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
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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
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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
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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.
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COUNCIL WORKSHOP
1) Interstate 405 & State Route 167 HOV Lane Letter
2) 2014 Budget Adjustments
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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
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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
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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
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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
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PUBLIC HEARINGS
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PUBLIC COMMENT
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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Exhibit A
4 Pheasants Hollow Neighborhood Council
Resolution
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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.
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F, STATg !)F
of b £
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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
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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
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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.
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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
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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.
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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 $13,151.46, amend the budget, and authorize expenditure of
the funds in accordance with the grant terms acceptable to the police chief
and city attorney.
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From: owner-bvp-list@ojp.usdoj.gov on behalf of BVP [bvp@usdoj.gov]
Sent: Thursday, October 03, 2013 9:53 AM
Subject: Bulletproof Vest Partnership FY 2013 Award Announcement
Dear BVP applicant,
The Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award
under the Fiscal Year (FY) 2013 Bulletproof Vest Partnership (BVP) solicitation. These funds have been
posted to your account in the BVP System. A complete list of FY 2013 BVP awards is available at:
http://www.ojp.usdoj.gov/bvpbasi/.
The FY 2013 award may be used for National Institute of Justice (NIJ) compliant armored vests which
were ordered after April 1, 2013. The deadline to request payments from the FY 2013 award is August
31, 2015, or until all available funds have been requested. Please see the following websites for a list of
NIJ compliant vests:
Ballistic Vests: http://nij.gov/nij/topics/technology/body-armor/compliant-ballistic-armor.htm
Stab Resistant Vests: http://nij.gov/nij/topics/technology/body-armor/compliant-stab-armor.htm
As a reminder, all jurisdictions that applied for FY 2013 BVP funding certified that a mandatory wear
policy was in place for their jurisdiction. BJA will be conducting reviews of the mandatory wear policies
as funds are requested from the BVP System. For more information on the BVP mandatory wear policy,
please see the BVP Frequently Asked Questions document:
http://www.ojp.usdoj.gov/bvpbasi/docs/FAQsBVPMandatoryWearPolicy.pdf$.
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
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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
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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.
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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
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(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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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