability Operational Communications Intelligence and Information Sharing General Plan for 13EMPG: Notify the state EOC immediately upon activation of the Kent ECC, Provide Situation Reports (SITREPS) as needed. DHS-FEMA-EMPG-FFY 13 Page 21 of 32 City of Kent OEM E14-088 5 Emergency Management Activity: Communications and Warning Core Capability Operational Communications Public Information and Warning General Plan for 13EMPG: Where possible, work with the Local Area Emergency Alert System (EAS) Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. 6 Emergency Management Activity: NIMS requirements Core Capability Planning Operational Coordination General Plan for 13EMPG: Be fully compliant with Federal National Incident Management System (NIMS) compliance requirements. 7 Emergency Management Activity: Exercises Core Capability Risk Management for Protection Programs & Activities Operational Coordination General Plan for 13EMPG: Participate in the design, conduct, and evaluate at least one exercise during the performance period. 8 Emergency Management Activity: CEMP Core Capability Planning Threat and Hazard Identification General Plan for 13EMPG: Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency Support Functions (ESFs). The CEMP to be compliant with both the National Response Framework and National Incident Management System. 9 Emergency Management Activity: Public Education and Training Core Capability Community Resilience Public Information and Warning General Plan for 13EMPG: Conduct public disaster / emergency preparedness education programs for the citizens and businesses in the community and schools. 10 Emergency Management Activity: City Wide Radios Core Capability Operational Communications Situational Assessment General Plan for 13EMPG: Conduct a monthly Citywide radio drill on the Kent Citywide Radio System 80OMHz radios between the ECC and all designated Department Operating Centers (DOCs). DHS-FEMA-EMPG-FFY 13 Page 22 of 32 City of Kent OEM E14-088 11 Emergency Management Activity: County Regional Radio Test Core Capability Operational Communications Situational Assessment General Plan for 13EMPG: Participate in the King County 800MHz radio test monthly. 12 Emergency Management Activity: Public Education and Training Core Capability Community Resilience Public and Private Services and Resources General Plan for 13EMPG: Conduct a minimum of 2 CERT academies; teach the full 8 week long FEMA Course using the approved curriculum. Accommodate students from the general citizenry in Kent and Fire District 37, the business community in the greater Kent area, and employees from the City of Kent, Covington and Kent Fire Department and Kent/Covington Schools. To include continuing education classes for past CERT graduates. To improve and refresh the skills of CERT graduates, keeping their skills current improve their ability to respond to support their community and first responders at time of a disaster. 13 Emergency Management Activity: Web and Social Media Core Capability Public Information and Warning Community Resilience General Plan for 13EMPG: Utilize the city webpage as a resource for outreach and information to the local, regional, and business communities. Work with Kent RFA Administration to manage the website for Kent Fire - RFA / and Kent OEM. Utilize existing social media channels to communicate with the community. 14 Emergency Management Activity: Community Event Participation Core Capability Community Resilience Risk Management for Protection Programs & Activities General Plan for 13EMPG: Set up and staff visual public display booths for large citywide events including Cornucopia Days, Covington Days and National Night Out. Distribute preparedness information and flyers. 15 Emergency Management Activity: LEPC Core Capability Planning Public and Private Services and Resources General Plan for 13EMPG: Continue activities as the Kent Local Emergency Planning Committee (LEPC). Act as LEPC representative to the King County EMAC. DHS-FEMA-EMPG-FFY 13 Page 23 of 32 City of Kent OEM E14-O88 16 Emergency Management Activity: Citizen Corps Council Core Capability Planning Community Resilience General Plan for 13EMPG: Continue participation in the Region 6 Homeland Security Council and the King County Citizen Corps Council. Continue implementing the Region 6 Homeland Security Strategic Plan and funding distribution plans. 17 Emergency Management Activity: HAZMAT Core Capability Planning Operational Coordination General Plan for 13EMPG: Continue participation in the King County Region Hazmat Providers Group. 18 Emergency Management Activity: Mass Care Core Capability Mass Care Services Planning General Plan for 13EMPG: Continue participation in the KC Mass Care Workgroup bi-monthly meetings and participation in seminars and exercises. 19 Emergency Management Activity: Catastrophic Planning Core Capability Planning General Plan for 13EMPG: Continue participation in the Regional Catastrophic Planning Group meetings. 20 Emergency Management Activity: Kent EPC Core Capability Planning Operational Coordination General Plan for 13EMPG: Conduct City Emergency Planning Committee (EPC) meetings to address all five phases of emergency management within the City of Kent and Kent Fire Dept. Members are representatives of individual departments and the meeting activities incorporate training, ECC/DOC interface, and planning elements. 21 Emergency Management Activity: COOP Plans Core Capability Planning Risk Management for Protection Programs & Activities General Plan for 13EMPG: Continue to coordinate COOP plan development for all city departments, review draft plans and assist with standardization for essential functions DHS-FEMA-EMPG-FFY 13 Page 24 of 32 City of Kent OEM E14-088 22 Emergency Management Activity: Zone Coordination Core Capability Planning Operational Coordination General Plan for 13EMPG: Meet with South King County geographic Zone 3 Emergency Management Directors to collaborate on common interest issues involving emergency management in Zone 3 and regional coordination with King County, Zone 1 and Zone 5, 23 Emergency Management Activity: CRS Review Core Capability Threat and Hazard Identification Risk and Disaster Resilience Assessment General Plan for 13EMPG: Review the requirements for the FEMA Community Rating System (CRS) including any impact analysis reports and CRS activities. Coordinate activities with Public Works to determine activities necessary and achievable to reduce insurance premiums. 24 Emergency Management Activity: ECC Enhancements Core Capability Planning Operational Coordination General Plan for 13EMPG: Continue to identify enhancements for Kent OEM ECC functionality and capability. 26 Emergency Management Activity: ECC Testing Core Capability Operational Coordination Operational Communications General Plan for 13EMPG: Continue to conduct monthly ECC in service days to test systems on a rotating basis. All systems such as electronics, displays, forms, and other material required for activation are checked and tested. 26 Emergency Management Activity: Professional Development Core Capability Planning Operational Coordination General Plan for 13EMPG: Research and send staff to available training activities, conferences, or professional development courses or meetings to enhance personnel professionalism in emergency management. 27 Emergency Management Activity: Amateur Radio Team Support Core Capability Operational Communications Operational Coordination General Plan for 13EMPG: Kent Communication Support Team (KCST) to hold drills on each 5th Saturday and participate in other trainings as needed. DHS-FEMA-EMPG-FFY 13 Page 25 of 32 City of Kent OEM E14-O88 28 Emergency Management Activity: Community Warning System Core Capability Public Information and Warning Community Resilience General Plan for 13EMPG: Maintain and update the reverse 911 community alert systems (CodeRed) for Kent. 29 Emergency Management Activity: Tier II Reporting Core Capability Threat and Hazard Identification Planning General Plan for 13EMPG: Receive, Review, and Document Tier II's from HazMat facilities. 30 Emergency Management Activity: Volunteer Management Core Capability Community Resilience Public and Private Services and Resources General Plan for 13EMPG: Develop and train a volunteer team to support multiple functions within the ECC and/or Disaster Preparedness/Recovery. 31 Emergency Management Activity: Annual Statewide Exercise Core Capability Community Resilience Planning General Plan for 13EMPG: Participate in the Great ShakeOut 2013 Exercise. 32 Emergency Management Activity: Windshield Survey Core Capability Situational Assessment Operational Coordination General Plan for 13EMPG: Ongoing development and enhancement of the Citywide All Discipline windshield survey program. 33 Emergency Management Activity: Credentialing Core Capability Access Control On -scene Security and Protection General Plan for 13EMPG: Enhance existing credentialing program. 34 Emergency Management Activity: Regional Hazard Mitigation Plan Core Capability Long-term Vulnerability Reduction Planning General Plan for 13EMPG: Participate in the King County Regional Hazard Mitigation planning. DHS-FEMA-EMPG-FFY 13 Page 26 of 32 City of Kent OEM E14-088 Exhibit D MILESTONE TIMELINE FFY13 Emergency Management Performance Grant Program MILESTONE TASK June 1, 2013 Start of Grant Agreement performance period. January 31, 2014 Submit reimbursement request #1 (June 1 — December 31, 2013) April 30, 2014 Submit reimbursement request #2 (January 1 — March 31, 2014) August 31, 2014 End of grant performance period. October 15, 2014 Submit final reimbursement request (April 1 —August 31, 2014), additional reports, and/or deliverables. DHS-FEMA-EMPG-FFY 13 Page 27 of 32 City of Kent OEM E14-088 Budget Sheet FFY13 Emergency Management Performance Grant Program 13EMPG Allocation Factor 17.32% 13EMPGGRANT AWARD AMOUNT $ 108,112.00 sotunoN AREA BUDGETCATEGORY AMOUNT Exhibit E The award is based on the allocation factor of 17.32% of the approved local/tribal emergency management operating budgets. NARRATIVE L7 Planning, printing, s oftwa re for Ha zma t, COOP and LEPC ? Goods & Services $ 61000 planning. zTravel/Per Diem $ - g Indirect $ a Subtotal $ 61000 Q Salaries & Benefits $ p Overtime/Backfill $ aConsultants/Contractors $ - QEM Office Supplies, materials, instructional support for day Goods & Services $ 36,500 to day operations, IT, copier usage, phones, uniforms a O Subtotal $ 36,500 Tools /Minor Equipment& Furniture for OEM Office, ECC, a Equipment $ 36,000 DOC's& Amatuer Radio Group Indirect $ - Subtotal $ 36,000 t7 Supplies, Materials, Instructional Supportfor OEM Z Goods & Services $ 4,000 Trainings z Travel/Conferences/Registration/Per Diem/Training, Travel/Per Diem $ 20,000 Examples are WSEMA, IAEM, EMI, PIEP, & LEPC Subtotal $ 24,000 N Supplies, Materials, Instructional Supportfor OEM 0 Goods & Services $ 5,612 exercises. Indirect $ - Subtotal $ 5,612 TOTAL Grant Agreement Contract AMOUNT: $ 108,112 a City of Kent -Office of Emergency Management (OEM) will provide a match of $108,112, 50% of the total project cost (IocaUtribal budget plus EMPG award), of non-federal origin. a Cumulative changes to budget categories in excess of 10% of the grant agreement award will not be reimbursed without prior written authorization from the Department. This award will not be used to supplant the local/tribal funds. a The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted. a The Sub -grantee agrees to make all records available to Military Department staff, upon request. Funding Source: U.S. Department of Homeland Security - Pig 733PT —EMPG DHS-FEMA-EMPG-FFY 13 Page 28 of 32 City of Kent OEM E14-088 ATTACHMENT #1 ADDITIONAL AGREEMENT PROVISIONS AND WORK0h1EET For Compliance With The Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website. Federal awards include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual transactions below $25,000 or credit card transactions before October 1, 2008. However, if an award is initially below this amount yet later increased, the act is triggered. Due to this variability in compliance Subrecipients are required by the Military Department to be familiar with the FFATA requirements and complete this Worksheet for each contract for the State's submission in to the FFATA portal. ADDITIONAL PROVISIONS A. This grant agreement contract (subaward) is supported by federal funds, requiring compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this grant agreement contract, the sub -grantee agrees to provide all applicable reporting information to the Washington Military Department (WMD) required by FFATA and OMB Guidance, B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov) containing information about entities that are awarded Federal grants, loans, and contracts. As required by FFATA and OMB Guidance, certain information on the first -tier subawards related to Federal contracts and grants, and the executive compensation of awardees, must be made publicly available. C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than $25,000, reporting of the subaward and executive compensation information is required. If the initial subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward exceeds $25,000, If the initial subaward equals or exceeds $25,000 but funding is subsequently de - obligated such that the total award amount falls below $25,000, the subaward continues to be subject to the reporting requirements of the Transparency Act and OMB Guidance. D. As a Federal grant subawardee under this grant agreement contract, your organization is required by FFATA, OMB Guidance and this grant agreement contract to provide the WMD, as the prime grant awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number, and relevant executive compensation data, as applicable. 1. Data about your organization will be provided to USASpending.gov by the WMD. System for Award Management (SAM) is a government wide registration system for organizations that do business with the Federal Government. SAM stores information about awardees including financial account information for payment purposes and a link to D&B for maintaining current DUNS information, http://www.sam.gov. WMD requires SAM registration and annual renewal by your organization to minimize unnecessary data entry and re-entry required by both WMD and your organization. It will also reduce the potential of inconsistent or inaccurate data entry. 2. Your organization must have a Data Universal Numbering System (DUNS) number obtained from the firm Dun and Bradstreet (D&B) (http://www.dnb.com). A DUNS number provides a method to verify data about your organization. D&B is responsible for maintaining unique identifiers and organizational linkages on behalf of the Federal Government for organizations receiving Federal assistance. OHS-FEMA-EMPG-FFY 13 Page 29 of 32 City of Kent OEM E14-088 E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the five (5) most highly compensated officers of your organization (as the subawardee) if: Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards; and 2. The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. "Total compensation" for purposes of this requirement generally means the cash and non -cash value earned by the executive during the past fiscal year and includes salary and bonus; awards of stock, stock options and stock appreciation rights; and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards, and (2) the public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation for the five most highly compensated officers of your organization in the table below. DHS-FEMA-EMPG-FFY 13 Page 30 of 32 City of Kent OEM E14-088 PirN]Vr&V M1 Subrecipient Agency: Grant and Year: Agreement Number: Completed by: Name Title Telephone Date Completed: STEP 1 Is your grant agreement less than $25,000? YES t STOP, no further analysis needed, GO to Step 6 Nor, GO to Step 2 STEP 2` In your preceding fiscal year, did your organization receive 80% or more of its annual gross revenues from federal funding? YES t , GO to STEP 3 r I NO STOP, no further analysis needed, GO to Step 6 STEP 3 In your preceding fiscal year, did your organization receive $25,000,000 or more in federal funding? YES —I GO to STEP 4 f NO FSTOPo further needed, GO STEP 4' Does the public have access to information about the total compensation" of senior executives in your organization? YES 1 t STOP, no further analysis needed, GO to step 6 I NO r GO to STEP 5 STEP 5' Executive #1 Name: Total Compensation amount: $ Executive #2 Name: Total Compensation amount: $ Executive #3 Name: Total Compensation amount: $ Executive Name: #4 Total Compensation amount: $ Executive #5 Name: Total Compensation amount: $ STEP 6 If your organization does not meet these criteria, specifically identify below each criteria that is not met for your organization: For Example: "Our organization received less than $25.000." Signature: Date: "Total compensation refers to: • Salary and bonuses • Awards of stock, stock options, and stock appreciation rights • Other compensation including, but not limited to, severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources: http://www.whitehouse.gov/omb/oi)en http: //www. h rs a. gov/g ra nts/ffata. htm I htti)://www, ci Do. oov/fdsys/okci/F R-2010-09-14/Ddf/2010-22705, Ddf http://www,grants.gov/ DHS-FEMA-EMPG-FFY 13 Page 31 of 32 City of Kent OEM E14-088 ATTACHMENT#2 OMB Circular A-133 Audit Certification Form Audits of States, Local Governments, and Non -Profit Organizations "Contact Information Subrecipient (Sub -Grantee) Name (Agency, Local Government, or Organization): Authorized Financial Official: Address: Email: Phone #: Purpose: As a pass -through agency of federal grant funds, the Washington Military Department/Emergency Management Division (WMD/EMD) is required by Office of Management and Budget (OMB) Circular A-133 to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and ensure that subrecipients expending $500,000 or more in federal awards during their fiscal year have met the OMB Circular A-133 Audit Requirements. Your entity is a subreciptent subject to such monitoring by MIL/EMD because it is a non-federal entity that expends federal grant funds received from MIUEMD as a pass -through entity to carry out a federal program. OMB Circular A-133 can be found at htto://www.whitehouse.aov/sites/defaultlfiles/omb/assets/al33/ a133 revised 2007 odf, and it should be consulted when completing this form. Directions: As required by OMB Circular A-133, non-federal entities that expend $500,000 in federal awards in a fiscal year shall have a single or program -specific audit conducted for that year. If your entity is not subject to A-133 requirements, you must complete Section A of this Form. If your entity is required to complete an A-133 Audit, you must complete Section B of this form. When completed, you must sign, date, and return this form with your grant agreement contract and every fiscal year thereafter until the grant agreement contract is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement processing, withholding of federal awards or disallowance of costs, and suspension or termination of federal awards. Our entity is not subject to the requirements of OMB CircularA-133 because (check all that apply): ❑ We did not expend $500,000 or more of total federal awards during the fiscal year. ❑ We are a for -profit agency. ❑ We are exempt for other reasons (describe): However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the programs) in which we participate, that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or documentation to ensure proper stewardship of federal funds. OMB CircularA-133 ❑ We completed our last A-133 Audit on [enter date] for Fiscal Year ending [enter date]. There were no Endings related to federal awards from WMD/EMD. No follow-up action is required by WMD/EMD as the pass -through entity. A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either enclosed or available online at: ❑ We completed our last A-133 Audit on [enter date] for Fiscal Year ending [enter date]. There were findings related to federal awards. A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either enclosed or available online at: http://www. ❑ Our completed A-133 Audit will be available on [enter date] for Fiscal Year ending [enter date]. We will forward a copy of the audit report to you at that time unless it will be available online at: I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, 1 certify that the above information is true and correct and all relevant material findings contained in audit reporf/statement have been disclosed. Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal grant funds from MIUEMD until the grant agreement contract is closed. Signature of Authorized Financial Official: Print Name &Title: Date: WMD Form 1009-13, 8/19/2013 DHS-FEMA-EMPG-FFY 13 Page 32 of 32 City of Kent OEM E14-088 Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: October 15, 2013 SUBJECT: 2013 - 2014 Mid-Biennium Budget Adjustments – Set First and Second Public Hearing Dates SUMMARY: These represent the first and second public hearings of the 2014 mid- biennium budget. Public input is welcome as the City begins to prepare the 2014 mid- biennium budget. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set November 5, 2013 for the first public hearing and November 19, 2013 for the second public hearing of the 2014 mid-biennium budget at the regular City Council meetings. This page intentionally left blank. Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: October 15, 2013 SUBJECT: 2014-2018 Capital Improvement Plan – Set First and Second Public Hearing Dates SUMMARY: These represent the first and second public hearings of the 2014-2018 Capital Improvement Plan. Public input is welcome as the City begins to prepare the 2014-2018 Capital Improvement Plan. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set November 5, 2013 for the first public hearing and November 19, 2013 for the second public hearing of the 2014-2018 Capital Improvement Plan at the regular City Council meetings. This page intentionally left blank. Agenda Item: Consent Calendar – 7K_ TO: City Council DATE: October 15, 2013 SUBJECT: Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees – Set Hearing Date SUMMARY: Kent City Code authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans. The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., November 19, 2013. The Auburn, Federal Way, Highline and Kent School Districts have submitted updated Capital Facilities Plans for Council review and consideration. EXHIBITS: Staff memorandum dated 10/8/2013 RECOMMENDED BY: Staff BUDGET IMPACTS: None MOTION: Set November 19, 2013 as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate the updated Capital Facilities Plans of the Auburn, Federal Way, Highline and Kent School Districts, and changes to adopted school impact fees. This page intentionally left blank. ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Fred N. Satterstrom, AICP, Director Charlene Anderson, AICP, Manager Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 October 8, 2013 To: Mayor Suzette Cooke, Council President Dennis Higgins and City Council Members From: Charlene Anderson, AICP, Planning Manager Subject: Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees – Set Hearing Date SUMMARY: Kent City Code authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans. The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., November 19, 2013. The Auburn, Federal Way, Highline and Kent School Districts have submitted updated Capital Facilities Plans for Council review and consideration. BUDGET IMPACT: None BACKGROUND: One of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards. The Act (RCW 36.70A.070) also requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities. RCW 82.02.050 authorizes cities planning under the Growth Management Act to impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development. As a result, KCC 12.13.080 authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facility plans (KCC 12.13.060 & 070). MOTION: Set November 19, 2013 as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate updated Capital Facilities Plans of the Auburn, Federal Way, Highline and Kent School Districts, and changes to adopted school impact fees. The Auburn, Federal Way, Highline and Kent School Districts propose amendment of the Kent Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to impact fees resulting from new student population generated by new single family and multifamily residential development. The plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, and expected funding. The Kent School District proposes to maintain their existing school impact fees for single family units of $5,486 and for multifamily units of $3,378. The Federal Way School District proposes to increase their existing school impact fees for single family units from $4,014 to $5,363 (an increase of $1,349 or 33.6%) and increase their fees for multifamily units from $1,381 to $1,924 (an increase of $543 or 39.3%). The Auburn School District proposes to decrease their existing school impact fees for single family units from $5,511.69 to $5,398.93 (a decrease of $112.76 or 2.0%) and increase their fees for multifamily units from $3,380.26 to $3,387.84 (an increase of $7.58 or 0.2%). The only area in Kent where Auburn School District’s impact fees are applied is the Verdana or Bridges Planned Unit Development on the former impoundment reservoir site. The Highline School District proposes to decrease their existing school impact fees for single family units from $7,912 to $7,412 (a decrease of $500 or 6.3%) and increase their fees for multifamily units from $3,101 to $3,251 (an increase of $150 or 4.8%). The Highline School District covers the northern section of the Midway Study Area. CA\pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2013\CPA-2013-1 Schl_Dists_CFPs\City_Council\CPA-2013_1_capfacilities_set_Hrg10-15-2013.doc cc: Ben Wolters, Economic & Community Development Director Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Planning Manager Parties of Record Project Files CPA-2013-1/KIVA #2133039 10/15/13 City Council Meeting Page 2 of 2 BIDS This page intentionally left blank. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank. Agenda Item: Action after Executive Session_ TO: City Council DATE: October 15, 2013 SUBJECT: Resolution of Intent to Set a Public Hearing Date for Local Improvement District (LID) 365, SE 256th Street Improvements, 116th Ave SE to Kent-Kangley Road – Set Hearing Date SUMMARY: On March 5, 2013 The City of Kent Council formed LID 364 for the SE 256th Street Improvement project to help fund the $2 million funding gap. This LID was rejected and overturned by the participants 30 days later. LID 364 included properties that signed a “No Protest” covenant that allowed for development of the property without completing street improvements on 256th. They agreed to not protest the formation of a future LID to help pay for the improvements to the roadway. The City proposes to form a new LID, (LID 365) to include only these properties and collect the appropriate share of the costs for the road improvements as promised under the “No Protest” covenants. The total assessments for the proposed LID 365 is $365,643.48 and includes 24 properties. EXHIBITS: Resolution of Intent RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This amount was anticipated as part of the total project budget. MOTION: Recommend Council adopt a Resolution of Intent setting November 19, 2013 as the date for a public hearing on the formation of Local Improvement District 365, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. RESOLUTION NO. _______ A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent- Kangley Road to 116th Ave SE; and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on November 19, 2013. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, 1 Resolution of Intent – LID No. 365 erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent-Kangley Road to 116th Ave SE, as more fully described in Exhibit B, attached hereto and by this reference made a part hereof. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Public Works Director of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. SECTION 2. The total estimated cost and expense of the improvements is declared to be approximately $7,000,000.00, approximately $4,634,000 of that cost and expense shall be paid by the City, approximately $2,000,000 of that cost and expense shall be paid by grants, and the balance thereof (an estimated $365,643) shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established. The local improvement district is to include as nearly as practicable those properties specially benefited by the improvements that were required as a condition of property development to participate in a local improvement district for the identified improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. 2 Resolution of Intent – LID No. 365 SECTION 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. SECTION 4. All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on November 19, 2013, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon and objections thereto and for determining the method of payment for the improvements. All persons who may desire to object thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the 3 Resolution of Intent – LID No. 365 date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. SECTION 5. The City’s Public Works Director is directed to submit to the City Council on or prior to November 19, 2013, all data and information required by law to be submitted. SECTION 6. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this 1st day of October, 2013. CONCURRED in by the Mayor of the City of Kent this ____ day of October, 2013. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, ACTING CITY ATTORNEY 4 Resolution of Intent – LID No. 365 Exhibit A L.I.D. Boundary Description L.I.D 365 – SE 256th Street Improvements 1 Exhibit A to Resolution of Intent LID No. 365 A - 2 Exhibit A to Resolution of Intent LID No. 365 Exhibit B Description of Improvements L.I.D 365 – SE 256th Street Improvements The overall project limits for SE 256th Street are Kent-Kangley Road to the west at the ‘Y’ intersection and 116th Ave. SE to the east. The roadway improvements include but are not limited to: • Widening to 3 lanes with a center left turn lane • Bicycle lanes in both directions • Installation of cement concrete sidewalks and driveways • New roadway pavement section • Curb and gutters • Storm drainage system with detention and treatment facilities • Relocation and adjustment of existing utilities and other improvements such as fire hydrants, manholes, water meters, valve boxes, monuments, utility poles, street light poles, mailboxes, fences and signs as necessary • Channelization • Traffic signs • Street trees • Planter strips between the curb and sidewalk • Street lighting • Erosion control both temporary and permanent • Retaining walls where necessary • Undergrounding of electrical facilities • Wheel chair ramps in the curb and sidewalk at the intersections • Traffic signal revisions as necessary at both ends of the project • Utility stubs and extensions as necessary • Removal of existing improvements as necessary 1 Exhibit B to Resolution of Intent LID No. 365 This page intentionally left blank. CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the “City”), hereby certify as follows: 1. The attached copy of Resolution No. (the “Resolution”) is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on October__, 2013, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this day of October, 2013. CITY OF KENT, WASHINGTON RONALD MOORE, CITY CLERK P:\Civil\Resolution\LID 365 Resolution Of Intent.Doc