HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/18/2014CITY OF KENT
City Council MeetingAgenda
November 18, 2014
Mayor Suzette Cooke
Dana Ralph, Council President
Councilmembers
Jim Berrios
Bill Boyce
Brenda Fincher
Dennis Higgins
Deborah Ranniger
Les Thomas
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KENT CITY COUNCIL AGENDAS
November 18, 2014
Council Chambers
Mayor Suzette Cooke
Council President Dana Ralph
Councilmember Jim Berrios Councilmember Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Deborah Ranniger Councilmember Les Thomas
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COUNCIL WORKSHOP MEETING AGENDA
5 p.m.
Subject Speaker Time
Budget – FM Radio Mayor Suzette Cooke 15 min
Tax Division Proposal Aaron BeMiller 15 min
2015-2016 Biennial Budget Aaron BeMiller 45 min
COUNCIL REGULAR MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Proclamation for Small Business Day
D. Proclamation for Civil Air Patrol Week
E. Presentation to the Kent Food Bank
F Appointments to the Parks and Recreation Commission
G. Public Safety Report
H. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT - Please state your name and address for the record. You
will have up to three (3) minutes to provide comment. Please address all
comments to the Mayor or the Council as a whole. The Mayor and Council
may not be in a position to answer questions during the meeting. For more
details regarding the public comment process, please refer to the section
titled, “Public Comments,” on the reverse side.
7. CONSENT CALENDAR
A. Payment of Bills – Approve
B. Appointments to the Parks and Recreation Commission – Confirm
(continued)
COUNCIL MEETING AGENDA CONTINUED
C. Puget Sound Energy Design Agreement for Russell Road Upper South
Reach Levee - Authorize
D. 2014 Emergency Management Performance Grant – Authorize
E. Ordinance Amending Kent City Code 9.02, Criminal Code - Adopt
F. 2014 Comprehensive Plan Docket – Authorize
G. Consultant Services Agreement with Fehr & Peers for Transportation
Element of the Comprehensive Plan - Authorize
8. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(b)
12. 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 website
at 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.
COUNCIL WORKSHOP
1) Budget – FM Radio
2) Tax Division Proposal
3) 2015-2016 Departmental Budget Presentations
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A)Public Recognition
B)Community Events
C)Proclamation for Small Business Day
D)Proclamation for Civil Air Patrol Week
E)Presentation to the Kent Food Bank
F)Appointments to the Parks and Recreation Commission
G)Public Safety Report
F)Intergovernmental Reports
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Whereas, Small business owners embody the spirit of entrepreneurship and
strong work ethic that lie at the heart of the American dream. They
are the backbone of our Nation's economy, they employ tens of
millions of workers and in the past 18 years, they have created the
majority of new private sector jobs. During Small Business Day, we
reaffirm our support for America's small businesses and celebrate the
proud tradition of private enterprise they represent; and
Whereas, Small businesses are the engine of our prosperity and a reflection of
our character. A healthy small business sector will give us vibrant
communities, cutting edge technology and an American economy that
can compete and win in the 215t Century; and
Whereas, On this day we celebrate the role of these entrepreneurs and small
businesses in the City of Kent; and
NOW, THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby
proclaim November 29, 2014, as
In the City of Kent, Washington, and I encourage all citizens of Kent to recognize
the tremendous contributions small businesses make to our City.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to
be affixed this 18th day of November 2014.
Mayor Suzette Cooke
W
A S
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WHEREAS, Civil Air Patrol (CAP) was founded December 1, 1941 by a group of
volunteers led by civilian pilots who flew their own planes at their own
expense to support America's efforts in World War II, flying missions
near the country's coasts to protect cargo ships, especially vital oil
tankers, being sunk at an alarming rate, that according to U.S. Army
Chief of Staff General George Marshal, "now threaten our entire war
effort'; and
WHEREAS, so many subs were spotted by these "sub -chasers" that the military
armed light aircraft with small bombs and larger aircraft with 325-
pound depth charges, putting brave civilians at great risk; and
WHEREAS, these sub -chasers played an integral role in the defense of America's
home front during WWII, spotting 143 German subs, attacking 57 and
sinking two, while directing shore -based units to their targets and
forcing the German Navy to move further offshore, resulting in 64
deaths and 150 lost aircraft by war's end; and
WHEREAS, President Harry Truman signed Public Law 476 in 1946, making Civil
Air Patrol (CAP) a benevolent, nonprofit organization, and, in 1948, the
Congress of the United States passed Public Law 557, permanently
establishing CAP as the auxiliary of the new U.S. Air Force with the
three primary missions of Emergency Services, Cadet Programs and
Aerospace Education; and
WHEREAS, in 2010 alone, many of CAP's professional volunteers participated in
11016 search and rescue missions in which they were credited with
saving 113 lives; and
WHEREAS, CAP celebrates 73 years of performing these Missions for America.
NOW, THEREFORE, BE IT RESOLVED, I, Suzette Cooke, Mayor of the City of
Kent do hereby proclaim December 1 through 7, 2014 as
In the City of Kent and ask that all citizens of Kent honor the men and women who
have served their fellow citizens through the Civil Air Patrol.
Dated this 1 th da y of November, 2014. 7
/
u�`ett� Cooke
0
W A S H i N G T G N
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PUBLIC HEARING
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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 G.
Discussion
Action
7A. Approval of Bills.
Approval of payment of the bills received through September 15 and paid on
September 15 after auditing by the Operations Committee on October 7, 2014.
Approval of checks issued for vouchers:
Date Check Numbers Amount
9/15/14 Wire Transfers 5986 - 6002 $1,870,457.73
9/15/14 Regular Checks 686112 - 686433 $2,416,711.81
Void Checks ($116.34)
9/15/14 Use Tax Payable $3,089.10
$4,2906,142.30
Approval of checks issued for payroll for September 1 through September 15 and
paid on September 19, 2014:
Date Check Numbers Amount
9/19/2014 Checks 336552 - 336683 $99,880.60
Voids and Reissues
9/19/2014 Advices 334293 - 334954 $1,285,744.30
$1,385,624.90
Approval of payment of the bills received through September 30 and paid on
September 30 after auditing by the Operations Committee on October 21, 2014.
Approval of checks issued for vouchers:
Date Check Numbers Amount
9/30/14 Wire Transfers 6003 - 6015 $1,274,340.65
9/30/14 Regular Checks 686434 - 686759 $2,669,872.82
Void Checks ($0.00)
9/30/14 Use Tax Payable $342.57
$3,944,556.04
Approval of checks issued for payroll for September 16 through September 30
and paid on October 3, 2014:
Date Check Numbers Amount
10/3/2014 Checks 336684 - 336731 $44,526.03
Voids and Reissues
10/3/2014 Advices 334956 - 335703 $1,337,767.96
$1,382,293.99
.
Agenda Item: Consent Calendar – 7B
TO: City Council
DATE: November 18, 2014
SUBJECT: Appointment of the New Kent Parks and Recreation Commission –
Confirm
SUMMARY: I am pleased to recommend appointment of Kendrick Glover, Wayne
Jensen, Randy Furukawa, Jorge Ramos, Elizabeth Saurwein, Dan Barrett, Kari
Hedrick, Tiambia Whitfield, Richard Johnson, Zandria Michaud, Megan Stevens,
Latanda Topps, Annette Bailes, Yuriy Zaremba, Jaleen Roberts and Brayden Seims
to the new Kent Parks and Recreation Commission. Terms of appointed members
have not been determined as yet. There will be staggered terms assigned; one-
year, two-year, and three-year terms. Terms will be identified prior to the
Commission’s first meeting in January of 2015.
RECOMMENDED BY: Mayor Suzette Cooke
YEA: N/A NAY: N/A
BUDGET IMPACTS: N/A
MOTION: Confirm appointment of 16 members to the new Kent Parks and
Recreation Commission and authorize the Mayor and the Parks,
Recreation & Community Services Director to assign membership terms
prior to the first Commission meeting in January, 2015.
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Agenda Item: Consent Calendar – 7C
TO: City Council
DATE: November 18, 2014
SUBJECT: Puget Sound Energy Design Agreement for Russell Road Upper
South Reach Levee - Authorize
SUMMARY: The focus of the project is to construct the remaining portion of the
South Reach Levee north of James Street along the Lakes Community. A secondary
levee will be constructed landward of the existing levee on the Green River in order to
meet FEMA’s levee accreditation requirements and improve flood protection for The
Lakes neighborhood and downstream properties.
In order to complete the project, existing overhead Puget Sound Energy (PSE) lines
will need to be relocated underground. The first step in that process is to sign a
Schedule 74 Design Agreement with PSE. A Design Agreement will allow PSE to
prepare plans to underground its utilities. The estimated cost of the design of this
project is $20,000.
EXHIBITS: Schedule 74 Design Agreement with PSE
RECOMMENDED BY: Public Works Committee
YEA: Fincher – Ralph - Higgins NAY:
BUDGET IMPACT: There will be no impact to the budget as funding will be
reimbursed by the King County Flood Control District through an Interlocal Agreement
on this project.
MOTION: Authorize the Mayor to sign the Puget Sound Energy Schedule 74
Design Agreement for the Upper Russell Road Levee – South Reach, as
approved by the City Attorney and Public Works Director.
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Project ®esign Agreement
Project Name: Upper Russell Rd Levee —South Reach Schedule 74 Conversion
THIS Agreement, dated as of this day of , 20 , is made by and between
the CITY of KENT, a Municipal Corporation (the "Government Entity"), and PUGET SOUND ENERGY,
Inc., a Washington Corporation (the "Company").
G7x«l�_l
A. The Company is a public service company engaged in the sale and distribution of electric
energy and, pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity is considering conversion of the Company's existing overhead electric
distribution system to a comparable underground electric distribution, as more specifically described in the
Scope of Work (as defined in paragraph 2, below) furnished to the Company by the Government Entity
the "Conversion Project").
C. The Government Entity has requested that the Company perform certain engineering design
services and otherwise work cooperatively with the Government Entity to develop a mutually acceptable
Project Plan (as defined in paragraph 6, below) for the Conversion Project, in accordance with and subject
to the terms and conditions of this Agreement (the "Design Work").
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the Design Work for the
Conversion Project.
i
The Government Entity and the Company therefore agree as follows:
1. Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement.
2. The Government Entity shall, within ten (10) business days after the date of this Agreement, provide
the Company with a written scope of work for the Conversion Project which includes, among other
things, (a) a reasonably detailed description of the scope of the work required for the Conversion
Project, (b) a list of the key milestone dates for the Conversion Project, (c) reasonably detailed
drawings showing any associated planned improvements to the Public Thoroughfare, and (d) a
statement as to whether the Government Entity desires to install the ducts and vaults for the
Conversion Project (the "Scope of Work"). The Government Entity shall provide the Company two (2)
hard copies of the Scope of Work and a copy of the relevant electronic file(s) in a mutually agreed
electronic format.
3. Within ten (10) business days of its receipt of the Scope of Work, the Company shall prepare and
submit to the Government Entity (a) a reasonably detailed, good faith estimate of the cost to perform
Me Design Work (the "Design Cost Estimate"), and (b) a proposed schedule for completion of the
Design Work which, to the extent reasonably practicable, reflects the applicable key milestone dates
specified in the Scope of Work and provides for completion of the Design Work within ninety (90)
Design Agreement, Attachment "A" to Schedule 74, Page 1
City of Kent —Upper Russell Rd Levee South Reach Conversion
business days from the date the Company receives the Government Entity's notice to proceed under
paragraph 5, below (the "Design Schedule"). The proposed Design Cost Estimate and the proposed
Design Schedule shall be based upon the then -current Scope of Work. Unless otherwise specified in
the Scope of Work, the Design Work shall not include negotiation or acquisition of third party property
rights but shall include preliminary planning between the Company and the Government Entity
regarding their respective obligations for negotiating and acquiring third party property rights.
4. Within ten (10) business days after the Government Entity's receipt of the proposed Design Cost
Estimate and the proposed Design Schedule from the Company, the Government Entity and the
Company shall meet in order to (a) review the proposed Design Cost Estimate, (b) review the
proposed Design Schedule; (c) review the Scope of Work, and (d) make any changes necessary to
create a final Scope of Work, final Design Cost Estimate, and final Design Schedule that are
reasonably acceptable to both parties. If the parties are unable to agree upon a final version of the
Scope of Work, Design Cost Estimate, and/or Design Schedule, then either party may, by written
notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures
in paragraph 16, below. The final Scope of Work, Design Cost Estimate and Design Schedule, once
determined in accordance with this paragraph 4, may thereafter be changed or amended only in
accordance with the change procedures set forth in paragraph 13, below.
5. The Government Entity shall, within ten (10) business days after determination of the final of the
Scope of Work, Design Cost Estimate, and Design Schedule, issue (a) a written notice to proceed
which shall delineate the final Scope of Work, Design Cost Estimate, and Design Schedule, or (b) a
written notice to terminate this Agreement without cost to the Government Entity. If the Government
Entity terminates this Agreement, the costs incurred by the Company in preparing and submitting the
Design Cost Estimate and the Design Schedule shall not be reimbursable to the Company, and the
rights and obligations of the parties under this Agreement shall be terminated in their entirety and
without liability to either party.
6. Following the Company's receipt of the notice to proceed, and within the applicable time period
speced in the Design Schedule, the Company shall, with the cooperation and assistance of the
Government Entity as outlined in this Agreement, prepare a project plan for the Conversion Project
(the "Project Plan") which shall include, among other things, the following: (a) a detailed description of
the work that is required to be performed by each party and any third party in connection with the
Conversion Project (the "Construction Work"), (b) the applicable requirements, drawings, and
specifications for the Construction Work, (c) a description of any operating and other property rights
that are required to be obtained by each party for the Conversion Project (and the requirements and
specifications with respect thereto), (d) a detailed estimate of the costs to be incurred by each party in
its performance of the Construction Work, and (e) a detailed schedule for completing the Construction
Work (including, without limitation, the dates for delivery of the ducts and vaults and other materials
for use at the site of the Construction Work),
7. The Government Entity shall be responsible for coordinating the Design Work with all other design
work to be performed in connection with the Conversion Project and any associated planned
improvements to the Public Thoroughfare. The parties shall work together in an effort to mitigate the
costs of the Conversion Project to each party, including, without limitation, identifying ways to
accommodate the facilities of the Company to be installed as part of the Conversion Project within the
Public Thoroughfare,
8. Within the applicable time period specified in the Design Schedule, the Company shall prepare and
submit to the Government Entity a proposed initial draft of the Project Plan. The parties understand
and acknowledge that the proposed Project Plan submitted by the Company shall be preliminary in
nature and shall not include, without limitation, information required to be supplied by the Government
Entity (e.g., scope and estimate of the cost of the Construction Work to be performed by the
Government Entity),
Design Agreement, Attachment "A" to Schedule 74, Page 2
City of Kent —Upper Russell Rd Levee South Reach Conversion
9. Wlthln the applicable time period specified in the Design Schedule, the Government Entity shall
(a) review the proposed Project Plan submitted by the Company, (b) complete any information
required to be supplied by the Government Entity, (c) make any changes required to conform the
proposed Project Plan to the Scope of Work and this Agreement, and (d) return the amended Project
Plan to the Company.
10. Within the applicable time period speced in the Design Schedule, the Company shall review the
amended Project Plan submitted by the Government Entity and notify the Government Entity in writing
of either the Company's acceptance of, or the Company's specific objections to, the amended Project
Plan. If the Company makes any objection to the amended Project Plan, and the parties are unable to
resolve the objections and mutually agree upon the Project Plan prior to the final design date specified
in the Design Schedule, then either party may, by written notice to the other party, submit the matter
for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The Project Plan,
as mutually agreed upon by the parties or established through the dispute resolution process, shall be
attached to and incorporated in a Project Construction Agreement substantially in the form attached
hereto as Exhibit A (the "Construction Agreement") which is to be signed by the parties prior to
commencement of the Construction Work,
11. The parties intend and agree that the Design Work and the Project Plan in its final form shall conform
to the following requirements:
(a) The Project Plan shall, if requested by the Government Entity in its initial Scope of Work, specify
that the Government Entity shall install the ducts and vaults for the Conversion Project; provided
that (i) the parties mutually agree upon and set forth in the Project Plan (A) the costs of such
installation work to be included in the Cost of Conversion, and (B) the specifications and
standards applicable to such installation work, and (ii) such installation work is accomplished by
the Government Entity in accordance with the applicable design and construction specifications
provided by the Company and set forth in the Project Plan.
(b) Each estimate of the costs to be incurred by a party shall, at a minimum, be broken down by
design and engineering costs, (ii) property and related costs, including any costs of
obtaining operating rights, and (iii) construction costs, including and listing separately inspection,
labor, materials, and equipment.
(c) All facilities of the Company installed as part of the Conversion Project shall be located, and all
related property and operating rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74. The Project Plan shall describe in detail the location of such facilities,
any related property and operating rights required to be obtained, and the relative responsibilities
of the parties with respect thereto.
(d) The schedule set forth in the Project Plan for completing the Construction Work shall include, at a
minimum, milestone time periods for completion of the Trenching, installation of ducts and vaults,
the construction and removal of any Temporary Service, and the removal of overhead facilities.
(e) The Project Plan may include the specification of work and requirements for Government -
Requested Upgrades and Company -Initiated Upgrades; provided, however, that the costs
incurred by the Company with respect to the design and engineering of Company -Initiated
Upgrades shall not be included in the costs reimbursable to the Company under this Agreement
or the Construction Agreement. For purposes of the foregoing, (i) the term "Government -
Requested Upgrade" shall mean any feature of the Underground Distribution System which is
requested by the Government Entity and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced, and (ii) the
term "Company -Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
Design Agreement, Attachment "A" to Schedule 74, Page 3
City of Kent —Upper Russell Rd Levee South Reach Conversion
purposes of subparagraph (ii), above, a "comparable" system shall include, unless the parties
otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of
6" or less) of such diameter and number as may be specified and agreed upon in the final Scope
of Work necessary to replicate the load -carrying capacity (system amperage class) of the
overhead system being replaced. For purposes of subparagraph (i), above, any empty ducts
installed at the request of the Government Entity shall be a Government -Requested Upgrade.
(f) The Project Plan shall set forth all speccations, design standards and other requirements for the
Construction Work and the Conversion Project, including, but not limited to, the following:
(i) applicable federal and state safety and electric codes and standards, (ii) applicable construction
and other standards of the Company, and (iii) applicable street design and other standards of the
Government Entity which are in effect as of the commencement of the Conversion Project,
12. Upon request of the Government Entity, and in any event at the times specified in the Design
Schedule, the Company shall provide periodic reports which compare the actual costs of the Design
Work incurred to that point in time to the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below. Further, if at any time the Company reasonably expects that
the actual cost of the Design Work will exceed the Design Cost Estimate, as changed or amended in
accordance with paragraph 13, below, the Company shall notify the Government Entity immediately.
Upon receipt of the Company's notice, the Government Entity may, at its option,
(a) notify the Company in writing that this Agreement is terminated; or
(b) request a reasonably detailed explanation supported by documentation (reasonably satisfactory to
the Government Entity) to establish that the actual costs in excess of the Design Cost Estimate
are:
(i) reasonable,
(ii) consistent with the Scope of Work, and
(iii) consistent with sound engineering practices.
If the Government Entity requests an explanation, the Government Entity shall, within ten (10)
business days after receipt of the explanation,
(a) change the Scope of Work in accordance with paragraph 13, below, or
(b) direct the Company to continue with the Design Work without a change in the Scope of Work, but
reserving to the Government Entity the right to dispute the reasonableness of the costs to be paid
the Company under paragraph 14, below, in accordance with the dispute resolution procedures in
paragraph 16, below, or
(c) direct the Company to discontinue performing the Design Work pending resolution, pursuant to
paragraph 16, below, of any dispute regarding the reasonableness of the costs, in which event the
Design Schedule will be adjusted to reflect the delay, or
(d) notify the Company in writing that this Agreement is terminated.
In the event the Government Entity terminates this Agreement or discontinues the performance of the
Design Work under subparagraph (c), above, for more than ninety (90) days, the Government Entity
shall pay the Company for all costs incurred by the Company in its performance of the Design Work
prior to the date the Company receives the Government Entity's notice of termination, plus any costs
incurred by the Company for materials and other items ordered or procured by the Company with the
prior authorization of the Government Entity in order to meet the schedule for the Conversion Project.
The foregoing payment obligation shall survive any termination of this Agreement.
Design Agreement, Attachment "A" to Schedule 74, Page 4
City of Kent —Upper Russell Rd Levee South Reach Conversion
13. (a) Either party may, at any time, by written notice thereof to the other party, request changes to the
Scope of Work (a "Request for Change"). No Request for Change shall be effective and binding
upon the parties unless signed by an authorized representative of each party. If any approved
Request for Change would cause an increase in the cost of, or the time required for, the
performance of any part of the Design Work, an equitable adjustment in the Design Cost Estimate
and the Design Schedule shall be made to reflect such increase. The parties shall negotiate in
good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment.
If the parties are unable to agree upon the terms of the equitable adjustment, either party may
submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16,
below. Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually
acceptable equitable adjustment, each party shall, if requested by the other party, proceed with
the Design Work in accordance with the Request for Change. Any such request to proceed must
be accompanied by a written statement setting forth the requesting party Is reasons for rejecting
the proposed equitable adjustment of the other party.
(b) The Design Cost Estimate and/or the Design Schedule shall be equitably adjusted from time to
time to reflect any change in the costs or time required to perform the Design Work to the extent
such change is caused by: (i) any Force Majeure Event under paragraph 17, below, (ii) the
discovery of any condition within the Conversion Area which affects the scope, cost, schedule or
other aspect of the Design Work and was not known by or disclosed to the affected party prior to
the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the
scope, cost, schedule or other aspect of the Design Work which are expressly identified by the
parties in the final Scope of Work. Upon the request of either party, the parties will negotiate in
good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment.
If, at any time thereafter, the parties are unable to agree upon the terms of the equitable
adjustment, either party may submit the matter for resolution pursuant to the dispute resolution
provisions in paragraph 16, below.
14. Upon completion of the Design Work (i.e., the date on which the Project Plan is final under
paragraph 10, above, either by mutual agreement of the parties or as established through the dispute
resolution procedures), the Government Entity shall pay the Company all actual, reasonable costs to
the Company for the Design Work (which, if disputed in good faith by the Government Entity, may be
submitted by either party for resolution pursuant to the dispute resolution provisions in paragraph 16,
below), plus any costs incurred by the Company for materials and other items ordered by the
Company with the prior authorization of the Government Entity in order to meet the schedule for the
Conversion Project. If, thereafter, the Construction Agreement is executed by the parties and the
Conversion Project is completed within five (5) years from the date of this Agreement, the full amount
of the costs incurred by the Company in its performance of the Design Work shall be included in the
"Shared Company Costs" under the Construction Agreement and any payment of such amounts
under this Agreement shall be credited to the Government Entity in calculating the "Net Amount"
payable under the Construction Agreement,
15. Within sixty (60) business days after completion of the Design Work, the Company shall issue to the
Government Entity an itemized invoice for the amounts payable under this Agreement. Such invoice
shall be in a form mutually agreed upon by the Company and the Government Entity and shall, at a
minimum, itemize the design and engineering costs, including and listing separately inspection, labor,
materials and equipment. In the event the Government Entity does not verify such invoice within ten
(10) business days of receipt, the Government Entity shall provide a written request to the Company
specifying the additional information needed to verify the invoice. The Company will provide, within a
reasonable period after receipt of any request, such documentation and information as the
Government Entity may reasonably request to verify such invoice. The Government Entity shall pay
the Company all amounts payable under this Agreement within thirty (30) days after receipt of the
Company's invoice. Payment as provided in this Agreement shall be full compensation for the
Company's performance of the Design Work, including without limitation all services rendered and all
materials, supplies, equipment, and incidentals necessary to complete the Design Work,
Design Agreement, Attachment "A" to Schedule 74, Page 5
City of Kent —Upper Russell Rd Levee South Reach Conversion
16. Dispute Resolution Procedures:
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the parties. A party who wishes dispute resolution shall notify the
other party in writing as to the nature of the dispute. Each party shall appoint a representative
who shall be responsible for representing the party's interests. The representatives shall
exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10)
business days of the date the disagreement was first raised by written notice shall be referred by
the parties' representatives in writing to the senior management of the parties for resolution. In
the event the senior management are unable to resolve the dispute within twenty (20) business
days (or such other period as the parties may agree upon), each party may pursue resolution of
the dispute through other legal means consistent with the terms of this Agreement. All
negotiations pursuant to these procedures for the resolution of disputes shall be confidential and
shall be treated as compromise and settlement negotiations for purposes of the state and federal
rules of evidence.
(b) Any claim or dispute arising hereunder which relates to the Scope of Work, Design Cost
Estimate, and Design Schedule under paragraph 4, above; the Project Plan under paragraph 101
above; or any Request for Change (including, without limitation, any associated equitable
adjustment) under paragraph 13, above; and is not resolved by senior management within the
time permitted under paragraph 16(a), above, shall be resolved by arbitration in Seattle,
Washington, under the Construction Industry Arbitration Rules of the American Arbitration
Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and
binding upon the Parties. All other disputes shall be resolved by litigation in any court or
governmental agency, as applicable, having jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this paragraph 16, costs of the arbitrator(s), hearing
rooms and other common costs shall be divided equally among the parties. Each party shall
bear the cost and expense of preparing and presenting its own case (including, but not limited to,
its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of
his or her decision, reimbursement of all or a portion of the prevailing party's costs and expenses
by the other party.
(d) Unless otherwise agreed by the parties in writing, the parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
17. In the event that either party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that party's
performance shall be excused during the Force Majeure Event, Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a party, its contractors or a third
party; or any failure or delay in the performance by the other party, or a third party who is not an
employee, agent or contractor of the party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
18. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the
Company's electric Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities
and Transportation Commission and in effect as of the date of this Agreement.
Design Agreement, Attachment "A" to Schedule 74, Page 6
City of Kent —Upper Russell Rd Levee South Reach Conversion
19. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or
hand delivery), delivered in person, or mailed, properly addressed and stamped with the required
postage, to the intended recipient as follows:
If to the Government Entity:
If to the Company:
City of Kent
400 West Gowe St.
Kent, WA 98032
Attn: Toby Hallock
Fax: 253-856-6500
Puget Sound Energy, Inc.
6905 S. 228'h St.
Kent, WA 98032
Attn: Doug Corbin
Fax: 253-395-6882
Either party may change its address specified in this paragraph by giving the other party notice of such
change in accordance with this paragraph.
20. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the
laws of the State of Washington (without reference to rules governing conflict of laws), except to the
extent such laws may be preempted by the laws of the United States of America.
21. This Agreement constitutes the entire agreement of the parties with respect to the subject matter
hereof and all other agreements and understandings of the Parties, whether written or oral, with
respect to the subject matter of this Agreement are hereby superseded in their entireties.
22. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns,
purchasers, and transferees of the parties, including but not limited to, any entity to which the rights or
obligations of a party are assigned, delegated, or transferred in any corporate reorganization, change
of organization, or purchase or transfer of assets by or to another corporation, partnership,
association, or other business organization or division thereof.
Government Entity:
City of Kent
L�
ITS
Date Signed
Approved as to form:
Company:
GET SOUND
PUENERGY, INC.
ITS Municipal Liaison Manager
Date Signed
Design Agreement, Attachment "A" to Schedule 74, Page 7
City of Kent —Upper Russell Rd Levee South Reach Conversion
This page intentionally left blank.
Agenda Item: Consent Calendar – 7D
TO: City Council
DATE: November 18, 2014
SUBJECT: 2014 Emergency Management Performance Grant – Accept
SUMMARY: The Kent Office of Emergency Management applied for and received a
grant in the amount of $93,525.00 from the Washington Military
Department/Emergency Management Division and the U.S. Department of Homeland
Security.
The purpose of the grant is to assist with the enhancement, sustainment, and
improvement of state, local, and tribal emergency management programs. Activities
conducted using grant funds should relate directly to the five elements of emergency
management: prevention, protection, response, recovery, and mitigation.
The program areas that will benefit from these grant funds include: public
education/community training, Community Emergency Response Team, Kent
Communication Support Team, crises communications, public education and
information, community events, operational communication,
exercises/testing/training, school exercises/trainings/professional development,
planning, upgrades/improvements, public information and warning, hazard mitigation,
marketing and information support, Office of Emergency Management vehicles, and
for the Local Emergency Planning Committee.
EXHIBITS: Grant Agreement
RECOMMENDED BY: Public Safety Committee
YEA: Berrios – Ralph - Thomas NAY:
BUDGET IMPACT: No impact, this is a pass-through grant
MOTION: Authorize the Mayor to accept the Emergency Management
Performance Grant from the Washington Military Department/Emergency
Management Division and the U.S. Department of Homeland Security, in the
amount of $93,525.00, to sign all necessary grant documents, and to amend
the budget and authorize expenditure of the funds in accordance with final
grant terms and conditions acceptable to the City Attorney.
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 Avenue SE
$93,626
E15435
Kent, WA 980304939
4. Sub -grantee Contact, phone/email:
5. Grant Agreement Start Date:
6. Grant Agreement End Date:
Jennifer Keizer, 253-856-4342
June 1, 2014
August 31, 2016
JDKeizer@ci.kent.wa.us
7. Department Program Manager, phone/email:
8. Data Universal Numbering System (DUNS):
9. UBI #(state revenue):
Kristin Ramos, (253) 512-7083
020263613
173-000-002
kristin.ramos@mil.wa.gov
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-2014-EP-00033-S01
743PT NZ
97.042 EMPG (14) 91-6001254
15, Service Districts:
16. Service Area by County(ies):
17, Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 33, 47
Certified?: X NIA ❑ NO
(BY CONGRESSIONAL DISTRICT): 8, 9,11
King
❑ 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)/Federal Emergency Management Agency
(FEMA) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency
management programs to sustain 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
Richard A. Woodruff, Contracts Administrator Suzette Cooke, Mayor
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM: Signature Date
Jim Schneider, Fire Chief
Brian E. Buchholz (signature on file) 8-27-2014
Assistant Attorney General
APPROVED AS TO FORM (if applicable):
Applicant's Legal Review Date
Form 10/27/00 Ktlb
DHS-FEMA-EMPG-FFY 14 Page 1 of 38 City of Kent OEM, E15-135
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.
Name
Jim Schneider
Name
Gary Stumph
Title
Fire Chief
ONE
Title
Program Coordinator
E-Mail
jschneider@kentwa.gov
E-Mail,
gary.stumph@mil.wa.gov
Phone
253-856-4311
Phone
253-512=7483
Name
Jennifer Keizer
Name
Kristin Ramos
Title
EM Specialist
Title
Program Manager
&Mail
JDKeizer@ci.kent.wa.us
&Mail
kristin.ramos@mil.wa.gov
Phone
253-856-4342
Phone
253-512-7083
NEWS
Name
Dominic Marzano
Name
Dalton.gamboa@mil.wa.gov
Title
Division Chief
Title
Program Assistant
&Mail
dmarzano@kentwa.gov
&Mail
Dalton.gamboa@mil.wa.gov
Phone
253-856-4316
Phone
253-512-7044
ARTICLE 11. ADMINISTRATIVE, FINANCIAL, AND PROGRAMMATIC REQUIREMENTS
The Sub -grantee shall comply with all applicable state and federal laws, rules, regulations,
requirements and program guidance identified or referenced in this Agreement and the
informational documents published by FEMA applicable to the FY 2014 EMPG Program,
including, but not limited to, all criteria, restrictions and requirements of the "Department of
Homeland Security Funding Opportunity Announcement FY 2014 Emergency Management
Performance Grant" document published by FEMA, the DHS Award Announcement Letter for
Grant No. EMW-2014-00033, and the federal regulations commonly applicable to DHS/FEMA
grants, which are incorporated herein by reference.
The Sub -grantee acknowledges that since this 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 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 in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS
GRANTS:
The following requirements, which must be met prior to reimbursement, apply to all
DHS/FEMA Preparedness Grants administered by the Department.
1. REIMBURSEMENT & BUDGET REQUIREMENTS
a. This is a fixed price, reimbursement Grant Agreement. Within the total
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 Agreement.
DHS-FEMA-EMPG-FFY 14 Page 2 of 38 City of Kent OEM, E15-135
b. Any travel or subsistence reimbursement allowed under the Agreement
shall be paid in accordance with rates set pursuant to RCW 434030050
and RCW 43.03.060 as now existing or amended, but shall not exceed
federal maximum rates set forth at http://www.gsa.gov without prior
written approval by Department key personnel.
c. Receipts and/or backup documentation for any approved budget line
items that are authorized under this Agreement must be maintained by
the Sub -grantee and be made available upon request by the Department,
and local, state, or federal auditors.
d. 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@mil.wa.gov no later than the due dates listed
within the Milestone Timeline (Exhibit D), but not more frequently than
monthly.
e. Any request for extension of a due date will be treated as a request for
Amendment of the Agreement and must be submitted to the
Department's Key Personnel sufficiently in advance of the due date to
provide adequate time for Department review and consideration, and can
be granted or denied within the Department's sole discretion.
f. 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, except as
otherwise authorized by written amendment of the Agreement unless
written approval is issued from the Department as permitted by
amendment.
g. The maximum amount of all reimbursement requests permitted to be
submitted under this Agreement, including the final reimbursement
request, is limited to and shall not exceed the total Agreement Amount.
h. 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.
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".
j. Failure to timely submit complete reports and reimbursement requests as
requireA by this Agreement (including but not limited to fihose reports in
the Milestone Timeline) 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.
k. Final reimbursement requests will not be approved for payment if the
Sub -grantee is not current with all reporting requirements contained in
this Agreement.
I. Cumulative changes to budget categories in excess of 10% of the
Agreement amount will not be reimbursed without prior written
DHS-FEMA-EMP&FFY 14 Page 3 of 38 City of Kent OEM, E15-135
authorization from the Department. In no case shall the total budget
amount exceed the Agreement amount. Budget categories are as
specified or defined on the Budget Sheet Exhibit E of the Agreement.
Any changes to budget categories other than in compliance with this
paragraph will not be reimbursed.
m. The Sub -grantee is to ensure that Federal funds received under this
Agreement do not replace (supplant) funds that have been budgeted for
the same purpose through non -Federal sources. The EMPG Program
prohibits supplanting, and the Sub -grantee may be required to
demonstrate and document that a reduction in non -Federal resources
occurred for reasons other than the receipt or expected receipt of Federal
funds.
2. REPORTING REQUIREMENTS
a. The Sub -grantee shall submit with each reimbursement request a report
describing completed Work Plan activities for which reimbursement is
sought in the format provided by the Department.
b. 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 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, the Sub -grantee
will submit a final report with its final reimbursement request to the
Department detailing progress on all activities listed in the Work Plan.
c. In conjunction with the final report, the Sub -grantee shall submit a
separate report detailing how the EMPG Exercise and Training
requirements were met for all .personnel funded in any part through any
source of funding under this Agreement.
d. The Sub -grantee shall also 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.
e. The Sub -grantee shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
3. EQUIPMENT MANAGEMENT
All equipment purchased under this Agreement, by the Sub -grantee or a
contractor, will be recorded and maintained in the Sub -grantee's equipment
inventory system.
a. Allowable equipment categories for the FY 2014 EMPG Program are
listed on the web -based version of the Authorized Equipment List (AEL)
located at the DHS Lessons Learned Information Sharing Responder
Knowledge Base Home Page sponsored by FEMA at
http://www,llis,dhs.gov/knowledgebase. Reimbursement will only be
provided for purchases of the following equipment: (1) equipment
identified on the AEL as applicable to the EMPG program for which the
Sub -grantee has received written approval from the Department Key
Personnel prior to purchase and, (2) equipment not identified on the AEL
as allowable under the EMPG Program for which the Sub -grantee has
DHS-FEMA-EMPG-FFY 14 Page 4 of 38 City of Kent OEM, E15-135
received written approval from FEMA through the Department Key
Personnel prior to purchase. Sub -grantees must contact the Department
Key Personnel for assistance in seeking FEMA approval for purchase of
equipment not on the AEA. Unless expressly provided otherwise, all
equipment must meet all mandatory regulatory and/or FEMA adopted
standards to be eligible for purchase using EMPG Program funds. No
reimbursement will be provided unless the appropriate prior written
approval has been provided.
b. Upon successful completion of the terms of this Agreement, all equipment
purchased through this 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.
c. The Sub -grantee, or a recognized sub-recipient/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.
d. 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.
e. 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.
f. 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.
h.
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.
If the Sub -grantee is authorized or required to sell the property, proper
sales procedures must be established and followed to ensure the highest
possible return.
When original or replacement equipment is no longer needed for the
original project or program or for other activities currently or previously
supported by a Federal agency, disposition of the equipment will be made
as follows:
DHS-FEMA-EMPG-FFY 14 Page 5 of 38 City of Kent OEM, E15-135
i. 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.
ii. 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.
j. As a 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 Agreement.
k. The Sub -grantee must obtain and maintain all necessary certifications
and licenses for the equipment. Sub -grantees are solely responsible for
ensuring equipment eligibility.
ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Sub -grantee shall ensure full compliance with FEMA's Environmental
Planning and Historic Preservation (EHP) Program.
a. Sub -grantees proposing projects that have the potential to impact the
environment, including but not limited to construction of communication
towers, modification or renovation of existing buildings, structures and
facilities, or new construction including replacement of facilities, must
participate in the FEMA EHP review process.
b. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project
along with supporting documentation so FEMA may determine whether
the proposed project has the potential to impact environmental resources
and/or historic properties.
c. The Sub -grantee agrees that to receive any federal preparedness
funding, all EHP compliance requirements outlined in applicable guidance
must be met. The EHP review process must be completed before
funds are released to carry out the proposed project.
5. PROCUREMENT
The Sub -grantee shall comply with all procurement requirements of 44 CFR Part
13.36, Procurement and as specified in the General Terms and Conditions,
Exhibit B, A.28. 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.
6. SUB -GRANTEE MONITORING
a. 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.
b. To document compliance with OMB Circular A-133 requirements, the
Sub -grantee shall complete and return to the Department Attachment #2
"OMB Circular A-133 Audit Certification Form" with the signed Agreement
DHS-FEMA-EMPG-FFY 14 Page 6 of 38 City of Kent OEM, E15-135
and each fiscal year thereafter until the Agreement is closed, upon which
the completed form is incorporated in and made a part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. review of performance reports;
iie monitoring and documenting the completion of Agreement
deliverables;
Hie documentation of phone calls, meetings, a -mails and correspondence;
iv. review of reimbursement requests and supporting documentation to
ensure allowability and consistency with Agreement work plan, budget
and federal requirements;
ve observation and documentation of Agreement related activities, such
as exercises, training, funded events and equipment demonstrations;
vie on -site visits to review equipment records and inventories, to verify
source documentation for reimbursement frequests and performance
reports, and to verify completion of deliverables.
d. 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.
7. NIMS COMPLIANCE
a. 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.
b. 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.
c. The Sub -grantee agrees that in order to receive Federal Fiscal Year 2014
(FFY14) federal preparedness funding, to include EMPG, NIMS
compliance requirements for 2014 must be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS/FEMA, which is
provided to assist state, local and tribal governments enhance and sustain all -
hazards emergency management capabilities as authorized by Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121
et seq.) and Section 662 of the Post Katrina Emergency Management Act (6
U.S.C. § 762).
2. The Sub -grantee shall comply with all applicable federal laws, regulations and
guidance referenced in the "Department of Homeland Security Funding
Opportunity Announcement FY 2014 Emergency Management Performance
Grant" document published by FEMA, 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.
3. A portion of the FFY14 EMPG grant was identified by the state to be passed
through to local jurisdictions and tribes with emergency management programs
DHS-FEMA-EMPG-FFY 14 Page 7 of 38 City of Kent OEM, E15-135
to supplement their local/tribal operating budgets to help sustain and enhance
emergency management capabilities under WAC 118-09.
4. The Sub -grantee shall use the EMPG funds authorized under this Agreement
only to perform tasks as described in the Work Plan of the Sub -grantee's
application for funding, as approved by the Department and incorporated into this
Agreement. Funding may not be used to replace or supplant existing local or
tribal government funding of emergency management programs.
5. The Sub -grantee shall provide a fifty percent match of $93,626 of non-federal
origin. To meet matching requirements, the Sub -grantee cash matching
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.
6. Exercises that are implemented with EMPG Program funds under this Agreement
must meet the requirements of the FFY14 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 2351 IS 240, IS 241, IS 242,
and IS 244.
C. DHS 1=1=Y14 EMPG TERMS AND CONDITIONS
As a recipient of EMPG Program funding, the Sub -grantee shall comply with all
applicable DHS terms and conditions of the FFY14 EMPG Award Letter documents for
DHS Grant No. EMW-2014-EP-00033, which are incorporated herein by reference,
including but not limited to the following:
1. Administrative Requirements — The administrative requirements that apply to
DHS award recipients originate from two sources:
a. Office of Management and Budget (OMB) Circular A-102, Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments (also known as the "A-102 Common
Rule"). These A-102 requirements are also located within DHS
regulations at Title 44, Code of Federal Regulations (CFR) Part 13.
b. OMB Circular A410, Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and
Other Non- Profit Organizations, relocated to 2 CFR Part 215.
2. Cost Principles — The cost principles that apply to DHS award recipients originate
from one of the following sources:
a. OMB Circular A-21, Cost Principles for Educational Institutions, relocated
to 2 CFR Part 220.
b. OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments, relocated to 2 CFR Part 225.
c. OMB Circular A-122, Cost Principles for Non -Profit Organizations,
relocated to 2 CFR Part 230.
3. Audit Requirements — The audit requirements for State, Local and Tribal
recipients of DHS awards originate from OMB Circular A-133, Audits of States,
Local Governments and Non -Profit Organizations.
4. Acknowledgement of Federal Funding from DHS -- The Sub -grantee must
acknowledge its use of Federal funding when issuing statements, press releases,
DHS-FEMA-EMPG-FFY 14 Page 8 of 38 City of Kent OEM, E15-135
requests for proposals, bid invitations, and other documents describing projects
or programs funded in whole or in part with Federal funds.
5. Activities Conducted Abroad -- The Sub -grantee must ensure that 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.
6. Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) —The Sub -grantee
must comply with the Act, which prohibits discrimination on the basis of age in
any program or activity receiving Federal financial assistance.
7. Americans with Disabilities Act of 1990 (42 U.S.C. §§ 1210142213) — The Sub -
grantee must comply with the requirements of Titles I, 11, and III of the Act, which
prohibits recipients from discriminating on the basis of disability in the operation
of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities.
8. Best Practices for Collection and Use of Personally Identifiable Information (Pll) If a Sub -grantee collects PII, it is required to have a publically-available privacy
policy that describes what PII they collect, how they use the PII, whether they
share PII with third parties, and how individuals may have their PII corrected
where appropriate. The DHS Privacy Impact Assessments is available as a
resource on this requirement at:
http://www,dhs.gov/xlibrary/assets/privacy/privacy—pia_guidancejune20l O. pdf
and http://www.dhs.gov/xlibrary/assets/privacy/privacy—pia—template.pdfl
respectively.
9. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), codified at 6
CFR Part 21 and 44 CFR Part 7 — The Sub -grantee must comply with the
requirements of the Act, which provides that no person in the United States will,
on the grounds of race, color, or national origin, .be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
10. Civil Rights Act of 1968 — The Sub -grantee must comply with the Act, 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 (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing
and Urban Development at 24 CFR Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or
more dwelling units —Le., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground -floor units in
buildings without elevators) —be designed and constructed with certain
accessible features (see 24 CFR § 100.201).
11. Copyright —The Sub -grantee must affix the applicable copyright notices of 17
U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship
(including award number) to any work first produced under Federal financial
assistance awards, unless the work includes any information that is otherwise
controlled by the Government (e.g., classified information or other information
subject to national security or export control laws or regulations).
12. Debarment and Suspension —The Sub -grantee must comply with Executive
Orders 12549 and 12689, which provide protection against waste, fraud and
abuse by debarring or suspending those persons deemed irresponsible in their
dealings with the Federal government.
DHS-FEMA-EMPG-FFY 14 Page 9 of 38 City of Kent OEM, E15-135
13. Drug -Free Workplace Regulations — The Sub -grantee must comply with the
Drug -Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that
all organizations receiving grants from any Federal agency agree to maintain a
drug -free workplace. These regulations are codified at 2 CFR 3001.
14. Duplication of Benefits — The Sub -grantee must comply with 2 CFR Part 225,
Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a
particular Federal award or cost objective under the principles provided for in this
authority may not be charged to other Federal awards to overcome fund
deficiencies.
15. False Claims Act and Program Fraud Civil Remedies — The Sub -grantee must
comply with the requirements of 31 U.S.C. § 3729 which set forth that no
recipient of federal payments shall submit a false claim for payment. See also 38
U.S.C. § 3801-3812 which details the administrative remedies for false claims
and statements made.
16. Federal Debt Status — The Sub -grantee is required to be non -delinquent in their
repayment of any Federal debt. Examples of relevant debt include delinquent
payroll and other taxes, audit disallowances, and benefit overpayments. See
OMB Circular A-129 and form SF-424B, item number 17 for additional
information and guidance.
17. Fly America Act of 1974 —The Sub -grantee must comply with Preference for
U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102)
for international air transportation of people and property to the extent that such
service is available, in accordance with the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative
guidelines issued by the Comptroller General of the United States in the March
31, 1981, amendment to Comptroller General Decision B138942.
18. Hotel and Motel Fire Safety Act of 1990 — In accordance with Section 6 of the Act
(15 U.S.C. § 2225(a)), the Sub -grantee must ensure 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 and Control Act of 1974, 15 U.S.C. § 2225.
19. Limited English Proficiency (Civil Rights Act of 1964, Title VI) — The Sub -
grantee must comply with the Act's prohibition against discrimination on the
basis of national origin, which requires that recipients of federal financial
assistance take reasonable steps to provide meaningful access to persons
with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing
language assistance services, including oral interpretation and written
translation. In order to facilitate compliance with Title VI, recipients are
encouraged to consider the need . for language services for LEP persons
served or encountered in developing program budgets. Executive Order
13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance
to recipients, assisting such organizations and entities in understanding their
language access obligations. DHS published the required recipient guidance
in April 2011, DHS Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a
recipient can determine the extent of its obligation to provide language
services; selecting language services; and elements of an effective plan on
language assistance for LEP persons. For additional assistance and
information regarding language access obligations, please refer to the DHS
DHS-FEMA-EMP&FFY 14 Page 10 of 38 City of Kent OEM, E15A35
Recipient Guidance http://www.dhs.gov/guidance-published-help-department-
supported-organizations-provide-meaningful-access-people-limited and additional
resources on http://www.lep.gov.
20. Lobbying Prohibitions —The Sub -grantee must comply with 31 U.S.C. § 1352,
which provides that none of the funds provided under an award may be
expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal.
21. Non -supplanting Requirement —The Sub -grantee must ensure that Federal
funds do not replace (supplant) funds that have been budgeted for the same
purpose through non -Federal sources. Where federal statues for a particular
program prohibits supplanting, applicants or recipients may be required to
demonstrate and document that a reduction in non -Federal resources occurred
for reasons other than the receipt or expected receipt of Federal funds.
22. SAFECOM — If the Sub -grantee is awarded funds to provide emergency
communication equipment and related activities, the Sub -grantee must
comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications
(http://www. safecomprogram.gov/ecg/2014.safecom_g uidance_final. pdf).
23. Title IX of the Education Amendments of 1975 (Equal Opportunity in Education
Act) —The Sub -grantee must comply with the requirements of Title IX of the
Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that
no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any educational program or activity receiving Federal financial
assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part
19.
24. Trafficking Victims Protection Act of 2000 —The Sub -grantee must comply with
the requirements of the government -wide award term which implements Section
106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance
with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218,
November 13, 2007.
In accordance with the statutory requirement, the Agreement shall be terminated,
without penalty, if the Sub -grantee:
a. Engages in severe forms of trafficking in persons during the period of time
that the award is in effect;
b. Procures a commercial sex act during the period of time that the award is
in effect; or
c. Uses forced labor in the performance of the award or subawards under
the award.
25. Rehabilitation Act of 1973 —The Sub -grantee must comply with the requirements
of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended,
which provides that no otherwise qualified handicapped individual in the United
States will, solely by reason of the handicap, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance. These requirements pertain to the
provision of benefits or services as well as to employment.
DHS-FEMA-EMPG-FFY 14
Page 11 of 38
City of Kent OEM, E15-135
26. USA Patriot Act of 2001 — The Sub -grantee must comply with the requirements
of the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which
amends 18 U.S.C. §§ 175-175c. Among other things, the USA PATRIOT Act
prescribes criminal penalties for possession of any biological agent, toxin, or
delivery system of a type or in a quantity that is not reasonably justified by a
prophylactic, protective, bona fide research, or other peaceful purpose.
27. Use of DHS Seal, Logo, and Flags —The Sub -grantee must obtain DHS's
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.
28. DHS Specific Acknowledgements and Assurances — The Sub -grantee
acknowledges and agrees, and will require any sub -recipients, contractors,
successors, transferees, and assignees to acknowledge and agree to comply
with applicable provisions governing DHS access to records, accounts,
documents, information, facilities, and staff:
a. Cooperate with any compliance review or complaint investigation
conducted by DHS.
b. Give DHS access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the
grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and
other applicable laws or program guidance
c. Submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate back-up documentation to support the
reports.
d. Comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed program guidance.
e. 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,
provide a list of all such proceedings, pending or completed, including
outcome and copies of settlement agreements to the DHS awarding office
and the DHS Office of Civil Rights and Civil Liberties.
f. 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.
DNS-FEMA-EMPG-FFY 14 Page 12 of 38 City of Kent OEM, E15-135
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
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 $600,000 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 (GALAS) as found in the Government Auditing Standards (the Revised
Yellow Book) developed by the Comptroller General and the OMB Compliance
DHS-FEMA-EMPG-FFY 14 Page 13 of 38 City of Kent OEM, E15-135
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 excepfiions 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 H. 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.
DHS-FEMA-EMPG-FFY 14 Page 14 of 38 City of Kent OEM, E15-135
V3 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 SEQ. 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.g. 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://www.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://www.Ini.wa.gov/TradesLicensing/PrevWage/Awarding
Agencies/DebarredContractorsThe SUB -GRANTEE also agrees not to enter into any
agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' Debarred Vendor List
(httD://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-
Debarment.aspx).
DHS-FEMA-EMPG-FFY 14 Page 15 of 38 City of Kent OEM, E15-135
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,
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
43.21 C), 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.
DHS-FEMA-EMPG-FFY 14 Page 16 of 38 City of Kent OEM, E15-135
Al 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.
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
DHS-FEMA-EMPG-FFY 14 Page 17 of 38 City of Kent OEM, E15-135
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.
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 alf causes of
action arising from the ownership and operation of the project:
DHS-FEMA-EMPG-FFY 14 Page 18 of 38 City of Kent OEM, E15-135
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.
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
a. 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.
DHS-FEMA-EMPG-FFY 14 Page 19 of 38 City of Kent OEM, E15-135
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.
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 all claims or suits 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)0
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
DHS-FEMA-EMPG-FFY 14 Page 20 of 38 City of Kent OEM, E15-135
60). (All construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub -grantees).
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 wifih 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 documentsand 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.
A.29 SUB -GRANTEE NOT EMPLOYEE
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
DHS-FEMA-EMPG-FFY 14
Page 21 of 38
City of Kent OEM, El 5-
t
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
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.
V31 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 14
Page 22 of 38
City of Kent OEM, E15-135
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 14 Page 23 of 38 City of Kent OEM, E15-135
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.
This Grant Agreement shall be construed and enforced in accordance with, and the
validity 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 14 Page 24 of 38 City of Kent OEM, E15-135
Exhibit C
Management Organization: City of Kent —Office of Emergency Management
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. The Work Plan delineates the EMO's emergency management program planning
and priority focus for this grant cycle (to include 14EMPG grant and local funds).
Program- .Education Go unity I raining
NINE
see
Emergency Management Functions Crisis Communications,• • • and Information
Sustainment or
# Activity Enhancement
�s 'CEi
Community Emergency Response Team (CERT) sustainment
Teach two iterations of the full 8 week long FEIVIA CERT course using the
approved Accommodate • - • - general citizenry
Descriptio Kent and Fire District 37, the business community in the greater Kent area,
7 and employees from the City of Kent, City of Covington, Kent Fire
Department, and Kent/Covington Schools
Description: Conduct public disaster / emergency preparedness education programs for
the citizens, schools, and businesses in the community.
CERT Continuing Education
Description
and refresh skills, and to enhance ability to respond in the community.
Program Area #2 Kent Communication Support Team (KCST)
KCST's primary role is providing communications for the ECC and staffing RFA station emergency
communications, and meets and trains regularly to maintain a roster of competent communications
volunteers. KCST conducts weekly drills and periodic regional/statewide exercises such as field day, the
great shakeout and on 5th Saturdays. The emphasis in on filling communications gaps identified in the
communication plan. Gaps were related to sufficient trained staff, a mobile communications cache, and
communications interoperability with dispatching agencies and neighboring jurisdictions.
Emergency Management Function: Crisis Communications, Public Education and Information
DHS-FEMA-EMPG-FFY 14 Page 25 of 38 City of Kent OEM, E15-135
or
Field# Activity Enhancement
Day
r „-sustainment
KCST participates in the annual "Field Day" nation�wide exercise which
emphasizes emergency communications. This two�day exercise is
conducted in the field and relies on emergency power, and provides a
Desciription.
center kits, as well as coordination with local
Saturday Drill enhancement
SaturdayKent Communications Support Team (KCST) to holds a drill on each 5th
1 1 addition to taking part in the emergency•
de
V signed by the state EIVID, KCST conducts its own exercise to achieve
Descriptio local objectives, - drill includes• • with King County,-• •
EOC, and with the state EIVID in a variety of redundant communications,
such as phone, .• • and
Weekly NETS Regular meetin• -sustainmentWeekly nets are radio�based "meetings" requiring members to use radio
equipment to check4, pass formal or informal messages, and verify the
proper operation of their equipment, The "net control" role is rotated through
Description: th- membership to give each practice in this importantaddition,
KCST team meets monthly to conduct business and offer short training
sessions on technical and preparedness topics.
Developing mobile communications capabilityenhancement
The KCST continues to enhance its mobile/portable communications
capability by re�activating a portable "disaster communications center" for
the City. In addition, some older equipment is being re�purposed to serve as
Description: - part of ,• • cache to be distributed as needed in an emergency
situation, Along with the positioning of equipment, procedures and trainings
are in development to make more volunteers competent in system use.
Participate in development of regional communication plan enhancemen
Team members participate in the development of a regional communications
plan by documenting equipment, procedures, and systems currently used in
Description: the Kent ECC, Based on •- -• capabilities and gaps,- • - •, •
are made to resolve the problems and implement best practices.
.`ta;..s..a `x.,.k<..rw-.`.5....,..".,;=et..u-..sw.:.-ia.:�ei':.'e:.k:.,...,..c
Program Area #3 Communit Events
To discuss with the community the importance of disaster preparedness and make them aware of the
disasters / threats in our community. Also to teach our younger community the importance of preparedness
through activities geared towards kids of all ages.
Emergency Management Function: l Crisis Communications, Public Education and Information
DHS-FEMA-EMPG-FFY 14 Page 46 of 38 City of Kent OEM, E15-135
----------------------------
■ enhancement
Description Purchasing of two approved cargo vans.
Equip sustainment
Equip vans with the necessary equipment such as radios, antennas,
Description:
11� I computers, etc., to achieve operational objectives
Program Area Continue to support the growth of regional hazmat response and facility coordination through trainings and
Emergencydrills. Coordinate and conduct analysis of crude oil movement through the valley and its impacts. Continue
database support for Tier 11 sites/integrate into response access. Ensure EPCRA mandates are met.
Hazard Identification, Risk Assessment, and Consequence
• on
Analysis
Sustainment or
# Activity_ En ancement
'# a ' . c-•' h f, s> "`3.-a g xTM µ, f v.� yy-`� :..- "` ?.ut+ x. +. aa=, a r r uy :? �„ .r+
TM'40 -.�.. ,C�taLa.., xa tu.. av_..L�:a.�rE .m'.�f s . , ... .,.,#a4<t u.ur ss�e.�. ..,tau. F. 3;�. .��'-3n� "---------- ------�a'�.a� s�'€�ri°..r.,_.ffi.r „�._,*�.
Drills Exercises sustainment
Coordinate with Zone 3 hazmat teams to conduct drills and exercises in
existing facilities or through simulation to test plans, personnel, and
Description
equipment capabilities.• • coordinate with Zonei Zone
Localteams regarding collaboration of functionality.
Hazm.at Mitigation Emergency Response Plan (HMERP) sustainment
Description Update the Kent HMERP to include recent changes and data inputs
-1 regarding Tier 11 sites, response areas, and overall mission guidance.
Regional MeetingsRepresent the LEPC on the King County Emergency Management Advisorysustainment
relatedCommittee at the monthly meetings. Participate with the King County LEPC.
Description Conduct Kent LEPC meetings as needed and support website accuracy on
current events to hazardous
Database .•- 'Isustainment
DescriptionExpand the Tier 11 database created by Kent LEPC for use by external
�
partners such as King County and Zone 3 hazmat partners and affiliates.
DHS-FEMA-EMPG-FFY 14 Page 32 of 38 City of Kent OEM, E15-135
Exhibit D
FFY14 Emergency Management Performance Grant Program
MILESTONE
TASK
June 1, 2014
Start of Grant Agreement performance period.
January 31, 2015
Submit reimbursement request
June 30, 2015
Submit reimbursement request
August 31, 2015
End of grant performance period.
October 15, 2015
Submit final reimbursement request, additional reports, and/or
deliverables.
DHS-FEMA-EMPG-FFY 14 Page 33 of 38 City of Kent OEM, E15-135
Exhibit E
Budget Sheet
FFY14 Emergency Management Performance Grant Program
soLunoN
AREA BUDGET CATEGORY
AMOUNT
►f�1eTc77�i ii l�l�
0
Z
Goods & Services
$
1,250
Planning, printing, software, COOP and LEPC
planning materials
SIndirect
$
-
o.
Subtotal
$
1,250
Consultants/Contractors
$
19,175
For ECC upgrades
O
Goods & Services
$
11300
EM Office Supplies, materials, instructional
support for day to day operations, IT, copier
usage, phones and uniforms
Indirect
$
-
Subtotal
$
20,475
o-
C1
Equipment
$.
641000
Tools / Equipment- 2 vehicle purchases for Kent
OEM and Kent Communication Support Team
(KCST), Tools / Equipment- for OEM, ECC, DOC's
Indirect
$
-
Subtotal
$
64,000
Goods & Services
$
11000
Supplies, Materials, Instructional Support for
OEM trainings
O
Z
Z
Travel/Per Diem
$
61000
Travel/Conferences/Registration/Per
Diem/Training. Examples are WSEMA, EMI,
IAEM, PIEP, LEPC.
F-
Indirect
$
-
Subtotal
$
7,000
W
N
u
Goods &Services
$
800
Supplies, Materials, Instructional Supportfor
OEM exercises
xIndirect
$
-
W
Subtotal
$
800
TOTAL Grant Agreement Contract
AMOUNT.
$
93,525
® City of Kent -Office of Emergency Management (OEM) will provide a match of $93,525, 50% of the total project cosfi
(local/tribal:budget plus EMPG award), of non-federal origin.
® 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.
The Department's Reimbursement Spreadsheet must accompany each reimbursement request submitted.
9 The Sub -grantee agrees to make all records available to Department staff, upon request.
Funding Source: U.S. Department of Homeland Security - PI# 743PT —EMPG
DHS-FEMA-EMPG-FFY 14 Page 34 of 38 City of Kent OEM, E15-135
ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
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
$251000, 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. Asa 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,
hftp://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.
DHS-FEMA-EMPG-FFY 14 Page 35 of 38 City of Kent OEM, E15-135
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:
1. 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.
F. 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 14 Page 36 of 38 City of Kent OEM, E15-135
WORKSHEET
Subrecipient Agency:
Grant and Year: Agreement Number:
Completed by:
Name Title Telephone
Date Completed:
YES
Is your grant agreement less than $25,000?
In your preceding fiscal year, did your YES
organization receive 80% or more of its annual
gross revenues from federal funding? 4
In your preceding fiscal year, did your YES
organization receive $25,000,000 or more in
federal funding?
Does the public have access to information about YES
the total compensation* of senior executives in
your organization? r
STOP, no further analysis
needed, GO to Step 6
GO to STEP 3
GO to STEP 4
STOP, no further analysis
needed, GO to step 6
NO
�- GO to Step 2
NO STOP, no further
t analysis needed, GO
to Step 6
NO STOP, no further
f analysis needed, GO
to Step 6
NO
�- GO to STEP 5
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:
o 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:
hftp://www.whitehouse.gov/omb/open
httt :www.hrsa.gov/grants/ffata.htmI
htto://www. ar)o. aov/fdsys/r)ka/FR-2010-09-14/r)df/2010-22705. odf
http://www.grants.gov/
DHS-FEMA-EMPG-FFY 14 Page 37 of 38 City of Kent OEM, E15-135
ATTACHMENT #2
Audits of States, Local Governments, and Non -Profit Organizations
Purpose: As apass-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 AA33 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 subrecipient subject to such monitoring by
MIL/EMD because it is a non-federal entity that expends federal grant funds received from MIL/EMD as a pass -through entity to carry
out a federal. program. OMB Circular A-133 can be found at http://www.whitehouse.gov/sites/default/files/omb/assets/a133/
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 Circular A-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.
❑ We completed our last A-133 Audit on [enter datel for Fiscal Year ending [enter date] .There were no
findings 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 provided electronically to contracts.office(a�mil.wa.aov or provide the state auditor report
number:
❑ We completed our last A-133 Audit on [enter datel 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 provided electronically to contracts.office0mil.wa.gov or provide the state auditor report
number: .
❑ Our completed A-133 Audit will be available on [enter date] for Fiscal Year ending tenter date].
We will provide electronic copy of the audit report to contracts.office@mil.wa.gov at that time or provide the state
auditor report number:
I hereby certify that 1 am an individual authorized by the above identified entity to complete this form. Further, I certify that
the above information is true and correct and all relevant material findings contained in audit report/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 Chief Financial Officer:
Print Name &Title:
Date:
WMD Form 1009-13, 8/19/2013
DHS-FEMA-EMPG-FFY 14 Page 38 of 38 City of Kent OEM, E15-135
-;
� �., � �. � ,; �. �� ' � ;�, ', F
7 �I
\\NAC-1.\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the persons) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The persons) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
OIViB Circular A=133 Audit Certification Form
Audits of States, Local Goveriunetits, aid Non -Profit Orgauizations
Purpose: As apass-through agency of federal grant funds, the Washington Milit<vy Department/Lmergency Management Ditrision (WNID/I;MD). is
required by Office of Management and Budget (OMB) Circular A433 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 A433 Audit Requirements. Your entity is a subrecipient subject to such monitoring by MIUEMD because it is a non-federal entity that
expends federal grarht funds received from MIL/I MD as a pass -through entity to carryout a federal program. OMB Circular A433 can be found at
httn://1r7rqr.rrlvtellouse.Roy /sites/yeliuldfiles/amb/assets/.z133/,z133 revised 2007P and it should be consulted when completing this form.
Directions: As required by OMB Circular A433, 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 entityis required to complete air A433 Audit, you must complete Section B of this form. When completed, you must sign, date, and return
this form nrith 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, irithholding of federal awards or disallowance of costs, and
suspension or tenninaton of federal awards.
Our entity is not subjecC to the requirements of OMB Circular A-133 because (checlt all that apply):
❑ We did not expend $500,000 or more of toGV 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 program(s) 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 VVNMIEMD may request and be provided access to additional information and/or documentation to ensure proper
stewardship of federal funds.
❑ We completed our last A-133 AudiC on (enter date) for Fiscal Year endung [enter date]___. There were no findings
related to feder<t awards from �i�iVID/EMD. No follow-up action is required by WMD/1;1VID as the pass -through entry.
A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either
provided elechronicaIly to contracts.office@milwa.gov or provide the state auditor report number:_ _�__
❑ We completed our last A433 Audit on [enter date]_.. for Fiscal Year ending [enter date]__. There were findings related
to federal awards.
❑ 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:
http://www.
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the above
information is true and correct and all relevant material findings contained in audit report/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 NIM MD
until the grant agreement contract is closed.
Signature of Authorized Chief Financial Officer: Date:
Print Name &Title:
WMD Form 1009-13, 8/19/2013
This page intentionally left blank.
Agenda Item: Consent Calendar – 7E
TO: City Council
DATE: November 18, 2014
SUBJECT: Ordinance Amending Kent City Code 9.02, Criminal Code - Adopt
SUMMARY: Before infractions or misdemeanor crimes established by the state
Legislature in the Revised Code of Washington (“RCW”) may be applied and enforced
within the City of Kent, they must be adopted by the City Council and incorporated
into the Kent City Code. While the City Council has previously adopted KCC
9.02.020.A and KCC 9.02.020.B to provide that all RCW misdemeanor, gross
misdemeanor, and Class C felony crimes are adopted by reference for application and
enforcement in Kent, Chapter 9.02 of the Kent City Code also specifically lists those
adopted RCWs. While Class C felony crimes cannot be filed and prosecuted within the
Kent Municipal Court, they are adopted into the Kent City Code so that they may be
used as a basis to support the crime of criminal attempt or criminal conspiracy, which
is punishable as a gross misdemeanor.
In its 2014 session, the state Legislature enacted a new crime of coercion of
involuntary servitude, a new civil infraction related to illegal sales of products
containing the drug dextromethorphan to individuals under 18 years of age, and new
crimes related to aquatic animal specifies classified by the state Fish and Wildlife
Commission as prohibited or regulated. These specific laws are explained in more
detail in the proposed ordinance. Because these laws establish new crimes, it is
appropriate to amend the Kent City Code to incorporate them locally. Additionally, in
preparing this ordinance, staff compared Ch. 9.02 KCC with the RCW to update
previous changes that have been made over time to the RCW titles, and to add Class
C felony crimes that were not specifically listed in the Kent City Code.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Safety Committee
YEA: Berrios – Ralph - Thomas NAY:
BUDGET IMPACT: None
MOTION: Adopt Ordinance No. amending Chapter 9.02 of the Kent
City Code, entitled “Criminal Code,” to adopt by reference infractions and
misdemeanor crimes established within the Revised Code of Washington by
the State Legislature during its 2014 session for application and
enforcement in the City of Kent, to make other housekeeping amendments,
and to adopt Class C felony crimes that may be used as a basis to support
the crime of criminal attempt or criminal conspiracy.
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02
of the Kent City Code, entitled “Criminal Code,” to
adopt by reference new infractions and
misdemeanor crimes enacted by the state
Legislature during its 2014 regular session for
application and enforcement in the City of Kent, to
adopt additional laws related to unlawful fishing
and harvesting, and to make other housekeeping
amendments to the criminal code to revise
references made to the Revised Code of
Washington and to adopt Class C felony crimes
that may be used as a basis to support the crime
of criminal attempt or criminal conspiracy, which is
punishable as a gross misdemeanor.
RECITALS
A. During its 2014 legislative session, the Washington State
Legislature adopted three bills that added new criminal provisions to the
Revised Code of Washington (“RCW”). The Kent City Code has adopted by
reference a number of state law provisions for application and enforcement
in the City of Kent. Once a state law is adopted by reference into the Kent
City Code that reference is sufficient for subsequent amendments the
Legislature may make to that state law provision. However, because the
Legislature adopted legislation that created new crimes that did not
1
Amend Criminal Code to Adopt Additional
Provisions of the Revised Code of Washington
and to Make Housekeeping Amendments
previously exist, it is necessary to amend the Kent City Code to similarly
adopt these new state law provisions by reference for application and
enforcement in Kent.
B. One new crime created by the state Legislature is that of
Coercion of Involuntary Servitude, which is codified at RCW 9A.40.110.
This crime occurs when a person forces the victim to perform labor or
services that the victim has a legal right not to perform, through threats
related to the victim’s immigration status. This crime does not include a
report to law enforcement that a person is present in the United States in
violation of his or her federal immigration status if coercion of the victim is
not involved. While the crime of coercion of involuntary servitude is a
class C felony, it is necessary for the City of Kent to adopt this state law
provision so it may be available for use with criminal attempt or criminal
conspiracy charges, which would be punishable as a gross misdemeanor.
C. The state Legislature enacted RCW 69.75.020, which provides
it is illegal for an employee of a commercial entity to sell or trade products
containing the drug dextromethorphan to a person less than 18 years of
age. It is also illegal for a person less than 18 years of age to buy a
product containing dextromethorphan unless that person has a valid
prescription, is an active member of the military and presents valid military
identification, or is emancipated and provides proof of emancipation. A
written warning is provided for the first offense. A second offense is
punishable as a class 1 civil infraction, which has a base fine of $250, to
which statutory costs and assessments are added.
D. The state Legislature also enacted new laws that relate to
aquatic animal species classified by the state Fish and Wildlife Commission
(“Fish and Wildlife”) as prohibited or regulated. If an aquatic species has
2
Amend Criminal Code to Adopt Additional
Provisions of the Revised Code of Washington
and to Make Housekeeping Amendments
been classified as invasive or regulated, RCW 77.15.809 provides it is
unlawful to engage in conduct contrary to the provisions enacted to protect
against the invasive species, including mandatory check stations,
inspections, decontamination, possession without authorization, and
introduction of the species into a water body or upon property. It is a
gross misdemeanor to violate RCW 77.15.809. A subsequent violation
within five years of conviction is punishable as a class C felony under RCW
77.15.811(1)(b). It is also unlawful to traffic a species classified as a
Prohibited Level 1 or Level 2 species without authorization from the state
Department of Fish and Wildlife. Similarly, violation of that provision is a
class C felony under RCW 77.15.811(1)(a). In addition to the criminal
penalty that may be assessed, the court may also order the offender to
pay all costs in managing the invasive species, including its progeny, and
the Department of Fish and Wildlife may file a civil lawsuit to recover
habitat restoration costs necessitated by the person’s unlawful use of
invasive species. In adopting these fish and wildlife provisions for
application and enforcement in the City of Kent, additional statutory
provisions are also incorporated and adopted, including the penalties that
apply to fishing or harvesting fish, shellfish, or seaweed without the
required license or catch record card, as applicable.
E. Finally, this ordinance makes other housekeeping revisions to
revise references made to the adopted sections of the Revised Code of
Washington and to adopt crimes defined as a Class C felony that may be
used as a basis to support the crime of criminal attempt or criminal
conspiracy, which is punishable as a gross misdemeanor.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
3
Amend Criminal Code to Adopt Additional
Provisions of the Revised Code of Washington
and to Make Housekeeping Amendments
ORDINANCE
SECTION 1. – Amendment – KCC 9.02.070. Section 9.02.070 of
the Kent City Code, captioned “RCW Title 9A, entitled “Washington
Criminal Code,” is amended as follows:
Sec. 9.02.070 RCW Title 9A, entitled “Washington Criminal
Code” – Adoption by reference. The following RCW sections, as
currently enacted or as hereafter amended or recodified from time to time,
are hereby adopted by reference and shall be given the same force and
effect as if set forth herein in full:
RCW
9A.04.020 Purposes – Principles of construction.
9A.04.030 State criminal jurisdiction.
9A.04.050 People capable of committing crimes – Capability of children.
9A.04.060 Common law to supplement statute.
9A.04.070 Who amenable to criminal statutes.
9A.04.080 Limitation of actions.
9A.04.090 Application of general provisions of the code.
9A.04.100 Proof beyond a reasonable doubt.
9A.04.110 Definitions.
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another – Complicity.
9A.08.030 Corporate and personal liability.
9A.12.010 Insanity.
9A.16.010 Definitions.
9A.16.020 Use of force – When lawful.
9A.16.060 Duress.
9A.16.070 Entrapment.
9A.16.080 Action for being detained on mercantile establishment
premises for investigation – “Reasonable grounds” as
defense.
9A.16.090 Intoxication.
9A.16.100 Use of force on children – Policy – Actions presumed
unreasonable.
4
Amend Criminal Code to Adopt Additional
Provisions of the Revised Code of Washington
and to Make Housekeeping Amendments
9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
9A.36.031 Assault in the third degree.
9A.36.041 Assault in the fourth degree.
9A.36.050 Reckless endangerment.
9A.36.060 Promoting a suicide attempt.
9A.36.070 Coercion.
9A.36.080 Malicious harassment – Definition and criminal penalty.
9A.36.100 Custodial assault.
9A.36.140 Assault of a child in the third degree.
9A.36.150 Interfering with the reporting of domestic violence.
9A.36.160 Failing to summon assistance.
9A.36.161 Failing to summon assistance – Penalty.
9A.40.010 Definitions.
9A.40.040 Unlawful imprisonment.
9A.40.060 Custodial interference in the first degree.
9A.40.070 Custodial interference in the second degree.
9A.40.080 Custodial interference – Assessment of costs – Defense –
Consent defense, restricted.
9A.40.090 Luring.
9A.40.110 Coercion of involuntary servitude.
9A.42.010 Definitions.
9A.42.030 Criminal mistreatment in the second degree.
9A.42.035 Criminal mistreatment in the third degree.
9A.42.037 Criminal mistreatment in the fourth degree.
9A.42.040 Withdrawal of life support systems.
9A.42.045 Palliative care.
9A.42.050 Defense of financial inability.
9A.42.070 Abandonment of a dependent person in the second degree –
Exception.
9A.42.080 Abandonment of a dependent person in the third degree -
Exception.
9A.42.090 Abandonment of a dependent person – Defense.
9A.42.110 Leaving a child in the care of a sex offender.
9A.44.010 Definitions.
9A.44.060 Rape in the third degree.
9A.44.079 Rape of a child in the third degree.
5
Amend Criminal Code to Adopt Additional
Provisions of the Revised Code of Washington
and to Make Housekeeping Amendments
9A.44.089 Child molestation in the third degree.
9A.44.093 Sexual misconduct with a minor in the first degree.
9A.44.096 Sexual misconduct with a minor in the second degree.
9A.44.105 Sexually violating human remains.
9A.44.130 Registration of sex offenders and kidnapping offenders –
Procedures – Definition – Penalties.
9A.44.132 Failure to register as sex offender or kidnapping offender.
9A.46.010 Legislative finding.
9A.46.020 Definition – Penalties.
9A.46.030 Place where committed.
9A.46.040 Court-ordered requirements upon person charged with crime
– Violation.
9A.46.050 Arraignment – No contact order.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact – Violation.
9A.46.090 Nonliability of peace officer.
9A.46.100 “Convicted,” time when.
9A.46.110 Stalking.
9A.46.120 Criminal gang intimidation.
9A.48.010 Definitions.
9A.48.040 Reckless burning in the first degree.
9A.48.050 Reckless burning in the second degree.
9A.48.060 Reckless burning – Defense.
9A.48.080 Malicious mischief in the second degree.
9A.48.090 Malicious mischief in the third degree.
9A.48.100 Malicious mischief – “Physical damage” defined.
9A.48.105 Criminal street gang tagging and graffiti.
9A.48.110 Defacing a state monument.
9A.49.001 Findings.
9A.49.010 Definitions.
9A.48.020 Unlawful discharge of a laser in the first degree.
9A.49.030 Unlawful discharge of a laser in the second degree.
9A.49.040 Civil infraction, when.
9A.49.050 Exclusions.
9A.50.010 Definitions.
9A.50.020 Interference with health care facility.
9A.50.030 Penalty.
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9A.52.010 Definitions.
9A.52.050 Other crime in committing burglary punishable.
9A.52.060 Making or having burglar tools.
9A.52.070 Criminal trespass in the first degree.
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass – Defenses.
9A.52.095 Vehicle prowling in the first degree.
9A.52.100 Vehicle prowling in the second degree.
9A.52.110 Computer trespass in the first degree.
9A.52.120 Computer trespass in the second degree.
9A.52.130 Computer trespass – Commission of other crime.
9A.56.010 Definitions.
9A.56.020 Theft – Definition, defense.
9A.56.040 Theft in the second degree.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.063 Making or possessing motor vehicle theft tools.
9A.56.075 Taking motor vehicle without permission in the second
degree.
9A.56.083 Theft of livestock in the second degree.
9A.56.096 Theft of rental, leased, or lease-purchased, or loaned
property.
9A.56.130 Extortion in the second degree.
9A.56.140 Possessing stolen property – Definition – Presumption.
9A.56.160 Possessing stolen property in the second degree – Other than
firearm or motor vehicle.
9A.56.170 Possessing property in the third degree.
9A.56.180 Obscuring the identity of a machine.
9A.56.220 Theft of subscription television services.
9A.56.230 Unlawful sale of subscription television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.262 Theft of telecommunication services.
9A.56.264 Unlawful manufacture of telecommunication device.
9A.56.266 Unlawful sale of telecommunication device.
9A.56.270 Shopping cart theft.
9A.60.010 Definitions.
9A.60.020 Forgery.
9A.60.030 Obtaining a signature by deception or duress.
9A.60.040 Criminal impersonation in the first degree.
9A.60.045 Criminal impersonation in the second degree.
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9A.60.050 False certification.
9A.60.060 Fraudulent creation or revocation of a mental health advance
directive.
9A.60.070 False academic credentials – Unlawful issuance or use –
Definitions – Penalties.
9A.61.010 Definitions.
9A.61.020 Defrauding a public utility.
9A.61.040 Defauding a public utility in the second degree.
9A.61.050 Defrauding a public utility in the third degree.
9A.61.060 Restitution and costs.
9A.72.010 Definitions.
9A.72.030 Perjury in the second degree.
9A.72.040 False swearing.
9A.72.050 Perjury and false swearing – Inconsistent statements –
Degree of crime.
9A.72.060 Perjury and false swearing – Retraction.
9A.72.070 Perjury and false swearing – Irregularities no defense.
9A.72.080 Statement of what one does not know to be true.
9A.72.085 Unsworn statements, certification – Standards for subscribing
to an unsworn statement.
9A.72.120 Tampering with a witness.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
9A.76.010 Definitions.
9A.76.023 Disarming a law enforcement or corrections officer.
9A.76.025 Disarming a law enforcement or corrections officer –
Commission of another crime.
9A.76.030 Refusing to summon aid for a peace officer.
9A.76.040 Resisting arrest.
9A.76.050 Rendering criminal assistance – Definition of term.
9A.76.060 Relative defined.
9A.76.070 Rendering criminal assistance in the first degree.
9A.76.080 Rendering criminal assistance in the second degree.
9A.76.090 Rendering criminal assistance in the third degree.
9A.76.100 Compounding.
9A.76.150 Introducing contraband in the second degree.
9A.76.160 Introducing contraband in the third degree.
9A.76.170 Bail jumping.
9A.76.175 Making a false or misleading statement to a public servant.
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9A.76.177 Amber alert – Making a false or misleading statement to a
public servant.
9A.80.010 Official misconduct.
9A.82.010 Definitions
9A.82.160 Criminal profiteering lien – Trustee’s failure to comply,
evasion of procedures or lien.
9A.84.010 RiotCriminal mischief.
9A.84.020 Failure to disperse.
9A.84.040 False reporting.
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.050 Prostitution – Sex of parties immaterial – No defense.
9A.88.060 Promoting prostitution – Definitions.
9A.88.080 Promoting prostitution in the second degree.
9A.88.085 Promoting travel for prostitution.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
9A.88.120 Additional fee assessments.
9A.88.130 Additional requirements.
9A.88.140 Vehicle impoundment – Fees - Fines.
SECTION 2. – Amendment – KCC 9.02.150. Section 9.02.150 of
the Kent City Code, captioned “RCW Title 69, entitled “Food, Drugs,
Cosmetics, and Poisons,” is amended as follows:
Sec. 9.02.150. RCW Title 69, entitled “Food, Drugs,
Cosmetics, and Poisons” – Adoption by reference. The following RCW
sections, as currently enacted or as hereafter amended or recodified from
time to time, are hereby adopted by reference and shall be given the same
force and effect as if set forth herein in full:
RCW
69.41.010 Definitions.
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and to Make Housekeeping Amendments
69.41.030 Sale, delivery, or possession of legend drug without
prescription or order prohibited – Exceptions – Penalty.
69.41.050 Labeling requirements - Penalty.
69.41.060 Search and seizure.
69.41.072 Violations of Chapter 69.50 RCW not to be charged under
Cchapter 69.41 RCW – Exception.
69.41.320 Practitioners – Restricted use – Medical records.
69.41.350 Penalties.
69.43.010 Report to pharmacy quality assurance commissionReport to
state board of pharmacy – List of substances – Modification of
list – Identification of purchasers – Report of transactions –
Penalties.
69.43.020 Receipt of substance from source outside state – Report –
Penalty.
69.43.030 Exemptions.
69.43.035 Suspicious transactions – Report – Penalty.
69.43.040 Reporting form.
69.43.043 Recordkeeping requirements – Penalty.
69.43.048 Reporting and recordkeeping requirements – Submission of
computer readable data, copies of federal reports.
69.43.080 False statement in report or record – Class C felony.
69.43.090 Permit to sell, transfer, furnish, or receive substance –
Exemptions – Application for permit – Fee – Renewal –
Penalty.
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine -- Sales
restrictions -- Record of transaction -- Exceptions -- Penalty.
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales
restrictions – Electronic sales tracking system - Penalty.
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine –
Possession of more than fifteen grams – Penalty – Exceptions.
69.43.130 Exemptions – Pediatric products – Products exempted by the
pharmacy quality assurance commissionstate board of
pharmacy.
69.50.101 Definitions.
69.50.102 Drug paraphernalia – Definitions.
69.50.202 Nomenclature.
69.50.204 Schedule I.
69.50.206 Schedule II.
69.50.208 Schedule III.
69.50.210 Schedule IV.
69.50.212 Schedule V.
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Provisions of the Revised Code of Washington
and to Make Housekeeping Amendments
69.50.401 Prohibited acts: A – Penalties.
69.50.4011 Counterfeit substances – Penalties.
69.50.4012 Delivery of substance in lieu of controlled substance –
Penalty.
69.50.4013 Possession of controlled substance – Penalty – Possession of
useable marijuana or marijuana-infused products.
69.50.4014 Possession of forty grams or less of marihuana – Penalty.
69.50.4015 Involving a person under eighteen in unlawful controlled
substance transaction – Penalty.
69.50.402 Prohibited acts: B – Penalties.
69.50.403 Prohibited acts: C – Penalties.
69.50.404 Penalties under other laws.
69.50.407 Conspiracy.
69.50.408 Second or subsequent offenses.
69.50.412 Prohibited acts: E – Penalties.
69.50.4121 Drug paraphernalia – Selling or giving – Penalty.
69.50.416 Counterfeit substances prohibited – Penalties.
69.50.425 Misdemeanor violations – Minimum penaltiesimprisonment.
69.50, I-502, Section 21
69.50.445 Opening package of or consuming marijuana, useable
marijuana, or marijuana-infused product in view of general
public — Penalty.
69.50.506 Burden of proof; liabilities.
Effective July 1, 2015, the following statutory provisions shall apply and be
enforced within the City of Kent:
69.75.010 Definitions.
69.75.020 Retail sales – Proof of age from purchaser – Unlawful acts,
exceptions – Penalties.
69.75.040 Construction of chapter.
69.75.050 Preemption.
SECTION 3. – Amendment – KCC 9.02.175. Chapter 9.02 of the
Kent City Code, captioned “Criminal Code,” is amended to add a new
section 9.02.175, captioned “Chapter 77.15, Fish and Wildlife Enforcement
Code,” as follows:
Sec. 9.02.175. RCW Title 77, entitled “Fish and Wildlife” –
Adoption by reference. The following RCW sections, as currently
11
Amend Criminal Code to Adopt Additional
Provisions of the Revised Code of Washington
and to Make Housekeeping Amendments
enacted or as hereafter amended or recodified from time to time, are
hereby adopted by reference and shall be given the same force and effect
as if set forth herein in full:
RCW
77.08.010 Definitions
77.15.160 Infractions
77.15.380 Unlawful recreational fishing in the second degree — Penalty.
77.15.390 Seaweed — Unlawful taking — Penalty.
77.15.500 Commercial fishing without a license – Penalty.
77.15.809 Unlawful use of invasive species in the second degree –
Penalty.
77.15.811 Unlawful use of invasive species in the first degree – Penalty.
SECTION 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 5. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
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Amend Criminal Code to Adopt Additional
Provisions of the Revised Code of Washington
and to Make Housekeeping Amendments
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2014.
APPROVED: day of , 2014.
PUBLISHED: day of , 2014.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\9 02 Amendments .docx
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and to Make Housekeeping Amendments
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Agenda Item: Consent Calendar – 7F
TO: City Council
DATE: November 18, 2014
SUBJECT: 2014 Annual Docket Report - Accept
SUMMARY: The docketing process is required by the Growth Management Act and is
provided for in Chapter 12.02 of the Kent City Code (KCC). This year, eight (8)
docket applications were submitted and all were reviewed by the Economic and
Community Development Committee (ECDC) on November 10. In addition, several
staff recommended Comprehensive Plan and zoning changes were also made part of
the docket this year and they, too, were reviewed by the ECDC on November 10.
EXHIBITS: Memorandum to Economic and Community Development
Committee dated November 10, 2014 with attachments
RECOMMENDED BY: Economic & Community Development Committee
YEA: Berrios – Boyce - Higgins NAY:
BUDGET IMPACT: None
MOTION: Authorize the Mayor to accept the Economic & Community
Development Committee recommendations on the 2014 Annual Docket
Report, as revised.
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ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
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
November 6, 2014
To: Chair Bill Boyce and Economic & Community Development Committee
From: Charlene Anderson, AICP, Planning Manager
Subject: 2014 Annual Docket Report
Meeting of November 10, 2014
SUMMARY:
The docketing process is required by the Growth Management Act and is provided
in Chapter 12.02 of the Kent City Code (KCC). The Annual Docket may include
suggestions for amendments to the comprehensive plan text, land use plan map
designations, or the City’s development regulations. Staff will present this year’s
Annual Docket Report to the Committee on November 10th.
BUDGET IMPACT: None.
BACKGROUND:
The Growth Management Act outlines a procedure that assists the public in making
suggested amendments to the Comprehensive Plan, development regulations, and
growth policies on an annual basis. ”Docketing” refers to compiling and maintaining
a list of suggested changes to the Comprehensive Plan or development regulations
to ensure they will be considered by the City and will be available for review by the
public. The deadline for filing a docket item is the first business day of September.
There is no fee for submitting a docket item.
The 2014 Annual Docket Report contains eight (8) items submitted for
consideration this year. See Exhibits 1 and 2. In addition to these eight
applications, Staff has identified a number of potential comprehensive plan and
zoning amendments that we are proposing to be made part of the docketing
process. These amendments are outlined in Exhibits 3 and 4 and will be further
discussed at the ECDC meeting on November 10, 2014.
CA/al P:\Planning\DOCKETS\2014\ECDC\Dkt-2014_ECDCMemo11-10-14.doc
Enc: 2014 Annual Docket Report and Docket applications
cc: Fred N. Satterstrom, AICP, Planning Director
Tim LaPorte, Public Works Director
Steve Mullen, Transportation Eng. Manager
Brennan Taylor, Development Engineering Manager
Matt Gilbert, AICP, Principal Planner
Gloria Gould-Wessen, AICP, GIS Coordinator/Planner
MOTION: I move to accept/modify the staff recommendation to
approve the 2014 Annual Docket Report as presented.
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DOCKET NO.
&
DATE REC’D
&
PARCEL NO.
EXHIBIT 1. – 2014 DOCKETING APPLICATIONS
PROJECT NAME AND REQUEST (TOPIC)
DEPT
ASSIGNED
Issues
Staff
Recommendation
LUPB ECDC
CC
Action
Year 1
(Yes/No)
DKT-2014-1
Rec’d 8/26/14
ADU INTERPRETATION
Proposal to amend the Kent zoning code to allow accessory
dwelling unit (ADU) and garage allowable areas to be built
within the same footprint.
Contact: Craig Preston
craigpreston@comcast.net
253-228-3143
E&CD Clarify ADU code.
Consider bulk and
massing.
Broaden to consider size
limitations on garages
and accessory
structures?
Include in 2015
Work Program
DKT-2014-2
Rec’d 9/2/14
0322059055
NELSON PROPERTY REZONE
Proposal to amend the land use plan map and rezone property
at 20628 132nd Ave SE from Urban Separator/SR-1 to the
designations adjacent to the west across 132nd Ave SE, i.e.,
SF-6/SR-6 Single Family Residential
Contact: Dennis and Jamison Nelson
weewoolwanch@yahoo.com
253-631-9275
E&CD Includes one property
among several adjacent
properties that are within
SR-1/Urban Separator
Designations.
As this particular site is
part of the Countywide
Planning Policies’ Urban
Separator designation,
the amendment process
would require King
County and Growth
Management Planning
Council approvals to
address consistency
requirements.
Broaden scope to
address Urban
Separators in general?
Create policy in
Comprehensive
Plan Update to
address future
consideration of
Urban Separators.
Place project on
2016 Work
Program.
Page 1 of 3 10-17-2014
P:\Planning\DOCKETS\2014\ECDC\DKT-2014_With_Staff_Recommendation.docx
DOCKET NO.
&
DATE REC’D
&
PARCEL NO.
EXHIBIT 1. – 2014 DOCKETING APPLICATIONS
PROJECT NAME AND REQUEST (TOPIC)
DEPT
ASSIGNED
Issues
Staff
Recommendation
LUPB ECDC
CC
Action
Year 1
(Yes/No)
DKT-2014-3
Rec’d 1/3/13
PRELIMINARY SHORT & LONG PLAT SURVEY
REQUIREMENTS
Proposal to consider removing the requirement that preliminary
short plats be stamped by a surveyor. Applicant proposes only
to have a certified boundary and topographic survey of the
property with the preliminary short plat submittal and require the
surveyor stamp only with final short plat submittal.
Contact: Andy Rykels, Rykels Engineering Group
Rykelsengineering@gmail.com
253-631-6598
E&CD Prior to approving a
preliminary short plat
application, the City must
make written findings that
the criteria for approval of
a short plat are met. A
stamped short plat
ensures accuracy in
proposed lot dimensions,
property lines, sensitive
areas, streets,
encumbrances and so
forth.
Do not include in
work program
DKT-2014-4
Rec’d 9/2/14
7682800195
BALJIT SINGH & AMRITPAL S. SAHOTER
Proposal to change the Land Use Plan Map designation and
rezone property located at 2526 S 272nd Street from
LDMF/MRT-16 to Commercial/CC-MU Community Commercial-
Mixed Use.
Contact: Amirtpla Sahoter
bielysohal@gmail.com
206-841-6264 Baljit Singh
206-793-3380 Amritpal Sahoter
E&CD Site is surrounded by
residential zoning
districts. Closest
commercial designation is
approximately ¼ mile to
the west near Pacific
Highway South. Broaden
commercial designation?
Consider during
Comprehensive
Plan Update due
6/30/15
DKT-2014-5
Rec’d 9/2/14
KHALID HUSAIN
Proposal to clarify language in KCC Section 15.02.026.1 related
to assisted living facilities.
Contact: Khalid Husain
guirat@aol.com
503-380-7062
E&CD Code allows assisted
living facilities in
commercial zoning
districts only within a
mixed-use overlay district.
Do not include in
work program
Page 2 of 3 10-17-2014
P:\Planning\DOCKETS\2014\ECDC\DKT-2014_With_Staff_Recommendation.docx
DOCKET NO.
&
DATE REC’D
&
PARCEL NO.
EXHIBIT 1. – 2014 DOCKETING APPLICATIONS
PROJECT NAME AND REQUEST (TOPIC)
DEPT
ASSIGNED
Issues
Staff
Recommendation
LUPB ECDC
CC
Action
Year 1
(Yes/No)
DKT-2014-6
Rec’d 8/29/14
6756700060
6756700050
2822059153
CVS PHARMACY COMPREHENSIVE PLAN MAP AND
ZONING CODE AMENDMENT
Proposal to change the Land Use Plan Map designation for one
parcel from SF-6 to Mixed Use; and the zoning designation for
all parcels from O-MU or SR-6 to CC Community Commercial
for property located at 26046 116th Avenue SE, 26124 116th
Avenue SE and 11618 SE Kent Kangley Road.
Contact: Nick Wecker, Barghausen
nwecker@barghausen.com
425-656-7469
E&CD
Request expands Mixed
Use designation one
parcel east and rezones
all three parcels to CC
Community Commercial.
CC-MU is directly south
across Kent-Kangley.
Broaden scope of review?
Consider during
Comprehensive
Plan Update due
6/30/15
DKT-2014-7
Rec’d 8/28/14
7757800225
7757800222
MPR HOLDINGS LLC COMP PLAN MAP AMENDMENT
Proposal to change the split Land Use Plan Map designations
on Lot 1 and Lot 2 from SF-6 and ‘I’ to LDMF Low Density
Multifamily, to reflect the designation of LDMF to the east and
south, and correct apparent mapping errors that caused the
split designations on the subject parcels. The property is
located at 22202 and 22204 88th Avenue S.
Contact: Daniel Balmelli, Barghausen
dbalmelli@barghausen.com
425-251-6222
E&CD
Request is to change the
land use plan map and
zoning designations of
two parcels to match the
designations of the
adjacent parcels to the
east and south.
Consider during
Comprehensive
Plan Update due
6/30/15
DKT-2014-8
Rec’d 8/18/14
7790000005
2222049113
2122049068
MIDWAY SUBAREA COMP PLAN LD USE & ZONING
DESIGNATION AMENDMENT
Proposal to amend the Land Use Plan Map Designation from
Commercial to TOC Transit Oriented Community and the
Zoning Designation from GC General Commercial to MCR,
Midway Commercial-Residential. The site is located at 3101 S
240th Street and 24481 32nd Avenue South, and is comprised of
14.57 acres within the Midway Subarea.
Contact: Matt Edwards
matt.edwards@edwardsdev.com
425-985-3835
E&CD
Proposal agrees with the
designations proposed
under the Midway
Subarea Plan
Implementation in 2011.
At that time the applicants
had requested to maintain
their existing designations
of Commercial/GC.
Consider during
Comprehensive
Plan Update due
6/30/15
Page 3 of 3 10-17-2014
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Kent-Kangley RdK ent-B lack D iam ond R d152 AVE SE124 AVE SELake Meridian132 AVE SE148 AVE SE116 AVE SE104 AVE SE108 AVE SE116 AVE SE140 AVE SE108 AVE SESE 281 STW o o d la n d
U.P. RailroadG reenR iv e r R d
GreenR iv e rP a n th e r L k .16Pacific Hwy SInterstate5Star Lk.Star Lk.R dRiethMilitaryAngle LakeS 208 STS 223 ST16 AVE S24 AVE SKentDes MoinesRdKent-Kangley RdClark Lk.Valley FwyW Valley HwyGreenRiverBow LkSeattle-TacomaInternational AirportS 188 STS 200 STInterstate 5Pacific Hwy SS 288ST55 AVESS 272STSouthcenterParkwayS 216 STMilitary RdE Valley R d
64 AVE SN 4 AVEWGowe StValley FwyJason Ave94 AVE S80 AVE SSE 192 ST98 AVE S88 AVE SSE 248 STSE 240 STS R 5 1 6 SR 18B .N . R a il r o a d
U.P. RailroadRdOrilliaHwy (SR) 99PacificAVESS 277 STSE 288 STS 200 STKent-Kangley RdK ent-B lack D iamo nd R d152 AVE SE124 AVE SELake Meridian132 AVE SEKent-Kangley RdK ent-B lack D iamo nd R d152 AVE SE124 AVE SELake Meridian132 AVE SE148 AVE SE116 AVE SE104 AVE SE108 AVE SE116 AVE SE140 AVE SE108 AVE SESE 281 STW o o d la n d
U.P. RailroadG reenR iv e r R d
GreenR iv e rP a n th e r L k .16Pacific Hwy SInterstate5Star Lk.Star Lk.R dRiethMilitaryAngle LakeS 208 STS 223 ST16 AVE S24 AVE SKentDes MoinesRdKent-Kangley RdClark Lk.Valley FwyLakeFenwickMeeker StJames StSE 208 STSE 256 ST112SEB.N. RailroadSE 218 STS 228 STAveSE Petrovitsky RdRd68 AVE S76 AVE SC anyon D rW a yGateway42 AVE SS 229 STRdS 252 STS 248 STWillis StSmith StCentralSE100 AVE SEBenson Rd148 AVE SELakeYoungsB i g S o o s C r e e k BigSoos124 AVE SE224 STE Valley RdFragerRdW Valley HwyS 196 ST72 AVE SS 200 STS 212 STS 180 STLind AveS 192 ST92 AVE SE Valley RdS 188 STS 204 STLEGENDPlanning ServicesOctober 2014InsertAnnexed to KentOrd. #2743124 Ave SESE 304 ST¯No ScaleExhibit 2: 2014 Docketed Map Amendment Applicationsp:/ECD_GIS/Gould-Wessen/CompPlan/2015/Docket_11x17.mxdDKT-2014-2DKT-2014-8DKT-2014-4DKT-2014-7DKT-2014-6ZONING DISTRICTSAgricultural 1 Unit/10 AcresAgricultural GeneralIndustrial AgriculturalSingle-Family (SR-1)Single-Family (SR-3)Single-Family (SR-4.5)Single-Family (SR-6)Single-Family (SR-8)Duplex MultifamilyTownhouse/Condo (MRT-12)Townhouse/Condo (MRT-16)Garden Density MultifamilyMedium Density MultifamilyHigh Density MultifamilyMobile Home ParkNeighborhood Convenience CommercialDowntown CommercialDowntown Commercial EnterpriseDowntown Commercial Enterprise - Transitial OverlayCommunity CommercialCommunity Commercial/Mixed UseGateway CommercialGeneral CommercialGeneral Commercial/Mixed UseMidway Commercial Residential Midway Transit Community IMidway Transit Community IICommercial Manufacturing ICommercial Manufacturing IIOfficeOffice/Mixed-UseIndustrial ParkIndustrial Park/CommercialLimited IndustrialGeneral IndustrialDOCKETED PROPERTY
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EXHIBIT 3. – STAFF PROPOSED DOCKET ISSUES: COMPREHENSIVE PLAN AND ZONING REGULATIONS
Proposed Action: Staff Comment:
A. Expand commercial opportunities in strategic location in the industrial area
A1. Intersection of West Valley Highway/S. 196th Street
A2. Along south side of S. 180th Street
A3. NE corner of intersections of 72nd Ave S/S. 277th Street
A4. East Valley Highway/S. 212th Street
Certain locations in Kent’s industrial area have strategic advantages in
terms of location for retail use. Further, the Economic Development Plan
recommends that supportive retail and commercial uses be allowed in the
industrial area to “modernize” the district and contribute to its overall
vitality.
B. Eliminate certain zoning districts/simplify/consolidate
B1. Eliminate the Office (O) zone
B2. Eliminate the Manufacturing/Agriculture (MA) zone
B3. Eliminate the Gateway Commercial (GWC) zone
Certain zoning districts have become less useful over the years. The MA
zone is essentially a historic transition zone with only remnant properties
remaining within this designation. The Office zone is very restrictive in
terms of allowed uses and, therefore, has been difficult to develop. The
GWC zone allows commercial uses in an area when the market suggests
alternative uses.
C. Eliminate inconsistencies between the Comprehensive Plan and Zoning Map(s)
Several minor discrepancies/inconsistencies exist between the
Comprehensive Plan and zoning ways. The objective here would be to
change the plan map (or the zoning map) to achieve GMA consistency.
D. Broaden allowed uses in industrial zones to include supportive retail and
commercial activities.
This is related somewhat to A, above, but consists of text amendments,
not map amendments. This is recommended by the Economic
Development Plan.
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P:\Planning\DOCKETS\2014\ECDC\DKT-2014_EXHIBIT-3.docx
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GreenR iv e rP a n th e r L k .16Pacific Hwy SInterstate5Star Lk.Star Lk.R dRiethMilitaryAngle LakeS 208 STS 223 ST16 AVE S24 AVE SKentDes MoinesRdKent-Kangley RdClark Lk.Valley FwyLakeFenwickMeeker StJames StSE 208 STSE 256 ST112SEB.N. RailroadSE 218 STS 228 STAveSE Petrovitsky RdRd68 AVE S76 AVE SC anyon D rW a y
Gateway42 AVE SS 229 STRdS 252 STS 248 STWillis StSmith StCentralSE100 AVE SEBenson Rd148 AVE SELakeYoungsB i g S o o s C r e e k BigSoos124 AVE SE224 STE Valley RdFragerRdW Valley HwyS 196 ST72 AVE SS 200 STS 212 STS 180 STLind AveS 192 ST92 AVE SE Valley RdS 188 STS 204 STLEGENDPlanning ServicesOctober 2014InsertAnnexed to KentOrd. #2743124 Ave SESE 304 ST¯No ScaleExhibit 4: 2014 Potential Land Use Plan Map Amendmentsp:/ECD_GIS/Gould-Wessen/CompPlan/2015/CompPlanAmend_11x17.mxdA3B2POTENTIAL ACTIONSA2B2B2B2B3B1A1A4B1B1B1B1B1Agricultural 1 Unit/10 AcresAgricultural GeneralIndustrial AgriculturalSingle-Family (SR-1)Single-Family (SR-3)Single-Family (SR-4.5)Single-Family (SR-6)Single-Family (SR-8)Duplex MultifamilyTownhouse/Condo (MRT-12)Townhouse/Condo (MRT-16)Garden Density MultifamilyMedium Density MultifamilyHigh Density MultifamilyMobile Home ParkNeighborhood Convenience CommercialDowntown CommercialDowntown Commercial EnterpriseDowntown Commercial Enterprise - Transitial OverlayCommunity CommercialCommunity Commercial/Mixed UseGateway CommercialGeneral CommercialGeneral Commercial/Mixed UseMidway Commercial Residential Midway Transit Community IMidway Transit Community IICommercial Manufacturing ICommercial Manufacturing IIOfficeOffice/Mixed-UseIndustrial ParkIndustrial Park/CommercialLimited IndustrialGeneral IndustrialA. Expand Commercial Opportunties in Strategic Industrial AreasB1. Eliminate Office (O) ZoneB2. Eliminate Manufacturing/Agriculture (MA) ZoneB3. Eliminate Gateway Commercial (GWC) ZoneZONING DISTRICTS
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Agenda Item: Consent Calendar – 7G
TO: City Council
DATE: November 18, 2014
SUBJECT: Consultant Services Agreement with Fehr & Peers for Transportation
Element of the Comprehensive Plan - Authorize
SUMMARY: The Growth Management Act (RCW 36.70) mandates that Washington
cities review their Comprehensive Plans and adopt any changes that are needed by
June 30, 2015. Fehr & Peers will be working with the City to update portions of the
the Transportation Element necessary to update the City’s Comprehensive Plan.
EXHIBITS: 1) Memorandum dated October 28, 2014
2) Consultant Services Agreement
RECOMMENDED BY: Economic and Community Development Committee
YEA: Boyce - Berrios - Higgins NAY:
BUDGET IMPACT: This has been budgeted in the 2014 Economic and Community
Development Budget for the Comprehensive Plan update.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Fehr and Peers in an amount not to exceed $45,000 to provide services
for the update to the Comprehensive Plan Transportation Element, subject
to final terms and conditions acceptable to the City Attorney.
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ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Fred N. Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
October 28, 2014
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM Monica Whitman, Senior Transportation Planner
RE: City of Kent Comprehensive Plan Update Transportation Element
Consultant Services Agreement with Fehr and Peers.
Meeting of November 10, 2014
SUMMARY: The Growth Management Act (RCW 36.70) mandates that Washington
cities review their Comprehensive Plans and adopt any changes that are needed by
June 30, 2015. Fehr and Peers will be working with the City to update the
Transportation Element of the City’s Comprehensive Plan.
BUDGET IMPACT:
Funding for this contract will come from ECD funding that is dedicated to the 2015
update of the Comprehensive Plan.
BACKGROUND:
The City’s transportation system supports land uses envisioned by the
Comprehensive Plan. To further that purpose and provide more detailed analysis and
direction, the City adopted a Transportation Master Plan (TMP) in 2008. The TMP is
the City’s long-range blueprint for travel and mobility in Kent. For the update the
Comprehensive Plan, Fehr and Peers will be working with the City, building on
recently completed analysis of 2014 existing transportation conditions, to develop a
technical report that will be supplemental to the TMP that will include: updated
project lists, maps, and a description of why the list has changed. The scope of
work includes comparing updated land use forecasts to the 2008 TMP, updating
travel forecasts, developing a transportation needs assessment and expanding the
City’s multimodal Level of Service policies, methods, and concurrency framework.
Motion:
Move to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with Fehr and Peers in an amount not to exceed
$45,000 to provide services for the update to the Comprehensive Plan
Transportation Element, subject to final terms and conditions acceptable
to the City Attorney.
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Fehr & Peers
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Fehr & Peers organized under the laws of the State of Washington,
located and doing business at 1001 4th Ave., Suite 4120, Seattle, WA 98154-1155, Phone: (206)
576-4242/Fax: (206) 576-4225, Contact: Don Samdahl (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall assist with the City's Comprehensive Plan Update -
Transportation Element. For a description, see the Consultant's Scope of Work
which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II.TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by January 31, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Forty Five Thousand Dollars ($45,000.00), for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the
work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed
amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant’s services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant’s business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant’s possession pertaining to this project, which may be
used by the City without restriction. If the City’s use of Consultant’s records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all
reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and
fees incurred because there was a wrongful refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City’s request. The City’s use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties’ performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Don Samdahl
Fehr & Peers
1001 4th Ave., Suite 4120
Seattle, WA 98154-1155
(206) 576-4242 (telephone)
(206) 576-4225 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Fehr & Peers - Comp Plan Update/Whitman
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EXHIBIT A
Task 4 Transportation Needs Assessment
We will use the results of Task 4 to evaluate future transportation needs and opportunities. In general, we will
use the project list from the existing TMP and projects identified through subsequent planning projects to
identify/confirm needs. Specifically for street/roadway projects, we will prepare a planning -level LOS analysis
to evaluate road widening projects in the TMP to determine if there is continued need to keep these projects to
maintain adequate LOS. The City will lead a review and potential update to the pedestrian, transit, bike, and
TDM projects in the TMP to determine if any additional projects should be considered or modified. Fehr &
Peers will review the pedestrian, transit, bike, and TDM project list and compare against the current TMP
project list. Fehr & Peers may make revisions and recommendations to achieve multimodal LOS and other
transportation goals and policies.
• Deliverables: Updated 20 year project list for all modes; updated LOS analysis to account for
modified/new transportation projects; peer review of non -motorized projects; technical memorandum
summarizing results that can be incorporated into the transportation element and a supplement to the
TMP
• Completion Date: January 16
Task 5 Policy Development
We will expand the bicycle and pedestrian LOS methods and policies developed as part of the Downtown
Subarea Plan to the entire city to establish a citywide multimodal LOS framework. The concurrency framework
will also be expanded to incorporate multimodal elements.
• Deliverables: Updated multimodal LOS policies, methods, and concurrency framework
• Completion Date: December 30
Task 6 Transportation Element and Supplement to TMP
We will take the outcomes of the earlier Tasks 1-5 and update the Transportation Element with assistance from
City staff particularly on the development and recommendations for policy changes. We will prepare updated
maps and graphics to reflect the updates described earlier. The consultant will submit a draft plan to the City for
review. As part of this task, we will also develop a brief supplement to the TMP that includes the updated
project list, maps, and a description about why the list has changed.
• Deliverables: Draft Transportation Element update to be incorporated into the Comprehensive Plan;
supplement to the TMP
• Completion Date: January 27
Budget Estimate
Task 1
$5,000
Task 2
$2,000
Task 3
$2,000
Task 4
$25,000
Task 5
$3,000
Task 6
$5,000
Total
$45,000
effective 6/28/2014
Fehr & Peers reserves the right to change these rates at any time with or without advance notice.
2014-2015
(July 2014 through June 2015)
Hourly Billing Rates
Classification Hourly Rate
Principal $195.00 - $320.00
Senior Associate $180.00 - $240.00
Associate $145.00 - $200.00
Senior Engineer/Planner $125.00 - $185.00
Engineer/Planner $100.00 - $135.00
Senior Technical Support $125.00 - $170.00
Senior Administrative Support $105.00 - $135.00
Administrative Support $95.00 - $125.00
Technician $95.00 - $135.00
Intern $80.00 - $95.00
Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for
handling.
Personal auto mileage is reimbursed at the then current IRS approved rate (56
cents per mile as of Jan 2014).
Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced
at cost as a percentage of project labor.
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
OTHER BUSINESS
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BIDS
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Chief Administrative Officer
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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OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: Tuesday, November 18, 2014
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Council Meeting Tuesday, November 18, 2014
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION (Mayor, City Clerk's Office, Government Affairs)
•Council President Ralph, along with Economic Development and Parks staff met
November 5 with Governor Inslee’s Capital Budget lead to request the remaining
$600,000 needed to complete the 228th Street Interurban Trail Connector.
Construction of the 1,800 foot long, shared-use bicycle lane is significant for both
economic development and public safety reasons. The street is a central freight
corridor for truck traffic, yet is in very close proximity to the Interurban Trail, a
major regional bicycle commuter route valued by a cluster of outdoor recreation and
bicycle manufacturing firms including the world headquarters of REI, Raleigh Bicycle,
and Seattle Bike Supply. These companies, among others, have a rich, bike-to-work
culture, with as many as 25% of their employees commuting to work via bicycle.
Completion of this project will dramatically enhance the safety of these commuters
and create a much more seamless commute trip for those employees in this
important employment sector.
•After several years of advocacy and historic house research, Kent’s Mill Creek
Neighborhood Council is set to make its case for landmark designation for a portion
of the historic Mill Creek Neighborhood. King County’s Landmarks Commission will
review the Mill Creek Historic District’s eligibility as a Kent landmark on Thursday,
November 20, 7 p.m. at the Kent Senior Activity Center. The public is welcome to
attend and to testify on the historic significance of the area. The District is a well-
preserved concentration of houses that reflect the development of Kent during the
first half of the 20th Century. If the nomination is approved by the Landmarks
Commission, it will be Kent’s first official historic district, and the first local landmark
district in South King County.
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ECOMOMIC AND COMMUNITY DEVELOPMENT
• Per the recently adopted Economic Development Plan, staff has been engaged in
developing an interest list of firms to participate in a City-sponsored “Make in Back,
Sell in Front” program for Kent manufacturers. In an effort to increase retail sales
tax from the industrial valley, we currently have organized about seven companies
willing to explore the feasibility and barriers of the concept. Initial thoughts are to
establish a couple “Warehouse Weekends” that highlight and focus a specific product
segment or cluster, such as Outdoor Recreation companies, or home
furnishings/design. Staff will continue to build up the interested parties list and
target Spring 2015 for rollout.
• Federal Aviation Administration Regional Headquarters competition update- The
General Services Administration (GSA) has announced they will continue to seek
clarification on offers made last month by numerous development teams. Over the
next six weeks, GSA will be seeking clarification on offers relative to price,
competitive range if necessary, and commence preliminary negotiations. Staff have
responded to several questions from the GSA related to offers made on the City
properties. This process will likely narrow the field in advance of the January
deadline for submitting final offers.
• October permit numbers were strong, continuing a trend that has persisted
throughout 2014. As of October 31st, building valuation of permits issued totaled
$208 million, a 37% increase over the same period last year. Permit revenue
continues to exceed projections by over $1.2 million. Looking ahead, there is $70
million in projects in the permitting review pipeline, double what we have seen by
this time in years past.
• Over 950 persons responded to the online survey conducted as part of the public
outreach on the City’s comprehensive plan update project, “Create Kent 2035.” This
highly successful response rate was aided by Futurewise who helped reach out to
underrepresented populations in Kent. The survey results will be tallied and
analyzed in the near future.
• Staff from each discipline in ECD continue to work with the architects and engineers
on the Kent Station apartments project. All major permits have been submitted,
representing a significant commitment by the owners to proceed with the project.
The building is valued at over $15 million dollars, a significant investment that will
help enliven Kent’s downtown neighborhood.
FINANCE
• Finance is in the process of organizing and writing a Request For Proposals (RFP) for
banking services. The current banking services contract has expired and for control and
compliance purposes an RFP is necessary. We are aiming to have the RFP out in mid-
January and a decision made by May. The banking services RFP process will be
discussed at the November 18 Operations Committee meeting.
• We are gearing up for the 2014 Year-End process which is yet another incredibly busy
time for the finance department and the city as a whole. We have committed to the
State Auditor’s Office (SAO) that our financial statements will be available for audit no
later than mid-April which is a really fast turnaround. The April date is in response to a
letter we received from SAO stating that entity’s whom are planning to submit their
Page 3 of 5
Comprehensive Annual Financial Report (CAFR) to the Government Finance Officers
Association (GFOA) for consideration of earning GFOA’s Certificate of Achievement for
Excellence in Financial Reporting must have their financial statements ready for audit in
April.
HUMAN RESOURCES
•The results of the Lean Family and Medical Leave Act (FMLA) process went live on
November 7. The new process makes it easier for employees to request this
protected leave and for managers/timekeepers to accurately handle the employee's
payroll. Most of our supervisors received direct training from benefits staff.
•Open enrollment begins on November 19 through December 4. Open Enrollment is
on an exception basis. Only employees who receive management benefits or those
employees with changes need to participate. Employees can access the internal
Benefits website for more information at: http://cityspace/ES/Benefits/default.aspx.
Employees can now access ESS (Employee Self Service) from home to change their
benefits: www.kentwa.gov/ess.
INFORMATION AND TECHNOLOGY
•The city is in the early stages of looking to replace its out dated permit and capital
asset management system, KIVA. This effort involves multiple departments within
the city, such as Economic and Community Development and Public Works and looks
to improve related permitting services the city provides for both citizens and
business.
•The city is looking at replacing the document imaging system. With over 12 million
scanned documents and artifacts in this system, the city has a critical need to bring
this nearly 13 year old suite of applications into compliance with more modern
document and imaging standards. The ability to comply with state and federal public
record request fulfilment requirements is a primary driver behind replacing the
imaging system that is utilized by every department in the city.
LAW
•David Galazin, with the help of the assistant city attorney Victoria Robben and city
attorney Tom Brubaker, has finalized and submitted the city’s Washington Supreme
Court brief on the medical marijuana litigation.
•Tammy Larson-White, assistant city attorney, has revised and implemented a
detailed Local Improvement District foreclosure process to collect on unpaid
assessments. We believe this will be a much more effective means to obtain
payment on delinquent assessments and will dramatically expedite the process.
Page 4 of 5
MUNICIPAL COURT
•Update on School Zone Tickets. Here are the stats
Kent 2014
Filings Jan Feb Mar April May June July Aug Sept Oct Nov Dec
YTD
total
School Zone
Tickets 649 832 1032 587 978 883 4 2 1006 1198 7,171
•The Kent Municipal Court is celebrating its 20-Year Anniversary with an open house.
Come see the newly renovated building since being purchased from King County.
Nov 20th 1:00-4:00pm.
POLICE
•Kent Police completed three successful Diverse Community Force Task Force
Discussions on Police Use of Force.
•Halloween Night Completed six emphasis patrols including racing and DUI patrols.
•A South King County man was convicted of two counts of Sex Trafficking of
juveniles. This Kent Police Department arrest for promoting prostitution will result in
a 10 years to life sentence in Federal prison.
•A downtown Kent burglar was caught and linked to a half dozen burglaries.
•Threats of student violence at Kent Meridian High School were thoroughly
investigated and proven false by Kent Police Investigators.
PARKS, RECREATION, AND COMMUNITY SERVICES
•Green Tree Park renovations are complete and the park has reopened to rave
reviews from neighbors. The project more than doubled the size of the playground,
added picnic tables, and created a ¼ mile loop walking route through the park and
around the block. The project was funded by the City and a grant from King County,
as well as the sweat equity of 150 volunteers to help assemble the
playground. Phase 2 of the project will resurface the basketball court next
spring. All this work by Park Planning staff, Park Ops staff and Kent residents has
created a reinvigorated and reenergized public space.
•The Holiday Craft Market at the Senior Center was this past weekend. Attendance
for the two day event (November 7 and 8) was over 2,000 shoppers. Through booth
fees, sponsorships and food, sales for this popular event were the highest to date at
$12,950.
•Riverbend Golf Complex implemented some operational changes starting November
1.In our continuing efforts to reduce costs within this Enterprise, the clubhouse at
the Par 3 golf course will not be staffed on the weekdays from
November 1 – March 1. The Par 3 course itself will remain open during that time,
although weekday use of the Par 3 during that four month period is reduced to a
handful of golfers per day. Golfers will check-in and pay at the Driving Range which
is also situated on the south side of Meeker Street. This was a suggestion that was
brought up by many golfers and by staff in our ongoing discussions about achieving
a more financially sustainable future for the Golf Complex. Riverbend staff will be
monitoring customer feedback and rounds played to determine the value of this
operational change.
Page 5 of 5
PUBLIC WORKS
• Reaches 2 & 3 of the Briscoe/Desimone Levee project are under construction. Reach
1 of this levee, which was damaged last year during a high water event, will be
repaired by installing a sheet pile wall. We have ordered steel sheet piles and they
are expected to arrive on November 15 and 16. We are negotiating with the
property owner for property acquisition. Reach 1 installation contract is expected to
go to bid on November 18 with Council approval on December 9. A contingency plan
is in place and ready to go in case of a levee failure due to a high water event.
• Mayor Cooke and Mike Mactutis attended a November 6 meeting of the King County
Flood Control District Executive Committee. Amendments to the Briscoe and Boeing
Interlocal Agreements were approved.
• Construction on the James/Russell Road Levee project is going well with current
work on the setback levee wall near Public Works Operations.
• Public Works staff is assembling information for the proposed 2015 B&O projects and
plan to review these projects with Public Works Committee within the next couple of
meetings.
• Public Works crews are making great progress on continued sidewalk repairs on
James St. and currently working on damaged sections on Meeker Street west of 4th.
• Staff is assembling a proposed compilation of projects for 2015 using the Solid Waste
Utility Tax fund. The list will be presented to Public Works Committee in December.
• City staff is working with the last homeowner on the underground conversion for the
256th Project. This project is expected to be completed by the end of this year.
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EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(b)
ACTION AFTER EXECUTIVE SESSION
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