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City Council Meeting - Council - Agenda - 07/05/2005
L�Y2e� G EN DAf%. City of Kent City Council Meeting Agenda July 5, 2005 Mayor Jim White Julie Peterson, Council President Councilmembers r Tim Clark Debbie Raplee Ron Harmon Les Thomas Deborah Ranniger Bruce White KENT W A HI NGTON City Clerk's Office 1 KENT CITY COUNCIL AGENDAS ' KENT Julys, zoos WASHINGTON Council Chambers MAYOR. Jim White COUNCILMEMBERS• Julie Peterson, President Tim Clark Ron Harmon Deborah Ranmger Debbie Raplee Les Thomas Bruce White COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Budget Briefing Bob Nachlinger 15 min 2. Wayfindmg Signage Perry Brooks 10 min 3. Transportation Master Plan Larry Blanchard 30 min COUNCIL MEETING AGENDA 7:00 p.m. Q 5 d 1. CALL TO ORDER/FLAG SALUTE � ,2�51 A a d 3. CCHANGES TO AGENDA C p�Jded � 2. ROLL CALL fee r5 A. FROM COUNCIL, ADMINISTRATION, OR STAFF G� Li 4 {a B. FROM THE PUBLIC— Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. (-0 A added 4. PUBLIC COMMUNICATIONS A Employee of the Month Award B Economic Development Update 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve B. Payment of Bills—None C. Pacific Highway South HOV Lanes Project Quit Claim Deed—Approve D. Transportation Improvement Board Grant Agreement for East Valley Highway— Authorize E. Spears Engineering Contract for Various Construction Projects —Authorize (Continued on Back) COUNCIL MEETING AGENDA CONTINUED F. Street Vacation, Portion of 15t Avenue North, Resolution Setting Hearing Date— Adopt G. Alley Vacation, Municipal Lot Block, Resolution Setting Hearing Date—Adopt H. 2005 Public Art Projects— Approve I. Greater Seattle Intergroup 2005 Lease Agreement with Kent Commons— Authorize J. Soroptimist Donation for Service Club Park—Accept and Amend Budget K West Fenwick Park Picnic Shelter Restroom Design Consultant Agreement— Authorize L. Service Club Park Picnic Shelter Concession/Restroom Design Consultant Agreement-- Authorize M Facility Space Lease Renewal for Kidde Fire Trainers—Authorize N. Federal Emergency Management Association (FEMA) Emergency Management Plan Grant— Accept and Authorize O. Surplus Three Decommissioned Aid Units— Authorize P. King County Citizen Corps Grant & Agreement—Accept and Establish Budget Q. Traffic Safety School —Accept and Establish Budget (L ZY.CVSed C®,�nc1l q-InsehC 7. OTHERSNnfvSS� s G9r r��aF A. Graham Rezone—Approve (QUASI-JUDICIAL PROCEEDING) 8. BIDS A Three Friends Fishing Hole Improvements—Award 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10 CONTU41jED COMMUN CATIONS 4 Police Gwsuf+ Lot tW 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation 12. ADJOURNMENT NOTE- A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www ci kent.wa us 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. ti,�-.�dy ivyw3 � 3v < nDwntn 7o'o7 � � O� vi ^ n� awn -oorom �.� oac � c nc_Onm < CCw`� O rl -,CC �a cm an w oy o ° °� S>\O Oo OG 'O^ _ ° O � Ste].Q y � j� n w_� > MM p p 0o Oo� m� ➢o cF � - cam ° w ; a�m c oS' 0 3 mo rso n a� o ro �c° • wopw °' c' � wNNa 3 d _� as O c < n 5 d m o 3 ' d ' o 0 0 o c o _ • ^ m 10 C1^ m m 7) rm on °o y cni En -., O m O m Z w w N w N N c � 3 ➢'< O_ 7� — �_ ° Z O m o °' o Cl °aC:> �- p� ® 3 cc3 c�T F C) ' 333 D c • c < w m F� w c Z m 0 ° f o 3 IF c rm03 � ^3o-V mmm 3 3m ?000 `� � o a°c � O g�m�� � m W rfDo�^' m vo � 3a co FM R ? 3a � �;d3 mm3 z Qd � � n � a F3. 3cdp-Smo- � v3 v= S3 ""') amn � • � P �C^ LC(a� o¢D mdNa Oco =c Oa�m—, c=�� r 3 ? nmn0 j C> a E a0 z dZ O no mQ' 3 ao A ci Do m n 1 o ° O3 3mccv3 N 3 3 3 yy < 0n, � o Lnw 3 v 3 c n 3 = w < o o rm »m m H ao Son �_Sio Sowoat"^o � °i � c ma onopoTo.0 c 3 °' o a�c 3 °' 3 0 3 3 o n w e ac c T'o ao m m n -3- Oyw-<on Pr) m a C T O r o v m O n oc ro o <-� < S'-< 7 c >> 1 f0 3' � C_ Y - n - C O tL w v- O tD O O O_m = tD'D N N (` �? CL O d� S O C T 3 d- m w N n % R d a, .° N T� m I m o m s n m w `° 3 n c gN o r=o ' 3 p $ off wo � wsarn �� = wmc � o � n ^ao� ? [C S� N �- w O A 3 f� - ac ace m aSVT�'o.o M. O_ro m m m c 3 n y a m nm p N c� m� °i w °' omowalloa' Vim ? °c j mw� c c�, rD 3 w 3 a % a°auo ° m n u s i o D n< S o c v a o O s^ Q m vc3 m ➢�_c o� om oNCL m mN < _ n � m CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF i i B) FROM THE PUBLIC i l fi I i t i i t i PUBLIC COMMUNICATIONS 1 A) EMPLOYEE OF THE MONTH AWARD t 1 B) ECONOMIC DEVELOPMENT UPDATE t 1 1 i t i CONSENT CALENDAR 6. City Council Action: Councilmember 6111 moves, Councilmember rseconds to approve Consent Calendar Items A through Q. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of June 21, 2005. 6B. Approval of Bills. No numbers were available for approval. 1 t Council Agenda Item No. 6 A-B i KEN T Kent City Council Meeting WASHINGTON June21, 2005 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Councilmembers present: Clark, Harmon, Peterson, Ranniger, Raplee, Thomas and White (CFN-198) CHANGES TO AGENDA A From Council, Administration, or Staff. (CFN-198) CAD Martin noted that there will be three items of pending litigation and one property acquisition item for discussion during the Executive Session B. From the Public. (CFN-198) Continued Communications Item A and B were added at the request of audience members. PUBLIC COMMUNICATIONS i A. Recognition of State Legislator. (CFN-198) Mayor White commended Senator Steve Johnson for his efforts on behalf of Kent during the Legislative session. B. Certificate of Achievement for Excellence in Financial Reporting. (CFN-155&186) Assistant Finance Director Craig presented the Certificate of Excellence in Financial Reporting Award to Paula Barry of the Finance Department. CONSENT CALENDAR PETERSON MOVED to approve Consent Calendar Items A through S. Clark seconded and the ' motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of June 7, 2005 and a correction to the "Amount" column in the Approval of Bills were approved: Date Check Numbers Amount 515105 Checks 283376-283679 $ 225,643.38 515105 Advices 179311-179989 1,265,383.63 B. Approval of Bills. (CFN-104) Payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 7, 2005 were approved. iApproval of checks issued for vouchers: Date Check Numbers Amount 5/31/05 Wire Transfers 2059-2072 $1,323,508.23 5/31/05 PrePays & 578430 521,540 96 5/31/05 Regular 579086 21136,362 34 5/16/05 Use Tax Payable 1,94605 $3,983,357.58 1 Kent City Council Minutes June 21, 2005 Approval of checks issued for payroll for May 1 through May 15 and paid on May 20, 2005: Date Check Numbers Amount 5/20/05 Checks 283682-283982 $ 215,930.94 5/20/05 Advices 179990-180672 1,269,184.89 $1,485,115.83 Approval of checks issued for payroll for May 16 through May 31 and paid on June 5, 2005: Date Check Numbers Amount 6/5/05 Checks 283983-284292 $ 233,766.49 6/5/05 Advices 180673-181356 1,254,846 76 $1,488,613.25 C. 2005 Interlocal Agreement for Waterfowl Management. (CFN-118) The Mayor was r authorized to sign the 2005 Interlocal Agreement for Waterfowl Management. D. Pool/Recreation Facility Feasibility Study Contract. (CFN-118) The Mayor was r authorized to sign the consultant agreement with GreenPlay, LLC to conduct a pool/recreation facility feasibility study in the amount of$67,000. E. Local& Long Distance Telephone Service Vendor. (CFN-1155) The Mayor was authorized to sign a one-year contract with World Communications, Inc. (WCI), for local and long distance telephone service that replaces the City's current agreement with Focal Communications, ' subject to City Attorney approval of contract documents. F. 2005-2007 Microsoft Software Assurance Renewal. (CFN-1155) A three-year agreement to renew Microsoft Software Assurance on Microsoft Office, Exchange, and Windows Server products through the Washington State Microsoft Select Agreement was approved , G. US Bank—One Card Agreement. (CFN-104) The Mayor was authorized to execute the contract with the U S Bank One Card Program subject to approval of the agreement by the City Attorney This agreement will authorize small purchases through purchasing cards rather than using petty cash and purchase orders. These purchases will be in accordance with the Procurement Card Policy which sets out the authorized uses of these cards and will reduce the , paper flow involved with small purchases as well as improving our business relations with suppliers by improving the timing of payments. H. The Standard Insurance Company Lone Term Disabilitv Application for 2005. ' (CFN-147) The Mayor was authorized to sign the The Standard Insurance Company 2005 Application for long-term disability coverage for the AFSCME, Teamster and Non-Represented employees. Standard quoted 73% of base compensation for our long-term disability coverage for an annual cost of S 199,656. The long-term disability contract begins on July 1, 2005 r 2 Kent City Council Minutes June 21, 2005 I. Premera Blue Cross Administrative Services Contract For 2005. (CFN-147) The Mayor was authorized to sign the Premera Blue Cross 2005 Administrative Services Contract The City is self-insured for this program. The 2005 contract reflects a 6% increase in administrative fees by Premera Blue Cross and is budgeted in the Health &Welfare fund. The annual cost is approxi- mately $551,905. The projected budget for self-funded Premera Blue Cross program claims for 2005 is $8,947,787. J. Group Health Cooperative 2005 Contract. (CFN-147) The Mayor was authorized to sign the 2005 Group Health Cooperative of Puget Sound contract for the City's insured HMO plan. The 2005 contract reflects an approximate 5.8% increase in the health care premiums charged by Group Health and is budgeted in the Health and Welfare fund. K. Pacific Highway South—Fund Authorization Agreement North Phase—Kent Des Moines Road to South 252nd Street. (CFN-1038) The Mayor was authorized to sign a Fund Authorization Agreement with Washington State Department of Transportation for the Pacific Highway South—North Phase construction project expenses in the amount of$5,043,538 1 upon concurrence by the Public Works Director and the City Attorney and to establish a budget accordingly. L. Pacific Highway South—Fund Authorization Agreement South Phase—South 252nd Street to South 272nd Street. (CFN-1038) The Mayor was authorized to sign a Fund Authorization Agreement with Washington State Department of Transportation for the Pacific ' Highway South—South Phase construction project expenses in the amount of$674,71-6 upon concurrence by the Public Works Director and the City Attorney and to establish a budget accordingly. ' M. Joint Trench Agreement with Owest. (CFN-1038) The Mayor was authorized to sign a Joint Trench Agreement with Qwest for work on Military Road upon concurrence by the Public ' Works Director and the City Attorney. N. Joint Trench Agreement with Comcast. (CFN-1038) The Mayor was authorized to sign a ' Joint Trench Agreement with Comcast for work on Military Road upon concurrence by the Public Works Director and the City Attorney. 0. South 228th Street Extension Consultant Services Contract. (CFN-1285) The Mayor was authorized to sign consultant services agreements for the following disciplines: structural engineering for Riverview Boulevard Bridge and Military Road retaining walls; utility seismic designer; wetland mitigation inspection and wetland mitigation monitoring; inspection services for structural, geotechnical, materials testing and roadway construction; traffic signal design; and real ' property appraiser and property negotiation services. P. Pacific Highway South Consultant Services Contract. (CFN-1038) The Mayor was authorized to sign consultant services agreements for wetland mitigation inspection and wetland mitigation monitoring upon concurrence from the City Attorney and Public Works Director. 3 Kent City Council Minutes June 21, 2005 Q. W & H Pacific Contract for Pacific Highway South Inspection Services. (CFN-1038) The Mayor was authorized to sign the Local Agency Standard Consultant Agreement with W&H Pacific for inspection services on the Pacific Highway South HOV Lanes Project upon concurrence from the City Attorney and Public Works Director. R. Street Vacation for a Portion of 36th Avenue South. (CFN-102) Resolution No 1701 I setting a public hearing date of August 2, 2005, for the street vacation located along a portion of 36`h Avenue South,between Reith Road and South 260`h Street was adopted. S. 4th Avenue North/Ramsay Way Project. (CFN-1038) The 4th Avenue North/Ramsay Way project was accepted as complete and release of the retainage to Transtech Electric upon standard releases from the state and release of any liens was approved. OTHER BUSINESS A. F1exPass Program Agreement 2005-2006. (CFN-171) The F1exPass Agreement is a King County/Sound Transit/Pierce Transit Program, allowing all eligible employees to choose from a variety of non-single occupancy vehicle commute options provided by King County, Sound , Transit, and Pierce Transit. CLARK MOVED to authorize the Mayor to sign the renewal of the 2005-2006 F1exPass Agreement with King County/Sound Transit/Pierce Transit Program. Peterson seconded. After Council's questions were answered by staff, the motion carved. , BIDS A. LID 353: South 228th Street Corridor Military Road Widening—Phase I. (CFN-1269) The bid opening for this project was held on June 14, 2005,with 6 bids received. The low bid was submitted by Pilchuck Diversified Services in the amount of$713,691.38. The Engineer's estimate was $856,769. WHITE MOVED to authorize the Mayor to enter into a contract with , Pilchuck Diversified Services in the amount of$713,691.38 for the LID 353• S. 228th Street Corridor Military Road Widening—Phase I project. Raplee seconded and the motion carved. , REPORTS C. Public Safety Committee. (CFN-198) Ranniger noted that there will be a special committee , meeting at 4:00 p.m. on Thursday, June 23rd. D. Public Works. (CFN-198) White announced that because of the holiday on the 4th of July, there will be only one meeting that month, on the 18th. E. Planning& Economic Development Committee. (CFN-198) Clark noted that there will be , no meeting on July 4th and that the only meeting that month will be on the 18th at 5.00 p.m. G. Administrative Reports. (CFN-198) Martin reminded Councilmembers of the four items for consideration in the Executive Session. He added that it should take about 30 minutes, and that no action afterward is expected. CONTINUED COMMUNICATIONS A. Project Springboard. (CFN-198) Bob O'Brien, 1131 Seattle Street, suggested that the City swap property and build a parking garage in the area. 4 ' 1 Kent City Council Minutes June 21, 2005 1 B. Eagle Creek Park. (CFN-198) Joe Rubio, 3831 S. 248th, expressed concern about the Eagle Creek Park project. EXECUTIVE SESSION 1 The meeting recessed to Executive Session at 7:48 p.m. and reconvened at 8:48 p.m. (CFN-198) ADJOURNMENT 1 At 8.48 p.m. THOMAS MOVED to adjourn. White seconded and the motion carried. (CFN-198) 1 -�. aC�t It ` Brenda Jacober, C City Clerk i 1 1 1 1 1 1 1 1 5 Kent City Council Meeting Date July 5, 2005 1 Category Consent Calendar ' 1. SUBJECT: PACIFIC HIGHWAY SOUTH HOV LANES PROJECT QUIT CLAIM DEED —APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to execute a Quit Claim Deed turning a portion of City property along Pacific Highway South in the vicinity of South 268`h Street into street right of way subject to the City Attorney and Public Works Director's concurrence of the language. 3. EXHIBITS: Public Works Director's memorandum and Quit Claim Deed 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc ) ' 5. FISCAL IMPACT ' Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no. Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds iDISCUSSION: ACTION: Council Agenda Item No. 6C PUBLIC WORKS DEPARTMENT ' Larry R Blanchard, Public Works Director • Phone 253-856-5500 KENT Fax 253-856-6500 ' W A S H I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 20, 2005 TO: Public Works Committee FROM: Mark Howlett, Engineering Supervisor THROUGH- Larry Blanchard, Public Works Director ' SUBJECT: Pacific Highway South HOV Lanes Project Quit Claim Deed MOTION. Recommend authorizing the Mayor to execute a Quit Claim Deed turning a portion of City property along Pacific Highway South in the vicinity of S. 268`i' Street into street right of way subject to the City Attorney and Public Works Director's concurrence of the language therein. SUMMARY: The City of Kent owns a narrow parcel of property along Pacific Highway South ' near the intersection of S 268 h Street To avoid encumbering City owned property with a private utility easement, the Public Works Department is recommending that the Mayor be authorized to Quit Claim to itself the westerly 10 feet of the property for street right of way ' BUDGET IMPACT:No Unbudgeted Fiscal/Personnel Impact. BACKGROUND: When a City construction project necessitates the relocation of utilities that are located on a private easement, the City is required to reimburse the private utility for the ' relocation costs By converting a portion of this City-owned property to public right-of-way, the City will avoid encumbering the property with a private easement and will ensure that the private utilities remain in the public right-of-way and thus subject to the relocation requirements of the Franchise agreements and state law This will protect the City's taxpayers from any potential utility relocation costs resulting from any future roadway widening project ' Mayor White and Kent City Council 1 ' WHEN RECORDED RETURN TO: ' Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 ' Grantor: City of Kent Grantee: City of Kent Abbreviated Legal Description: Ptn Vac St Adj To 19, SECOMA HI-WAY VOL 37 PG 42 ' Additional Legal Description on Exhibit A of Document. ' Assessor's Tax Parcel ID No. PTN VAC ST(S 268" ST) Project Name: Pacific Highway Document Date: QUIT CLAIM DEED 1 The City of Kent,a Washington municipal corporation("Grantor"),for and in consideration of mutual benefits derived, and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, conveys and quit claims to the City of Kent, a Washington municipal corporation("Grantee"),for right of way purposes,all its interest,including any after acquired title, ' in the following described real property, situated in King County, Washington: THE MOST WESTERLY TEN(10)FEET OF ' THE REAL PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED 1 QUIT CLAIM DEED-Page I of 2 GRANTOR: by 'its STATE OF WASHINGTON ) ss. 'COUNTY OF KING ) On this day of 2005,before me a Notary Public in and for the ' State of Washington,personally appeared ,to me known to be the Mayor of the City of Kent, a Washington municipal corporation that executed the foregoing instrument,and acknowledged it to be the free and voluntary act of said municipal corporation,for the uses and purposes mentioned in this instrument,and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- , IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day , and year first above written. NOTARY PUBLIC,in and for the State of Washington ' residing at My appointment expires APPROVED AS TO FORM: ' Kent Law Department AACrvdIFORMS\Deedc Fine ,QunClatmDxd,Leases%QuiwlmmDeedCityToGryForROW dm QUIT CLAIM DEED-Page 2 of 2 7 EXHIBIT"A" All that portion of vacated street having a width of 30 feet, lying east of the west line extended southerly and west of east line extended southerly of Lot 19, Secoma Hi-way Tracts, according to the plat thereof recorded in Volume 37 of plate, page 42, in King County, Washington, said portion of vacated street abuts the south ' line of said Lot 19 and is also known as a portion of the north half of the South 260 Street i 1 1 Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: TRANSPORTATION IMPROVEMENT BOARD GRANT AGREEMENT FOR EAST VALLEY HIGHWAY —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Transportation Improvement Board "Fuel Tax Grant Distribution Agreement" for the East Valley Highway Project, direct staff to accept the grant and establish a budget for the funds to be spent within said project. 3. EXHIBITS: Public Works Director's memorandum and T113 Grant Distribution agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? X Revenue? X Currently to the Budget? Yes X No If no• ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D i PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director Phone 253-856-5500 • K E T Fax 253-856-6500 WAS"I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 20, 2005 TO: Public Works Committee FROM: Mark Howlett, Engineering Supervisor THROUGH Larry Blanchard, Public Works Director SUBJECT: Transportation Improvement Board (TIB) Grant Agreement For East Valley Highway- SR 167 to S. 212`h Street Motion: Recommend authorizing the Mayor to sign the Transportation Improvement Board"Fuel Tax Grant Distribution Agreement" for the East Valley Highway Project and authorize the establishment of the budget for same along with directing staff to spend the money accordingly SUMMARY: This grant agreement, in the amount of$150,000, is for the design and construction phases of the City's East Valley Highway Project In order to be reimbursed by the TIB for project expenses, the City must accept the grant by signing the"Fuel Tax Grant Distribution Agreement" The Public Works Department recommends that the Mayor be authorized to sign the agreement and authorize the establishment of the budget for the same and direct staff to spend the money accordingly BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: The City's East Valley Highway Project will widen East Valley Highway(841h Avenue) providing an additional continuous southbound general purpose lane between S 212`h Street and State Route 167 This project will also construct new sidewalk on both sides of the street where they do not currently exist i The Transportation Improvement Board selected the East Valley Highway Project to receive funding through its Pedestrian and Safety Mobility Program These funds have been authorized for the design and construction phases of the project Mayor White and Kent City Council TIB Grant for EVE June 20,2005 1 1 Washington State ' Transportation Improvement Board Transmittal Letter � IT�r i712NT TIB Members May 13, 2005 ` 0 20h Courmlmember Wdham GaNeq Chair Cdy or aatl/e Ground Commssioner Leo Boman Mr Larry Blanchard, P E >nfJClhd�� f�€IC� a r�E � w vice Chair,Benton Cconly Public Works Director Na Johnof0ln y PE City of Kent Coy of Ellensbu Counnlrnember Jeanne Bumidge 220 - 4th Avenue South Cry of Federal Way Kent, WA 98032-5838 Mr George Cress Port of Longv,ew Me K°,hleanoayle Pedestrian Safety and Mobility Program WSDOT TIB Project Number P-P-106(P02)-1 Coundlmember��Cow ty East Valley Hwy (84th Ave S) ,a,PxulaH,r rd PE SR 167 to S 212th St 1NS00r Design and Construction Phase Approval Counc,lmember Ned McClure City of Yakima Mr DicaMCK,Ney This is to confirm that the TIB has authorized the design and construction Ctlyof Benurgham phases of this project effective May 13, 2005 Please sign the enclosed Fuel Tax Mr Gant co ry Grant Distribution Agreement and return the original to the TIB After completion Mir Gave 000nnell of the project design, send a half-size set of plans, specifications and the final Mason County engineer's estimate to your TIB project engineer You will receive approval to Gommisslonersl Count Island y advertise the contract after TIB staff has reviewed the plans and contract Mr David Slahleim documentation CRy of Wenatchee Me Holdllama HS PublicPerk Allerrs Reimbursement requests will be processed after an executed Fuel Tax Grant Mr sleveThomsen Distribution Agreement is received by the TIB. You may request reimbursement Snohomish County from TIB beginning May 13, 2005 Mr Amold Tamac &cycle Alkanoe of Washington Me Jay Weber Future Requirements aunty Road Adminisryafmn Board 1 In accordance with TIB Guidelines, complete an Updated Cost Estimate Mr"'°°Yu (LICE) form after bid opening and prior to agency award of the contract Ofhce of Ffnencrei Management Ms KmZenlz Contact your TIB project engineer to request the form Ater receiving the Spokane Trensa Aufhomy completed UCE form, your project engineer will give approval to award the contract 2 Submit a TO Reimbursement Form to request payment for incurred eligible project costs Reimbursements are processed electronically at Mr Slay°nGorcester www.tib.wa.gov/services/reimbursements/raimbursements.htm Ekecvl.Director PO BOc 40901 Oly P12 WA 98W4,Mo For assistance with your project, contact Greg Armstrong, TIB Project Engineer, Fas 980 586-1195 at (360) 586-1142 or via e-mail at GregA@TIB wa gov, www rib wa gov i Investing in your local community Attachment 1 i Pedestrian Safety'and Mobility Program Project Description and List of Documents to be Attached to Agreement at each Phase of the Project Project Information Lead Agency City of Kent Project Number: P-P-106(P02)-1 Project Title East Valley Hwy (84th Ave S) Project Termini SR 167 to S 212th St TIB funds for the project are as follows Phase TIB Funds Design 18,000 Construction 132,000 Total Grant 150,000 Documents Required Prior to Advertising O Plans and Specifications package O Final Engineer's Estimate ' Documents Required at Bid Award Phase O Bid Award Updated Cost Estimate Form O Bid Tabulations O Cost change justification Documents Required at Contract Completion Phase O Contract Completion Updated Cost Estimate Form O Final Quantities and Ledger O Cost change justification Amendments to Agreement(if any) TIB Form 190-605 Rev 2114rM3 t�J0 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement LEAD AGENCY: City of Kent PROJECT NUMBER: P-P-106(P02)-1 PROJECT TITLE: East Valley Hwy(84th Ave S) PROJECT TERMINI: SR 167 to S 212th St 10 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB') hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein It is the intent of the parties,TIB and the grant recipient,that this Agreement shall govern the use and distribution of the grant-funds through all phases of the project- Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase This Agreement,together with the attachments hereto,the provisions of chapter 47 26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements between the parties 2 0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments 3 0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein , 4 0 AMENDMENTS This Agreement maybe amended by mutual agreement of the parties Such --� amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties 5 0 ASSIGNMENT I I The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement 6 0 GOVERNANCE &VENUE i This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County TI8 Form 190-500 Page 1 of 3 Rev 2/14/2003 t ' ) Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 7 0 TERMINATION 71 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party if this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination 7 2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a-30-calendar day written notice from one party-tb-the other - -73 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TIB has the right to suspend or terminate this Agreement TIB shall notify the grant recipient in writing of the need to take corrective action It corrective action is not taken within 30 days, the Agreement may be terminated TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient (1)was not at fault, or(2) failure to perform was outside of the grant recipient's control, fault or negligence The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law , 7 4 TERMINATION FOR CONVENIENCE i "-- TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because f.Tderal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination 7 5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TIB TIB Form 190,ra Page 2 of 3 Rev 211412M3 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 8 0 ATTACHMENTS Attachment 1 specifies the grant program applicable to this project, identifies the grant recipient, and contains the list of additional documents specific to the protect which will be attached and incorporated into this Agreement, together with subsequent amendments, as the protect progresses through each phase of design and construction Approved as to Form This 14th Day of February, 2003 Rob McKenna — - Attorney General- By Signature on file Robert J Fallis Assistant Attorney General Lead Agency Transportation Improvement Board Signature of Chairman/Mayor Date Executive Director U Date i Stevan Gorcester Print Name Print Name ' i i TO Form 196-500 Page 3 of 3 Rev 211412003 ' Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: SPEARS ENGINEERING CONTRACT FOR VARIOUS CONSTRUCTION PROJECTS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement with Spears Engineering for S600,000 to provide inspection services for a variety of projects upon concurrence of the language by the City Attorney and the Public Works Director. 3. EXHIBITS: Public Works memorandum and Consultant Services agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ i6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E 1 PUBLIC WORKS DEPARTMENT Larry Blanchard Public Works Director • Phone 253-856-5500 T Fax 253-856-6500 K E N W A 5 H I H c r D k_ Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 20, 2005 TO: Public Works Committee FROM: Stan Wade, Construction Engineering Manager THROUGH Larry Blanchard, Public Works Director SUBJECT: Spears Engineering Contract MOTION. Recommend authorizing the Mayor to sign the contract with Spears Engineering for $600,000.00 to provide the City of Kent inspection services for various projects as described herein upon concurrence of the language therein by the City Attorney and Public Works Director. SUMMARY: This contract will provide the City of Kent construction inspection and testing assistance for the various projects over the next twelve months This is a master on-call service contract for testing and inspection services for a variety of projects as described below No work will be done until Spears Engineering receives task orders for specific testing and inspection work for the attached projects The sum total of Spears Engineering's work will not exceed $600,000 00 BUDGET IMPACT- There will be no unbudgeted fiscal impacts as a result of this contract. BACKGROUND: Public Works has approximately nineteen projects over the next twelve months which require testing and inspection assistance Four of which are federally funded projects requiring more detailed inspection and testing Mayor White and Kent City Council 1 KENT W wE NIN4 TON i CONSULTANT SERVICES AGREEMENT ■ between the City of Kent and Spears Engineering & Technical Services THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"),and Spears Engineering & Technical Services organizer) under the laws of the State of Washington, located and doing business at PO Box 1007, Auburn, WA 98071-1007, Phone. (253) 833- 7967/Fax: (253) 735-2867,Contact: J. Frank Spears(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 be providing geoteclmical engineering and/or testing and inspection services for various City projects. For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. i Consultant further iepresents that the services funtished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. I1. 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by May 31, 2006. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Six Hundred Thousand Dollars ($600,000 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 supplemental 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 front the effective date of this Agreement The Consultant's billing iates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final hill upon completion of all services described in this Agreement. The City shall provide CONSULTANT SERVICES AGREEMENT-t (Over$10,000) i payment within forty-five (45) days of receipt of 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. I n that event,the parties will i immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will he created by this Agreement and that (lie Consultant has the ability to control and direct the perforrnance and details of its woik, the Ctty being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate tlus 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 tenuination, 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. VL 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 woik 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. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injunes, 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 mjuiies 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 detennine 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 Iiability 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 IATDEMNLFICAT101`i THE PARTIES FURTHER ACKNOWLEDGR THAT THEY HAVE MUTUALLY NEGOTLATED THIS WAIVER. The provisions of this section shall survive the expiration or temimation 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. CONSULTANT SERVICES AGREEMENT-2 (Omer$10,000) 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 iecords 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 tiles 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 O F I NSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, t he w ork must m eel t he approval o f t he C ity and s hall b e subject t o t he C ity's general right o f inspection to secure satisfactory completion. 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 prefeience may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict perfonnance 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 rehnquislnnent 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, I 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 ansing from the parties' performance of this Agieement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other iccovery 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 deerned 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. CONSULTANT SERVICES AGREEMENT-3 (Over$I0,000) i '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 patty gives its consent to any assigmment, the terms of this Agreement shall continue in full force and effect and no further assi ninent 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 fonniing 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 the Exhibits to this Agreement conflict with any language contained in this Agreement, the teens 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 acciuing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last j date entered below. CONSULTANT: CITY OF KENT: By:_ By: By: ygndr e1 (srgnarto e) f Print ame:3- t rcr•L(< .-G�r s print Name: Jim White Its ,'CVL&A& Its Mayor (TIN 1 (Thug) DATE: I C) —O DATE- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: J. Frank Spears Larry R. Blanchard , Spears End neeiing&Technical Services City of Kent PO Box 1007 220 Fourth Avenue South Auburn, WA 980714007 Kent, WA 98032 (253) 833-7967 (telephone) (253) 856-5500 (telephone) (253) 735-2867 (facsimile) (253) 856-6500(facsimile) APPROVED AS TO FORM: Kent Law Department spears-2005-2006 Semees/W ade CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is conunitted to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who peifonn work with relation to this Agreement shall comply,vith 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 Agieernent 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 term,nation 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 aim equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider luring and promotion of women and minorities. S. 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. jDated this F day of TV ue- ,2001c� By. For: y ,— Title., 'I Ck e,V�- Date: EEO COMPL[ANCE DOCUMENTS- 1 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 aniounting to $10,000 or more within any given year, must take the following affinnative steps, l. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 3. 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-2 t ' CITY OF KUNT 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__fdatel , 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 ui 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. Dated this day of , 200_ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A INSPECTION&TESTING SERVICES SPEARS GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEFRING ENGINEERING & ° CONSTRUCTION)/PROJECTMA.NAGEMENT TECHNICAL SPEJIALIZ,NG IN ROADS&BRIDGES HTTPWJWW SPEARS-ENGINEERING COM SERVICES CITY OF KENT 220 4 h Avenue S Kent, WA 98032-5995 Attn: Mr. Pete Tenerelli Construction E ttyiitecring Supei v sor Re: Letter of Interest& Statement of Qualifications Project: Annual Services Contract, 611105 through 5/31/06 Gentlemen; SETS would like to submit this letter of our interest and qualifications for providing geotechnical engineering and/or testing and inspection services on the above referenced upcoming project. Our office is physically located at 5115 Auburn Way South ut Auburn,from which we provide our services to3ob sites throughout ttie Puget Sound RegLon. SETS sheciah7es in providing geoteclinical services,pile design recommendations,soils Investigations,site inspectionhesdng,and construction management services to assist you for a variety of public works projects, Soils stabilization/enhanuement projects, retaining wall de;:gns,slope stability projects,and both public/private pavement ptojects, Our experience in the geutcchnical field and the tesunghiispeLtion of construction materials is extensive, especially concerning roads and bridges. We are small, but we do concentiate on the jobb and clients aiat we have and provide them with very personalized, friendly,cost efteclive service. For your review,we have included a list of our Schedule of Fees 8c Services,which will give you an overview of the scope of services that SETS can provide fur your project Also,we can provide certiflutes of insurance for Professional and/or General Liability Insurance If,You have any questions concerning the above items,the proposal as it is set for th,or if SETS can be of any further assistance please call on us at(253)833-7967. Respectfully Submitted, SPEARS.. E,,N--G11II/AN'ee) EERING &TECHNICAL SERVICES, PS 11 z J Frank Spears,P E. Principal r � t7595 ; /ONAL Ell EXPIRES 0e/16/07 P O.Box 1007 PHONE (253)833-7967 Proposal 9 05-007 AUBURN,WASHINGTON 98071-1007 FAx (253)735-2867 Page 1 of 8 SOTSINSPECTION&TESTING SERVICES SPEARS GEOTECHNICAL ENGINEERING CONSTRUCTION MATERALS ENGINEERING ENGINEERING & CONSTRUCT;ON/PROJECT MANAGEMENT P �ECHNIC A L SPECIALIZING IN ROACs&BR,OGES n HTTP INVWW.SPEARS-ENGINEERING COM SERVICES SCOPE OF WORK These rates will apply for the duration of the project and should provide all the testing and inspection requirements for your project. ♦ Hourly rates include all test equipment for our services(there are no hidden extra costs involved) A Licensed P E.reviews all reports and computer-geitetated copies are mailed to all parties on the project distribution list. ♦ The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for all work performed. Theta are no mileage charges There is a nunimum charge of 2 hours for any rnspectton services and a minimum charge of 2 hours(I a $200 00)for auy professional engineering services pet formed. ♦ Equipment S materials will include equipment used by an inspector the field in the performance of their inspection duties. ♦ Duties and tasks to include inspection and testing services (as listed below and on the following pages) for asphalt, concrete and soils placement on various projects throughout the City of Kent, also construction management services on all as needed basis to help supplement the inspection staff. SCHEDULE OF FEES & SERVICE'S INSPECTION SERVICES Unit Rate item Tot21 f 4600 Inspection&Monitoring Sevicces $55 00 per hour $253,000 00 2400 Testing Services $5500 per hour $132,00000 2000 Overtime Prenuum $25 00 per hour $50,000 00 LABORATORY SERVICES 50 Asphalt,Extraction&Gradation $150,00 each $7,50000 50 Asphalt,Rice Specific Gravity $75 00 each $3,750 00 1000 Concrete,Cylinders $1500 each $15,00000 60 Concrete,Mortar Cubes&Grout Prisms $15 00 each $900 00 10 Soils,Atterberg Limits $75.00 each $750 00 60 Soils,Fracture Count $50.00 each $3,000.00 10 Soils,Hydrometer $10000 each $1,00000 10 Sods,L.A.Abrasion $200.00 each $2,000 00 50 Soils,Moisture Content $25.00 each $1,25000 50 Soils,Organic Content $7500 each $3,750,00 100 Soils,Proctor(Standard or Modified) $150 00 each $15,000.00 1100 Sods,Sand Equivalent Test $75 00 each $7.500 00 300 Sods,Sieve Analysis with#200 wash $100.00 each $30,000 00 100 Specific Gravity(coarse,fine,or sods) $75 00 each $7,50000 GEOTECHNICAUPROFESSIONAL SERVICES As Needed Equipment&Materials,Costs+10% $7,50000 max $7,50000 400 Feet of soils boring $20 00 per foot $8,000.00 306 Geotechnical Engineering Services $100,00 per hour $30,600 00 200 Professional Engi iewnrg Services $100 00 per hour $20,000 00 _Estimated Project Total:_$600.000 00 P.O BOX1007 PHONE (253)833-7957 Proposal 905-007 AUBURN,WASHiNGTON 98071-1007 FAX: (253)735-2867 Page 2of 8 • INSPECTION B TESTING SERVICES SPEARS ENGINEERING CONSTRUCTION MATERALS ENGINEERING ENGINEERING & SCTS CONSTRUCnON/PROJECT BRIDGES MANAGEMENT `TECHNICAL SPECIALIZING IN ROAOS&BRIDGES `lr HT1 PJAWN SPEARS-EN_INEERM0 COM SERVICES GEOTECHNICAL,SERVICES SETS can provide you with a full range of geotechnical services for your project from its inception to completion.We can provide geoteclimcal engineering services including pile design recommendations, sods tnvestigations, m-situ soils stabilization and enhancement, along wide foundation recommendations, and slope stability studies for a variety of both private and public works projects Quotes for our services are provided to you upon request. - F SOILS INVESTIGATION REPORTS Our personnel have perform hundreds of soils investigation reports ranging from small residential projects to major commercial and public woiks projects in the Puget Sonnd region as well as throughout rite rest of Washington,Oregon, Idaho and Alaska.We can ptovide you With a quote on soils boring or test pits on your project to meet your specific project needs" We can also provide you with a variety of options for you foundation depending upon the site Y ;.,:„";_,�_' , •, conditions. t - SOILS NIONITORUNG These services include on-site monitoring for the placement of compacted fills and performing um-place density testing as needed for your project, large or small Unlike outer firms tit the j area we do not charge our clients on a per test basis for density tests taken, we only charge a hourly rate regardless of how many density tests are taken. We provide our services this way T" * so that in general we tend to a take an overabundance of density tests We feel that this provides out clients with a better picture of the placement of any fills on their project sites. SOILS TREATNIEN r&STABILIZATION These services include sampling the existing soils that you have to work with,pet funning various laboratory testing as needed, and then making the necessary recommendations for treatment We can also inspect and monitor the field operations of mrxmg and placing the soils as they are treated. Soils treatments can include cement, time, or kiln dust treatments Depending upon your particular site needs,sods treatment can be a major cost savings alternative when compared with the costs of importing fill oil rbe site. SLOPE ANALYSIS&STABILIZATION - We can inspect you project site, gather data from the site, and prepate, a detailed report with recommendations for your specific project site and application in reference to steep slopes. Tite reports that we provide on slope stability analysis examine both static and dynarnic analysts of the slope using various worst-case seenaiios The analysis process examines slope stability using the method of slices ` procedure for determining slope stability (safety factor must be greater than 1.0). Normally several thousand slice sections are analyzed using some of the most advanced software available in the industry(utilizing Geoslope's Software Suite). ABBREVIATED SITE PLAN OR SMALL SITE DRAINAGE PLANS These services include sampling the existing soils that you have to work with,performing vat ious laboratory testing as needed,and than making the necessary recommendations for treatment We can also inspect and monitor the field operations of mixing and placing the soils as they are treated. Soils treatments can include cement, time, or kiln dust treatments Depending upon your particular needs,soils treatment can be a major cost savings alternative when coaiparud Willi the costs of importing fill,pit the sae RETAINING WALLS These services include providing design details for retaining walls that can consist of concrete,masonry,rockeries,or segmental block walls that range from small landscape details to major eat thwork improvements and renovation We have provided retaining wall design services to a wide variety of landscaping situations for many dtftetent and sometimes difficult native seltin;s P O Box 1007 PHONE (253)833-7967 Proposal 9 05-007 AUBURN,WASIA NGTON98071-1007 FAx (253)735-2867 Page 3 of INSPECTION&TESTING SERVICES SPEARS GEOTFr_•HNfCAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING ENGINEERING & CONSTRUCTION/PROJECT MANAGEMENT g �+1� SPEpALI7_ING IN ROADS&BRIDGES ! ECHNICAL " HTIPJ/WWW SPEARS-ENGINEERING DOM -SERViCEc GEOTECHNICAL PROJECTS Anbwn General Hospital: The 4-story y expansion of a local hospital where SETS tyat _ -w. z prepared the soils investigation report and �__ y. t i2y_ t- piovlded the design far augercast piles used m 15� , • •v the foundation. The left photo was taken during pile installation and the rlgllf Is the finishedbulldrug I -4 Site in the Auburn-Kent Valley where SETS +' dnlled borings as part of the preparation of a ; soils report for a typical concrete tilt-up �xr•s`: +��_''� ^ �_' i =<s,�.,,:.-•- f,'..-...:.,,,_ warehouse expansion 4 ► A project site in Puyallup wheie SETS I'$ jY; perfoimed slope stability analysts and report t.. tom; � for each of the individual residential lots. t •,, � This project utilized hand auguring a boring 1��" F:-�',�•;rf:`€�„ ; as part of the dest.an process for an Allan Block _ &I r,�� Wall replacement for all existing coilclete � ram,;.-', ,,;���„�v;•__ ,;}Y retaining wall that has failed p '= _ ,� �-fi�, •• . , �,��"y�'d;;fa,.m_.e^;=:•�`..-�.,�.- 'a�v - n, S ► Shoreline property where the existing walls aslt'ii1 shown above are failing and we provided our ;i client with recommendations and design details ;: for using a single Allan Block wall r r re � j�(• .• - Cot'enant Shores Assisted Living Facility: A yy _ ` `ti•° . 4-story expansion project where SETS �` rbY"°�' peifomlea the site sods investigation,provided `~• k, ",' ,� ? augercast pile design and recommendations, and monitored the site in the earthwork phase. q Earthwork included replacing the proposed v, a t , augercast piles with compacted rock.piers (i.e Geopiers) and the construction of a fabric it; *°*��'i ,gy>r_• reinforced earth wall. tP.O.Box 1007 PHONE. (253)833-7967 Proposal#05-007 AUSURN,WASHINGTON 98071-1007 FAX. (253)735-2867 Page 4of8 i t Rpg INSPECTION&TESTING SERVICES SPEARS ' G�^ GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING ENGINEERING & CONS-RUCTION/PROJECT MANAGEMENT TG�+ SPECALIZING IN ROADS&BRIOGESgo TECHNICAL HTTP IJWWW SPEARS-ENGINEERING COM S ERVICES INSPECTION& TESTING SERVICES .7 SETS can provide you troth a full range of inspection and testing services for your proiect from its inception to completion We can provide geotechnical engineering services including pile design recommendations,soils investigations,Soils stabilization and enhancement, along with foundation recommendations,and slope stability studies for a variety of both private and public works projects Quotes for ourservices are provided to you upon request. ASPHAL TINSPECrioN&TESTING Our personnel have mointored and Inspected the construction and overlay oflilt hundreds of miles of pavements throughout the entue Pacific Northwest and Alaska. `�/� ; We can provide you will[either full or part time inspection services(as needed),and all we ask is a mininitun of 24 hours notice. We have often been able to provide our clients with design recommendations and changes with the associated cost savings that have paid for our services many tunes over on a project IT CONCRETE INSPECTION&TEsrING While OUT lab does not provide WABO certified inspectors or testing services,we do 1�. a provide a full spectrum of concrete testing services for public works projects We hase provided all fire concrete testing for the SE 200'4 Street Bridge, the SE 196o' ,., Street flyover Bridge, the 10g"Ave SE Bridge, the SC 277ih Strect Bridge over Lhc Green River and the railroad overpasses on SE 277'r' Strce[ Additionally our 't ! personnel have extensive experience in preparation and testing of concete mra designs. SOILS INSPECTION&TESTING These services Include sdmplbng die existing soils that you have to work with, performing various laboratory testing as needed, and monitoring the field operations of placing and compacting any structural fills. These services include perfomung In- place density testing as needed for your project, large or small We have experience •- in dealing with problem soils throughout the Pacific Northwest,and there Core we can be very helpful when it comes to offering alternative methods for vatious construction " 't problems that can be encountered. (Such as providing pipe pile ecoinniendations for t om /?` settlement of a residential foundation .) a = LABORATORY TESTING - { .N c We can perform a wide range of laboratory testing on any soils,aggregate,asphalt,or concrete samples that nay need to be tested. Normally we ate able to offer a turn �5 •2 around of only a couple of days for most samples and tests If you have a need for testing didL we Cannot pro4ide'lien we will either sub it out or assist you in someone who can petforrm the testing. We cuuently provide QC testing Services for C •;•;i;' v.4 several aggregate suppliers and asphalt/ooncrete suppliers in the Puget Sound area, ' ` �` �' 7 P O Box 1007 PHONE (253)833-7967 Proposal k 05-007 AUBURN,WASHINGTON98071-1C07 FAx (253)735-2867 Page 5ofa iINSPECTION&TESTING SERVICES SPEARS GEOTECHNICAL ENGINECRING CONSTRUCTION MATERIALS ENGINEERING ENGINEERING & `T5 CONSTRUCTIONIPROJECT MANAGEML-N1 TECHNICAL SPECIALIZING IN ROADS&BRIDGES HTTPI,'WWW SPEARS-ENGINEERING COM SERVICES INSPECTION &TESTING PROJECTS 2776 Sti eet Corridor&Bridges: SETS performed the testing and inspection for ! the Soils, asphalt, and concrete placed on the s project, as well as providing inspection .pf - '�"S y.,'; �°?� services. _ ,�„t•- _ 4 SECS monitored ding operations for the crushed surfacing. '. . ` ,,::'••',,.�^`�-r, �. 'tR*,'-,:��' ► SETS monitored installation and[aydown of all the paving on the prajecL f 25616 Sti eet ReconstruCdOli , SETS performed the testing and inspection for Y. the soils, asphalt, and concrete placed on the s• project, as well as providing :nspectloa and z traclan of a estunates Items. g pay �� �- t SETS monitored installation of the solider ' �, w '4 •.,{,-�_ ��.--f� pile MIN throughout the project f 41- � ► SETS monitored installation of the segmental block walls tKey.toue) throughout the project t This project as part of an annual asphalt - 4 overlay prograin iegmred removal of existing w asphalt by planning the curb&gutter edges. 0 �- 1 ► Typical paving of a paikmg lot for a new x AFC buildnig in the background. Our services can help you to avoid costly pavement failures and r"7, repairs. - 196i°Street Improvements f SETS performed the testing and inspection for = ?' the sods, asphalt, and concrete placed on the protect. -4 SETS monitored Nckfill and compaction of -^ "ti.z•- __ all fill placed on the project. g "` • 't ' ► SETS monitored subpade preparation for f c >� -- the bridge approaches for the 146`h flyover bridge, �.K P O Box 1007 PHONE: (253)833-7967 Proposal#05-007 AUBURN,WASHINGTON 98071-1007 FAx (253)735-2867 Page 6 of 8 Ism INSPECTION&TESTING SERVICES GEARS - GEOTLCHNicAL ENGfXEE-iN'G CONSTPUCTION MATEPnALS ENGINEERING ENGINEERING CONSTRUCTION/PROJECT MANAGEMCN T G u l�A� SPECIALIZING IN ROADS&BRIDGES Crl HM IhVWW SPEARS-ENGWEERING COM SERVICES Resume of J.FRANK SPEARS,P.E. EDUCATION University of Alaska,Anchorage B.S Civil Engineering University of Nevada,Reno Nevada Asphaltic Materials&Mir Design Workshop The Asphalt Institute Pavement Maintenance&Rehabilitation The Asphalt Institute Recycled Asphalt Pavements Ameucan Concrete Institute Concrete Repair&Rehabilitation CONTEC Recent Development in.Seismic Liquefaction Assessment REGISTRATIONS AND AFFILIATIONS Registered Professional Engineer States of Washington,Oregon,&Idaho Previously Certified Special Inspector,Concrete WABO,DCLU,City of Portland Previously Certified Special Inspector,Masonry. WABO,DCLU,City of Portland Previously Certified Specal Inspector,Fireproofing WABO,DCLU,City of Portland Previously Certified Special Inspector,Shoterete WABO Nuclear Densometer Troxler Electronic Laboiatorres Member American Concrete Institute Member American Society of Civil Engineers Member American Society for Testing and Materials REPRESENTATIVE EXPERIENCE Mr. Spears has performed testing,inspection,failure analysis,and research on geotechnical/sods,concrete,masonry,and asphaltic materials in Alaska, Idaho, Oregon, and Washington since 1984 lie has managed as well as provided these same services in several Iaboiatories throughout the Pacific Northwest and Alaska. In addition,he has been responsible for the work perfouned by laboratones in Auburn,Washington,Anchorage,Alaska, Boise, Idaho;and Portland, Oregon. Ile has performed imx designs avid Batch Plant Inspections for concrete and asphaltic materials in all areas of the Pacific Northwest lie has worked on projects that range from evaluating aggregate sources to special placements in dams and paper machine plants,geotechntcal projects that range from single family residences to high rise buildings to various slope stability investigations The locations have varied from working in major cities around the Pacific Northwest to very remote job sites In Alaska REPRESENTATIVE PROJECT/POSITIONS Wauna Paper Machine#5 Soils,Timber Piling,Concrete,Asphalt,&Batch Plant Inspection I-84,Paukrose Rehabilitation Concrete&Batch Plant Inspection I-84 Meachent to Hitgard Asphalt& Batch Plant Inspection Portland International Airport Soils,Concrete,&Asphalt Shemya Air Force Base,Shemya Alaska Asphalt&Batch Plant Inspection Days Inn Motet,West Coast Gateway Motel,Hampton Inn Conctete(Tunnel Form) Mapco Refinery,Alaska Asphalt Mix Design&Asphalt Cement Research Red Dog Max,Kotzebue Alaska Soils,Concrete&Balch Plant InspectIM Fred Meyers Distribution Centers(Chehalis&Puyallup WA) Geotechnical,Soils Treatment&Stabilization, Concrete,Asphalt Sea-TaL Iuteinationai Airport Parking Facilities Concrete(5&3 stoty parking garages) Cowlitz Falls Dam Sods,Concrete Staff Engineer Alaska Testidb,AnchoiageAK 1994-1986 Manager,Construction Services Piofessional Services htdustries,Portland OR 1986.1998 V.P.&General Manager Materials Testing Corporation,Auburn WA 1989-1996 P.O.Box 1007 PHONE (253)833-7967 Proposal#05-007 AUBURN,WASHINGTON 9807 t-1007 FAx: (253)735-2867 Page 7 of 8 i Project List 1. 4th and Ramsay Way 2, Pioneer Street/Smith Street I npiovements 3. 2004 Downtown Utility Trench 4. S. 228th Corridor- Bridge j 5. Kent Reservoirs Seismic 6. Smith Street and 1st Avenue linprovements 7. Downtown Sidewalks 8. Pacific Highway S. HOV Lanes 9. 2005 Asphalt Overlays j 10 S. 228th Military Road Trench 11. Miscellaneous Watcr 12. S.228th Corridor Earthwork 13. 118th Watennain Connection 14. 3rd Avenue Storm 15. 277th Bike Path-Phase 11 16, 277th Detention Pond 17. S. 228th Wetland Mitigation 18. Garrison Creek Outlet 19. Lake Meridian Outlet 20. Ramsay Way I . i i 1 Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: STREET VACATION, PORTION OF 1ST AVENUE NORTH, RESOLUTION SETTING HEARING DATE—ADOPT 2. SUMMARY STATEMENT: Adoption of Resolution No. scheduling a public hearing for August 16, 2005, for a Street and/or Alley Vacation Application and Petition filed by Tarragon, LLC, to vacate a portion of 1st Avenue North just south of James Street. 3. EXHIBITS: Resolution, Public Works Director's memorandum, and vicinity map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds j DISCUSSION: ACTION: Council Agenda Item No. 6F 1 1 i RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding the vacation of a portion of 1" Avenue North, located in the City of Kent, Washington; and setting the public hearing on the proposed street vacation for August 16, 2005. RECITALS A. A petition, attached as Exhibit A, has been filed to vacate 100 square feet of I" Avenue North in the City of Kent, Washington B. The petition is signed by the owners of at least two-thirds of the real property abutting that portion of 1s` Avenue North to be vacated C. The petition is in all respects proper. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. —Public Hearing A public hearing on the street vacation petition requesting the vacation of a portion of I" Avenue North, shall be held at a regular meeting of the Kent City Council at 7.00 p.m., Tuesday, August 16, 2005, in the 1 1"Avenue North— Street Vacation Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION 2. — Notice The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Chapter 35.79 RCW. SECTION 3. — Information. The Planning Manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the Council so that the Council may consider the matter at its regularly scheduled meeting on August 16, 2005. SECTION 4. — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION S. — Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. — Effective Date This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent,Washington,this day of July, 2005. CONCURRED in by the Mayor of the City of Kent this day of July, 2005. JIM WHITE, MAYOR 2 1"Avenue North — Street Vacation ATTEST: BRENDA JACOBER,CITY CLERK 1 APPROVED AS TO FORM- TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. _passed by the City Council of the City of Kent, Washington, the day of July, 2005. IBRENDA JACOBER,CITY CLERK P 1Cm11RAS0UM0WTVAC-KcmStWion-I VAw-PubhcHemngdoc 3 1"Avenue North— Street Vacation ' KENTR j MAY 3 l 200§ Mayor Jiro White CITY OF RENT MY CLERK AP LICANT: CN MAIL TO: NAME: -r4KK460f./-KENr rr.4nw PH-fs'E /, GLC CITY OF RENT ADDRESS: Joee S'EtoniD AvE,s-u/rr 3700 Property Management 220 S.0 Avenue rrzA rmr-,W4 78/0 f- , Kent,WA 98032 KRrST/N JE~sEN ATTN. Jerry McCaughan PHONE: 206.233. 9660 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We,the undersigned abutting property owners,hereby respectfully request that certain ❑Alley Sheet hereby be vacated described as follows(include square feet). j0d TF As* attauheaf. BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A "CURRENT' ownership and encumbrance report must be obtained from a Title Company and submitted with this application that covers all the abutting properties contiguous to alley or street sough to be vacated When Corporations, partnerships, etc. are being signed for, and then proof of individual's authority to sign for same shall also be submitted. Attach a color-coded map of a scale of not less than 1"=200' of the area sought for vacation. (NOTE) Map must correspond with legal description. AUBU fTING PROPERTY OWNERS TAX LOT# SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC TOWN R G TAiFRA6oN-KENT S7ALLT7&4 PyAre f, CLG 29 22a4. - 9/93 '9lra Col' g aF 6t-4 #Gt-2 oo f—/6 S150.00 Fee Paid 9/D 3 6 Treasurer's Receipt No: Appraisal Fee Paid Treasurer's Receipt No : Land Value Paid Treasurer's Receipt No: Deed Accepted Date: Trade Accepted Date: EXHIBIT "A" Page 1 of 4 Partial street vacation Request This request is for the vacation of the portion of 11t Avenue 1 described on the attached exhibit. This 100 square foot area was claimed by the City of Kent for the purpose of placing utility vaults. The planned vaults were never installed and the area remains unused. The engineering department has indicated no further need for this area and as such we respectfully request that it be vacated so that the land may be incorporated into our adjacent development. ' EXHIBIT "A" Page 2 of 4 Z N N N88'36'27"W 962.93' W. JAMES srN fbc,> gg _ SCALE; 1"= 100 N34'27 89 W N8 '36 7 W 497.23' 56.0C' FND, EX. 4" X 4"CONC. MON ! W/ 2" BRASS DISC AND PUNCH DN. 0.4' IN CASE (11-10-DO) �L3 (ACCEPTED AS NE COR. NW1/4 NE1/4 SEC 24-22-4) PROPOSED VACATION LS j CITY OF KENT #5163 w w IN=144250.1960 E=1653470 0930 t om NC O � a 30 N d M co OF o - Z Z 6 �ZO �o O00 6 KENT OR ROADWAY YED TO THE CITY AND F UIT RE rOT I CLAIM YDEED PRECORDED OSES BY QU DER KING COUNTY RECORDING 200k0 N88'34'1D"W NUMBER 20 3022 000365 71.41' LOT 2 M m 2 LINE TABLE �E E o LINE LENGTH BEARING � OF 'WA O � L2 30 00' NOI'38'30"E .ti W L3 10.00' NB '21'30'W �r o L4 10 00' N01'38'30"E L5 10.00' N88'21'3O'W L5 10.0' NOi'38'30"E QO• 21402 +�� Z s'��STB�.���� .L LAN7! EXPIRES 10/05/05 fl'�fff Z leaf VACTATION EXHIBIT aN N > / i . Nd. w w a�0 m nN y O _;"� KENT STA TION o� �o� ; W 8 m �^ 3 N w KING COUNTY, WASHINGTO WW EXHIBIT "A" Page 3 of 4 i i 1 p � c � od � r MAY 3 1 2005 CITY OF KENT CITY CLERK i I KENT STATION TRIAD JOB NO.02-113 LEGAL DESCRIPTION: PROPOSED VACATION AREA jTHAT PORTION OF FIRST AVENUE NORTH CONVEYED TO THE CITY OF KENT FOR ROADWAY AND UTILITY PURPOSES BY QUIT CLAIM DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20030220000365 AND ADJOINING LOT 3, CITY OF KENT BOUNDARY LINE ADJUSTMENT LL-2004-16, RECORDED UNDER KING COUNTY RECORDING NO 20040625900004 BEGINNING ATA POINT ON THE WEST MARGIN OF FIRST AVENUE NORTH FROM WHICH THE SOUTHEAST CORNER OF SAID LOT 3 BEARS SOUTH 01038'30"WEST 181.49 FEET DISTANT: THENCE NORTH 88"21'30"WEST 10.00 FEET;THENCE NORTH 01038'30'EAST 10.00 FEET;THENCE SOUTH 88°21'30"EAST 10.00 FEET TO THE WEST MARGIN OF FIRST AVENUE NORTH;THENCE SOUTH 01°38'30"WEST ALONG SAID MARGIN 10.00 FEET TO THE POINT OF BEGINNING. WRITTEN BY: CHECKED BY.f�t 61 i I y v_ , � =�I f ILA '.• V "A f Ua0 e,���s tavp5 o4l141 b6 i TRIAD 425B218448 8D04680756 Fax4258213181 wwwtnadassocm Lanc!DawlopmentConsutmnts��t .: EXHIBIT "A" Page 4 of 4 PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 W A S H I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 20, 2005 TO: Mayor White and Kent City Council FROM: Larry R Blanchard, Public Works Director SUBJECT: Portion of 1"Avenue North Just South of James Street — Street Vacation MOTION Recommend Council adoption of a resolution setting a public hearing date of August 16, 2005 for the Street Vacation located along a portion of 15L Avenue just south of James Street. SUMMARY: We have received a valid petition to vacate a portion of I"Avenue North,just south of James Street In accordance with state law, a public hearing must be held The Public Works Department recommends adoption of a resolution setting the public hearing date BUDGET IMPACT- No Unbudgeted Fiscal/Personnel Impact ' BACKGROUND: By law upon receipt of a valid street vacation petition the City, via adopting a resolution is required to hold a public hearing thereon within 60 days of passage of said resolution. Mayor White and Kent City Council 1 1B1 Ave North —Street Vacation i i PROPERTY MANAGEMENT p� DATE S o � SAY 3 1 �7p5 TO City Clerk C5iY OF KFMT FROM- Property Manager ,,,.ey w e.�J J I q ary QtRA RE: AlleylStreet V acati n I Regarding subject matter,please be advised that I have reviewed same and found everything in order Therefore I am filing the original application with you and at the same time,by copy of this memo to the Public Works Director,the process should begin. Cc• Public Works Director Planning Manager Attachment:Maps i Certification memo st vac 2005.doc I 1 - Crtl of heat Custoeer aarv:ces 1 c28 fourth Avenac So,tI, Kent, 8ashingcon 98932-SB95 f253i 856-5200 DEPTh 284 Street Vacation Application Fee 15e,aa 15e.aB Permit ID NuRoer. MUG IUVA#: Z4 <f 9 T u er C Custst omer Inforo.tion e.9e BN; CLstaReN {Last Same First NUN; �"-1 pLICANT: iARRAGIIN KUT KEHT STATION PH�iSE I LLC MAY 3 1 2X5 :7f1RJ A6e.J-X&oer wi700 SubTotal: 150.00 Total CITY OF'FH1 Check B.BB 150.09 DRESS: /Oe0 SEGONO �IvE.Sunt3�0o Number : 1223 5/31/2005 09:20 Ann N0867223 /3/2 f64 Tire,1n/h Via 1- Connecting for Success KRIsr/N 11Fsrr6N ATTN• Jerry McCaughan PAONE. 206 zPP 7606 ' STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We,the undersigned abutting property owners,hereby respectfully request that certain 0 Alley Street hereby be vacated described as follows(include square feet). 10 o SF As at raahcf. BRIEF STATEMENT WHY VACATION IS BEING SOUGHT ' A "CURRENT' ownership and encumbrance report must be obtained from a Title Company and submitted with this application that covers all the abutting properties contiguous to alley or street sough to be vacated. When Corporations,partnerships,etc. 1 are being signed for, and then proof of individual's authority to sign for saine shall also be submitted. Attach a color-coded map of a scale of not less than 1"-200' of the area sought for vacation. ' (NOTE) Map must correspond with legal descnption. AUBUTTING PROPERTY OWNERS TAX LOT# SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC TOWN.R.G. 7A*rRA6aJ—"W7' STwn6N PHAre J,tae 2¢22o4 -y'r 93 fir.T�r�a�..� Ct.G,Sfi JKena�tr Icer 3 uy 6L41 tGy-2oof-16 $150 00 Fee Paid Treasurer's Receipt No.: Appraisal Fee Paid Treasurer's Receipt No.. Land Value Paid Treasurer's Receipt No.' Deed Accepted Date: Trade Accepted Date P 1PubhcWApertyMn+imeoNaMPom,IPMPamuWuem MP Ax i Partial Street vacation Reauest ' This request is for the vacation of the portion of 1rt Avenue described on the attached exhibit. This 100 square foot area was claimed by the City of Kent for the purpose of placing utility vaults. The planned vaults were never Installed and the area remains unused. The engineering department has Indicated no further need for this area and as such we respectfully request that It be vacated so that the land may be Incorporated into our adjacent development. 1 t s t • ' MAY 3 1 2005 D Ir aF KEnr CITY CI ERN KENT STATION TRIAD JOB NO 02-113 LEGAL DESCRIPTION PROPOSED VACATION AREA THAT PORTION OF FIRST AVENUE NORTH CONVEYED TO THE CITY OF KENT FOR ROADWAY AND UTILITY PURPOSES BY QUIT CLAIM DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20030220000365 AND ADJOINING LOT 3,CITY OF KENT BOUNDARY LINE ADJUSTMENT LL-2004-16,RECORDED UNDER KING COUNTY RECORDING NO 200406259D0004 BEGINNING ATA POINT ON THE WEST MARGIN OF FIRST AVENUE NORTH FROM WHICH THE SOUTHEAST CORNER OF SAID LOT 3 BEARS SOUTH 01'38'30"WEST 181.49 FEET DISTANT;THENCE NORTH 88021'30'WEST 10 00 FEET,THENCE NORTH 01'38'30'EAST 10 00 FEET,THENCE SOUTH 88'21'30"EAST 10.00 FEET TO THE WEST MARGIN OF FIRST AVENUE NORTH;THENCE SOUTH 01*38'30"WEST ALONG SAID MARGIN 10 00 FEET TO i/THE POINT OF BEGINNING WRITTEN BY. U�. 1 CHECKED BY. -12 7 U O �iC1q`�9�Sv [macs lavb'S -12 ��f 1416y A RJRD 12112IIS 4258% NEI B004 Wss6Y FM42522H621 �K1ILli�lf�l■ 42S62fA14B 800�8&0756 Fa125R13N1 90c1�T 8e 1 AN N88'36'27'W 962 93' $ _ I ME JAmes 8T.H $ SCALE,V- 100 N34' r 497 23' SB DO• FND EX IVX VCONC MON W/ 2' BRASS DISC AND PUNCH ON 0.4' IN CASE (11-10-00) I �L3 (ACCEPTED AS NE CDR NW1/4 NE1/4 SEC 24-22-4) MOPOWD VACATM 1 CITY OF KENT 15163 N-144250196D W b W E=155347D 0930 m F F �E�6 � �{ tI ` o o �1 v � Z ZCONED TO THE \`O 6 KENT FOR ROADWAY I Qao AND BY QUIT a 1 CLAIMUTILITYDEEDPOSES RECORDED UNDER hp KING COUNTY RECOROING 1 N66'34'10'W NUMBER 2003022D000365 `oo 71 41' LOT 2 n� N ' LINE TABLE tO � LINE LENGTH BEARING y�' db3l L2 :k w u ' N . e R ti L4 1 N 1'36' 'E L5 10.00' N6B'21'30'W L5 1000' NOl'38'30'E 0 21402 = EXPIRE610/05/05 '41,4105 ffff VACTATION EXHIBIT ; KENT STA TION ' NWo cowry, MASNWrON 1 1 1 i Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: ALLEY VACATION, MUNICIPAL LOT BLOCK, RESOLUTION SETTING HEARING DATE —ADOPT 2. SUMMARY STATEMENT: Adoption of Resolution No. setting a public ' hearing date of August 2, 2005, the Municipal Lot Block alley vacation. As part of the proposed Town Square Plaza and Project Springboard on the Municipal Lot Block in downtown Kent, the Council needs to consider a vacation of the alley that runs east-west through the block from 2nd Avenue to 4th Avenue. The Municipal Lot Block is also bound by Smith Street and Harrison Street. 3. EXHIBITS: Resolution and Economic Development Manager's memorandum ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda Item No 6G RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, regarding the vacation of an alley, approximately 6,753 square feet, that runs east and west through the property known as the "Municipal Lot Block," which is bounded by 4t' Avenue North to the west, West Smith Street to the north, 2"d Avenue North to the east, and West Harrison Street to the south as dedicated within the plat of Yeslers' First Addition in Volume 5 of Plats, Page 64 recorded in King County, Washington; and setting a public hearing on the ' proposed street vacation for August 2, 2005. ' RECITALS A. The city of Kent seeks to vacate the alley that runs east and west through the Municipal Lot Block, legally described in Exhibit A. ' B. Pursuant to Ordinance No. 1934, the Kent city council may initiate by resolution the vacation procedure, subject to notification to abutting property owners and a public hearing. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS. RESOLUTION SECTION 1. The city council seeks to vacate the alley that runs east and west tthrough the property known as the"Municipal Lot Block," legally described in Exhibit ' 1 Street Vacation—Municipal Lot Block Alley A and incorporated by this reference, and the City Clerk shall give proper notice, as required per Section 3 of this resolution. ' SECTION 2. A public hearing on the street vacation petition requesting the ' vacation of the Municipal Lot Block alley shall be held at a special meeting of the Kent City Council at 5:00 p.m., Tuesday, August 2, 2005, in the Council Chambers of City Hall located at 220 4 h Avenue South, Kent, Washington, 98032. SECTION 3. The City Clerk shall give proper notice of the hearing and cause ' the notice to be posted as provided by state law, Ch. 35.79 RCW, including the specific notice to the abutting property owners as required due to the city council's initiation of the vacation by this resolution. SECTION 4. The Planning Manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the city council so that the city council may consider the matter at its special meeting on August 2, 2005. i SECTION S. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. i SECTION 6. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. , 2 Street Vacation—Municipal Lot Block Alley SECTION 7. This resolution shall take effect and be in force immediately upon its passage. ' PASSED at a regular open public meeting by the city council of the city ' of Kent, Washington,this day of July, 2005. ' CONCURRED m by the mayor of the city of Kent this day of July, 2005. JIM WHITE, MAYOR ATTEST: ' BRENDA JACOBER CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ' passed by the city council of the city of Kent, Washington, the day of July, 2005 BRENDA JACOBER,CITY CLERK P 1GvilUtESOLUTIOMSTVAC-MumcipelLotBlock doc 3 Street Vacation—Municipal Lot Block Alley 1 EXHIBIT A , ALLEY IN BLOCK 7 YESLERS 1ST ADDITION TO , KENT IN VOLUME 5 OF PLATS PAGE 64 KING COUNTY, WASHINGTON. i t i i i t t i i 1 t OFFICE OF THE MAYOR ' Jim White, Mayor Phone 253-856-5700• KFax 253-856-6700 ENT WASH I N O T O N Addiess 220 Fourth Avenue S Kent,WA 98032-5895 June 13, 2005 ' TO: Kent City Council Public Works Committee FROM: Nathan Torgelson, Economic Development Manager ' THROUGH: Mayor Jim White SUBJECT: Municipal Lot Block Alley Vacation ' MOTION: Recommend council adopt the proposed resolution to schedule a public hearing on August 2, 2005, to consider vacation of the alley that tuns east-west through the Municipal Lot Block in downtown Kent fiom 41h Avenue to 2,d Avenue. SUMMARY: As part of the proposed Town Square Plaza and Project Springboard on the Municipal Lot Block, the council needs to consider vacation of the alley that runs cast-west ' through the block from 2 Avenue to 4`h Avenue The Municipal Lot Block is also bound by Smith Street and Harrison Stieet The attached resolution does not approve the alley vacation; rather the resolution establishes a public hearing date for the council to hear comments from the public and consider the vacation. BUDGET IMPACT: None ' We look forward to talking with you about this proposed resolution at your June 20, 2005 committee meeting. If we may answer any questions prior to the meeting,please call Nathan ' Torgelson at 856-5703. ' Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: 2005 PUBLIC ART PROJECTS —APPROVE 2. SUMMARY STATEMENT: Approve the proposals from artists for public art projects at East Hill Skate Park, Service Club Ball Park and Titus Railroad Park, and ' authorize entering into agreements with the selected artists. Three public art projects were approved by Council as part of the 2005 City Art Plan. The Kent Arts Commission approved the following projects, selected by an art panel: 1. East Hill Skate Park. Michael Whiting- free-standing minimalist sculptures that ' reflect the theme of the park- S20,000.00 ' 2. Service Club Ball Park. Lea Anne Lake: three etched aluminum columns topped with baseball figures - S15,000.00 3. Titus Railroad Park Mural. Mary Iverson: new mural reflecting a tram theme - $10,000.00 ' 3. EXHIBITS: Art Plan Narratives 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ ' Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H ' Kent Arts Commission 2005 Crtv Art Plan Narrative Project Title Mural—Titus Railroad Park Proiect Description A professional muralist would design and execute an artwork to replace an existing, deteriorated mural currently at the site The artist would work the building owner,arts commission and downtowr stakeholders to complete the project Estimated 2005 Costs $10,000 ' Funding Source City Art Plan Background/Justification The successful and popular city mural projects improved the downtown and the train condor by prom iding destinations and aesthetic enhancement within the downtown cote The program was widely ' supported during it's inception and continues to be a popular feature in Kent Many of the murals have reached their life span and need to be renovated or replaced This particular inural is painted directly on a fading wall and therefore cannot be saved A new mural would be commissioned to take its place and be painted on panels to avoid the problem of a fading wall surface Replacing the mural would continue to provide the aesthetic and community benefits to the park that it has enjoyed to date Proiect Tide Capital Project--East Hill Skate Park Integrated Art Project Description A professional public artist will be hired to work with Park Planners and user groups of the new skate park on East Hill The artwork will reflect the character of the park and be integrated into the construction Estimated 2005 Costs $20,000 Funding Source City Art Plan Background Professional artists have produced artwork at the two existing skate parks in Kent with great success, This facility will incorporate the artist at an early stage to take advantage of cost-savings that could be realized by ' planning for art prior to construction The Public Art Program has a history of involving community members in public art since 1994 Their involvement promotes a sense of ownership and vandalism is reduced or eliminated as a result ' Protect Title Capital Project--Service Club Ballfield Art Project Description A professional public artist will work with the park designer,planners,project manager and ' contractors to incorporate art as a welcome/entry element to the new balifield The team may identify other opportunities to integrate art in building parts and park features Art will be determined by artist proposal selected by committee ' Estimated 2005 Costs $15,000 Funding Source City Art Plan ' Background Service Club Ballftelds is a Parks Planning Capital Project scheduled for development in 2005 By hiring an artist prior to building, art can be incorporated into the construction to create a unique solution for the park Incorporating art at the on-set of a project serves to reduce overall costs and create ' a more cohesive, integrated art experience Successful projects in the past where art is integrated at the time of park construction are Wilson Playfield art and"in the Grove' trail (Morrill Meadows Park) Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: GREATER SEATTLE INTERGROUP 2005 LEASE AGREEMENT WITH KENT COMMONS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with Greater Seattle Intergroup to lease office space at Kent Commons. The lease agreement is for rental of 107.8 square feet of office space at Kent Commons for the Alcoholics Anonymous Bookstore. Alcoholics Anonymous is the last remaining tenant in the building. In 2006, a master plan will be completed to remodel the available space for possible City offices and/or expanded programs. To keep the space available to the City, the lease termination has been amended as follows: the ending date has been changed from February 28, 2006 to December 31, 2005; and after December 31, 2005, the lease will be on a month-to-month basis. 3. EXHIBITS: Lease agreement 3/1/05-12/31/05 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? N/A Revenue? X Currently in the Budget? Yes X No If no• Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda ' Item No. 61 j KENT W♦9Mw 6TON LEASE AGREEMENT between THE CITY OF KENT and ALCOHOLICS ANONYMOUS GREATER SEATTLE INTERGROUP ASSOCIATION OF KING COUNTY for 107.8 Square Feet of Office Space in the Kent Commons Facility 525 4t" Avenue North Kent, Washington 98032-4497 March 1, 2005 — December 31, 2005 LEASE AGREEMENT THIS LEASE is entered into the date fully executed by and between the CITY OF KENT, a municipal corporation of the State of Washington, hereinafter called the "Owner", and ALCOHOLICS ANONYMOUS, GREATER SEATTLE INTERGROUP ASSOCIATION OF KING COUNTY,hereinafter called the"Tenant". 1. PREMISES The Owner hereby lets and leases to the Tenant those certain premises situated at 525 4th Avenue North in the City of Kent, Washington that are described as 107.8 square feet of office space in the Kent Commons facility,hereinafter the"Commons", for use by the Tenant. The area so leased is hereinafter called "the premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. 2. USE The premises shall be used for office use and for no other purpose without the written consent of Owner No use shall be made of premises, nor act done in or about premises,which is illegal, unlawful, or which will increase the existing rate of insurance upon the premises or Commons. Tenant shall not commit or allow to be committed upon premises, any waste or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other occupant in the Commons, nor shall Tenant, without the written consent of Owner, use any apparatus, machinery or device in or about premises which shall cause any substantial noise or vibration If any of Tenant's office machines should disturb the quiet enjoyment of any other occupant in the building, then Tenant shall provide adequate insulation, or take such action as may be necessary by the Owner to eliminate the disturbance_ Tenant shall observe such reasonable rules and regulations as may be adopted and published by Owner for the safety, care acid cleanliness of premises or the Commons and the preservation of good order therem. Tenant will comply, at Tenant's own cost and expense, with all reasonable orders, notices, regulations or requirements of ' any mumcipality,state or other governmental authority respecting the use of the premises. 3. TERM The term of this lease shall commence on the 1st day of March, 2005, and end on December 31, 2005. The lease may continue thereafter subject to the month-to-month tenancy provision in paragraph 23. 4. RENT Tenant covenants and agrees to pay the Owner as rental for said premises an annual rent of Thirteen Dollars ($13.00)per square foot in lawful money of the United States to be paid monthly in advance on the 1st day of each month of the lease term, to Owner's Agent, or to such other party or at such other place as the Owner may hereafter designate. KENT COMMONS LEASE AGREEMENT-Page 1 of 10 May 2,2005 (between City of Kent and Greater Seattle Intergroup) 5. TAXES Tenant shall pay any tax that this Agreement,or the interest created thereby,may be subject to at any time during the term of the Lease or renewal thereof. 6. RE-DELIVERY Tenant, at the expiration of the term hereof or any extension thereof or upon any sooner termination thereof, will, without notice, quit and deliver up said premises to the Owner peaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by Owner,reasonable use and wear thereof excepted. 7. DAMAGES Owner agrees to keep and maintain the roof in good order and repair and make necessary structural repairs to the building not occasioned by Tenant's negligence during the continuance of this lease, upon receipt in writing from Tenant when such repairs are necessary. All other repairs for damages shall be made by Tenant at its sole cost and expense at all times while this lease is in effect. 8. REPAIRS AND ALTERATIONS All normal repairs necessary to maintain premises in a tenantable condition shall be done by or under the direction of Owner, and at Owner's expense, except those caused by negligence or acts of Tenant,his agents or invitees,which repairs shall be made at the sole cost of Tenant. Tenant shall not make any alterations, additions or improvements in said premises, without the consent of Owner in writing first, which will not be unreasonably withheld, and all alterations, additions and improvements which shall be made, shall be at the sole cost and expense of Tenant, and shall become the property of the Owner except for improvements that Owner, at Owner's option, agrees that they are the property of Tenant or elects to request Tenant to remove, arid shall iemain in and be surrendered with the premises as a part thereof at the termination of this lease, without disturbance, molestation or injury If the Tenant shall perform work with the consent of the Owner, as aforesaid, Tenant agrees to comply with all laws, ordinances, rules, regulations of the appropriate City or County, and any other authorized public authority. The Tenant further agrees to save the Owner free and harmless from damage, loss or expense arising out of the said work. Tenant agrees that Owner has the right to make alterations to the building in which the premises are situated. Tenant will be entitled to a fair abatement of rent if such alterations materially interfere with Tenants use of the premises. 9. UTILITIES As long as Tenant is not in default in any of the provisions of this lease, Owner shall furnish a reasonable amount of electricity (i.e. normal lighting and low power usage office equipment), heat, water, and full janitorial service except no janitorial service on weekends and City holidays. Owner shall not be liable (including consequential damages) nor shall rental be abated for KENT COMMONS LEASE AGREEMENT—Page 2 of 10 May 2,2005 (between City of Kent and Greater Seattle Intergroup) interruption of said service caused by accident or necessity for repairs or improvements,or for any other reason beyond Owner's control. In the event of a recognized energy crisis affecting the electrical power available for the premises, Owner and Tenant shall adjust the hours of use of the premises to meet such crisis. If in Owner's reasonable opinion, Tenant uses more than a reasonable amount of electricity and/or water, Tenant shall, upon notification by Owner, pay for such excess at such times as the same becomes due and payable to the public utility furnishing the same. 10. INSURANCE The Tenant shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance hereunder by the Tenant, its agents,representatives, employees or subcontractors The Tenant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than$1,000,000 combined single limit per accident for bodily injury and property damage;and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single lunit per occurrence and $2,000,000 aggregate for personal injury,bodily injury and property damage. Any payment of deductible or self-insured retention shall be the sole responsibility of the Tenant. The Owner shall be named as an additional insured on the insurance policy, as respects y� work Owner performed by or on behalf of the Tenant and a copy of the endorsement naming the Owner as additional insured shall be attached to the Certificate of Insurance. The Tenant's insurance shall 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 hmtts of the insurer's liability. The Tenant's insurance shall be primary insurance as respect the Owner and the Owner shall be given thirty(30) days prior written notice of any cancellation, suspension or material change in coverage. If Tenant is a self-insured governmental entity, an insurance policy need not be obtained, however, tenant shall provide, upon request, satisfactory documentation evidencing self-insurance coverage for the amounts set forth herein. 11. INDEMNIFICATION/HOLD HARMOLESS KENT COMMONS LEASE AGREEMENT—Page 3 of 10 May 2,2005 (between City of Kent and Greater Seattle Intergroup) The Tenant shall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Lease, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that tlus Lease is subject to RCW 4.24.115,then, in the event of liability for damages ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Tenant and the Owner, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Tenant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of tlus indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of tlus Lease. 12. LIENS AND INSOLVENCY Tenant shall keep the leased premises,Commons, and property in which the leased premises are situated, free from any liens ansing out of any work performed, materials furnished or obligations incurred by Tenant. In the event Tenant becomes insolvent,voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the Tenant,then the Owner may cancel this lease at Owner's option. I13. ASSIGNMENT Tenant shall not assign this tease or any part thereof and shall not,let or sublet the whole or any portion of the premises without the written consent of Owner, or Owner's agent,which consent will not be unreasonably withheld by Owner. This lease shall not be assignable by operation of law. If Tenant is a corporation, then any transfer of this lease from Tenant by merger, consolidation, or liquidation and any change in the ownership of, or power to vote, the majority of its outstanding voting stock shall constitute an assignment for the purposes of this paragraph; provided however, this paragraph shall not apply if in any consolidation or merger the present major stockholder of the 1 Tenant retains substantially similar stock ownership in such merged or consolidated corporation Any assignment of this lease shall not extinguish nor diminish the liability of the Tenant herein In the event of any assignment or subletting so consented to, Tenant shall pay lump sum charge of i $750.00 for each such assignment or subletting to the Owner for its services in connection with such ■ assignment or subletting. If consent is once given by the Owner to the assignment of this lease, or any interest therein, Owner shall not be barred from afterwards refusing to consent to any further assignment. 14. ACCESS Tenant will allow Owner or Owner's agent free access at all reasonable times to said premises for the purposes of inspection, cleaning or making repairs, additions or alterations only those additions or alterations otherwise authorized or required by the terms of this lease to the premises or any property owned by or under the control of Owner, but this nght shall not be construed as an agreement on the part of the Owner to make repairs, additions, or alterations. The KENT COMMONS LEASE AGREEMENT—Page 4 of 10 May 2,2005 (between City of Kent and Greater Seattle Intergroup) Owner shall have the right to place and maintain 'For Rent' signs in a conspicuous place on said premises and to show premises to prospective tenants for 150 days prior to the expiration of this lease. 15. DAMAGE OR DESTRUCTION In the event the premises or the building is damaged to such extent as to render the premises untenantable in whole or in a substantial part thereof, or is destroyed, the Tenant shall give Owner or Owner's agent immediate written notice thereof, and,it shall be optional with the Owner to repair or rebuild the same; Owner shall have not more than 60 days after date of such notification to notify the Tenant in writing of Owner's intentions to repair or rebuild said premises, or the part so damaged as aforesaid, and if Owner elects to repair or rebuild said premises, Owner shall prosecute the work of such repairing or rebuilding without unnecessary delay, and during such period, if the damage is not the fault of the Tenant, its employees, agents or invitees, the rent of said premises shall be abated (starting when the premises or a substantial part thereof first becomes untenantable), in the same ratio that the portion of the premises rendered for the time being unfit for occupancy shall bear to the whole of the leased premises. If the Owner shall fail to give the notice afoiesaid Tenant shall have the right to declare this lease terminated effective when the premises or a substantial part thereof first became untenantable by written notice served upon the Owner or Owner's agent. In the event the building in which the premises hereby leased are located shall be damaged (even though the premises hereby leased shall not be damaged thereby or rendered untenantable)to such an extent that in the opinion of Owner it shall not be practicable to repair or rebuild, or is destroyed, then it shall be optional with Owner to temnnate this lease by written notice served on Tenant within 30 days after such damage. 16. NOTICES All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail, postage prepaid, by either registered mail or by regular mail with certificate of mailing obtained; and if to be given Owner, to be addressed to the Owner, or Owner's agent, or, if to be given Tenant, may be addressed to Tenant at the leased premises. 17. SIGNS No sign, picture, advertisement or notice shall be displayed, inscribed,painted or affixed to any of the glass, woodwork or walls of the premises, except those approved by the Owner in writing. Owner will not unreasonably withhold such approval. Any signs proposed for use by Tenant shall be painted by a sign painter designated or approved by the Owner. All signs so placed shall be removed at Tenant's expense prior to termination of tenancy and premises restored to original condition. No signs or devise shall be hung or placed against the windows of said premises nor be visible from the exterior of the Commons, and no furniture, curtain or other obstruction of ' KENT COMMONS LEASE AGREEMENT—Page 5 of 10 May 2,2005 (between City of Kent and Greater Seattle Intergroup) 1 any kind or size shall be placed against or in front of any glass partition dividing said premises from the corridors of said building, or placed in any way so as to interfere with the typical and ordinary appearance of the premises as viewed from the corridor and the exterior. 18. DEFAULT AND RE-ENTRY 1 If Tenant shall violate, default or not comply with any of the material covenants,agreements or provisions of this lease agreement, then the Owner may cancel this lease upon giving the notice required by law,and re-enter said premises, using such force as may be required. Notwithstanding such re-entry by the Owner, the liability of the Tenant for the rent provided for herein shall not be extinguished for the balance of the term of this lease, and Tenant covenants and agrees to make good to the Owner any deficiency each month as the amount thereof is ascertained by the Owner. In the event it becomes reasonably necessary to make any changes, alterations or additions to the premises or any part thereof for the purpose of reletttng said premises or any part thereof Tenant shall also be responsible for such cost. The failure of the Owner to insist upon strict performance of any of the covenants and agreements of this lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenant or agreements,but the same shall be and remain in full force and effect. 19. COSTS AND ATTORNEYS FEES If by reason of any default on the part of Tenant it becomes necessary for the Owner to use an attorney or in case Owner shall bring suit to recover any rent due hereunder, or for breach of any provision of this lease or to recover possession of the leased premises, or if Tenant shall bnng any action for any relief against Owner,declaratory or otherwise, arising out of this lease, the prevailing party shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be reasonable attorney's fees. In the event the Tenant defaults in the payment of rental, the Tenant agrees to pay for the reasonable cost of any attorney employed by Owner to collect the rental due and/or enforce any or all of the provisions of this agreement 20. REMOVAL OF PROPERTY j In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Owner shall have the right, but not the obligation,to remove from the leased premises all personal property located therein. Owner may store the same in any place selected by Owner, including but not /united to a public warehouse, at the expense and risk of the owners of the personal property, with the right to sell such stored property,with five(5)days notice to Tenant after it has been stored for a period of thirty (30) days or more. Proceeds of such sale shall be applied first to the cost of such sale, second to the payment of the charges for storage, if any, and third to the payment of any other sums of money wluch may then be due from Tenant to Owner under any of the terms hereof. The balance,if any,shall be paid to Tenant. I KENT COMMONS LEASE AGREEMENT—Page 6 of IQ May 2,2005 (between City of Kent and Greater Seattle Intergroup) i 21. HEIRS AND SUCCESSORS Subject to the provision hereof pertaining to assignment and subletting, the covenants and agreements of this lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. 22. CONDITIONS OF OCCUPANCY Tenant agrees to abide and be bound by the following'rules and policies of Owner, which shall be considered as covenants of this lease: Common Areas The following areas adjacent to or located in or on the premises, shall constitute common areas available for Tenant's non-exclusive use including without limitation: walkways, hallways, stairways, driveways, lavatories,janitorial rooms, mechanical rooms, electrical rooms, landscaped areas and grounds, parking areas (see paragraph 24 for additional information), and all other areas used in common by the tenants of the Kent Commons facility, Owner, and invitees and employees of the Tenant. All common areas shall be subject to Owner's management and control and shall be operated and maintained in such a manner as Owner, in its reasonable discretion, shall determine Owner may, from time to time in Owner's reasonable discretion, alter, modify or change the dimensions and location of the common areas, or designate portions of the common areas for the exclusive use of tenants of the Building;provided,however,that any such alterations,modifications or changes shall not materially interfere with Tenant's use and enjoyment of the premises as set forth in this Lease. Tenant and others entitled or allowed to use the common areas shall be subject to and shall comply with the rules and regulations applicable to the common areas as may be established by Owner from time to time. Light and Air This lease does not grant or purport to grant any rights of access to light or air over property, and this lease does not warrant or protect against interferences with light or air in the leased premises by any construction upon adjacent,abutting or nearby property. Electrical Installations Tenant shall not, without the written consent of Owner, operate or install any electrical equipment or machinery(other than ordinary office equipment, including but not limited to copying machines),or replace or move any electric light fixtures provided, however, that with the consent of Owner,Tenant may replace building light fixtures of his own choice with the express understanding that such installation will not increase the Tenant's consumption of electricity, and that the cost of such fixtures and installation shall be at Tenant's sole expense. It is further agreed that Tenant shall at the expiration or sooner termination of the lease upon demand of Owner pay the cost of replacing the standard light fixtures belonging to Owner. KENT COMMONS LEASE AGREEMENT—Page 7 of 10 May 2,2005 (between City of Kent and Greater Seattle Intergroup) jAwnings No awnings shall be attached to the outside of any windows or to the building of which the premises are apart. Windows The Tenant shall not allow anything to be placed on the outside window ledge of said premises; and nothing shall be thrown by the Tenant or others out of the window of said building. Floor Coverings The Tenant or other person shall not lay linoleum or other floor covering without prior written approval of the Owner. The tacking or fastening of any flooring material to the baseboard or baseboard molding is expressly prohibited. Tacking strips installed by Tenant, with Owner's consent, shall, at the option of Owner be removed and floor repaired at the expiration of lease, at Tenant's expense. Furniture and Bulky Articles Safes, furniture or bulky articles shall be moved in or out of said premises only at such hours and in such manner as shall least inconvenience other occupants of the building and minimize injury or damage to the premises and Commons and when and as the Owner shall reasonably decide; and no safe or other article of over 2,500 pounds shall be moved into said premises without the consent of the Owner, which consent will not be unreasonably withheld, the Owner to have the right to 6x the position of any article of such weight in said premises. Miscellaneous (a) Water closets and other water fixtures shall not be used for any purposes other than I those for which they are intended, and any damage resulting from misuse on the part of the Tenant, its agents or employees, shall be paid for by Tenant. No person shall waste water by interfering or tampering with the faucets or otherwise. (b) Owner reserves the right to close and keep locked all entrance and exit doors of the building during such hours as Owner may deem to be advisable for the adequate protection of the property,provided that the Tenant shall have access to the premises. (c) The Tenant agrees that Tenant and Tenant's employees shall use only the parking stalls designated in paragraph 24 below of this lease. (d) Owner reserves the right to make such other and further reasonable regulations as in its judgment may from time to time be needed or desirable for the safety, care and cleanliness of the premises of the Commons and the preservation of good order therein KENT COMMONS LEASE AGREEMENT—Page 8 of 10 May 2,2005 (between City of Kent and Greater Seattle Intergroup) (e) All doors to public corridors shall be kept closed except for ingress and egress. 23. HOLDOVER If the Tenant shall, with the written consent of Owner, holdover after the expiration of the term of this lease, such tenancy shall be for an indefinite period of time on a month to month tenancy, such tenancy may be terminated as provided by the laws of the State of Washington. During such tenancy Tenant agrees to pay to the Owner the satne rate of rental as set forth herein, unless a different rate is agreed upon,and to be bound by all of the terms,covenants, and conditions as herein specified, so far as applicable. 24. EMPLOYEE PARKING FACILITIES Parking for Tenant and its employees will only be provided on the South side of the i Commons building in the designated"Staff Parking Only" area_ 25. SUBORDINATION i Upon Owner entering into any financing or refinancing affecting the subject premises, Tenant agrees to execute documents at the request of Owner to subordinate this lease to any mortgage,(or deed of trust or other security) granted to a financing institution or other secured party or entity. ' 26. COMMUNICATIONS Tenant is responsible for all installation,operation and termination charges related to its own independent telephone system, including, but not limited to, costs, expenses and charges for telephone equipment and line charges, line installation, inside wiring, re-configuration, and system repairs. Tenant shall mstall a system compatible with Owner's system and shall coordinate and schedule with the Owner all work by communications vendors for installation of such a compatible system. Tenant shall notify the City thirty (30) days in advance of terminating their telephone service or increasing/decreasmg the size of their telephone system. Tenant shall be responsible for acquiring and paying for local telephone directories. 27. ANTI-DISCRIMINATION In all luring or employment made possible or resulting from this agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap,unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be lirmted to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training,including apprenticeship. KENT COMMONS LEASE AGREEMENT—Page 9 of 10 May 2,2005 (between City of Kent and Greater Seattle Intergroup) i No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from tlus agreement on the grounds of sex,race, color, creed, national origin, age except mmimum age and retirement provisions, marital status, or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination or suspension in whole or in part, of the agreement by the Owner and may result in ineligibility for fiutber City agreements. The foregoing conditions are mutually agreed to by the Owner and the Tenant. TENANT: OWNER: City of Kent,a municipal corporation of �- the State of Washington Title: C,"A Title: Date: A4,��q y Date: APPROVED AS TO FORM: Kent Law Department P1CinPFQ.ES10penFil�pIOS?1gSRen,Cormpie-G$I-Alm�q�i¢Mp,q,npsts�Agrh„�,,dx i i KENT COMMONS LEASE AGREEMENT—Page 10 of 10 May2,2005 (between City of Kent and Greater Seattle Intergroup) Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: SOROPTIMIST DONATION FOR SERVICE CLUB PARK— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the $10,000 donation from Soroptimist International for Service Club Park development, and authorize the expenditure of funds in the Service Club Ball Fields budget. In 1999, Soroptimist International of Kent pledged support in the amount of$37,500 for the Service Club Park. Local Kent Service clubs have pledged $140,000 towards construction of the ball fields and $37,500 for play equipment. To recognize their contributions, ball fields and play equipment at the park will be named for each club. The park is under construction this year and scheduled to be open for play in the Spring of 2006, 3. EXHIBITS: Revenue report 4. RECOMMENDED BY: Revenue report (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? A Currently in the Budget? Yes X No If no• Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6J R55GA006 City of Kent 5/232005 Page 1 Journal Entry f Budget Change Doc# 31949 Ledger Type: AA Journal Entry Doc Type: JR Batch#. 57112 IExplanation PP&D#100 Serwce Club Donat GIL Date: 5/23/2005 Automatic Reversal? No Created by: JBROOM Last Changed by. JBROOM Line# BUmt Object Subsidiary Subledger Debit Amount Credit Amount Account Explanation Reference 10 P20024 56710 1000000- Service Club/Soroptomist 20 1 11110 0010 10 000 00 Service Club/Soropto mist Journal Entry Totals: 10,000 00 10,000 00- Dept-Authorized by: Finance-Reviewed by: i Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: WEST FENWICK PARK PICNIC SHELTER RESTROOM DESIGN CONSULTANT AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Agreement with David A. Clark Architect, PLLC in the amount of$30,388.45, to develop design and construction drawings for the restroom and new picnic shelter at West Fenwick Park, upon review by the City Attorney. The restroom building was damaged by arson fire in April 2004. The damaged structure was inspected by a structural engineer. Staff took this opportunity to re- design the existing restroom roofline to incorporate environmentally sustainable and vandal resistant building practices that include an extended covered picnic area and a green roof system. The GreenGnd® roof system will provide insulation, storm water retention, as well as an a aesthetically pleasing view from the homes above the park. The project is partially funded through an insurance claim reimbursement for the vandalism. 3. EXHIBITS: Consultant agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K I KENT W.S...GT.. CONSULTANT SERVICES AGREEMENT between the City of Kent and David A. Clark Architects, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and David A. Clark Architects, PLLC organized under the laws of the State of Washington, located and doing business at 11737 SE 256t" Place, Kent, Washington 98031-7897 (hereinafter the "Consultant"). rI. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide design and construction drawings for the restroom/picnic shelter building at West Fenwick Park as described in the Consultant's Proposal dated March 2, 2005 and revised May 31, 2005 attached and incorporated as Exhibit A Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks descnbed in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I within ninety(90) days. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Thousand, Three Hundred Eighty-eight Dollars and 45/100ths ($30,388.45) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work descnbed 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 supplemental 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 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 o f the invoice not in dispute. In that event, t he p arties will i mmediately m ake every effort to settle the disputed portion. j CONSULTANT SERVICES AGREEMENT- I (Over$10,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that 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. 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 Iiability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this j Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the s 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 Adnninistrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 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 negligent 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 LMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. I I 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. I.C. 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 i CONSULTANT SERVICES AGREEMENT-2 (Over S10,000) M 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 R IGHT O F I NSPECTION. E ven 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 w ork m ust meet the approval of the City ands hall b e subject to the C ity's general r ight o f inspection to secure satisfactory completion. 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 frlmg suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in «riting 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, in addition to any other recovery or award provided by law; provide d, 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 assigrmient, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-3 (Over $10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless nr 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 pact 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 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. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By By: (sgnauueJ (signature) Print Name: Print Name: Jim White Its Its Mayor (Tide) (Tide) DATE- DATE- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Dave Clark PeryBrooks, Project Manager David A. Clark Architects,PLLC Kent Parks,Recreation &Community Services 11737 SE 256th Place 220 Fourth Avenue South Kent, WA 98031-7897 Kent,WA 98032-5895 (253) 813-8877 (telephone) (253) 856-5114(telephone) (253) 854-7898 (facsimile) (253) 856-6050(facsimile) APPROVED AS TO FORM: Kent Law Department West Fenwick Palk Resin nri Design CONSULTANT SERVICES AGREEMENT-4 (Over $10,000) I 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 1 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. Dated this day of ,2005. By: For: Title: Date, EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE- January 1, 1999 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-2 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 David A. Clark Architects, PLLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as West Fenwick Park Restroom Design 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. Dated this day of 12005. By. For- Title: I Date: i 1 EEO COMPLIANCE DOCUMENTS-3 1 EXHIBIT A - Kent Parks,Recreation and Community Services West Fen}Pick Park Prepared 2-Mar-05 VetYR'estr ottSh�"e�13u3di'tAcsi n tY•D ar win63 otil 2evtsed 31-May-05 Total Drafnne Pnncitial Hours Fee Preliminary Design $ 3,51293 Site Visit,documentation 0 6989 2 127.52 2 $ 25504 Compile exist data I 6989 0 12752 1 S 6989 Preliminary Design 0 6989 6 12752 6 S 76512 PD drawings 0 6989 5 12752 5 $ 63760 Client Mecungs(entire project) 0 6989 12 12752 12 S 1,53024 Consultant meetings(entire project) 0 6989 2 12752 2 S 25504 Work Completed on previous rebuild project $ 1,15135 PD.Const drawings,meetings 11 6989 3 12752 14 S 1,15135 AS,-Eenst-d ewing�rta flg+ — 4 6999 6 i 27 52 48 9 1,044 68 No charge Construction Drawings $ 5,76901 0-001 General Sheet 5 6989 1 12752 6 S 47697 A-100 Site Plan 10 6989 3 12752 13 S 1,081 46 A-101 Plans 15 6989 5 12752 20 S 1,68595 A-201 Elevations 12 6989 2 12752 14 S 1,09372 A-501 Details 15 6989 3 12752 18 S 1,43091 S-001 Structural Notes Staaleson Engineering,P C (Sub Consult) S 4,50000 S-101 Foundation Plan,Details S-102 Roof Framing Plan S-103 Details P-001 General Notes TEC Engineering (Sub Consult) $ 2,90000 P-101 Plumbing Plan P-601 Fixture Schedule E-001 General Notes 3 Omega Engineering,Inc. (Sub Consult) S 3,565 OD E-101 Electrical Floor Plan,Panel Schedules E-601 One Line,Fixture Schedules Specifications $ 7,26864 00020 Scope of Work By others 00030 Call for Bids By others 00100 Instructions for Bidders By others 00200 Checklist of Required Bid Forts By others 00220 Contractor's Qualifications Statement By others 00300 Bid Proposal By others 00400 Non Coll form By others 00410 EOE Form By others 00430 Compliance Ponn By others 00480 Sub List By others 00481 3%Sub List By others 00490 Bid Bond By others 00500 Contract By others 00700 General Conditions By others 00900 EOE Policy By others 00310 EOE Comp Statement By others 00900 Perf/Payment Bonds By Others 00950 Prevailing Wage Rates By others David A Clark Architects,PLLC West Fenwick Park Restmom Proposal design only 053105 5/31/2005,3 33 PM 1000 Special Conditions _ By others 1200 Project Meetings By others 1330 Submittals By others 1770 Project Closeout By others 1780 Project Recur d Drawings By others 1830 Operation and Maintenance By others 2200 ExczLanon,Grading and Compaction 0 4846 3 12752 3 S 38256 2500 Asphalt Paving 0 4946 2 12752 2 S 25504 2700 Site Utilities 0 4846 3 12752 3 S 38256 2810 Irrigation By others 2900 Landscaping By others 3240 Fiberous Reinforcing 0 6989 3 12752 3 S 39256 3300 Concrete 0 6989 3 12752 3 S 39256 3400 Hollow Core Planks 0 6989 6 12752 6 S 765 12 4220 CMU 0 6989 3 12752 3 $ 382.56 5500 Metal Fabneanons 0 6989 3 12752 3 $ 381.56 6200 Finish Carpentry 0 6989 4 12752 4 S 51008 7200 Insulation 0 6989 3 12752 3 S 38256 7400 Single Ply Membrane Roofing 0 6989 4 12752 4 S 51003 7620 Metal Flashing and Trim 0 6989 4 127 52 4 S 51008 7900 Caulking and Sealants 0 6989 2 12752 2 S 25S 04 8100 FM Doors&Frames 0 6989 2 12757 2 S 25504 8 710 Finish Hardware 0 6989 2 12752 2 S 25504 9900 Painting 0 6999 2 12752 2 S 25504 10165 Toilet partitions 0 6989 2 12752 2 S 25504 10440 Signage 0 6989 2 12752 2 5 25504 10800 Toilet Accessories 0 6999 4 12752 4 S 510 08 15000 Mechanical Specifications Included above 16000 Electrical Specifications Included above Cost Estimating S 76S 12 Final Cost Estimate 0 6989 6 12752 6 S 76512 Bidding S 95540 Prebid meeting 0 6989 15 12752 1.5 $ 191 28 Bidding 0 6989 6 12752 6 S 76512 Exclusions Construction Admen-will be done on an hourly basis Reirnbursables Any work beyond S outside of the building AllB Work All Boiler Plate,Bid documents Assumptions 4 month construction period DACA handles Pei alit submittal and revisions David A Clark Arcluiects,PLLC West Fenwick Park Restroom Proposal design only 053105 5l3112005,3 38 PM I ATTACHMENT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor 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 her eunder by the Contractor,their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising fiom premises, operations,independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract.The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Contractor'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. 2 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington 3. Professional Liability insurance appropriate to the Consultant's profession B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liabihty Insurance shall be written with limits no less than$1,000,000 each occur ence, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit 2. Professional Liability insurance shall be wr itten with limits no less thaa$1,000,000 per claim and $1,000,000 policy aggregate limit i EXHIBIT B (Continued ) 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 Contractor'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 Contractor's insurance and shall not contnbute with it 2 The Contractor'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 contractor 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 Contractor'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 iContractor 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 Contractor 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 Contractor i Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: SERVICE CLUB PARK PICNIC SHELTER CONCESSION/ RESTROOM DESIGN CONSULTANT AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Agreement with David A. Clark, PLLC in the amount of S47,796 97, to develop design and construction drawings for a concession stand, picnic shelter and restroom at Service Club Park, upon review by the City Attorney. The Service Club Park project master plan was approved by Council December 14, 2004. Park staff made the decision to advertise the park construction and shelter construction separately. The design will incorporate a concession stand, restroom facilities and picnic areas all under one roof. The consultant was chosen from the City's architectural and engineering roster. 3. EXHIBITS: Consultant agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6L ' ' KENT W.1 T.. CONSULTANT SERVICES AGREEMENT between the City of Kent and David A. Clark Architects, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and David A. Clark Architects, PLLC organized under the laws of the State of Washington, located and doing business at 11737 SE 256i1' Place, Kent, Washington 98030-7897 (hereinafter the "Consultant"). L DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide design, construction drawings, and specifications for the restroom/concession building at the future Service Clubs Park as described in the Consultant's Proposal #010605 dated August 16, 2004 and revised January 6, 2005 attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. It. 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. Upon the effective date of this Agreement,Consultant shall complete the work described in Section I within six months. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Seven Thousand, Seven Hundred Ninety-Six Dollars and 97/100ths ($47,796.97) 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 supplemental 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 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. CANCIT1 TANTCFRvir'FC ArRFFMFNT- 1 _ IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that 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 V. COORDINATION. The City, on its own or through other consultants or agents, will perform design or other preconstruction work outside the scope of Consultant's services on this project A description of the scope of work to be perfornied by these other consultants, contractors or agents (collectively, the "listed consultants"), together with contact information for those listed consultants known at the tiine of drafting this Agreement, is attached as Exhibit C. The City will supplement this list with specific contact information as it hires other listed consultants. The Consultant shall cooperate with and coordinate the Consultant's work with all other listed consultants. The Consultant represents, and the City relies upon the Consultant's representation, that it will communicate and coordinate with the listed consultants throughout project design to assure that the Consultant's work comprises part of an integrated design that will function correctly and as planned when constructed by the City. The Consultant is not a guarantor of the other listed consultant's work, but the Consultant does have a duty to inform itself fully of the other listed consultant's designs in order to create a successfully integrated project. If the Consultant determines that the work of any other listed consultant will not coordinate with the Consultant's design or work or that the other listed consultant's design or work will obstruct or interfere with a final, integrated and successful project design, the Consultant will immediately inform the City of this conflict. The City will resolve any disagreements that may arise among the Consultant and listed consultants over the method,design,or order of doing project work. The City's decision on these matters will be final The coordination of the work shall be taken into account by the Consultant and any resulting costs shall be incidental and included within the bid prices in this Agreement. VI. 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. VII. 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 VIII. 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 negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. (YINNI It TANT CFRVIrFN Ar.RFFMFNT 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. L 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. The provisions of this section shall survive the expiration or termination of this Agreement. 1X. 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. X. 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. XI. 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 XII. 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 XIII. 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. XIV. 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 MNCI1l TANT 2FRvfrFC A(:RFFMFNT-I 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, 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 VIII 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 shalt 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 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. rnNg1 TT TANT gFRvirFq AGRFFMFNT-A i 1 IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONSVtTA - CITY OF KENT: By NZA-yz*k By: (signature) (signature) Print Name: David A. Clark Print Name: Jim White Its Operating Member Its Mayor (Titre) (role) DATE: May I I. 2005 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: ' Dave Clark Shane Gilbertson,Project Manager David A. Clark Architects,PLLC Kent Parks, Recreation&Community Services 11737 SE 256th Place 220 Fourth Avenue South Kent, WA 98030-7897 Kent, WA 98032-5895 1 (253) 813-8877(telephone) (253)856-5115 (telephone) 253) 854-7898(facsimile) (253)856-6050(facsimile) APPROVED AS TO FORM: r Kent City Attorney Service Clubs Part.Restroorn/Concession Budding t I r rivvt II TANT CFR V TCFR AnRFFMFNT-S 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. Dated this �rl — day of "1 2005. By: For. -DA410 A-, CLAP-V- NA-C 4TTEC�Te(,L<. Title: _ ►S6 t gwam Date: EEO COMPLIANCE DOCUMENTS- I ' CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 1 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: i1. 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-2 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 David A. Clark Architects, PLLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Service Clubs Park Restroom/Concession Building 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. Dated this day of ,2005. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-33 t EXHIBIT A a a , Kent Parks,Recreation and Community Services Prepared 16-Aug-04 Service Clubs Ballfields Revised 6-tan-05 es o cesst : utl m Total Draftine Principal Hairs Fee Preliminary DesignS 4,97695 Meetings 0 6989 15 12752 15 S 1,91280 Site Visit,documentation 2 6989 2 12752 4 $ 39482 Compile exist data 2 6989 0 12752 2 $ 13978 Preliminary Design 0 6989 11 12752 11 S 1.40272 PD drawings 3 6989 4 12752 7 S 71975 Meetings 0 6989 0 12752 0 S - Consultant meetings 0 6989 0 12752 0 S PD Revisions 4 6989 1 12752 5 S 407 08 1 Construction Drawings S 23,994 85 T-001 Title Sheet 4 6989 1 12752 5 S 40708 G-001 General Sheet 6 6999 1 12752 7 S 54696 S-001 Structural Notes 45 5000 8 10000 53 S 6,15000 (Sub Consult) S-101 Foundation Plan,Details S-102 Roof fratmngPlan S-103 Details Restroom/Concession A-101 Floor plans 14 6989 3 12752 17 S 06102 A-102 Finish PlansiScbedules 10 69,99 3 12752 13 S 1,08146 A-103 Reflected Ceiling Plan 8 6989 3 12752 11 S 94168 A-201 Elevations 9 6989 3 12752 12 $ 1,01157 A-301 Building Sections 12 6989 3 12752 15 S 122124 A401 In tenor Elevations 11 6989 3 12752 14 $ 1,15135 A-501 Details 14 6989 3 12752 17 S 1,36102 A-601 Door/Window Schedules,Details 9 6989 3 12752 12 S 1,01157 Shelter A-i Ol Floor plans 0 6989 0 17752 0 S - A-201 Elevations,section 0 6989 0 12752 0 S A-501 Details 0 6989 0 12752 0 $ - 1 IYtlP Mechanical&Plumbing Wood Harbinger S 3,150 00 (Sub Consult) E Electrical Wood Harbinger S 4,60000 (Sub Consult) speci0cations S 2,82517 OW20 Scope of Work By others 00030 Call for Bids By others 00100 Instructions for Bidders By others 00200 Checklist of Required Bid Forms By others 00220 Contractor's QuahrrcationsStatement By others 00300 Bid Proposal By others 1 David A Clark Archuects,PLLC Service Clubs Ballfields Proposal 010605 11612005,4 25 PM 00400 Non Coll form By others C0410 EOE Form By others 00430 Compliance Form By others 00480 Sub List By others 00481 3%Sub List By others 00190 Bid Bond By others 00500 Contact By others 00700 General Conditions By others 00800 EOE Policy By others DOS10 EDE Comp Statement By others 00900 PerRPayment Bonds By others 00950 Prevailing Wage Rates By others 1000 Special Conditions By otters 1200 Project Meetings By otters 1330 Submittals By others 1770 Project Closeout By others 1780 Project Record Drawings By others 1830 Operation and Maintenance By others 2200 Excavation,Grading and Compaction 05 6989 25 12752 3 S 353.75 2500 Asphalt Paving By others 2700 Site Unldtes By others 2810 Irrigation By others 2900 Landscaping By others 3240 Fiberous Reinforcing 05 6989 01 127 52 06 S 4770 3300 Concrete 05 6989 025 12752 075 3 6683 4220 CMU 05 6989 0 25 12752 075 $ 6683 5500 Metal Fabneations 05 6989 1 12752 1 5 S 16247 6100 Rough Carpentry 05 6989 1 12752 1 5 S 16247 6200 Finish Carpentry 05 6989 1 127 52 1.5 S 16247 7200 Insulation 05 6989 05 12752 1 $ 9971 7400 Metal Roofing 05 6999 05 12752 1 S 9871 7620 Metal Flashing and Trim 05 6999 01 12752 0.6 S 4770 7900 Caulking and Sealants 05 6989 01 12752 0.6 S 4770 8100 HM Doors&Frames 05 6989 01 12752 06 $ 4770 8710 Finish Hardware 2 69.89 3 12752 5 S 52234 9900 Painting 05 6989 1 12752 15 $ 16247 10165 Toilet partitions 05 6989 1 127.52 1 5 S 16247 10440 Signage 05 6999 1 12752 L5 S 16247 10800 Toilet Accessories 1 6989 2 127.52 3 S 32493 15000 Mechanical Specifications 05 12752 05 S 63.76 16000 Electrical S pecifications 05 12752 05 $ 6376 Construction Administration/Observation(estimate only -will be hourly rates) S 15,174 88 Pre-Bid Mtg 0 6989 3 127.52 3 $ 38256 Pre-Con Mtg 0 6989 3 12752 3 S 382 56 4 Visits/Month during Construction 0 hrs/mtg 48 12752 48 $ 1224192 Pay Applications 0 hrs/pay 5 12752 5 S 1,27520 Punch List 0 69.89 4 12752 4 S 51008 Close out papers 0 6989 3 12752 3 $ 38256 g'"" E`=iar Otiscrvafon r�s �¢ , ;µ]d oh**geed ai�nunt�;5, 6 U90.0�t shmafed a di iona ur Exclusions Reimbursables Any work beyond S outside of the budding SEPA Work Boiler Plate,Bidding Documents Assumptions, D 4CA handles Permit submittal and revisions David A.Clark Architects,PLLC Service Clubs Ballfields Proposal 010605 1/6/2005,4 25 PM i . r ' ATTACHMENT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Conti actor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to per sons or damage to property which may arise fi om or in connection with the performance of the work her eunder by the Contractor,their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below- 1 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Contractor'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. 2 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington 3. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance iContractor shall maintain the following insurance limits: I Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. i2 Professional Liability insurance shall be wi itten with limits no less than$1,000,000 per claim and$1,000,000 policy aggregate limit I i I EXHIBIT B (Continued ) 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 Contractor's insurance coverage shall be primary insurance as i espect the City , Any Insuiance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it 2 The Contractor'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 marl,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 contractor 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 Contractor'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 ANII. , E. Verification of Coverage Contractor 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 Contractor 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 Contractor. j EXHIBIT C Service Clubs Park Consultants Baima & Holmberg, Inc. SB &Associates, Inc. 100 Front Street South 1148 NW Leary Way Issaquah, WA 98027-3817 Seattle, WA 98107 (425) 392-0250, FAX (425) 391-3055 (206)789-2133; FAX (206) 789-2186 Wood/Harbinger, Inc. Yoshio Ohno 3025 112tn Avenue NE, Suite 200 Ohno Construction Company Bellevue, WA 98004-8002 9416 MI King Jr. Way S. (425)822-9499, FAX (425) 822-4338 Seattle, WA 98118 r r t 1 i 1 Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: FACILITY SPACE LEASE RENEWAL FOR KIDDE FIRE TRAINERS —AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Mayor to sign the lease agreement with Kidde Fire Trainers. Kidde Fire Trainers (formally Symtron Systems, Inc) has been leasing office space from the City of Kent since November of 2001 This has improved both response times for repairs and maintenance to the training tower burn simulators. Recently the Fire Department needed to take back approximately '/z of the square ' footage that was previously being used by Kidde Fire Trainer so that we can conduct our breathing apparatus fit testing in one location. tThe lease agreement has been changed to reflect the business name, reduced size of space, reduced monthly lease payment, and is for the remaining six (6) months of 2005. Another lease will be issued this fall for the full year of 2006. This lease agreement has been reviewed by the City Attorney's Office. t3. EXHIBITS: Lease agreement 4. RECOMMENDED BY: Public Safety Committee 6/23/05 (Committee, Staff, Examiner, Commission, etc.) I 5. FISCAL IMPACT Expenditure? 0 Revenue? S600 Currently in the Budget? Yes X No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund 10003100.56240 Amount $600 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M LEASE 1. PARTIES. This Lease is entered into this July 1,2005, by and between THE CITY OF KENT, a Washington municipal corporation("Landlord"), and Kidde Fire Trainers, a corporation("Tenant") 2. PREMISES. In consideration of the rents and covenants and under the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms and conditions herein set forth that certain space (the "Premises")containing approximately_50_square feet of net leasable floor area,all as shown on Exhibit A to be attached hereto and incorporated herein by this reference upon mutual satisfaction of the contingency set forth. The Premises constitute a portion of a building(the "Building") located at 24611 1161h Ave SE, Kent, Washington. 3. COMMON AREAS. The following areas adjacent to or located in or on the Premises, Building or Land shall constitute common areas available for Tenant's non-exclusive use including without limitation- walkways, hallways, stairways, driveways, lavatories, janitorial rooms,mechanical rooms, electrical rooms, landscaped areas and grounds, parking areas, and all other areas used in common by the tenants of the Building, Landlord,and invitees and employees of Tenant All common areas shall be subject to Landlord's management and control and shall be operated and maintained in such manner ' as Landlord, in its reasonable discretion, shall determine Landlord may, from time to time in Landlord's reasonable discretion, alter,modify or change the dimensions and location of the common areas, or designate portions of the common areas for the exclusive use of tenants of the Building; provided,however,that any such alterations, modifications or changes shall not materially interfere with Tenant's use and enjoyment of the Premises as set forth in this Lease. Tenant and others entitled or allowed to use the common areas shall be subject to and shall comply with rules and regulations applicable to the common areas as may be established by Landlord from time to time 4. LEASE TERM AND COMMENCEMENT DATE. This Lease shall be for a term of _6_months and shall commence on July 6, 2005 (the " Commencement Date")and shall end on_December 31, 2005_(the "Termination Date"). 5. RENT; ADDITIONAL RENT. 5.1 Monthly Rent. Tenant agrees to pay Landlord as Rent,without notice or demand, the sum of $_100_per month, ("Monthly Rent"), in advance, on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof Monthly Rent for any period during the term hereof which is for less than one month shall be a prorated portion of the Monthly 1 1 Rent herein,based upon a thirty-(30) day month. The Monthly Rent payable hereunder shall be subject to adjustment as hereinafter provided in subparagraph 6.2, and Tenant agrees to pay the amount of the rental adjustments, additional rent and other charges required by this Lease, all as "Additional Rent." All Rent ("Rent" being defined to include Monthly and Additional Rent) shall be paid to Landlord at the address to which notices to Landlord are to be given, in accordance with paragraph 30.16 herein,without deduction or offset in lawful money of the United States of America, or to such other persons or at such other place as Landlord may from time to time designate in writing. 6. Additional Rent. i 6.1 Definitions. In addition to the Monthly Rent called for in subparagraph 5.1 above, Tenant shall pay Tenant's share of"Operating Expenses" in accordance with this subparagraph 6.2, and the following definitions shall apply 6.2 Operating Expenses. "Operating Expenses" include any and all costs and ' expenses directly related to and incurred by Landlord in connection with. (i)the repair, operation,and maintenance of the Building, including periodic painting, roof membrane, floor covering and all other areas used in common by tenants of the Building, (u) all costs of services furnished by Landlord (provided, however, Landlord shall be required to obtain such services at rates generally competitive in the marketplace), (in) any damage caused by breaking and entering, (iv)all costs of compliance with governmental laws or the board of fire underwriters (or similar organization)now or hereafter constituted applicable to the Building, Land and common areas. 7. Lease Year. "Lease Year" shall mean the twelve-month period commencing January I and ending December 31, except for the first Lease Year which shall commence on the Commencement Date and end on the following December 31. 8. Actual Operating Expenses. "Actual Operating Expenses Allocable to the Premises: shall mean the actual amount paid or incurred by Landlord for Operating Expenses during any Lease Year of the term hereof, and allocable to the Premises based upon Tenant's share. 9. Payment of Actual Operating Expenses. Within ninety(90) days after the close of each Lease Year during the term hereof, or as soon thereafter as practicable,Landlord shall deliver to Tenant a written statement setting forth the Actual Operating Expenses Allocable to the Premises during the preceding Lease Year. Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty(30) days after receipt of such statement by Tenant. 10. Nonpayment of Operating Expenses. In the event of nonpayment of Operating 2 i 1 Expenses Allocable to the Premises hereunder,Landlord shall have the same rights with respect to such nonpayment as it has with respect to any other nonpayment of Monthly Rent hereunder. 11. USE OF PREMISES. Tenant's use and occupancy of the Premises shall be for general office uses and for no other business or purpose, without the prior written consent of Landlord 11.1 Use. Tenant shall conduct and carry on in the Premises, continuously during each and every business day of the Lease term, the business for which the Premises are leased, and shall not use the Premises for any illegal purpose. Tenant shall not commit or allow to be committed any waste in or upon the Premises Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the iBuilding. ■ 11.2 Compliance With Law. Tenant shall not use or permit the use of the Premises in any way in conflict with any law or governmental rule Tenant shall, at its sole 1 cost,promptly comply with all such laws and governmental rules and with the requirements of any board of fire underwriters OR other similar bodies now or hereafter constituted relating to the condition,use or occupancy of the Premises I only. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant that Tenant has violated any law or governmental rule, whether or not Landlord is a party, shall be conclusive of the fact as between Landlord and Tenant. 12. ALTERATIONS AND ADDITIONS. Tenant shall not make or allow to be made any ' alterations, improvements, or changes to or of the Premises or any party thereof without the prior written consent of Landlord, and all improvements, alterations, or changes so made shall become a part of the lease Premises and shall belong to Landlord upon expiration or sooner termination of this Lease. With respect to such alterations, improvements or changes to the Premises requested by Tenant, Landlord's consent shall not be unreasonably withheld. In the event Landlord consents to the making of any alterations, additions, or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, the Premises and Tenant's leasehold interest therein shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements. ' 13. MAINTENANCE AND REPAIRS. 13.1 Tenant's Obligations. By taking possession of the Premises, Tenant shall be 3 1 - i i t deemed to have accepted the Premises as being clean and in good order, condition, and repair. Tenant shall, at Tenant's expense, keep the Prermses and every part thereof in good condition and repair including without limitation the maintenance, replacement, and repair of any doors,windows, window casements, floor covering, and the plumbing, pipes,electrical wiring, and conduits within and serving the Premises, it being the intention of Landlord and Tenant that Tenant shall only have the obligation to maintain, replace or repair such plumbing,pipes and electrical wiring as are located within the exterior partition walls of the Premises Tenant shall,upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good condition, broom clean,excepting only ordinary wear and tear and destruction or damage by such conditions over which Tenant has no control, or such damage as may be due to the failure of Landlord to comply with any covenant herein contained to be performed by Landlord Damage caused by Tenant's use of the Premises shall be repaired at the ' sole cost and expense of Tenant. 13.2 Use of Contractor. Tenant shall obtain Landlord's written approval with respect ' to a choice of contractor before Tenant undertakes the making of any repairs hereunder, which approval shall not be unreasonably withheld Additionally, the Tenant shall secure written proof and assurances that person(s) retained for such work are appropriately bonded and insured 13.3 Landlord's Obligations. Landlord shall, at Landlord's expense, repair and maintain the structural portions of the Building, including the roof(and the roof membrane, except that the maintenance of the roof membrane shall constitute an Operating Expense), foundation,bearing and exterior beams and supports, flooring and subfloonng There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances, and equipment if Landlord shall have taken every reasonable measure to avoid any such injury and interference. 14. LIENS. Tenant shall keep the Premises, Tenant's leasehold interest therein and the Building and Land on which the Premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. 15. HOLD HARMLESS. Tenant shall indemnify and hold hannless Landlord from and against any and all claims arising from Tenant's use of the Premises or from the conduct of its business or from any activity, work, or other things done, permitted, or suffered by Tenant in or about the Premises or arising from any act or negligence of Tenant or any 4 r officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorneys'fees, and liabilities incurred in or about the defense of any such claim,Tenant,upon notice from Landlord, shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord Tenant hereby assumes all risk of damage to property or injury to persons in,upon,or about the Premises from any cause other than the negligence of Landlord, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agent shall be not liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the Building or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface, or from any other place resulting from dampness, or from any other cause whatsoever,unless caused by or due to the negligence of Landlord or its agents Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. Landlord shall indemnify and hold harmless Tenant from and against any and all claims arising from the activities,word or other things done,permitted or suffered by Landlord in connection with the Premises, Building, Land and common areas or arising from any act or negligence of Landlord or any officer, agent, employee, guest or invitee of Landlord, and from all costs, attorneys' fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. In any action or proceeding brought against Tenant by reason of such claim, Landlord,upon notice from Tenant, shall defend the same at Landlord's expense by counsel reasonably satisfactory to ' Tenant. 16. SUBROGATION. As long as their respective insurers so permit, Landlord and Tenant ' hereby release the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault of negligence of the other party,or anyone from whom such party may be responsible. 17. LIABILITY INSURANCE; HAZARD INSURANCE. 17.1 Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force during the term of this Lease a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the Tenant's use, occupancy, or maintenance of the Premises Such insurance shall be in amount 1 not less than $2,000,000 Combined Single Limit with respect to injuries to or death of persons, and/or destruction of or damage to property,provided, however, that Landlord acknowledges and agrees that Tenant may self-insure its liability up to $1,000,000 The limit of any such insurance shall not, however, limit the liability of Tenant hereunder Tenant may provide this insurance under a blanket policy provided said insurance shall have a landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said 5 t insurance, Landlord may,but shall not be required to, procure and maintain the ' same at the expense of Tenant Tenant shall deliver to Landlord, prior to right of entry, certificates evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord. All such policies shall be written as primary policies not contributing with and not only in excess of coverage which Landlord may carry 17.2 Hazard Insurance. Throughout the term of this Lease,Landlord shall procure and maintain fire, hazard and extended coverage insurance in the amount of replacement cost of the Building, as may be adjusted from time to time, in the exercise of Landlord's reasonable discretion. 18. SERVICES AND UTILITIES. Provided that Tenant is not in default hereunder, ' Landlord agrees to furnish to the Premises during the hours of 7.00 A M to 6:00 P M. on generally recognized business days, and during non-business hours and non-business days on an access and override basis, and subject to the reasonable rules and regulations , of the Building of which the Premises are a part,the following services (a) electricity for normal lighting and routine office machines, (b) heat and air conditioning required in Landlord's reasonable judgment for the comfortable use and occupation of the Prenuses; (c)janitorial services unless Tenant advises Landlord of Tenant's desire to provide its own janitorial services; and(d) water in quantities reasonably used by Tenant Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part Landlord shall not be liable for, and , Tenant shall not be entitled to, any reduction of Rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any , other cause, sinular or dissumlar, beyond the reasonable control of Landlord Landlord shall not be liable under any circumstances for a loss of or injury to property,however occurring, through or in connection with or incidental to failure to furnish any of the , foregoing, except to the extent such loss or injury is directly caused by Landlord. Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, , Landlord reserves the right to install supplementary au conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not,without written consent of Landlord,use any apparatus or device in the Premises, including machines which require electricity in excess of that normally used by , office machines such as photocopiers and personal computers, which will in any way increase the amount of electricity usually fumished or supplied for the use of the Premises as office space, no connect with electric current except through existing electrical outlets in the Premises as agreed to in Tenant Improvements, any apparatus or device,for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as 6 t general office space, Tenant shall first procure the written consent of Landlord,which consent shall not be unreasonably withheld,to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the excess amount of water and electric current consumed for any such use The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord, for all such water and electric current consumed as shown by said meters,at the rate charged for such services by the local public utility furnishing the same,plus any additional expense incurred in keeping account of the water and electric current so consumed If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer 19. PERSONAL PROPERTY. Where furnished by or at the expense of Tenant, all movable property, furniture, furnishings and trade fixtures, other than those affixed to the Premises so that they cannot be removed without material damage, shall remain the ' property of and be removable by Tenant, and in case of damage by reason of such removal,Tenant shall restore the Premises, Building or common areas to good order and condition. Tenant shall pay or cause to be paid before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Tenant's Tenant Improvements,equipment, furniture, fixtures, and other personal property located in the Premises 20. ENTRY BY LANDLORD. At any and all reasonable times during regular business hours, upon one (1) day's prior notice to Tenant, Landlord reserves and shall have the right to enter the Premises to inspect the same a reasonable number of times, to submit the Premises to prospective purchasers or tenants, to repair the Premises and any portion of the Building that Landlord may deem necessary or desirable, without abatement of ' Rent, and may for the purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of Tenant shall not be interfered with unreasonably Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business or any loss of occupancy or quiet enjoyment of the Premises,and any other loss occasioned thereby, if Landlord shall have taken every reasonable measure to avoid any such injury, inconvenience or interference. Landlord shall have the right to use any and all means which Landlord may deed proper to open any doors or otherwise obtain access to the Premises in an emergency, without liability to Tenant except for any failure to exercise due care for Tenant's property, and any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be forcible or unlawful entry into a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof. 21. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily or by 7 r operation of law assign, transfer, mortgage,pledge hypothecate, or encumber this Lease ' or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege appurtenant thereto or allow any person(the employees, agents, servants,and invitees of Tenant excepted)to occupy or use the Premises or any portion thereof, without the prior written consent of Landlord,which consent by Landlord shall not be unreasonably withheld. Any such assignment or subletting without compliance with the terms of this paragraph shall be void and shall, at the option of Landlord, constitute a ' default under the terms of this Lease. If Tenant is a corporation, any transfer of this Lease from Tenant by merger, consolidation, or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Tenant shall constitute an assignment for purposes of this paragraph. A consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. ' Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Landlord may assign the Rent herein provided to any person, partnership, corporation, or bank, and Tenant agrees when notified in writing by the assignee of such assignment to make the Rent payments to assignee under the terms of , said assignment. 22. HOLDING OVER. If Tenant remains in possession of the Premises or any part thereof after the expiration of the term of this Lease without the express written consent of Landlord, such occupancy shall be a tenancy from month-to-month at a rental in the amount of 120% of the last Monthly Rent,plus all other charges and Additional Rent payable hereunder, and upon all the terms hereof applicable to a month-to-month tenancy 23. TENANT'S DEFAULT. The occurrence of any one or more of the following events r shall constitute a default and breach of this Lease by Tenant 23.1 Abandonment. Tenant vacates or abandons the Premises; r 23.2 Failure to Pay Rent. Tenant fails to make any payment of Rent or any other payment required to be made by Tenant hereunder, as and when due, 23.3 Failure to Observe Other Covenants. Tenant fails to observe or perform any of , the covenants, conditions, or provisions of this Lease to be observed or performed by Tenant, other than described in subparagraph 19 1 above,where such failure shall continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant;provided, however, that if the nature of Tenant's default is such that more than thirty(30) days are reasonably required for such cure,then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30)days and thereafter, diligently prosecutes such cure to completion; r 8 t r 23.4 Misrepresentation. Tenant makes or has made or furnishes or has furnished any warranty, representation or statement to Landlord in connection with this Lease, or any other agreement to which Tenant and Landlord are parties,which is or was false or misleading in any material respect when made or furnished, or 23.5 Failure to Take Possession. Tenant fails to take possession of the Premises when landlord delivers the same by notifying Tenant that the Premises are ready for occupancy 24. REMEDIES ON DEFAULT. In the event of any default or breach by Tenant, landlord may, at any time thereafter with or without notice or demand in the exercise of a right or remedy which Landlord may have be reason of such default or breach, temunate this Lease by written notice to Tenant,revoke Tenant's right to any free Rent, reenter and take possession of the Premises without termination of this Lease, or pursue any remedy allowed by law. Tenant agrees to pay Landlord the cost of recovering possession of the Premises,the expense of reletting, and any other costs or damages ansing out of Tenant's default including, without limitation,the costs of removing persons and property from the Premises,the costs of repairing or altering the Premises for relettmg, brokers' commissions, and legal expenses and fees Notwithstanding any temmmation, reentry,or relettrng, the liability of Tenant for the Rent and Additional Rent for the balance of the term of this Lease shall not be extinguished and Tenant shall pay and Landlord may recover from Tenant at the time of termimation,reentry, or relettrng, the excess, if any,of the amount of the Rent reserved in this Lease for the balance of the term hereof over the then reasonable rental value of the Premises for the same period Reasonable rental value shall mean the amount of rental which Landlord does or could reasonably be expected to ' obtain as rent for the remaining balance of the Lease term In the event that Landlord relets the Premises or any part thereof without first terminating Tenant's right to possession pursuant to this Lease, Landlord reserves the right, at any time thereafter,to elect to terminate Tenant's right to possession to that portion of the Premises for the default that originally resulted in the relettmg. 24.1 Remedies Cumulative. The remedies hereinafter described shall be cumulative and Landlord shall be entitled to pursue any other remedy now or hereafter available to landlord under the law or judicial decisions of the State of ' Washington. 24.2 Removal of Personal Property. In the event of a retaking of possession of the Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord,Landlord may remove and store the same in any place selected by Landlord,including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may sell any or all of such property at a public or ' private sale and shall apply the proceeds of such sale first to the cost of such sale, 9 secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Tenant to Landlord under the terms of this Lease, and the balance, if any,to Tenant. Tenant hereby waives all claims for damages that may be caused by Landlord's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Tenant as herein provided and will save Landlord harmless from loss or damages occasioned by Landlord thereby, whether such lawful reentry , shall be considered or construed to be a forcible entry 25. DAMAGE AND RECONSTRUCTION. Should the Premises be damaged during the term of this Lease, Tenant shall immediately notify Landlord and the rights and , responsibilities of Landlord and Tenant shall be as follows: 25.1 Insured Damage. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith commence repair of the same to the extent of insurance proceeds available and this Lease shall remain in full force and effect,except that Tenant shall be entitled to a proportionate reduction of the Monthly Rent and Additional Rent from the date of such damage and while such repairs are being made until such repairs are substantially completed, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall unreasonably interfere with the business carved on by Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees,there shall be no abatement of Rent. ' 25.2 Other Damage. In the event the Premises are damaged as the result of any cause other than the penis covered by fire and extended coverage insurance, then ' Landlord shall forthwith commence repair of the same, provided the extent of the destruction is less than ten percent(10%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of ten , percent(10%) or more of the full replacement cost, then Landlord shall have the option(a) to repair or restore such damage, this Lease continuing in full force and effect, but the Monthly Rent and Additional Rent shall be proportionately reduced as hereinabove provided as of the date of such damage and while such repairs are being made until such repairs are substantially completed, or(b)to give notice to Tenant at any time within sixty (60)days after such damage, terminating this , Lease as of the date specified by Landlord 25.3 Damage to Tenant's Property. Landlord shall not be required to repair any , injury or damage by fire or other cause or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant, ' unless such damage shall have occurred as a result of the gross negligence of Landlord. 10 26. EMINENT DOMAIN. If the whole of the Premises(or the whole or part of the Building) shall be acquired or condemned by eminent domain for any public or quasi- public use, or if a part of the Premises is so taken so that the Premises are rendered unsuitable for the business of Tenant, then the term of this Lease shall termmate as of the date title or possession shall be transferred in such proceeding,whichever shall occur first. In the event of a partial taking or condemnation which is not extensive enough to render the Premises unsuitable for the business of Tenant,then Landlord shall restore the Premises to a condition comparable to its condition immediately prior to such taking less the portion lost in the taking, and this Lease shall continue in full force and effect provided, however,that the Monthly Rent and Additional Rent shall abate in the same ratio that the portion of the Premises so taken bears to the whole of the Premises Landlord shall have the right to receive the compensation of damages awarded upon either such total or partial taking and Tenant shall have no claim thereto; provided that Tenant may independently pursue an award or compensation to Tenant for the taking of Tenant's personal property or fixtures or for the interruption of or damage to Tenant's business and for any other interest of Tenant. ' 27. TENANT SIGNS. No srgnage shall be installed on the Prermses or Building by Tenant. The Landlord shall install all srgnage within the Building and Premises at Landlord's expense, as a part of the completion of the Tenant Improvements 28. SUBORDINATION AND MODIFICATION BY LENDER. Tenant agrees that this ' Lease shall be subordinate to any mortgage or deed of trust that may hereafter be placed upon the Premises or the Building and to any and all advances to be made thereunder, to the interest thereon, and all renewals, replacements, and extensions thereof; provided,the ' mortgagee or trustee named in such mortgage or deed of trust shall agree in writing to recognize the Lease of Tenant in the event of foreclosure, if Tenant is not in default In the event any mortgagee or trustee elects to have the Lease a prior lien to its mortgage or deed of trust, then in such event,upon such mortgagee or trustee notifying Tenant to that effect, this Lease shall be deemed prior in lien to the said mortgage or deed of trust whether or not this Lease is dated prior to or subsequent to the date of said mortgage or ' trust deed Within fifteen(15) days of presentation, Tenant agrees to execute any documents which such mortgagee or trustee may require to effectuate the provisions of this paragraph. Tenant further agrees that, if in connection with obtaining financing for ' the Land, Building, or Prenuses, a lender shall request modification of this Lease as a condition to such financing,Tenant shall not withhold, delay or defer its consent thereto, provided that such modifications do not increase the financial obligations of Tenant hereunder or materially adversely affect the leasehold interest hereby created. 29. TENANT'S STATEMENT. Tenant shall at any time and from time to time upon not ' less than three (3) days' prior written notice from Landlord execute, acknowledge, and deliver to Landlord a statement in writing(a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the date to which I the rental and other charges are paid in advance, if any,and(b)acknowledging that there ' are, to Tenant's knowledge, no uncured defaults on the part of Landlord hereunder,or specifying such defaults if any are claimed, and(c) setting forth the Commencement Date and Termination Date of the term hereof Any such statement may be relied upon by any prospective purchaser or encumbrancer of the Land, Building, or Premises. 30. GENERAL PROVISIONS. Landlord and Tenant agree to the following general ' provisions 30.1 Waiver. The waiver by Landlord of any term, covenant,or condition herein , contained shall not be deemed to be the waiver of such term, covenant, or condition upon any subsequent breach of the same or of any other term, covenant, or condition herein contained The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding default by Tenant of any term, covenant, or condition of this Lease other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of , such preceding default at the time of the acceptance of such Rent 30.2 Time. Time is of the essence of this Lease and each ad all of its provisions in which performance is a factor. 30.3 Paragraph Headings. The paragraph headings of this Lease are not a part of this ' Lease and shall have no effect upon the construction or interpretation of any part hereof. 30.4 Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto. ' 30.5 Recordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum hereof may be recorded at the request of Landlord. , 30.6 Quiet Possession. Upon Tenant paying the Rent reserved hereunder and performing all of the covenants, conditions, and provisions on Tenant's part to be ' observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease. The Prenuses are leased subject to any and all existing encumbrances, conditions, rights, covenants, easements, restrictions, rights-of-way, and any matters of record, applicable zoning and building laws, and such matters as may be disclosed by inspection or survey , 30.7 Overdue Rent. Unpaid installments of the Monthly Rent, Additional Rent,or other sums due hereunder shall, if not timely paid, be subject to a late charge of 12 Fifty and No/100 Dollars ($50 00)to cover the excess costs of administration. ' Tenant hereby further agrees to pay any attorneys' fees and expenses incurred by Landlord by reason of Tenant's failure to pay Monthly Rent,Additional Rent, or other charges when due hereunder. Acceptance by Landlord of partial payment of Rent and/or interest thereon shall not constitute a waiver of any remaining unpaid Rent and/or interest. 30.8 Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or understandings pertaining to any such matters shall be effective for ' any purpose No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding upon any party until fully ' executed by both parties hereto 30.9 Inability to Perform. The time period within which any party is to fulfill an ' obligation of such the party under this Lease shall be extended by such time period that any party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike,labor ' troubles, acts of God, or any other cause beyond the reasonable control of such party. 30.10 Partial Invalidity. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. 30.11 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall whenever possible be cumulative with all other remedies at ' law or in equity. 30.12 Choice of Law. The laws of the State of Washington shall govern this Lease. ' The parties agree that venue for any action hereunder shall properly lie in King County, Washington. ' 30.13 Attorneys' Fees. In the event of any action or proceeding brought by either party against the other under this Lease, the prevailing party shall be entitled to recover for the fees of its attorneys in such action or ' proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable attorneys' fees. In addition, should it become necessary for any party to employ legal counsel to enforce any of the ' provisions herein contained because of such other party's breach of its obligations under this Lease, such party against whom enforcement is sought agrees to pay all attorneys' fees and court costs reasonably ' incurred. For the purposes of this provision, the terms "action" or 13 "proceeding" shall include arbitration, administrative, bankruptcy, and judicial proceedings including appeals therefrom 30.14 Real Estate Commission. Tenant warrants that no real estate broker or agent has been employed by Tenant or is entitled to receive any commission or fee with respect to this transaction other than the brokers or agents to whom Landlord has consented by written agreement. Tenant and Landlord shall each indemnify and save harmless the other from the claims of any real estate brokers or agents with , whom either party may have dealt with respect to this transaction,other than as so consented to by Landlord Insofar as Landlord shall have consented by wntten agreement to such brokers or agents, Landlord shall pay such commissions. ' 30.15 Execution. This Lease may be executed in several counterparts, each of which shall be deemed an original instrument. 30.16 Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certified , mail, return receipt requested, sent by facsimile,with original delivered within three (3) days, or sent by overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing ' address as herein set forth. To Landlord at. To Tenant at: ' Kent Fire & Life Safety Kidde FireTrainers 24611 166`h Ave SE 17-01 Pollitt Drive Kent, WA 98032 Fair Lawn, NJ 07410 It is understood that each party may change the address to which notice may be ' sent by giving a written notice of such change to the other party hereto in the manner herein provided. 30.17 Tenant's Corporate Authority. Tenant is a corporation, and each individual , executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said ' corporation, in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms , Tenant further represents and warrants that it is fully registered and qualified to do business in the State of Washington. 30.18 Landlord's Authority. Landlord is a Washington municipal corporation, and ' each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on ' 14 behalf of said corporation, in accordance with the provisions of such agreement as governs said corporation, and that this Lease is binding upon said corporation in accordance with its terms Landlord further represents and warrants that it is fully registered and qualified to do business in the State of Washington 30.19 Limited Partnership. It is understood and agreed that any claims by Tenant on Landlord shall be limited to the assets of the limited partnership. 30.20 Measurement Standard. All measurements of area to be made under this Lease shall be completed pursuant to the standards promulgated by the Building Owners and Managers Association("BOMA"). ' 31. CONTINGENCIES. Landlord and Tenant's obligations hereunder shall be contingent upon and subject to the mutual satisfaction of the following matters, on or before the date set forth hereinbelow. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first ' above written. TENANT LANDLORD ' By By ' STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on ' oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of the City of Kent to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My comrmssion expires ' 15 Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: FEDERAL EMERGENCY MANAGEMENT ASSOCIATION f (FEMA) EMERGENCY MANAGEMENT PLAN GRANT — ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Acceptance of a grant in the amount of S66,731 from the Washington Military Department to supplement local budget expenditures through the Federal Emergency Management Agency(FEMA) Emergency Management Performance Grant (EMPG), and authorization for the Mayor to sign the contract to receive funds The Washington State Military Department, Emergency Management Division, receives grant monies each year from FEMA through EMPG. A portion of this grant is earmarked by the state to be passed though to local jurisdictions that have emergency management programs to supplement their operating budgets. Each junsdiction that applies and meets the qualifications specified in WAC 118-09-040 is awarded a grant based on the size of their emergency 1 management operating budget Funds are utilized by local jurisdictions to help provide an emergency management capability. The Statement of Work, which is included in the contract, outlines the objectives, goals, and deliverables that were identified when the grant monies were applied for. The City Attorney's office has reviewed the contract. 3. EXHIBITS: Contract with State of Washington Military Department, Emergency Management Division 4. RECOMMENDED BY: Public Safety Committee 6/23/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund V00032 6XXXX.2150 Amount $66,731 Unbudgeted Revenue: Fund V00032 53316 Amount $66,731 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' Council Agenda Item No. 6N Washington State Military Department CONTRACT FACE SHEET 1 Contractor Name and Address 2 Contract Amount 3 Contract Number City of Kent Emergency Management 24611 11-6tIn Avenue SF $ 66,7s1 E05-234 Kent, WA 98030-4939 4. Contractor's Contact Person, phone number: 5 Contract Start Date 6. Contract End Date. Brian Felczak, (253) 856-4345 October 1, 2004 December 31, 2005 7. MD Program Manager/phone number: 8 State Business License#' 9. UBI#(s ate revenue)• Michelle Sabin, (253) 512-7064 NIA 173-000-002 10 Funding Authority. Washington State Military Department(Department)and the Department of Homeland Security(DHS) 11 Funding Source Agreement#: 12 Program Index# 13 Catalog of Federal Domestic Asst 14 TIN or SSN 2005-GE 1 5-0032 75314 (CFDA)#and Title 97.042 EPrPG 91-6001254 15 Service DIs..ricts 16 Service Area by C-ountyhes, 17 Women/Minority-Owned State (BY LEGISLATIVE DISTRICT)- 31, 471 I Certified? X Kun L❑ NO (BY CONGRESSIONAL DISTRICT)' 8,9 King County ❑ YES, OPdWBE# 18. Contract Classification 197Contract Type(check all that apply) ❑ Personal Services ❑ Client Services X Public/Local Gov't act ❑ Grant ❑ Agreement Collaborative Research ❑ AIE ❑ Other overnmental (RCW 39 34) ❑ Interagency 20. Contractor Selection Process. 21 Contractor Type(check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization(Individual ❑ For-Profit ❑ Sole Source IDA/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit ❑ Advertised? ❑YES ❑ NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22 BRIEF DESCRIPTION To provide DHS Emergency Management Performance Grant (EMPG) funds to local jurisdictions that have emergency management programs to supplement their local emergency management operating budget in an effort to enhance their emergency management program. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the pate and year written beiow This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract In the event of an Inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) any other provisions of the contract incorporated by reference. This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto WHEREAS, the parties hereto have executed this contract on the day and year last specified below FOR THE DEPARTMENT FOR THE CONTRACTOR. Signature Date Signature Date 1 James M Mullen, Director Jim White, Mayor i Ei i er gel icy Management Di visioi� Washington State"lilitary Depart;lent for I APPROVED AS TO FORM City of Kent Spencer W. Daniels (signature on file) 11/25/03 Assistant Attorney General Form 10/27/00 kdb EMGP FFY 05 Page 1 of 20 City of Kent EM E05-234 SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed puce, reimbursement contract Within the total contract amount, travel, subcontracts, salaries and wages, benefits, punting, equipment, and other goods and serl:ces or ether budget categones vv l be reimbursed on an actual cost basis unless otherwise provided In this contract. ARTICLE II -- REPORTS: In addition to the reports as may be required eIJCWllere in this contract, the %GU L 0CLOr shall prepare and submit the following reports to the Department's Key Personnel: Financial #/Copies Date Quarterly Invoices 1 Within 30 days after the end of the quarter in which the work was performed. Final Invoice 1 December 31, 2005 (5hnll not axreed overall rnntrnrt amount) All contract work must end on December 31, 2005, however the contractor has up to 45 days after the expiration date to submit all final billing. Technical #ICopies Completion Date Initial Strategy Implementation Plan Online April 15, 2005 Bi-annual Strategy Implementation Report Online .tune 30, 2005 December 31, 2005 Performance Report 1 May 31, 2005 December 31, 2005 All contract work must end on December 31, 2005, however the contractor has up to 45 days after the expiration date to submit all final reports and/or deliverables. ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key m personnel. Any substitution ust be notified in wntina by the Military Department. CONTRACTOR: MILITARY DEPARTMENT: Brian Felczak, Coordinator Michelle Sabin, EMPG Program Manager ARTICLE iV --ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; A-128, Single Audit for State and Local Government; A-133, Audits of States, Local Governments, and Non-Profit Organizations ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the Department of Homeland Security (DHS) solely for the purpose of l sUnn rung •-led .� Palau ....... ent _1. emergency managem0nt piugranl5 a5 pru'vlucu uy LII Eii�eryeiiCy Iva U II Performance Grant (EMPG). The CONTRACTOR shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding, as approved by i the Department ■ 2. The Contractor shall provide a match of $66,731 of non-federal origin. Said match may be In the I--- of goods, services, and in-kind services. EMGI' FFY 05 Page 2 of 20 City of Kent EM E05-234 3. Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. Contractor 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 contract prior to distribution of appropriated federal funds. Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount 4. The Contractor understands that in order to receive Federal Fiscal Year 2006 (FFY06) federal preparedness funding, to include EMPG, the minimum National Incident Management System (NIMS) compliance requirements must be met JunsdiGbons should support NIMS implementation by Z • Completing the NIMS Awareness Course: "NIMS, An Introduction" IS 700. • Formally recognizing the NINIS and adopting the NIMS principles and policies. o Establishing a NIh^S baseline by determining which NIMS requirements you already meet. • Establishing a tlmeframe and developing a strategy for full NIMS implementation • Institutionalizing the use of the Incident Command System (ICS). Applicants will be required to certify as part of their FFY06 grant applications that they have met the FFY05 NfMS requirements. The NiMS Integration Center (NIC) web page, www fema govinlms, is updated regularly with information about the NIMS and guidance for Information. The webslte can also be used as a useful tool to determine the extent to which your jurisdiction Is already compliant, as well as identify the NIMS requirements you are not currently meeting. EMGP FFY 05 Page 3 of 20 City of Kent EM CVJ'L3'i ExhIb,t A Subreclplent Washington Military Department GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, as a state agency, any division, i•,.-. Ff',. 1 iL,,.. F,Fv fhr. flnnnrhmon n� of Ohe �ffi or or v}her .�.ffi.ri al$ section, G111ce, urlll VI Vllicl elluly of the uGNui uiiaa it, �r any v, ui�. nC�.,S lawfully representing that Department. b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient' shall mean a contractor that operates a federal or state assistance p g 4 1 a l fund and which has the authority to determine ro larll IUI which IL le(`.elVe$ leu oral funds a„ v urn both the services rendered and disposition of program funds. 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. C. "Cognizant State Agency" shall mean the state agency from which the subrecipient receives federal financial assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subreciplent unless the designation has been reassigned to a different state agency by mutual agreement. d. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. e. "CFR" — Code of Federal Regulations f. "OMI3 —Office of Management and Budget g. "RCW" - Revised Code of Washington In. 'VAC" -Washington Administrative Code. 2. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal contractors receiving financial assistance of $500,000 or more in 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 (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No A-133 Circular A-133 available on the OMB Home Page at http l/www omb qov and then select "Grants Management"followed by "Circulars". Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellcvo Block) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the State Auditor s Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. T tr Mali maintain rl � + 4 : ilita4 th �u '• ecruirem^--t ...t ll Iha CvnuaC.�Gr 7�1011 lilaiii�all reCvruS anu aCwLinnS SO a$ �C,' lac,.,.�.e' ,e �. ' ill r.,.,..,, G ..:Iv sha:: a a 1 t datable records. ensure that any suoconLraaor also maintain afiuna�,c Icwi $. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. EMGP IFFY 05 Page 4 of 20 City of Kent EM me n10 LVo- 0J The Contractor must respond to Department requests for information or corrective action concerning audit issues within 30 days of the date of request. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit to the Department and a letter stating 'there were no findirgs or if there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s) to- Accounting Manay`er Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. 3 RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with state laws and/or the provisions of this contract, the Department reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed six years following contract termination or audit resolution, whichever is later Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand In the event that the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs thereof, including reasonable attorney's fees. 4. EVALUATION AND MONITORING a. The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the Department that are pertinent to the intent of this contract. b. The Department or the State Auditor or any of their representatives shall have full access to and the right to examine during riormiai business hours and as often as the Department or the State Auditor may deem necessary, all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for six (6) years from the date final payment is made hereunder. 5. SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department. Contractor shall use a competitive procurement process in award of any contracts with subcontractors that are entered into after original contract award. 6. PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity matters relating to this contract wherein the Department's name is mentioned or language used from which the connection of the Denarfment's name may, in the i7enaftment'R ludnment, be inferred or implied The Contractor agrees not to publish or use such advertising and publicity matters without the prior written co�nsant of 9 P 9 P Y p".�" .., 1 the Department 7. NON DISCRIM,I11,41ATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to- a. Nondiscrimination in Employment The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap Such action shall include, but not be limited to, the following Employment, EMGP FFY 05 Page 5 of 20 City of Kent EM E05-234 upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or socety with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. 8. 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 Contractor must Comply `..pith the ADA which proVideS comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, sta e and local government services, and telecommunication. 9. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes in services to be performed with the funds. Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract it is mutually agreed ^I +.-....� + I+..r•.+\n.� nr \ ri +'n of 4k� termp of ti'I,C Vnntrorf Vila{{ i„o v.�..li ttniPC� made Ill all and a r s c)Dal Lh-at IIV QI LGI CILHItI vt vat to L,vtl v, u,v 111 IJ v. 11..� v..1\ -. d writing and signed by the parties hereto, ano that any oral understanding or agreements not i incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding ■ 10. TERMINATION OF CONTRACT a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this contract or if the Contractor shall violate any of its covenants, agreements, or stipulations of this contract, the Department shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the Contractor describing such default or violation b. Notwithstanding any provisions of this contract, either party may terminate this contract by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. C. Reimbursement for Contractor services performed, and not otherwise paid for by the Department pnor to the effective date of such termination, shall be as the Department reasonably determines. d. The Department may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. 11. CONTRACTOR NOT EMPLOYEE The Contractor, and/or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever. The Contractor will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Contractor 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, 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 Contractor is another state department, state agency, state university, state rnllana `ll _;,�,, state community college State board, or stale commission, That ine oniceis dilu eiiipivyeBs are employed by the state of Washington in their own right. If the Contractor is an individual currently employed by a Washington State agency, the Department , cF»!i obtainpr�p�r aplr,.rn�:gal 4r�m tha omrnicying agency nr Inctlhltinn A Ct�tPrrtPrlt Qf "rip rnnfii('t nt J\\tA\ V VlU\, interest" shall be submitted to the Department. 12. RECORDS, DOCUMENTS, AND REPORTS The Contractor shall maintain books, records, documents, and other evidence and accounting procedures and practices that sufficiently and property reflect all direct and indirect costs of any nature expended in the performance of this contract. EMGP FFY 05 Page 6 of 20 City of Kent EM E05-234 These records shall be subject at all reasonable times to inspection, review, or audit by Department personnel and other personnel duly authorized by the Department or the Office of the State Auditor The Contractor will retain all books, records, documents, and other material relevant to this contract for six (6) years after the date of grant closure or contract final expiration date, whichever applies to this document The Office of the State Auditor, or any persons dilly authorized oy the Department shall have full access to and the right to examine any of said mo-tenals during said period. 13. WAIVER OF DEFAULT Wn i,;er of arn, r1afai Q shall not be deemed to be a waiver of any subsequent default. Waiver of breach vv vu • i deemed i b waiver of t --thP n subsequent of any provision of the contract shad not be �eeme� o „e a wai any r �r _ t breach and shall not be construed to be a modification of the terms of the contract unless stated to be such in writing, signed by the Director and attached to the original contract. 14. SUBCONTRACTS All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference. 15. LEGAL RELATIONS Each party fo this contract shall be responsible for injury_ to persons or damage to property resulting ifrom negligence on the part of itself, its employees, agents, officers, or subcontractors Neither party s assumes any responsibility to the other party for the consequences of any act or omission of any third i party. 16. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with, and the Department is not responsible for determining compliance with, any and al! applicable federal, state, and local laws, regulations, andlor policies. This obligation includes, but is not limited to, nondiscrimination laws and/or policies, the Americans with Disabilities Act (ADA); Ethics in Public Service (RCW 42 52); Covenant Against Contingent Fees (48 C.F.R Sec. 52.203-5), Public Disclosure (RCW 42.17); safety and health regulations. In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any law or policy, the Department may rescind, cancel, or terminate the contract n whole or in part The r`r.,4ra^tor is responsible for any and all COStS or liability arising from the Contractor's failure to so vv"ni c comply with applicable law. 17. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fad to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal. 18. NONASSIGNABILITY Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the Contractor 19. 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 Contractor's responsibilities with respect try serV!ces provioed under This contract is orohibiteo except Uy prior Writteri consent of the Department. 20. ATTORNEY'S FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attomey's fees and costs. EMGP IFFY 05 Page 7 of 20 City of Kent EM E05-234 21. TAXES All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 22 LIMITATION OF AUTHORITY --"Authorized Signature" Only the assigned Authorized Signature for the Department or the assigned delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthers nre, any alteraf;nn amendment modification or IMaiuer of anv clause or condition of this contract is not effective or binding unless made in writing and signed by 1-1 e authonzed person. 23. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 24 CERTIFICATIOG DI" . DEBARMENT SUSPENSION OR INELIGIBILITY 91% If federal funds are the basis for this contract, the Contractor certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by Washington Military Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs". 25. SEVERABILITY In the event any term or condition of this contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract, which can be given effect without the invalid term, condition, or application. To this end, the 'terms and conditions of this contract are declared severable. Approved 11/25/03 EMGP FFY 05 Page 8 of 20 City of Kent EM E05-234 L TIMELINE Agency Organization Date 3 Washington State Military Department City of Kent, Emergency Management 10104 2004 2005 2006 Tasks OCT FEB APR MAY JUN JUL AUG OCT DEC JAN FEB 1. Complete ISIP on a online grant reporting tool. 2. Submit BSiR on a a online grant reporting tool. L3. Submit performance a a reports. 4. Submit invoices a a a a a a a with Reimbursement Form. L5. Contract expires. a ' EMGP FFY 05 Page 10 of 20 City of Kent EM Fps-234 STATEMENT OF WORK Exhibit B Emergency Management Performance Grant (EMPG) Federal Fiscal Year 2005 (FFY05) INTRODUCTION: The Washington State Military Department (Military Department), Emergency Management Division (EMD), receives grant monies each year from the Department of Homeland Security (DHS) through the Emergency Management Performance Grant (EMPG). A portion of this grant has been Identified by the state to be passed through to local jurisdictions that have emergency management programs to supplement their operating budget. Each jurisdiction that applies and meets the qualifications specified in WAC 118-09 is awarded a grant based on the size of their jurisdictions' emergency management operating budget Funds are utilized by local jurisdictions to enhance their emergency management capability. The Statement of Work outlines the objectives, goals, and deliverables the Contractor has identified to be performed for FFY05 EMPG. The Timellne outlines the schedule that the Contractor agrees to in order to fulfill the grant deliverables during the contract performance period. Tne Budget Sheet outlines the Contractor's emergency management operating budget (excluding federal funds) that is dedicated to emergency management operations. In addition, the Budget Sheet is used to announce the FFY05 EMPG award and serves as documentation for the local match to the federal funds The Contractor Agrees To: 1. Complete the objectives, goals, and deliverables as outlined in Attachment A. 2. Report progress on deliverables and addressed in Attachment A and advise the Military Department, in writing, of necessary adjustments to the content of the contract. Performance report will be submitted ' on format provided by the Military Department. 3. Submit the Initial Strategy Implementation Plan (ISIP) and Biannual Strategy Implementation Report (BSIR) to the on-line Grant Reporting Tool t%httns !!::::^.v reportno.odo dhs gov) 4. Make all supporting documentation to reports and billings available to Military Department staff for review, upon request. 5. Submit signed, approved invoice vouchers (state form A-19) within 30 days of the end of the month in which the work was performed. Each billing must include a completed Reimbursement Spreadsheet (Attachment B). The Military Department Agrees To: 1. Provide staff coordination and input such as technical information and assistance. 2. Review reports and billings for accuracy and completion. 3. Reimburse the Contractor within 30 days of receipt and approval of signed, dated invoice voucher(s) , (s1ata form n'11n), documentation olulVl+ +Vn of satisfactory completion of task's-to-clato, and documentation of costs. EnnGP FFY 05 page,9 of 20 Ch of Kent EM FQS-?34 LExhibit C BUDGET SHEET Contract expenditures shall be documented according to the following categories when appropriate LOCAL EMERGENCY MANAGEMENT OPERATING BUDGE-T SURIMnARY 2005 Approved Operating Budget Personnel $283,263 Travel $1,006 IEquipment $15,306 Supplies $20,406 Telephones $5,090 Printing $1,579 Jaint/Maint $7,344 iinsurance $152 Other** $7,471 Total All Program Costs $341,617 FFY 05 EMPG Award $66,731 The City of Kent, Emergency Management award is $66,731. This is based on the FFY05 allocation factor of 18.71% of approved local emergency management operating budgets This award will not be used to supplant existing local funds identified above The Reimbursement Spreadsheet (,Attachment I3) will accompany each A-19 invoice voucher requesting reimbursement In addition, the Contractor agrees to make all reC�rd� a_,a;lable ro nnil�tar;� flapart - . Staff upon request A total of 2.5 o of this award can be used to pay for management and administration of this contract. * RI F.-..-! I funds ' .J th ry -n.r r �r,,��__i r��.�r�a �...� �„1^IGt CNm+-Mn No icueral funds are inCiludeu in .ale Local Emergency manage, ent ..f;., ...„y Bud--,e •.. �. 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J 0 a LU ccr o22 > i o QEcUJ O m m « W C ` Cl) 5 0 aa 'ao i a_ '�-i r w rn _ — « _ LL V I C? cc Z CL to E N W W C� is c d 0 i Z a' i W In ' i CL * W t (n _m E F— E t� x W a ca U U- > z � otSz W o E d a CD Z Q —� O UCL O a fn (? F— W O re o rn F-- n`. I Substitute Request for Tax Give form to the Form MVw o payer'� requester.Do not (Rev May2^C3) Identification Number and Certification said to the IRS. Name(See Specific Instructions on page 3) {` vv l ! l�C•f7 Business name,if different from above (See;,p cifc instructions on page 3) a a Check Indlwdua{ISo1e Proprietor El Corporation ❑ ParinersMp L.J other ❑ Ecempt from o appropriate c box ❑ LLC filing as Sole Pm o pnetr ❑ LLC riling as Corporation ❑LLC fling as Padrarsh.p backup withholding a Address(number,street,andapt or suite no} Requester's name and addic.,I-piro^al) a City,state,and ZIP de / h j �114 , &�/'YU3 c),. List account number(s)here loptional) Taxpa er Identification Number TiiJ Enter your TIN in tine appropnaie oox For indwidoais,this is your socia!securty number(SSN). Social security number However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. I I t I t I I For other entities,it is your employer identification number(EIN) if you do not have a number, or see How to get a TIN on page 3 Note: If the account is in more than one name,seethe chart on page 3 for guidelines on whose number Employer ldeMificatbn number to enter. r`nrfifrre*inn v� Under penalties of perjury,I certify that t. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. lam not subject to backup withholding because (a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a fature to report all interest or dividends,or(c)the IRS has nchfied me that I am no longer subject to backup withholding,and 3. 1 am a U S person(including a U S resident alien) Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have faded to report all interest and dividends on your tax return For real estate transactions,item 2 does not apply For mortgage interest paid,acquisition or abandonment of secured property,cancellation of aebt,contributions ro an individual rehrameot arangament and gene-ally,pay*entw other than interest and dividends you are not reouired to sign the Certification,but you must prbv,de your correct TIN (Sea the inert 4+-o,^,5 on pa^y3 3) Sign Here Signature of U.S.person► � Date► Purpose of Form If you are a U S.resident alien who is relying on a exception contained A person who is required to file an information return with the IRS must in the saving clause of a tax treaty to claim an exemption from U S.tax on certain types of income,you must attach a statement that specifies obtain your correct taxpayer identification number(TIN)to report,for the following five items: example,income paid to you,real estate transactions,mortgage interest you paid,acquisition or abandonment of secured p ro 1. The treaty country Generally,th;s must be the same treaty cancellation of debt,or contnbutions you made to an IRA Pe Y P under which you claimed exemption from tax as a nonresident alien U.S person.Use form W-9 only if you are a U S person(including a 2• The treaty article addressing the income resident alien),to provide your correct TIN to the person requesting it 3. The article number(or location)in the tax treaty that contains the (the requester)and,when applicable,to. saving clause and its exceptions 1. Certify the TIN you are giving is correct(or you are waiting for a 4. The type and amount of income that qualities for the exemption number to be issued), from tax 2. Certify you are not subject to backup withholding,or 5. Sufficient facts to justify the exemption from tax under the terms 3. Claim exemebon from backup withholding if you are a U S. of the treaty article, exempt payee. Example.Article 20 of the U.S.-China income tax treaty allows an Note:tfa requestergfves you a fort other than Form W-9 to request exemption from tax for scholarship income received by a Chinese your 7W, you must use lire reQueSter';W-rM rf;t I;;uu;tart,a;y ^Ja; student temooranly present m the United States Under U S.law,tints io this Form W-9. sL:dan:v:J!become a resijent alien for tax bumoses if his or her stay in Foreign arson.If you are a foreign arson,use the appropriate Fo m the United States exceeds 5 calendar years However,paragraph 2 of IN ' tg Pub, St 5,Withholding of T P the first Protocol to the U c^rh,^a treaty(dated April 30,1984)allows Tax on Nonresident Aliens and _to «c. ch Fvrei�n E"ui w) 1,18 prc�'Is�e PS UI r"I—,cie GD t_�Ju�eq.F+� opp y c'�Ve^a ^ -- _ e$e stuaent becomes a res,aent alter,G ,:,e uri,:cv a.;..rS A ,a-So Nonresident alien who.becomes a reside—M alter, Generally pnly a student who qualifies for this excepmon (under pwagrpn 2 ar-,ne first E nonresident alien individual may use the terms of a tax treaty to reduce protocol)and Is relying on this exception to claim an exemption from or eliminate U S_tax on certain types of income However, most tax tax on his or her scholarship or fellowship income would attach to Form treaties contain a provision known as a"saving clause."Exceptions W-9 a statement that includes the information descnbed above to specified in the saving clause may permit an exemption from tax to support that exemption. continue for certain types of income even after the recipient has to otherwise become a U S.resident alien for tax purposes If you are a nonresident alien e a foreign the entity riotsubject d backup withholding,give the requester th„appropriate completed form W-8 SubsIdule I=W-9(Rev 05.2(x13) What is backup withholding?Persons making certain payments to Exempt from backup Withholding you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2003,28%after December If you are exempt,enter your name as described above and check the 31,2005). This,s called"backup withholding"Payments that may be appropriate box for your status,then check the"Exempt from backup subject to backup wahhoiding Include Interest,dividends,tiro er and Ji hhciding"box,n the line following the business name,sign and date barter exchange transacbons,rents,royalties,non-employee pay,and 'oie f•„m' certain payments from fishing boat operators Real estate transactions Generally,Individuals(including sole proprietors)are not exempt from are not subject to backup withholding backup withholding Corporations are exempt from backup withholding You will not be subject to backup withholding on payments you for certain payments,such as interest and dividends receive if you give the requester your correct TIN,make the proper Note: If you are exempt from backup withholding, you should still certifications,and report all your taxable interest and diwdenos on your complete this 0rm to avoid possible erroneous backup withholding. tax return Exempt payees.Backup withholding is not required on any payments Payments you receive will be subject to backup withholding if: made to the following payees 1. You do not furnish your TIN to the requester,or 1. An organization exempt from tax under section 501(a),any IRA, 2. You do not certify your TIN when required(see the Part II or a custodial account under section 403(b)(7)if the account satisfies instructions on page 3 for details),or the requirements of section 401(f)(2), 3 The IRS tells the requester that you furnished an incorrect TIN, 2. The United States or any of its agencies or instrumentalities; or 3. A state,the District of Columbia,a possession of the United 4. The IRS tells you that you are subject to backup withholding States,or any of their political subd:wscns or mctnumontalihac because you did not report all your interest and dividends on your tax 4. A foreign government or any of its political suoeivisions, return (for reportable interest and dividends only),or agencies,or instrumentalities,or 5. You do not certify to the requester that you are not subject to 5. An international organization or any of its agencies or backup withholding under 4 above(for reportable interest and instrumentalities, dividend accounts opened after 1983 only), Other payees that may be exem pt from backup withholding include Certain payees and payments are exempt from backup withholding 6. A corporation, See the instructions below and the separate Instructions for the Requester of Form W-9 7, A foreign central bank of issue; 8. A dealer in securities or commodities required to register in the Penalties United States,the District of Columbia,or a possession of the United Failure to furnish TIN.If you fail to furnish your correct TIN to a States; requester,you are subject to a penalty of$50 for each such failure 9. A futures commission merchant registered with the Commodity unless your failure is due to reasonable cause and not to willful neglect. Futures Trading Commission, Civil penalty for false information with respect to withholding.If 10. Areal estate investment trust, you make a false statement with no reasonable basis that results in no 11. An entity registered at all times during the tax year under the backup withholding, you are subject to a$500 penalty Investment Company Act of 1940, Criminal penalty for falsifying information.Willfully falsifying 12. A common trust fund operated by a bank under section 584(a); f cat'o^s or amrmahens may subject you to criminal penalises including fines and/or imprisonment 13. Afinancial rnstt tion; Misuse of TINS. If the requester discloses or uses TINS in violation of 14. A middleman known in the investment community as a nominee Federal law,the requester may be subject to civil and cnminal or custodian,or penalties. 15 A trust exempt from tax under section 664 or described in section 4947 Specific Instructions The chart below shows types of payments that maybe exempt from Name backup withholding The chart applies to the exempt recipients listed If you are an individual,you must generally enter the name shown on above,1 through 15 your social security card However,if you have changed your last name, If the payment is for.. THEN the payment is exempt for for instance,due to marriage without informing the Social Security Interest and dividend payments All exempt recipierns except for 9 Administration of the name change,enter your first name,the last name shown on your social security card,and your new last name Broker transactions Exempt recipients 1 through 13 Also, he If the account ism joint names,list first, and then circle the name of a person registeredAdvisers under 19 J Investment Advisers AG of 1940 who the person or entity whose number you enter in Part I of the form regularly acts as a broker Sole proprietor. Enter your individual name as shown on your social Barter exchange transactions and Exempt recipients i through 5 security card on the"Name"line You may enter your business,trade, patronage dividends or"doing business as(DBA)"name on the"Business name!"line paymeprs over$600 re,,ured to be Generally,exempt recipients 1 Limited liability company(LLC).If you are a smgte-mem reported and direct sales over$5,000 through 7 2ber LLC , (u,ciud,ng a fO.&gn LLC with a dorrest.'c owner)that is d,eregarded ag an entity separate from its owner under Treasury regulations section 'Sa2 Fain lnoo_pnicr,r,eiccalianeous income and its instructions 301 7701-3,enter the owner's name on the"Name"line Enter the However,the following payments made to a corporation(including gross LLC's name on the'Business name"line proceeds paid to an attorney undersection 6045(f),even ifthe attorney is a corporation)and reportable on Form tog9-MISC are not exempt from backup Other entities, Enter,your business rarne as shown on required withholding medal and health care pavments attomeys'fees,and Fedetal tax documents on the"Name r,c Th,s n 6ce s ::atc!t tI,. payments for services paid by a Federal executive agency, name shown on the charter or other legal document creating the entity You may enter any business,trade,or DBA name on the"Business name"line Note: You are requested to check the appropriate box for your status iiindiv;duab'scle propnetor"co poration,etc) Substitute Form W-9(Rev 05-2003) Page 2 Part I.Taxpayer Identification Number (TIN) 4. Other payments You must give your correct TIN,but you do not Enter your TIN in the appropriate box.If you are a resident alien and have to sign the certification unless you have been notified that you have previously given an incorrect TIN "Other payments"Include you do not have and are not eligible to get an SSN,your TIN is your r IRS individual taxpayer identification number(ITIN) Enter it in the social payments mace in the course of the requesters trade or business for security number box if you do not have an ITIN,see E�ow to yet a TIN rent royalties,goods(other than bills formarchardlse),medical and below. health care services(including payments+ corporations),payments to a non-employee for services, payments to certain fishing boat crew If you are a sole proprietor and you have an EIN,you may enter members and fishermen,and gross proceeds paid to attorneys either your SSN or EIN However,the IRS prefers that you use your (Including payments to corporations). SSN If you are a smgfe owner LLC that Is disregarded as an entity 5. Mortgage Interest pata by you,acquisition or abandonment of separate from Its owner(see Limited liability company(LLC)on page secured property,secticancon nallon of debt,qualified Acn program or 2),enter your SSN(or EIN,if you have one) If the LLC is a corporation, distrpayments(under section 529).distributions IRA or Archer M must give y u r co r partnership,etc, enter the entity's EIN TIN,but you and pension to sign the You must glue your correct TIN,but you do not have to sign the certification Note: See the chars on this page for further clarification of name and TIN combinations What Name and Number To Give the Requester How to get a TIN.If you do not have a TIN,apply for one immediately For this type of account: Give name and SSN of To apply for an SSN,get Form SS-5,Application for a Social Security 1 Individual The individual Card, from your local Social Security Administration office or get this T.vc �, r i The na iai qwm v qr the account form.o vvvvw.ssa ggvlgnlfnefss5 html-You may also get this 2 or more c__ t n nn. of J^•^,• account) or,if combined funds the first form by calling 1-800-772-1213 Use Form W-7,Application for IRS individual on the account Individual Taxpayer Identification Number,to apply for an ITIN or Form 3. Custodian account of a minor The Minor' SS-4,Apphcatlon for Employer Identification Number, to apply for an (Uniform Gift to Minors Act) EIN You can get Forms W-7 and SS-4 from the IRS by calling 1-800- TAX-FORM(1-800-829-3676)or from the IRS Web Site at 4 a. The usual revocable savings The grantor trustee www Irs gov trust(grantor is also trustee) b So-called trust account that The actual owner' If you are asked to complete Form W-9 but do not have a TIN,write is not a legal or valid trust "Apphed For'm the space for the TIN,sign and date the form,and give under state law it to the requester. For interest and dividend payments,and certain 5. Sole proprietorship or The owner 3 payments made with respect to readily tradable instruments,generally single-owner LLC you will have 60 days to get a TIN and give it to the requester before For this type of account. Give name and EIN of YOU are subject to backup withholding on payments The 60-day rule does not apply to other types of payments You will be subject to 6 Sole Proprietorship or The owner backup withholding on all such payments until you provide your TIN to single-owner LLC the requester. 7 A valid trust,estate,or pension Legal entity 4 trust Note: Writing Applied For means thatyou have already applied fora 8 Corporate or LLC electing The corporation TIN or that you intend to apply for one soon corporate status on Form 8532 Caution:A disregarded domestic entity that has a foreign owner must g pss ,goo club,rebgioos. The oroanizattin use ine appropriate Form yv=8 charitable,educzr-o^ai,or nlhar tax-exempt organization Part il. Certification 10, Partnership or multi-member LLC The partnership To establish to the withholding agent that you are a U S.person,or 11. A broker or registered nominee The broker or nominee resident alien,sign Form W-9 You may be requested to sign by the 12 Account with the Department of The public entity withholding agent even if items 1,3,and 5 below indicate otherwise Agriculture in the name of a public For a joint account,only the person whose TIN is shown in Part I entity(such as a state or local should sign(when required) Exempt recipients,see Exempt from government,school msinct or backup withholding on page 2. prison)that receives agricultural program payments Signature requirements.Complete the certification as indicated in 1 through 5 below 'List first and circle the name of the person whose number you furnish If 1. Interest,dividend,and barter exchange accounts opened only one person on a joint account has an SSN,that person's number must 9 P be furnished before 1984 and broker accounts considered active during 11983, z Circle the minor's name and furnish the minor's SSN You must give your correct TIN, but you do not have to sign the 3 You must show your individual name,but you may also enter your certification business or"DBA"name You may use either your SSN or your EIN(d you have one) 2. Interest,dividend,broker,and barter exchange accounts 4 List first and circle the name of the legal trust,estate,of pension trust.(Do opened after 1983 and broker accounts considered)nactiva riot fur nsh tt•a TIN ofthe personal representatrve ortrusiee unless the legal during 1983.You must sign the certification or backup wlLhholding will entity itself is not designated in the account,tie) apply If you are subject to backup withholding and you are merely Note.If no name is circled when more than one name is listed,the providing,your r•orrprt TIN to the requester you must cross out item 2 ni,mhor will nP considered to be that of the first name fisted in the certification before signing tire fbnTi 3. Real estate transactions.You must sign the certification You may cross out Item 2 of the certification Privacy Act Notice Section fi 109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report mtereS% dividends,and certain other income paid to you,mortgage interest you paid,the acquisition or abandonment of secured property,cancellation of debt,or contributions you made to an IRA or Archer MSA The IRS uses the numbers for identification purposes and to help venfy,the accuracy of your lax return The IRS may also provide this information to the Department of Justice for civil and criminal litigation,and to cities,states,and the District of Columbia to carry out theirtax laws We may also disclose this information to other countries under a tax treaty,or to other Federal and state agencies to enforce Federal nontax criminal laws and to combat lerro,ism You must provide your TIN whether or not you are required to file a tax return Payers must generally withhold 30%of tayable m te,est,dividend,and certain other payments to a payee who does not give a TIN to a payer Certain penalties may also apply Substitute Form W-9(Rev 05-2003) Page 3 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washingtan 98439-5122 Please read instructions on reverse side before completing this form. "�^""C� OF ORGANIZATION DATE SUBMITTED K I A C� i r; var /��n�T PROJECT DESCRIPTION CONTRACT NUMBER ,..,L�-- .y •� a s-"K _ - `_ a ��w�FtnY�.a.7aEv,qA,.+F� se�x3e':s' ; n-in, as _�' - ray ,�"'d'h�t °p;�,- • i',�og` '"e a S� : _ _ �:, , 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE a^•�"Y ".P rY�T''d; a'4`"<a'.51 ''":: 7 *fW.e`''"o ��,e. �:,�kev-, F"'k `x"a„ '+,: §le�w:t p. ..r.. ey x i 2; t,='3�'- 2F,dsT� ;i�. m ''di " L" 'a'#`t-jL;4 ''«'a.$ `a'=-Ye„-'r-'i -7?, A1 ITHC71 2f7i_D TO SIGN CON T RAC':ITSICON T RAC IT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE N_ ,�r 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE A I� I 11NAC-IWOL11HOMS1 1WP1SI NAUTH Revised 5/00 I Debarment, Suspension, Ineligibility or Voluntary Exclusion Certitication roan NAME � Doing business as(DBA) 741 q _ ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax or Soi:citat:on f,if any, Idenufler(UBI) lddenhficafion# 1ti'�✓DT I�,rd<}. r% 5c'_i i `��i� ��73 (,�IVC.i j J This certification is submitted as part of a request to contract instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the c edification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into if it is iatei deter fined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment 3. The prospective lower tier participant shall provide Immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that Its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. h. Tne prospective lower tier participant further agrees by submitting this nroposal that it will include this clause titled "Certification Regarding Debarment, Suspension, lneiigimlity and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless It knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment Certification Regarding uebarinent, Suspension, Ineligibility and Voluntary Exciusion—Lower Tler Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its 1 presently a ¢ucnnnded n F t 1. !ude d pimGipalS is prEse;,,,y 3eharrs.., „ ..,..,....,__, proposed for debarment, declared ineligible, or Jvlu�,iar„y EXC,.,...... from participation in this transaction by any Federal departrnerlt or agency, Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature. Date: Print Name and Title 4_J iA►' *t1 r — _,+I, FEDERAL DEBARMENT, SUSPENSION INELIGIBILITY and VOLUNTARY EXCLUSION (FREQUENTLY ASKED QUESTIONS) What is "Debarment, suspension, Ineligibility, and Voluntary Exclusion"? These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency. In order to be debarred, suspended, ineligible, or voluntarily excluded, you !must have* • had a contract or grant with a federal agency, and • gone through some process where the federal agency notified or attempted to notify you that you could not contract with the federal agency. • Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a contract, or have violated a regulation or law pertaining to the contract. Whv am I required to siqn this certification? You are requesting a contract or grant with the Washington Military Department. Federal' law (Executive Order 4,2549) requires Washington Military Department ensure that persons or companies that contract with Washington Military Department are not prohibited from having federal contracts What is Executive Order 12549? Executive Order 12549 refers to Federal Executive Order Number 12549, The executive order was signed by the President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency Code of Federal Regulations (CFRs). What is the purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies from entering into a federal contract. What does the::crd "proposal" mean when referred to in this certification? Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from you to Washington Military Department. What or who is a "lower tier participant'? Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department if you hire subcontractors, you should require them to sign a cert rcat,on -and keep it with your subcontract What is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract with or receive money from Washington Military Department. Covered Transaction does not include mandatory entitlements and individual benefits. Sample Debarment, Suspension, ineligibility, Voluntary Exclusion Contract Provision Gear::e a Certil'icatipn. The ( pnfra�tnr rart!fiag that the Contractor is not presentiv debarred, suspended, proposed for debarment, declared ineligible, or voluntanly excluded from pill icipat rig in this Contract by any Federal department or agency. If requested by Washington Military Department, the Contractor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exciusion forcri. Any such form completed by the Contractor c!or this Contract ,.ftnJ i.h, IS (`1`nJ n•frnr`t hx�/ rPfP er A . Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: SURPLUS THREE DECOMMISSIONED AID UNITS — AUTHORIZE 2. SUMMARY STATEMENT: Authorization to surplus the three (3) aid vehicles listed below. These vehicles have exceeded their life expectancy and it is no longer in the City's best interest to retain them due to their age and maintenance expenses. 1989 Ford—VIN#74313 —Apparatus#737 1995 Ford—VIN#26879—Apparatus #763 1989 Ford—VIN#74312 — Apparatus 4736 It is anticipated that approximately$13,000 will be received for all three (3) vehicles. It is requested that the funds received from the sale of this apparatus be placed into Fire Maintenance Shop Renovation capital account This will assist facilities with planned capital projects scheduled at the different Fire Station locations. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Safety Committee 6/23/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? X Currently in the Budget9 Yes No X If no: Unbudgeted Expense: Fund F00015.6XXXX 9422 Amount $13,000.00 Unbudgeted Revenue: Fund F00015.59510 Amount $13,000 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds iDISCUSSION: ACTION: Council Agenda Item No 60 Kent City Council Meeting Date July 5, 2005 Category Consent Calendar 1. SUBJECT: KING COUNTY CITIZEN CORPS GRANT & AGREEMENT — ACCEPT AND ESTABLISH BUDGET 2. SUMMARY STATEMENT: Acceptance of the grant funds from King County Office of Emergency Management and to establish a budget. The Kent Police Department will use the grant funds to design and produce a ! Neighborhood Watch booklet designed specifically for Kent and all other King County residents which will be available in both print and PDF format. The booklet will be promoted on TV channels 21, 22 and 77 in Kent and King County. A link to the PDF format will be available on the City's website, thus making it available to any law enforcement agency or individual. This grant is disbursed on a reimbursement basis. 3. EXHIBITS: Grant award letter ! 4. RECOMMENDED BY: Public Safety Committee 6/23/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund N00020.6XXXX.3232 Amount $23,800.00 Unbudgeted Revenue: Fund N00020.53319 Amount $23,800 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6P 81 POLICE DEPARTMENT Ed Crawford, Chief of Police • Phone:253-856-5888 K E N T Fax: 253-856-6802 Address: 220 Fourth Avenue S Kent,WA. 98032-5895 IDATE: .Tune 23, 2005 TO: Public Safety Committee FROM: Ed Crawford, Chief of Police ISUBJECT: King County Citizen Corps Grant and Agreement MOTION: I recommend the Council accept the King County FY04 Citizen Corps grant in the amount of$23,800, place this on the Consent Calendar for the July 5, 2005 Council Meeting, authorize the Mayor to sign an agreement similar to the one attached, subject to approval of the Law Department, and to establish the budget. SUMMARY: The Kent Police Department will use the grant funds to design and produce a Neighborhood Watch booklet designed specifically for Kent and all other King County residents which will be available in both print and PDF format. The booklet will be promoted on TV channels 21, 22 and 77 in Kent and King County. A link to the PDF format will be available on the City of Kent's website, thus making it available to any law enforcement agency or individual. EXHIBITS: Grant Award letter from King County Office of Emergency Management Agreement between King County and City of Kent Police Department FY04 Citizen Corps Program Grant Application BUDGET IMPACT: Reimbursement grant. BACKGROUND: The Neighborhood Watch program (Block Watch) gives tools to citizens so that I they will learn to recognize and report suspicious activity which could include crime or possible terronst threats. Public Safety Committee Subject KCCttizenCotps grant Date. lure 23,2005 FY 04 Citizen Corps Program 83 Neighborhood Watch Booklet AGREEMENT I King County and City of Kent Police Department; c/o, Judi Mauhl Citizen Corps FY 04 Grant #9190-04 ' This Agreement is executed between King County by and through its Office of Emergency Management, and Kent Police Department, c/o Judi Mauhl, a city police organization located in Kent, Washington, under the FFY 04 Citizen Corps Program. INTRODUCTION Crime Prevention education is critical to the overall ability of communities to watch for 1 and report suspicious activity and crimes. Additionally, citizens need to be prepared for disasters. Law Enforcement agencies need to involve all sectors of the community to establish an educated and prepared citizenry. An overall mission for King County is to promote disaster and crime resistant communities through excellence in service and partnerships. To that end, King County is partnering with Kent Police Department (a city police organization) in King County to directly engage with citizens to provide a Neighborhood Watch booklet that will show how to institute crime prevention and disaster awareness measures. The Booklet will be available to citizens free of cost through law enforcement agencies or by downloading it from the Kent Police Department web site. PURPOSE This Agreement establishes the parameters by which Kent Police Department, c/o Chief Ed Crawford, will design and print 20,000 copies of a Neighborhood Watch booklet to be distributed to citizens by law enforcement agencies in South King County. Additionally, a version will be available on the City of Kent Police web site. Publicity will make citizens aware of the availability of the Booklet. RESPONSIBILITIES With this agreement, Kent Police Department (c/o Chief Ed Crawford) agrees to the following terms and conditions- A. Design and print 20,000 Neighborhood Watch booklets, establish a system for ordering additional copies from the City of Kent printing facility, make an electronic version available on the Kent Police web site, and promote the program and the Booklet through media publicity. May 2005 Page 1 FY 04 Citizen Corps Program . 84 Neighborhood Watch Booklet B. Use the reporting and invoicing procedures for the grant as specified by King County. PROGRAM DELIVERABLES This FY 04 Citizen Corps Program will be effective April 21, 2005 through October 31, 2005. Under this grant program Kent Police Department (c/o Chief Ed Crawford)will: , • Design a standardized Neighborhood Watch booklet that includes information on crime prevention, disaster preparedness and terrorism awareness. • Print 20,000 copies of the Booklet and distribute them to law enforcement agencies in South King County. • Encourage law enforcement agencies to distribute the Booklets to citizens. • Establish a process for anyone to order additional printed copies (at cost) from the City of Kent printing facility. • Provide an electronic version of the Booklet on the Kent Police web site for anyone to easily view, download, and print. • Promote the Booklet throughout King County via several media sources and on the Kent Police web site. • Provide a quarterly activity report; starting July 1 through October 31, 2005; • Keep Office of Emergency Management Project Manager apprised of activities via meetings, emads and phone calls; • Kent Police Department will maintain contact with King County OEM staff as needed to present challenges or obstacles in completing the scope of work; • Kent Police Department (c/o Judi Mauhl) will submit a final report with the completion of the project and will detail performance, problems, challenges, special initiatives to overcome, best practices, and final tallies of the project. • Kent Police Department will keep all records for transaction in the completion of the scope of work for a period not less than six years and will avail these to grant auditors as requested. King County will perform as the administrative agency for the FFY 04 Citizen Corps , Program grant and will monitor the progress of the program and the deliverables for the grant. The grant of $23,800 will be delivered in reimbursable increments. Kent Police Department will invoice King County for contractor support, staffing costs, and supplies expended in the performance of the grant. King County OEM staff will be available to consult on meeting deadlines, removing obstacles, and completing the scope of work. r May 2005 Page 2 FY 04 Citizen Corps Program 85 rNeighborhood Watch Booklet rPROGRAM CONTACTS: King County Office of Emergency Kent Police Department Management Judi Mauhl Timothy E. Doyle, Project Manager III 220 4`h Avenue South 3511 NE 2rd Street Kent, WA 98032 Renton, WA 98056 Telephone 253-856-5879 Telephone: (206) 2054071 Facsimile: 253-856-6803 Facsimile: (206) 2054056 E-mail : jmauhl@ci.kent.wa.us E-mail: timothy doyle(c-)metrokc gov rIN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: rKing County Kent Police Department r BY Director 1 Date Date r r - r r r r rMay 2005 Page 3 86 � Greetings and Congratulations; Attached are two documents; the list of FY 04 Grants requests and awards and the accepted Agreement form for the Citizen Corps grants for FY 04. The grant lists includes all request that met the basic criteria for acceptance by the selection committee along with the budget figures. As you can see there are actually fourteen requests. The top item, "the bulk t purchase" was not numbered since it was a committee request itself. The other thirteen grant request were listed in order of award scores, by categories. The final, #13 from the City of Milton, was not funded due to the lack of available funds. To all whom now have their award notification, with this e-mail we may begin the process of setting forth a formal agreement and set the process for reimbursement of expenses incurred under your award. The attachment, "MOA draft 2-05 l.doc," is the approved form from King County OEM. As you will see it is a generic form that is an acceptable alternative to our longer encumbered process utilized with other entities. As you know I have worked to keep our process in Citizen Corps program simplified and with the , least level of bureaucratic detail sufficient to accomplish our objectives. I believe you also will find this an acceptable alternative. There is, however, still a lot of work to be done. I wish for each of you to take a detailed look at the form. There are many areas (in green print if your computer allows) that will need to be filled in. You will need to define the project, complete a scope of work, detail the deliverables for you grant, ' and provide the total amount of the grant award. [This last item will be that listed in the table of awards. However, where possible I ask that you group all of your programs under one agreement form. The rationale for this is two-fold; all of the programs fall under the category of Citizen Corps and its programs, and this will avail you to invoice King County OEM for totals instead of each program separately. To accomplish this will require detailing the program and the scopes of work ' into areas or phases, e g. Citizen Corps, Fire Corps, CERT, etc. Also as you invoice you will need to be very clear as to which phase or grant component the costs are to be applied.] If you have questions on this, please confer 87 with me. I will be more than happy to work with you to keep the budgets clear. Finally, I will be sending the report forms out after the agreement forms are signed by your appropriate organizational representative and our ' director. You will need to keep up on the reports of your progress. The grant source is Citizen Corps FY 04, grant #9190-04, through the Washington Commission for National and Community Service. The grant end- date is November 30, 2005 and this means that all of your work and invoices will need to be completed and into King County OEM by October 31, 2005. Again, congratulations on your grant awards and thank you for your diligent work in Citizen Corps. Slnn, �T Timothy E Doyle, Program Manager Public Education & Citizen Corps Councils King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056 M timothy doyle@metrokc.gov '" 206 205 4071 pager 206.559.5667 206.205 4056 "Well-doing, devoid of proper self-care, is, at best, doing well poorly. Exemplary care of others is rooted in vigilant self-care." Kirk Jones, Rest in the Storm. 88 FY04 CITIZEN CORP PROGRAM j GRANT APPLICATION DATE: January 15,2005 Judi Mauhl, Public Education Specialist POINT OF CONTACT(True&Information) Kent Police Department220 4th Avenue South Kent, Washington 98032 253-856-5879 jmauhl@ci kent.wa us AGENCY OR GROUP: Kent Police Department PROJECT NAME: Neighborhood Watch Booklet t COMPONENT GROUP: (Check one) — NEIGHBORHOOD WATCH X ARE YOU A MEMBER OF A REGISTERED CITIZEN CORPS YES X COUNCIL: NAME OF CCC: King County CCC IS THIS A NEW OR EXISTING NEW X_ PROGRAM: YES X Please describe: City of Kent will provide matching funds , for 100 hours wages for Judi Mauhl. There will be in kind labor of approximately 40 hours volunteer work DOES THIS PROGRAM HAVE A The City of Kent IT Multimedia Division CURRENT FUNDING SOURCE? will provide a TV video to promote this project, 30 hours in kind for the technician and getting it aired on 3 channels. City of Kent will also provide in kind labor to maintain the website where this booklet will be available, in PDF format, for anyone to use. 6/9/2005 89 1 . 1 To meet state homeland security strategic plan goal#1: Develop a Neighborhood Watch booklet for all King County citizens. Booklet will inform citizens about crime prevention, WHAT GOAL OF THE STATE Neighborhood Watch techniques,personal HOMELAND SECURITY STRATEGIC safety, disaster training, and local terrorism PLAN DOES THIS ADDRESS? threats. Booklets will be distributed by law ' enforcement agencies, encouraging exchange of information between them and citizens. The booklet will provide an opportunity for law enforcement to train citizens to recognize and report both criminal and terrorist suspicious activity. To meet Region 6 goal A.3 "Establish and leverage alliances to inform and enlist support to prevent terrorism" WHAT GOAL OF THE REGION 6 Develop Neighborhood Watch booklet for HOMELAND SECURITY STRATEGIC all King County residents to inform them PLAN DOES THIS ADDRESS? about terrorism, instruct them to recognize and report suspicious activity,and enlist them as partners with law enforcement in all aspects of crime prevention,personal Isafety and terrorism awareness. Booklets will be available for King County law enforcement agencies to distribute to citizens and will be available in PDF format on the Kent Police web site, to be viewed, downloaded, or printed. City of Kent IT Multimedia Division will produce DESCRIBE HOW YOU ARE a video to air on channels 21 (Kent), and IMPLEMENTING THE PROGRAM AT 22 and 77 (King County) to promote use of THE COMMUNITY LEVEL the booklet, and to invite citizens to contact their local law enforcement about Neighborhood Watch and suspicious activity. Agencies will be able to order booklets and video reprints from City of Kent's IT Multimedia at cost. Publicity templates will be available on City of Kent website. 1 ESTIMATE POPULATION SERVED King County is 1.7 million (plus) 6/9/2005 90 LOCAL ' MULTI-JURISDICTIONAL BREADTH OF PROJECT: (Check One) REGIONAL X OTHER: (describe) i Grant Category:(Check all letters that apply within a category) I. PLANNING: a X_collecting information on existing resources and volunteer activities within the community: b. X_meetings of the Citizen Corps Council and other community stakeholders: c. X_a system to track activities and participants: d. X_website maintenance: e. X_travel expenses for staff and/or volunteers to attend meeting or training sessions: f. survey methodologies to assess citizen preparedness, training, and volunteerism: g. hiring of full or part-time staff or contractors/consultants to assist with any of the above activities: h. X conducting local or regional program implementation meetings. II. PUBLIC OUTREACH/OUTREACH COSTS: a. X_Public Safety announcements b. X_Printed advertisement C. Billboards d. X_Promotional flyers e. X_Booth displays f. Conference backdrops g. Podium signs h. Recognition pieces for Citizen Corps partners i. Recognition for special commendation in support of the mission j. Informational buttons,pins, key chains, and magnets. k. X_Publications, posters,buck slips; and other materials that either encourage , the public to participate, educate the public,or recognize partners III. TRAINING/EXERCISE/EQUIPMENT COSTS: a. Instructor preparation and delivery time 6/9/2005 91 b. Hiring of full or part-time staff or contractors/consultants to assist with conducting the training and/or managing the administrative aspects of conducting the training. C. Creation and maintenance of a student database. d. Rental of training facilities 1 e. X_Printing course materials to include instructor guides, student manuals, brochures, certificates,handouts, newsletters and postage. f. Course materials specific to the subject matter, such as bandages, gloves, fire extinguishers, mannequins g. Outfitting CERT members with a hard hat, safety vest, eye protection, and gloves. h. Personal protective equipment for volunteer responders i. _Equipment related to specific training or volunteer assignments IV. VOLUNTEER PROGRAMS COSTS: a. Recruiting b. ^Screening/assessing C. Training d. Retaining/motivating e. Recognizing f Evaluating g. Cost benefit analysis h. Evaluate program and resource sharing i. _Hiring of full or part-time staff or contractors/consultants to assist with evaluations. Scope of Work(Use additional sheets as needed) 1 chose"Training" as the category for this grant proposal because it involves training of citizens through a Neighborhood Watch booklet designed specifically for King County. Citizens will learn to recognize and report suspicious activity which could include crime or possible terrorist threats. PROBLEM: Citizens are not aware of how important it is to be"partners" with law enforcement,to be extra eyes and ears because police cannot be everywhere. More citizens need to learn to use the 9-1-1 system effectively They need to be able to describe suspicious activity or persons, and know how to prevent crime and promote safety in their own neighborhood. Many law enforcement agencies do not have access to free or low cost materials to give 1 to citizens and many do not have adequate staffing to give personal presentations to inform citizens of the above topics. SOLUTION: A Neighborhood Watch booklet designed specifically for King County residents, available in print and in PDF format. The booklet is designed for law enforcement to use when starting Neighborhood Watch groups, and as a guide that 6/9/2005 92 citizens can use on their own to learn about 9-1-1 use, recognizing and reporting suspicious activity, and how they can be an important component of Homeland Security. OUTCOMES: Law enforcement will have a tool specific to King County to use as they contact citizens interested in getting involved in Neighborhood Watch. The low cost of reprinting, and the ability to download and print the PDF version on the City of Kent website makes it valuable as budgets are strained Agencies without crime prevention departments can refer their citizens to the City of Kent website(or a link on their own site)to print their own booklet. King County residents will be able to read, download, and print their own copies. The booklet is designed to be easily read and user friendly so citizens will refer to it often and realize the importance of their involvement in crime and terrorism awareness and prevention. SCOPE OF WORK: The KC-CCC/Neighborhood Watch committee will research and compile information about law enforcement agencies across King County; what publications they currently use and how many booklets they may want. The committee will determine topics to be included, using the information from the agencies to make the booklet regionally applicable. The City of Kent IT Multimedia Division will design a professional booklet then print, fold and staple-bind it. It will have a sturdy, two-color cover but black and white content to save costs. At least 2,000 booklets will be printed and distributed to King County law enforcement agencies Cost is estimated at under$1 per booklet; we will print as many as possible with the money requested in this grant. When the supply is depleted, agencies and citizens can order professional reprints at cost from the IT Multimedia Division. Additionally, it can be printed from any computer using the PDF format that will be maintained on the Kent Police web site. Agencies can provide a link to this web site from their own. The IT Multimedia Division anticipates 40 hours of their professional time (to be reimbursed). Additionally,they will donate in-kind hours and materials when necessary. They will donate 30 in-kind hours to produce a video for airing on public TV channels 21, 22, and 77 in Kent and King County. The video will publicize the booklet and the reasons for citizens to want to take a part in reducing crime and terrorism in their city and county. Publicity about the new booklet will be designed by the committee and City of Kent IT Multimedia Division. A flyer template will be available on the web site in PDF format for use by all taw enforcement agencies to promote use of the booklet. The template will allow room for each agency to include theirspecific infonnation Project Timelines: COMPLETION ACTIVITY/PRODUCT DATE Determine method to track time and activity and measure outcomes. March 1 6/9/2005 93 rList King County law enforcement agencies. Include the number of March I booklets they can use(assess needs, ask for copies of what they use). Have list of all subjects to be in booklet, number of pages for each. March 15 Meet with City of Kent IT Multimedia Division to set timelines, March 15 ' discuss design and number of pages, colors, cover and binding. Complete first draft. Meet with KC-CCC/Neighborhood Watch June 1 Committee, make changes, and submit to IT Multimedia Division. Edit first draft back from IT Multimedia Division, meet with July 1 committee for approval, return to IT Multimedia Division. Design and film promotional video for public TV, request it to be July 10 aired on channel 21 (Kent) and 22 and 77 (King County). Edit 2nd draft back from IT Multimedia Division, meet with July 15 committee for approval,return to IT Multimedia Division. Go over final draft from IT Multimedia Division, approve for print August 1 and order PDF version for web site. Determine publicity needs with committee, submit draft ideas to IT August 10 Multimedia Division. Compile list of law enforcement agencies with contact names and August 15 addresses, and number of booklets to send to them, make labels. Order supplies for mailing and distributing booklets August 15 Approve final drafts of print publicity, order flyers printed and order August 15 PDF format in template design for web site. Receive booklets and flyers, sort for distribution to agencies. September I Ship booklets and flyers. Include cover letter with instructions to link September 10 to websrte and to use PDF for booklet and publicity templates. Explain how to order booklet reprints at cost from City of Kent IT Multimedia Division. Budget Sheet: ITEM COST Salaries & Benefits $ 0 * Overtime Wages (includes salary&benefits) $ 2,000 • Travel & Per Diem $ 300 Goods & Services (Includes printing,postage, etc.) $ 21,500 Equipment Costs (Off the ODP approved list) $0 f Facility Rental $0 Contractor/Consultant (Not on Excluded Parties List) $0 Other (Please spec) $0 TOTAL REIMBURSEMENT COSTS $ 23,800 6/9/2005 '94 Expenditures may only occur within the approved category listed above. However up • to 10% of the total may be shifted between approved items. • DOJ Grant program requirements affirm that federal funds will be used to supplement ! existing fund, and will not replace (supplant) funds that have been appropriated for the same purpose. ! ! i ! ! 1 ! 6/9/2005 Kent City Council Meeting Date July 5, 2005 ICategory Consent Calendar 1. SUBJECT: TRAFFIC SAFETY SCHOOL—ACCEPT AND ESTABLISH BUDGET ' 2. SUMMARY STATEMENT: Acceptance of Kent Police Department's Drinking Driver Task Force (DDTF) traffic safety school and to establish a budget. The Kent Police Department's Drinking Driver Task Force (DDTF) is proposing another level of traffic law review for drivers with relatively clean driving records. Court-deferred drivers would be required to attend classes at various locations The Kent Police Department would offer those classes to be taught by the DDTF program assistant Kent Traffic Officers could be guest instructors. The classes would be held three/four times a month and offered as evening and Saturday classes A proposed attendance fee of S30 would be collected as DDTF funds to cover traffic school expenses, making this a self-supporting program. The pilot program would run for 15 months beginning October 2005 and ending December 2006. 3. EXHIBITS: Proposal and preliminary budget 4. RECOMMENDED BY: Public Safety Committee 6/23/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No_X If no: Unbudgeted Expense- Fund N00021.6XXXX.3233 Amount S33,750.00 Unbudgeted Revenue: Fund N00021.54212 Amount S33,750.00 6. CITY COU7NCIL ACTION: Councilmember moves, Councilmember seconds rDISCUSSION: ACTION: Council Agenda Item No. 6Q 95 ' POLICE DEPARTMENT 400 Ed Crawford, Chief of Police • Phone 253-856-5888 K E N T Fax 253-856-6802 W.SMIN OTON Address: 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: June 23, 2005 TO: Public Safety Committee FROM: Ed Crawford, Chief of Police SUBJECT: Traffic Safety School 1 MOTION: I recommend the Council approve the Traffic Safety School proposal and place this on the Consent Calendar for the July 52 2005 Council Meeting, and to establish the budget. SUMMARY: The Kent Police Department Drinking Driver Task Force (DDTF) is proposing another level of traffic law review for drivers with relatively clean driving records. Court-deferred drivers would be required to attend classes operated by the Kent Police Department and taught by the DDTF program assistant. Kent Traffic Officers could be guest instructors. The classes would be held three/four times a month and offered as evening and Saturday classes. A proposed attendance fee of$30 would be collected as DDTF funds to cover traffic school expenses, making this a self-supporting program. The pilot program would run for 15 months beginning October 2005 and ending December 2006. EXHIBITS: Traffic Safety School Proposal, including preliminary budget. BUDGET IMPACT: None. BACKGROUND: The City of Kent Drinking Driver Task Force has along and successful history of providing public education to the citizens of Kent and surrounding communities. 1 Public Safety Committee Subject:Traffic Safety School Date.June 23,1001 ' 97 POLICE DEPARTMENT Ed Crawford, Chief of Police • Phone 253-856-5888 K E N T Fax- 253-856-6802 W n s H i N c r o N Address- 220 Fourth Avenue S. Kent,WA 98032-5895 � Memorandum DATE: June 23, 2005 TO: Public Safety Committee FROM: Nancy Mathews, Coordinator—Drinking Driver Task Force CC: Chief Ed Crawford Judge Robert McSeveney Pat Fitzpatrick, Deputy City Attorney Mike Buckingham RE: Traffic Safety School Proposal Program: Kent Traffic School rCurrent Practice: With the enactment of SHB 2776(passed into law during the 2000 Legislative Session and effective as of June 8, 2000), individuals cited for moving and non-moving traffic infractions may have their citation ' (ticket)deferred. The court may charge an administrative fee and impose conditions for deferral. If no other citations are received within one year, the ticket may be dismissed Currently, if requested, the Kent Municipal Court may grant a deferral; a court administrative fee of$100(70%of which goes to the State and the remainder retained by the court) is assessed. If the dnver has seuous and/or multiple offenses, the court may also send the dnver to a Level 2 defensive driving class which is 16 hours long Purpose: We are proposing another level of traffic law review for drivers with relatively clean driving records. The purpose of the school is to provide information on current driving laws,research,and Kent-specific traffic safety issues in order to make drivers more aware and knowledgeable about driving safety. Court-deferred individuals will be allowed to attend only once every seven years. Implementation: The court could require attendance at an approved traffic safety school. The class would last 3 hours with an additional 30 minutes for registration,break and certification paperwork. The Kent Traffic School would be one of several to choose from a list provided/posted at the Court One such option, not connected to this project, would be for mature drivers(over 50) to attend the Kent AARP Mature Driver Training at$10 for a two day class. We propose an attendance fee of$30 be collected and placed in a Drinking Driver Task Force account dedicated to traffic safety and to cover traffic school expenses. Upon successful completion of the three hour class,a certificate of completion will be provided for the purpose of proof of attendance for the Court If no additional citations are incurred during a set period of time, the court could dismiss the infraction The class would be operated by the Kent Police Department and taught by the DDTF program assistant, Mike Buckingham Kent traffic officers could be guest instructors. The class would be held three/four times a month—one Tuesday andor Thursday evening and two classes on a Saturday each month. Curriculum: The class would consist of four sections: 1) Data-dnven Dnving Dangers; 2)Aggressive Dnving: What is it? Remedies; 3) State and Local Traffic Laws; and 4) Collision? Your Responsibility. Evaluation: A database program will allow for easy tracking and administration of the program. An evaluation sheet for participants to complete will ask them to rate the class on several cnteria and allow them to offer comments and suggestions, as well 098 ' Memorandum: ' June 14,2005 Page: 2 Advantages to Driver: Potential to keep driving record clean. Insurance company notified only in case of failure to comply. Review of traffic laws , Advantages to City: Once licensed,most drivers do not keep abreast of traffic laws. This would provide a good opportunity for education/awareness and improved compliance with safe driving behavior. Advantages to Court: Driver stipulates to citation, reducing the number of court challenges. Fmes and court costs remain in tact Advantages to Department: Reduction in officer time in court. Increase driver awareness and compliance with traffic laws. This self-supporting class has potential to provide additional funding streams for traffic safety programs which support the department and DDTF vision. Preliminary Budget: N00# 10/05 through 12/06 , Estimated Pilot Project Revenue(15 months): $30 Registration Fee $ 33,750 , 25 per class x 3 classes per month x 15 months per year Estimated Pilot Project Expense (15 months): Wages Manager/Trainer @$20 per hour x 40 hours per month x 15 months $ 12,000 Guest Traffic Officer(s) Overtime @ $46 per hour x 240 hrs 11,040 , (for 15 months) Benefits Manager/Trainer @$2.50 hr x 40 hrs per month x 15 months 1,500 Guest Traffic Officer(s) f $4.90 per hour x 240 hrs 1,176 (for 15 months) Supplies and Services 8,034 handouts $ 33,750 printing/graphics , video(s) phone coffee supplies Action Needed: Public Safety review of pilot project proposal (October 1,2005 through December 31, 2006)with recommendation to full Council. If approved,set up budget account. , Mann TC Gh.l Pr ..l Kent City Council Meeting Date July 5, 2005 Category Other Business 1. SUBJECT: GRAHAM REZONE —APPROVE (QUASI-JUDICIAL PROCEEDING) ' 2. SUMMARY STATEMENT: This request by Kevin Graham is to rezone .34 acres of property from SR-2 to SR-6, Single Family Residential. The property is located at 22521 94`h Avenue South. The Kent Hearing Examiner held a Public Hearing on May 18, 2005, and issued Findings, Conclusions, and a Recommendation for approval on June 2, 2005. 3. EXHIBITS: Staff Report with map; Hearing Examiner Findings, Conclusions and ' Recommendation 4. RECOMMENDED BY: Hearing Examiner ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure9 No Revenue? No Currently in the Budget? Yes No If no: ' Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount S 6. CITY COUNCIL ACTION: ,,I nn ' Councilmember l� moves, Councilmember seconds to accept/rejeeV4Ped4y the Findings, Conclusions and Recommendation of the Hearing ' Examiner on the Graham Rezone and to direct the City Attorney to prepare the necessary ordinance. tDISCUSSION: �1G ACTION: Council Agenda Item No 7A ' COMMUNITY DEVELOPMENT Fred N Satterstrom, Director PLANNING SERVICES 40 Charlene Anderson,AICP, Manager KENT Phone 253-856-5454 ' WASH „G r o„ Fax. 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 ISTAFF REPORT FOR HEARING EXAMINER MEETING OF ' MAY 18, 2005 ' FILE NO- Graham Rezone #RZ-2005-2 KIVA#2050274 APPLICANT Kevin Graham 22521 941h Avenue South Kent, WA 98031 REQUEST A request to rezone 34 acres of property from SR-2, Single Family Residential to SR-6, Single Family Residential STAFF REPRESENTATIVE. Sharon Clamp, Planner STAFF RECOMMENDATION APPROVAL I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone 34 acres from the current zoning of SR-2, Single Family Residential to SR-6, Single Family Residential. B Location The subject property is located at the 22521 94th Avenue SE and is identified by King County Tax Parcel number 1822059303 C. Size of Property The property consists of one .34 acre parcel. 1 Staff Report i Graham Rezone #RZ-2005-2 KIVA#2050274 D. Zoning Properties surrounding the site consist of multiple zoning districts. Properties to the west are zoned townhouse, garden density and high density multifamily residential Properties to the east are zoned SR 4 5, Single Family Residential. Zoning 575 feet to the north is SR-6, Single Family Residential, and the zoning 750 feet to the south is SR-6, Single Family Residential E. Land Use The property is developed with a single family residence and two accessory residential structures. The City of Kent Comprehensive Plan designates the property as SF-6, Single Family six units per acre F. History The property is part of the 218-acre Beck Annexation annexed to the City of Kent on February 8, 1995 under Ordinance No 3210 II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Determination of Nonsignificance (ENV-2005-7) for the rezone proposal was issued on April 18, 2005 No conditions for this rezone request were proposed B. Significant Physical Features Topography, Wetlands and Vegetation The site is generally flat with a maximum 10 percent slope from west to east. The vegetation on site consists of evergreen trees, fruit trees, shrubs, and grass. There are no sensitive areas on the site. C. Significant Social Features j 1. Street System The site has frontage along 94`h Avenue South. Upon future development of the property, road and street frontage improvements to meet City of Kent roadway standards will be required as conditions of approval These improvements include but are not limited to curb, gutter sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance As a non-project action, this rezone will have no impacts on the transportation system at this time. However, upon development of the subject property, this proposed rezone would potentially result in the Page 2of9 Staff Report Graham Rezone #RZ-2005-2 KIVA #2050274 creation of one more PM Peak Hour Trip upon the City's street system than would be generated under the existing zoning designation based on the maximum densities allowed. 2. Water System The site receives water service from the City of Kent. 3. Sanitary Sewer System The site receives sanitary sewer service from the City of Kent 4. Stormwater System Stormwater systems will need to be addressed with any subsequent development The developer will be required to complete a drainage analysis and develop and submit drainage plans prepared in accordance with the 2002 City of Kent Surface Water Design Manual and the 1998 King County Surface Water Design Manual D. CONSISTENCY ANALYSIS The proposed rezone is consistent with the goals and policies of the City of Kent Comprehensive Plan. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Police Department Economic Develop. Manager Director of Public Works Fire Chief Parks & Recreation Director City Clerk City Attorney Kent School District U.S. Post Master WA Dept of Ecology K. C. Wastewater Treatment King Co Environmental Health Puget Sound Energy King Co Transit Division Qwest King Co Wastewater Treatment Div. In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing A Notice of Application was posted on the site and published in the King County Journal on March 11, 2005 No written comments were received regarding this application. Page 3 of 9 Staff Report Graham Rezone #RZ-2005-2 KIVA#2050274 IV. PLANNING SERVICES REVIEW A. Comprehensive Plan In 2004 the Kent City Council adopted an update to the Kent Comprehensive Plan which represented revisions to demographics, housing and employment forecasts, and relevant goals and policies affected by the referenced inclusion of pertinent local and regional policy documents. As with the 1995 plan, the 2004 update was prepared under the provision of the Washington State Growth Management Act. The comprehensive plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and the city departments to guide decisions on amendments to the City's zoning code and other developed regulations, which must be consistent with the plan, as well as guide decision making about the funding and location of the capital improvement projects. LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which ' designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows six units per acre. The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area. Overall Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents. Goal LU-9- Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within the existing city limits, and through an mterlocal agreement with King County, adopt the housing target of 619 new dwelling units within Kent's Potential Annexation Area. Policy LU-9 1: Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities. Policy LU-9.4• Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services. Page 4 of 9 Staff Report Graham Rezone #RZ-2005-2 KIVA#2050274 Goal LU-10: Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area to meet the housing needs of the region's changing demographics 1 Policy LU-10.4: Allow single family housing on a variety of lot sizes. Locate smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible. Planning Services Comment The goals and policies of the land use element support the proposed rezone The proposed location is located near existing urban services and infrastructure The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area In addition, infill development provides a more efficient means of providing services and enhancing pedestrian mobility. Also, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate protected population growth without converting single family lands to multifamily residential. Development of single family subdivisions on underdeveloped, single family zoned land is consistent with this objective. iGrowth Management Hearings Board decisions have determined that lands within urban growth areas should be divided at a minimum of four dwelling units per net acre to ensure efficient provision of urban services The zoning district SR-6 allows 6 05 dwelling units per acre and a minimum lot size of 5,700 square feet. jHOUSING ELEMENT Goal, Meet the current and future need for housing in the Kent area. Ensure opportunities and an appropriate living environment for Kent citizens Goal H-2: Promote the organization an enhancement of neighborhoods, and provide the opportunity for comfortable and well maintained housing for all citizens. 1 Policy H-2 2: Support housing with appropriate amenities for individuals, families and children. Goal H-5• Increase housing opportunities through a diversity of housing types and the innovative use of residential and commercial land Policy H-5 1 Expand the range of affordable housing choice available to meet the needs of both current Kent residents and residents projected in growth estimates. tPage 5 of 9 Staff Report Graham Rezone #RZ-2005-2 KIVA#2050274 Policy H-5 2• Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low income households, single family housing, and small lot sizes. Policy H-5.3: Promote diversity of housing types affordable to a range of income levels and cultural/ethnic diversity. Goal H-7• Encourage flexibility and innovative site and building design for a variety of housing developments to expand home ownership. Policy H-7 5 Revise zoning and development standards to provide options that increase the supply of affordable home ownership opportunities, such as small lot sizes, zero lot lines, manufactured housing, townhouses, condominiums, clustering, cottage and attached single family housing. Planning Services Comment The proposed rezone is supported by relevant goals and policies of the housing element Appropriate services, including, but not limited to, fire, police, medical services, neighborhood shopping and child care are easily accessible to neighborhood residents upon development of the subject property The proposed rezone increases the amount of land zoned for current and projected residential needs including single family housing and smaller lot sizes. TRANSPORTATION ELEMENT I Goal TR-1• Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development, or a financial commitment is in place to meet the adopted standard within six years, before allowing it to proceed. Policy TR-1 5- Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible Planning Services Comment: The Growth Management Act requires consistency between land use and transportation planning As noted, the Land Use Plan identifies the area of the rezone as SF 6 Single Family Residential When developed in the future, a new development will add to the connectivity of the surrounding neighborhoods by completing the previous road connections anticipated to occur through the site. The City's Public Works Department will identify specific improvements which will be necessary along the 94`h Avenue South property frontage to serve future Page 6 of 9 Staff Report Graham Rezone #RZ-2005-2 KIVA #2050274 development of the property and accommodate the higher density permitted under this rezone. B. Standards and Criteria for Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria 1. The proposed rezone is consistent with the Comprehensive Plan. Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF 6, Single Family Residential which allows up to six units per acre. A rezone of the site from SR-2 Single Family Residential to SR-6 Single Family Residential will allow residential development up to six units per acre, which is also allowed under the Comprehensive Plan As previously mentioned, the proposed rezone is also consistent with the applicable goals and policies of the Comprehensive Plan 2. The proposed rezone and subsequent development of the site would I be compatible with development in the vicinity. Planning Services Comment The proposed rezone and subsequent development of the site would be compatible and integrate well with the existing development in the vicinity. This area of Kent has been experiencing increased densities with the approval of numerous short subdivisions along 94'h Avenue South, and the subject property is surrounded by single family residences on large lots which have future development potential Subsequent development of the site will permit the construction of one additional single family, detached residential home. 3. The proposed rezone will not unduly burden the transportation 1 system in the vicinity of the property with significant adverse impacts which cannot be mitigated. ' Planning Services Comment A rezone of this property to SR-6, Single Family Residential will not generate additional trips onto the existing transportation system. However, future development of a subdivision will add trips to the local street system Upon future development of the site, road and street frontage improvements to meet the City of Kent roadway standards will be required as conditions of approval. These improvements include but are not limited to curb, gutter, sidewalks, planting strips, street lighting, paving, necessary street improvements, and public ' Page 7 of 9 Staff Report i Graham Rezone #RZ-2005-2 KIVA #2050274 stormwater conveyance. The applicant will be required to participate in other City transportation improvement protects by providing an environmental mitigation fee for the impacts created by future development 4. Circumstances have changed substantially since the establishment ' of the current zoning district to warrant the proposed rezone. Planning Services Comment The subject parcel was annexed to the City of Kent on February 8, 1995 and is developed with a single family residence and two accessory storage structures In 2004, the Kent City Council adopted an update to the Kent Comprehensive Plan which designates this area as SF-6 Single Family Residential Along with the Land Use Plan Map and Policies, the plan also contains a target for the number of new households the City must accommodate for the 20-year time horizon of the plan. The GMA also states the City's development regulations must implement, and be consistent with the Comprehensive Plan Higher density single family development with smaller lot sizes while recognizing significant environmental features is consistent with the goals and policies of the Comprehensive Plan. Upon annexation in 1995, zoning for this parcel was set at SR-2 and the properties directly across 941h Avenue South to the east were set at SR 4 5, which represented a reduction of the allowable density of six units per acre as allowed with the previous King County zoning designation of R-6 At the time of annexation local residents were concerned with preservation of existing neighborhood character and potential traffic impacts along 94th Avenue South that would arise with further development in the area Since the time of annexation this area has been experiencing increased densities with the approval of numerous short subdivisions along 941h Avenue South Additionally, on April 19, 2005 the Kent City Council approved a rezone of 4 7 acres from SR4 5 to SR-6 known as the Mount View Rezone, which is located approximately nine block south of the subject parcel, and in October 2003 the Kent City Council approved a rezone of 9.78 acres from SR-4 5 to SR-6 known as the Morgan's Place rezone, which is located approximately one-half mile southeast of the subject parcel on 981h Avenue South Also since annexation significant improvements to roadway infrastructure in the immediate area were completed, specifically the South 272"d/2771h Street Corridor located south of the site This corridor provides roadway connectivity from the East Hill area of Kent to the valley floor and provides direct freeway access for residents coming off the Kent East Hill. Page 8of9 , I iStaff Report Graham Rezone #RZ-2005-2 KIVA#2050274 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site will be required to meet applicable codes and regulations, including mitigation of anticipated environmental impacts. Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. jV. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL without conditions of the Graham rezone. i KENT PLANNING SERVICES April 20, 2005 SC ch S-\Permit\Plan\rezone\2005\2050274-2005-2report doc Page 9 of 9 1 1 1 E, i 1 ' I \ I J -1 1 APPLICATION NAME: GRAHAM REZONE REQUEST: #RZ-2005-2 VICINITY MAP OFFICE OF THE LAND USE HEARING EXAMINER Theodore P Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION jFILE NO: GRAHAM REZONE #RZ-2005-2 KIVA #RPP4-2050274 tAPPLICANT: Kevin Graham 22521 94t" Avenue S. jKent, WA 98031 REQUEST: A request to rezone .34 acres from SR-2, Single Family Residential, to SR-6, Single Family Residential. LOCATION: 22521 94th Avenue S. APPLICATION FILED- January 31, 2005 DETERMINATION OF NONSIGNIFICANCE ISSUED. April 18, 2005 MEETING DATE: May 18, 2005 ' RECOMMENDATION ISSUED: June 2, 2005 RECOMMENDATION: APPROVED STAFF REPRESENTATIVE: Sharon Clamp, Planning Services iPUBLIC TESTIMONY: Kevin Graham, applicant Other Lowell Good EXHIBITS: 1. Staff report dated April 20, 2005 with the following attachments: A. Rezone Application B. City Department Routing C. Public Notice Documents, including affidavits, mailing list and publication correspondence Findings, Conclusions and Reconsideration Hearing Examiner for the City of Kent Graham #RZ-2005-2 K1VA #RPP4-2050274 Page 1 of 7 D. Notice of Application / Completeness Documents, Including affidavits, distribution list and publication correspondence E. Mitigated Determination of Non significance. 2. Kent City Zoning Map, dated 2005. , 3. Aerial photo of property Upon consideration of the testimony and exhibits admitted at the open record hearing, , the Hearings Examiner enters the following Findings, Conclusions and Recommendation: FINDINGS 1. The Applicant requested a zoning map amendment to rezone approximately 34 acres of land ("Graham parcel") from SR-2 (Single-Family Residential, maximum density 218 dwelling units per acre) to SR-6 (Single-Family Residential, maximum density 6.05 dwelling units per acre). The subject property is located at 22521 94`h Avenue SE and is identified by King County Tax Parcel number 1822059303 Exhibit 1, Staff Report, pages 1-2; Exhibit 1, Attachment A. 2. Properties surrounding the site consist of multiple zoning districts. Properties to ' the west are zoned townhouse, garden density and high density multifamily residential. Properties to the east are zoned SR 4.5, Single Family Residential. Zoning 575 feet to the north is SR-6, Single Family Residential, and the zoning 750 feet to the south is SR-6, Single Family Residential Exhibit 1, Staff Report, page 2; Exhibit 2, Zoning Map. 3. In 1995 the City of Kent adopted its Comprehensive Plan (updated 2004). The City of Kent Comprehensive Plan Land Use Map designates the subject property as Single-Family, six units per acre (SF-6)1. Exhibit 1, Staff Report, page 2, 4 and 7. 4. The subject property was annexed to the City of Kent on February 8, 1995 (Ord. 3210) In October 2003 the Kent City Council approved a rezone of 9 78 acres from SR-4 5 to SR-6 known as the Morgan's Place rezone, which is located approximately one-half mile southeast of the subject parcel on 981h Avenue , South. On April 19, 2005, the Kent City Council approved a rezone of 4 7 acres from SR4.5 to SR-6 known as the Mount View Rezone, which is located , approximately nine blocks south of the subject parcel The subject property is Please note that the Comprehensive Plan designation has an "SF" prefix, whereas the Zoning Code designation has an "SR" prefix. Findings, Conclusions and Reconsideration Hearing Examiner for the City of Kent Graham #RZ-2005-2 KIVA #RPP4-2050274 Page 2 of 7 1 surrounded by single family residences on large lots which have future development potential. Since annexation significant improvements to roadway infrastructure in the immediate area were completed, specifically the South 272nd/277th Street Corridor located south of the site. This corridor provides roadway connectivity from the East Hill area of Kent to the valley floor and provides direct freeway access for residents coming off the Kent East Hill. The proposed rezone and subsequent development of the site would be compatible and integrate well with the existing development in the vicinity. Exhibit 1, Staff Report, Page 2 and 7-8; Testimony of Ms. Clamp; Testimony of Mr. Graham. 5. The City of Kent Comprehensive Plan contains the following goals and policies 1 that are relevant to the rezone application: LAND USE ELEMENT Overall Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, i and enhances the quality of life of all of Kent's residents. Goal LU-9: Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within the existing city limits, and through an interlocal agreement with King County, adopt the housing target of 619 new dwelling units within Kent's Potential Annexation area. Policy LU-9.1: Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities. Policy LU-9.4: Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services Goal LU-10: Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area to meet the jhousing needs of the Region's changing demographics. Policy LU-10.4: Allow single-family housing on a variety of lot sizes. Locate I smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible. HOUSING ELEMENT Overall Goal. Meet the current and future need for housing in the Kent area. Ensure opportunities and an appropriate living environment for Kent citizens. Findings, Conclusions and Reconsideration Hearing Examiner for the City of Kent Graham #RZ-2005-2 KlVA #RPP4-2050274 Page 3 of 7 Goal H-2: Promote the organization and enhancement of neighborhoods, and provide the opportunity for comfortable and well-maintained housing for all citizens. Policy H-2 2: Support housing with appropriate amenities for individuals, families i and children ■ Goal H-5: Increase housing opportunities through a diversity of housing types and the innovative use of residential and commercial land. Policy H-5 1• Expand the range of affordable housing choices available to meet I the needs of both current Kent residents and residents projected in growth estimates. Policy H-5 2: Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low income households, single family housing, small lot sizes. Policy H-5.3: Promote diversity of housing types affordable to a range of income levels and cultural/ethnic diversity. Goal H-7: Encourage flexibility and innovative site and building design for a , variety of housing developments to expand home ownership. Policy H-7.5: Revise zoning and development standards to provide options that increase the supply of affordable home ownership opportunities, such as small lot sizes, zero lot lines, manufactured housing, townhouses, condominiums, clustering, cottage and attached single family housing. TRANSPORTATION ELEMENT: Overall Goal: Provide for a balanced multimodal transportation system which will support current and projected land use patterns and provide an adequate level of transportation service. Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development, or a financial commitment is in place to meet the adopted standard within six years, before allowing it to proceed. Findings, Conclusions and Reconsideration Hearing Examiner for the City of Kent Graham #RZ-2005-2 KIVA #RPP4-2050274 Page 4 of 7 Policy TR-1.5: Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Exhibit 1, Staff Report, pages 4-6; Kent Comprehensive Plan. These goals and policies support the proposed rezone. The proposed location is located near existing urban services and infrastructure. The City supports the development of close-in vacant or underdeveloped properties, which limits further I urban sprawl on the edges of the planning area. In addition, infdl development provides a more efficient means of providing services and enhancing pedestrian mobility. Also, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family lands to multifamily residential. Development of single family subdivisions on underdeveloped, single family i zoned land is consistent with this objective. The Land Use Plan Map designates ■ the subject property as SF-6, Single Family Residential which allows six units per 1 acre. Development of the property will impact the transportation system, but such impacts can be mitigated during preliminary plat approval by conditioning plat approval on such mitigation. Exhibit 1, Staff Report, pages 4-6 6. The site has frontage along 94th Avenue South. The proposed rezone appears to have no impact on the transportation system at this time However, upon development of the subject property, this proposed rezone could potentially result in the creation of 1 more PM Peak Hour Trip upon the City's street system than would be generated under the existing zoning designation based on the maximum densities allowed Upon future development of the property, road and street frontage improvements to meet City of Kent roadway standards will be required as conditions of approval. These improvements include but are not limited to curb, gutter, sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance Exhibit 1, Staff Report, Page 2 and 7-8. 7. Pursuant to the State Environmental Policy Act (SEPA), the City of Kent acted as lead agency for review of environmental impacts caused by the proposal. The City issued a Determination of Nonsignificance (DNS) on April 18, 2005. The DNS contains no conditions for the proposed rezone. Exhibit 1, Staff Report, page 2; Exhibit 1, Staff Report, Attachment E. 1 8. Notice of the open record hearing was posted on the property, mailed to properties within 300 feet of the site and published in King County Journal in accordance with City ordinances Exhibit 1, Staff Report, page 4; Exhibit 1, Staff Report, Attachment C. Mr. Good was present at the hearing and expressed his interest in the approval of the proposed rezone due to his ownership of an adjacent parcel of land. Testimony of Mr. Good. Findings, Conclusions and Reconsideration Hearing Examiner for the City of Kent Graham #RZ-2005-2 KIVA #RPP4-2050274 Page 5 of 7 CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi- judicial rezone and to issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and Chapters 2.32 and 15.09 of the Kent City Code Criteria for Review ' Section 15.09.050(C) of the Kent Zoning Code sets forth the standards and criteria the I Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: a. The proposed rezone is consistent with the Comprehensive Plan; b. The proposed rezone and subsequent development of the site would be I compatible with development in the vicinity; C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone; ' e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Conclusions based on Findings: 1. The proposed rezone is consistent with the Comprehensive Plan. Findings of Fact Nos. 3 and 5. 2. The proposed rezone and subsequent development of the site is compatible with surrounding development. Findings of Fact Nos. 2-5. 3. The proposed rezone would not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Findings of Fact No. 6. 4. Circumstances have changed substantially since the establishment of the current zoning district. The changed circumstances include an increase in Findings, Conclusions and Reconsideration Hearing Examiner for the City of Kent Graham #RZ-2005-2 KlVA #RPP4-2050274 Page 6 of 7 ihousing density in the vicinity of the site and improvements to street infrastructure. In addition, the Washington State Supreme Court has ruled, with respect to a proposed rezone, that a demonstration of changed circumstances is not required if the rezoning is consistent with an adopted comprehensive plan. Save Our Rural Environment v. Snohomish County, 99 Wn 2d 363, 370-71 (1983). Findings of Fact Nos. 3-5; Conclusion No 1. 5. The proposed rezone would not adversely affect the health, safety and general welfare of the citizens of the City of Kent. The rezone is consistent with the comprehensive plan and would allow only a single additional dwelling unit to be constructed once the subject property is divided Subsequent I development of the property would be required to meet applicable codes. The additional quantity of impact caused by the SR-6 project density can be mitigated through the implementation of development regulations and conditions of subdivision approval. Environmental review was conducted pursuant to SEPA on the rezone proposal and no significant unmitigated adverse impacts were identified. Findings of Fact Nos. 5-7. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a rezone of King County Tax Parcel number 1822059303 from SR-2 to SR-6 be APPROVED Dated this 2nd day of June 2005. THEODORE PAUL HUNTER Hearing Examiner ch SAPermMPlan\rezone\2005\2050274-2005-2findings doc Findings, Conclusions and Reconsideration Hearing Examiner for the City of Kent Graham #RZ-2005-2 KlVA #RPP4-2050274 1 Page 7 of 7 Kent City Council Meeting Date July 5, 2005 Category Bids 1. SUBJECT: THREE FRIENDS FISHING HOLE A4""—AWARD 2. SUMMARY STATEMENT: The bid opening was held on June 21, 2005, with two (2) bids received. The apparent low bid was submitted by LW Sundstrom, Inc. in ' the amount of S473,062, plus Washington State Sales Tax (WSST). The Parks Director recommends authorizing the Mayor to enter into an agreement with LW Sundstrom, Inc. in the amount of$473,062, plus Washington State Sales Tax (WSST) to complete the Three Friends Fishing Hole Project. 3. EXHIBITS: Bid tab I4. RECOMMENDED BY: Parks Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no. Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the Mayor be authorized to enter into an agreement with LW Sundstrom, Inc in the amount of$473,062, plus Washington State Sales Tax (WSST) to complete the Three Fnends Fishing Hole Project tDISCUSSION: ACTION: C/ Council Agenda Item No. 8A 1 BID TABULATION FORM KENT PARKS, RECREATION & COMMUNITY SERVICES ' CITY OF KENT,WASHINGTON Project: PR 05 02 Name: Three Friends Fishing Hole Date: June 21, 2005 Due: 11:00 a.m. Opened: 11.15 a m. IBidder Total Lump Sum Bid 1. LW Sundstrom, Inc. of Ravensdale,WA $473,062.00 2. GenCon Pacific of Edgewood,WA $522,100.00 Note: Increases in the price of steel at 25%and general expenses(i.e fuel) caused both bids to come in high Staff feels there is appropriate substitute materials for steel that will lower the Iprice of the project to within the budget of$400,000 and will issue a Change Order accordingly. 1 1 i t REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTE F. PARKS AND HUMAN SERVICES COMMITTEE G. ADMINISTRATIVE REPORTS �z �r^` 5 Z ��✓ 1 REPORTS FROM SPECIAL COMMITTEES i Parks and Human Services Committee Minutes May 19, 2005 i Committee members present: Deborah Ranniger, Debbie Raplee,Tim Clark tThe Kent City Council Parks and Human Services Committee was called to order by Deborah Rammger at 4:05 p.m. 1. Approval of Minutes Clark moved to approve the Parks and Human Services Committee meeting minutes of the April 21, 2005. Raplee seconded. The motion passed 3-0. 2. Interlocal Agreement with Auburn for Home Repair Services-Authorize and Amend Budget Housing and Human Services Manager Katherin Johnson explained that the City of Auburn is requesting the City of Kent continue to provide Home Repair services to Auburn residents in 2005. An interlocal agreement outlining the services and compensation must be executed The City of Kent will be reimbursed by the City of Auburn for all costs associated with the program for a sum of$154,000.000, including a $15,400 00 administrative fee (10%of the contract). Raplee moved to recommend authorizing the Mayor to sign the 2005 Interlocal Agreement with City of Auburn for Home Repair Services and amend the Home Repair budget. Clark second. The motion passed 3-0. ' Discussion followed on the impacts of Community Development Block Grant funds being cut by the Federal government and how this could negatively impact the Home Repair Program 3. Cultural Development Authority of King Countv 2005 Sustained Support Grant- Accept and Amend Budget Cultural Services Ronda Billerbeck informed the Committee that the Cultural Development Authority of King County(dba"4Culture") has awarded the Kent Arts Commission$11,415 00 in Sustained Support funding through a competitive grant ' process. The funding will support 2005 programs, including Spotlight Series performances, Kent Kids' Arts Day, Kent Summer Concert Series and two Missoula Children's Theatre residencies. Clark moved to recommend accepting the Sustained Support grant in the amount of $11,415 00 from the Cultural Development Authority of King County to support 2005 Kent Arts Commission programs, approving the expenditure of funds in the Kent Arts Commission budget and authorizing the Mayor to sign the agreement, upon review by the City Attorney. Raplee seconded Motion passed 3-0. Parks and Human Services Committee Meeting Minutes May 19, 2005 Page 2 Discussion followed on King County funding challenges and finding new sources of financial support 4. Quota International Donation for Service Club Park-Accept and Amend Budget On July 15,2004, Quota International notified the Parks Committee of their intention to match the $37,500 00 pledge from local service clubs to support of the Service Club ball field project Quota International is a women's based service club that has supported assistance to children in the Kent area for over 13 years Representatives of the Quota International service club will attend the June 7, City Council meeting to present the , $7,000 00 check. Raplee moved to recommend accepting the donation of$7,000.00 from Quota International of Kent Valley for the Service Club Park development and authorizing the expenditure of funds in the Service Club Ball Fields budget Clark seconded Motion passed 3-0. 5. Kent Lions Club Donation for Service Club Park-Accept and Amend Budget Bill Westcott of the Kent Lion's Club presented a check for$24,000.00,which is final payment of their original pledge made in 1999. Kent Service Clubs have pledged $140,000.00 towards construction of the ball fields and$37,500 00 for the play equipment To recognize their contributions,ball fields and play equipment at the park will be named for each club. Bill reported that the Kent Lion's Club 34th Annual Cornucopia Days is July 17 through 18, and the Saturday Market's 22nd year starts June 4, through October 15. The market runs every Saturday from 9.00 -2:00 p.m., with several new vendors added this year Bill will also attend the June 7, City Council meeting to formally present the donation check Clark moved to recommend accepting the donation of$24,000.00 from the Kent Lions Club in support of the Service Club Park development and authorizing the expenditure of funds in the Service Club Ball Fields budget. Raplee seconded Motion passed 3-0 6. Interagency Committee for Outdoor Recreation Grant for Canterbury Park i Expansion -Accept and Amend Budget Superintendent of Parks and Opens Space Lori Flemm shared that in 2004, Park staff , applied to the Interagency Committee for Outdoor Recreation(IAC) and received a $92,500.00 Land and Water Conservation Fund Program grant. These funds will be used to purchase 9.1 acres adjacent to Canterbury Park at 244th and I00th Avenue. Superintendent Flemm conuuended Project Manager Shane Gilbertson for securing this grant. i 1 Parks and Human Services Committee Meeting Minutes May 19, 2005 Page 3 Raplee moved to recommend accepting the grant for$92,500.00 from the Interagency ' Committee for Outdoor Recreation for the Canterbury Park expansion, authorizing the expenditure of funds in the Canterbury Acquisition and Development budget, and approving the Mayor to sign the agreement, upon review by the City Attorney Clark seconded Motion passed 3-0. 7. Interagency Committee for Outdoor Recreation Grant for Clark Lake Park- Accept and Amend Budget Superintendent of Parks and Open Space Lori Flemm stated that in 2004, Park staff applied to the Interagency Committee for Outdoor Recreation(IAC) and received a $250,000 00 Land and Water Conservation Fund Program grant. These funds will be used to purchase 4 acres adjacent to Clark Lake Park. Superintendent Flemm commended Parks Planner Perry Brooks for securing this grant 1 Clark moved to recommend accepting the grant for$250,000.00 from the Interagency ' Conunittee for Outdoor Recreation for the Clark Lake Park expansion, authorizing the expenditure of funds in the Park Land Acquisition budget, and approving the Mayor to sign the agreement, upon review by the City Attorney. Raplee seconded The motion passed 3-0. ' 8. Surplus Residential Structure and Allow Demolition at 13122 SE 251st Street- Authorize 1 On March 21, 2005, the City purchased the property adjacent to Wilson Playfields at 13122 SE 2515` Street to enhance the existing sports complex. The residential structure ' and effects are being declared surplus to the needs of the City. Raplee moved to recommend approving Council declare the structure and effects at 13122 SE 251"Street in Kent surplus and allow salvage and demolition. Clark seconded. Motion passed 3-0. I Superintendent Lori Flenun explained that with any surplus structure,the process is putting it out to bid and the highest bidder moves it off the site If the structure is not suitable for selling, any usable products are recycled and then it is demolished. ' Occasionally,the structure is used by the Police and/or Fire Departments for training exercises before it is demolished. 9. Surplus Residential Structure and Allow Demolition at 10808 SE 248th Street- Authorize ' Superintendent Lori Flemm informed the Committee that on May 13,2005,the City purchased the 2.5 acres adjacent to Morrill Meadows Park at 10808 SE 248th Street to expand the existing park The residential house and shed are being declared surplus to the Parks and Human Services Committee Meeting Minutes , May 19, 2005 Page 4 needs of the City. The structures located on thts site were designated unsuitable to sell ' and are scheduled for Police training exercises the weekend of May 21. Clark moved to recommend approving Council declare the structures at 10808 SE 248th Street in Kent surplus and allow salvage and demolition. Raplee seconded The motion passed 3-0. 10. Mill Creek Earthworks Park Stairs -Informational Superintendent Lon Flemm reported that the firm of Staaleson Engineering was hired to assess the structures at Mill Creek Earthworks Park, located at 7423 E. Titus Street. Severe weathering, splits, openings for rot invasion,pooi handrail design, weak connections and rotting wood was discovered in many structures. Staff proposes the ' following: • Eliminate stair tower ' • Use short stairs and long stairs as entrance to the park from Smith Street. • Block off Mill Creek walking bridge at middle viewing area • Complete replacement with new framing schemes including concrete piers. ' • Top pnonty to 2005 for safety reasons is replacing the short stairs. Next step - the consultant is completing construction drawings. Total cost: Bring existing structures back to safe operating condition: $51,000- 15 year/$3,433 , yearly cost New framing scheme bring existing structure to a safe condition and extend useful life. ' $114,000 - 40 year/$2,850 yearly cost. Cost of routine maintenance,assuming oil-base stain application is applied ever two years: $10,250 bi-annual. 11. Pool and Recreation Feasibility Studv-Informational , Superintendent of Recreation and Cultural Services Lori Hogan stated that interviews were conducted with five consulting firms made up of experts in pools, analysis and engineering. References are currently being checked on the top two finalists. Staff , anticipate awarding the contract during the week of May 23. The study should be completed by the first part of November. Superintendent Hogan thanked Deborah Ranniger and Debbie Raplee for assisting on the interview panel. ' 12. Public Communication-Walk on: Bob O'Brien 1131, Seattle Street,Kent opened discussion on city-employed Golf Pros vs. ' contracted Golf Pros. ' Parks and Human Services Committee Meeting Minutes May 19, 2005 Page 5 ' Director John Hodgson responded that the city contracts 2-4 outside Golf Pros and utilizes 4 city employee Golf Pros. City policy approves city golf pros teaching after 40 hours of work is completed,with pay based on a 80/20 split. This pay arrangement has been reviewed by the internal auditor and follows the industry standard. ' Mr O'Brien plans to submit a Public Records Request to obtain payroll documentation. The meeting adjourned at 5:05 p.m. Teri Petrole Parks and Human Services Committee Secretary PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 16, 2005 Committee Members: Chair Tim Clark, Ron Harmon, Bruce White The meeting was called to order by Chair Clark at 4 00 P M. ' Approval of Minutes Member Harmon MOVED and Member White SECONDED to approve the minutes of April 18, 2005 Motion PASSED 3-0 ' Manufactured Housing #ZCA-2004-1 Planning Manager Charlene Anderson explained that State Senate Bill #6593 precipitated this amendment. This Senate Bill allows manufactured housing in all residential zoning districts Building Official, Bob Hutchinson discussed the criteria for building manufactured homes under Federal Standards and responded to questions raised concerning quality control issues Assistant City Attorney Kim Adams Pratt clarified for the Committee that the city would not incur any additional legal liabilities with construction of manufactured homes The Committee ' discussed their concerns with the permitting process, design review and community impacts Member White MOVED and Member Clark SECONDED a Motion to recommend approval of #ZCA-2004-1 Manufactured Housing amending Chapter 15 of Kent City Code to allow ' designated manufactured homes in all residential zoning districts as recommended by the Land Use and Planning Board. Motion PASSED 3-0. ' The Committee concurred with Ms Anderson's request that this amendment be brought forward to the June 7, 2005 City Council meeting as an ordinance for the consent calendar She stated that State Legislation takes effect July 1, 2005 King County Commercial Land Use Code Consistency Ms Anderson stated that this item is in response to a request by the Committee to begin ' discussions with King County on the differences between their code and Kent's code, in general related to commercial land use and more specifically related to gambling establishments Ms Anderson stated that she spoke with King County staff and it appears that this discussion will be wrapped up in the discussion of Kent's Potential Annexation Area and it is unlikely there will be any zoning changes within King County outside of that discussion Ms. Anderson described differences and similarities with King County's and Kent's commercial ' land use codes. She stated that King County incorporates gambling operations under their amusement and recreational service types of land use Ms Anderson stated that the County's and Kent's Codes are very similar, Kent would allow gambling establishments in the CC and GC zones as well Ms Anderson stated that Kent's Revenue Code overrules Kent's Zoning Code, thereby prohibiting social card games in Kent. ' Adjournment Chair Clark adjourned the meeting at 4.30 pm Pamela Mottram, Admm Secretary,Planning Services S IPermiliPlan0annmg Committee 00051MIrnules1051605mm doc ' CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES May 19,2005 ' COMMITTEE MEMBERS: Debbie Raplee,Les Thomas,Deborah Ranniger, Chair • The meeting was called to order by Chair Deborah Ranniger at 5:08 PM. • Chair Ranmger noted that there would be three additions to the agenda. 1. Approval of Minutes ' Les Thomas moved to approve the minutes of the Apt i121,2005 meeting. The motion was seconded by Debbie Raplee and passed 3-0. ' 2. Surplus and Donate one 1989 Engine/Aid Unit-AUTHORIZE Fire Chief Jim Schneider reviewed the condition and reserve status of the unit. Debbie Raplee moved to recommend placing on the Consent Calendar of the June 7. 2005 Council Meeting the surplusing of one(1) Pierce Engine/Aid Unit and also granting authority to donate said apparatus to Kent's El Grullo Sister City Committee. The motion was seconded by Les Thomas and passed 3-0. 3. Ordinance amending Kent City Code 13.05—Fireworks-ADOPT Fire Marshal Jon Napier reviewed the purpose of the amendment. The Committee members expressed concern that the hours of discharge of fireworks were not noted in the amendment. ' In order to remain consistent with the established discharge times of 9 AM to I I PM,they asked the Fire Marshal to confer with Law Department prior to the July 7,2005 Council Meeting and provide an amendment addressing hours of discharge at that meeting Les Thomas moved to recommend the City Council adopt the proposed ordinance amending Chapter 13.05 of the Kent City Code relating to public fireworks display permits and providing the authority,commencing one year from the date of passage, to ban the sale, use and discharge of fireworks if a high fire danger exits. ' The motion was seconded by Debbie Raplee and passed 3-0. 4. Fireworks display permits(2) -AUTHORIZE Fire Marshal Jon Napier explained the purpose of the two permits. Debbie Raplee moved to recommend placing on the Consent Calendar of the June 7, 2005 Council Meeting that authorization be granted to issue fireworks display permits for the Washington State PatrollFire marshal media event and for the wedding ' ceremony scheduled for June 11,2005. The motion was seconded by Les Thomas and passed 3-0. ' 5. Interlocal Agreement between king County and City of Kent—Use of the Ravensdale Range-AUTHORIZE Deputy Chief Chuck Miller explained the purpose of the agreement Les Thomas moved to recommend placing the Interlocal Agreement between King County and City of Kent Relating to the use of the Ravensdale Range on the Consent Calendar of the June 7,2005 Council Meeting,and authorizing the Mayor to sign time agreement. ' The motion was seconded by Debbie Raplee and passed 3-0. 6. Washington Tra/fic Safetv Commission additional funds—ACCEPT and AMEND BUDGET Deputy Chief Cluck Miller explained the proposed use of the additional funds Debbie Raplee moved to recommend accepting the Washington Traffic Safety Commission additional grant funds in the amount of$9,000.00, and placing this on the ' Consent Calendar of the June 7,2005 Council Meeting,and amending the budget. The motion was seconded by Les Thomas and passed 3-0. 1 7. Washington Traffic Safety Commission Brant —ACCEPT , Deputy Chief Chuck Miller explained the proposed use of the funds. Les Thomas moved to recommend accepting the Washington Traffic Safety , Commission grant in the amount of$65,750.00, placing this on the Consent Calendar of the June 7,2005 Council Meeting,and establishing the budget. The motion was seconded by Debbie Raplee and passed 3-0. 8. DSHS: Division of Alcohol& Substance Abuse grant-AUTHORIZE r Deputy Chief Chuck Miller explained the funds would be used to continue to support the Kent Drinking Driver Task Force. , Debbie Raplee moved to recommend the Council accept the Reduce Underage Drinking grant from DSHS/Division of Alcohol and Substance Abuse, placing this on the Consent Calendar of the June 7, 2005 Council Meeting,and to establish the , budget. The motion was seconded by Les Thomas and passed 3-0. 9. Fireworks in Kent—Update , Fire Marshal Jon Napier spoke about the plan for fireworks enforcement this year and noted that the Fire and Police Departments will begin their emphasis on June 28`h. He also mentioned a media event which will be held on June 281h at the Police/Fire Training Center. ' ADDED ITEMS: 10. Washington Traffic Safety Commission grant—ACCEPT ' Deputy Chief Chuck Miller explained the proposed use of the grant funds. Les Thomas moved to recommend accepting the Washington Traffic Safety Commission grant in the amount of$5,000.00 and placing this on the Consent ' Calendar of the June 7,2005 Council Meeting. The motion was seconded by Debbie Raplee and passed 3-0. 11. Interlocal Agreement Between Washington State Department of Corrections and City of ' Kent—AUTHORIZE Deputy Chief Chuck Miller explained the purpose of the agreement. Debbie Raplee moved to recommend placing the Interlocal Agreement between ' Washington State Department of Corrections and City of Kent on the Consent Calendar of the June 7,2005 Council Meeting and authorizing the Mayor to sign the agreement. , The motion was seconded by Les Thomas and passed 3-0. 12. Fire Station Exhaust Extraction Svstems Sole Source Procurement-AUTHORIZE ' Charlie Lindsey, Facilities Superintendent,explained the sole source vendor request Les Thomas moved to recommend authorizing the Mayor to enter into an agreement with Air Exchange, Inc.to furnish the Plymovent vehicle exhaust extraction systems for Stations 72 and 76 in the amount of$84,277.88,excluding Washinton State Sales Tax, upon review by the City Attorney. The motion was seconded by Debbie Raplee and passed 3-0. The meeting adjourned at 5:47 PM. ' Jo Thompson r Administrative Assistant Public Safety Committee Minutes 2 May 19,2005 r ' PUBLIC WORKS COMMITTEE MINUTES June 6, 2005 COMMITTEE MEMBERS PRESENT: Comrmttee Chair Bruce White and Committee Members Ron Harmon and Debbie Raplee. The meeting was called to order at 5.10 P.M. ' Approval of Minutes Dated May 16,2005 Committee Member Ron Harmon moved to approve the minutes of May 16, 2005. The ' motion was seconded by Debbie Raplee and passed 3-0 Pacific Highway S.—Fund Authorization Agreement—North Phase—Kent Des ' Moines Road to S. 252"6 St. Mark Howlett, Design Engineering Supervisor said in order to be reimbursed from the Federal Government for construction expenses on the Pacific Highway South HOV ' Lanes project, north phase the City must accept the grant and establish a budget This grant agreement is in the amount of$5,043,538 00. ' Debbie Raplee moved to recommend authorizing acceptance of the Fund Authorization Agreement for the Pacific Highway South HOV Lanes Project— North Phase and authorize the establishment of the budget for same along with ' directing staff to spend the money accordingly. The motion was seconded by Ron Harmon and passed 3-0. ' Pacific Highway S.—Fund Authorization Agreement—South Phase—S. 252"d Street to S. 272" Street Mark Howlett, Design Engineering Supervisor said in order to be reimbursed from the Federal Government for construction expenses on the Pacific Highway South HOV ' Lanes project, south phase the City must accept the grant and establish a budget. This grant agreement is in the amount of$674,726.00 Ron Harmon moved to recommend authorizing acceptance of the Fund Authorization Agreement for the Pacific Highway South HOV Lanes Project— South Phase and authorize the establishment of the budget for same along with ' directing staff to spend the money accordingly. The motion was seconded by Debbie Raplee and passed 3-0. Joint Trench Agreement with Qwest Chad Bieren, Project Engineer said as part of the South 2286 Street Extension project the overhead utilities need to be converted to underground in accordance with City ' ordinance Per this joint trench agreement Qwest will pay the City to install Qwest conduit and vaults. ' Debbie Raplee moved to recommend authorizing the Mayor to sign the Joint Trench Agreement with Qwest for work on Military Road upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion ' was seconded by Ron Harmon and passed 3-0. Joint Trench Agreement with Comcast ' Chad Bieren, Project Engineer said as part of the South 228`h Street Extension project the overhead utilities need to be converted to underground in accordance with City � I 2 'ordinance. Per this point trench agreement Comcast will pay the City to install Comcast conduit and vaults. Ron Harmon moved to recommend authorizing the Mayor to sign the Joint Trench ' Agreement with Comcast for work on Military Road upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion ' was seconded by Debbie Raplee and passed 3-0. King County Interlocal Agreement ' Beth Tan,Environmental Engineer said the amendments to the existing interagency agreement will allow the City of Kent to contract with the King County Road Services to perform work on four projects; Garrison Creek Channel Restoration, 228`h/224' Corridor—Wetland Mitigation, East Hill Skate Park Rough Grade and Fill, and Pacific Highway South Wetland Mitigation. Debbie Raplee moved to recommend authorizing an amendment to the King County , interagency agreement approved on March 15,2005 to include the following projects: Garrison Creek Channel Restoration, 228`h/224`h Corridor—Wetland Mitigation, East Hill Skate Park Rough Grade and Fill, and Pacific Highway South ' Wetland Mitigation. The motion was seconded by Ron Harmon and passed 3-0. S. 228`h Street Extension Consultant Services Contract Tim LaPorte, Design Engineering Manager said Public Works will need to utilize consultants to complete specialized design elements of this project. It is not desirable for the City to maintain the level of staff needed for this project Authorizing the Mayor to ' sign the contracts for these services will allow work to begin as soon as possible and help keep the project on schedule. Ron Harmon moved to recommend authorizing the Mayor to sign consultant , services agreements for the following disciplines; structural engineering for Riverview Boulevard Bridge and Military Road retaining walls; utility seismic , designer; wetland mitigation inspection and wetland mitigation monitoring; inspection services for structural,geotechnical, materials testing, and roadway construction; traffic signal design; and , real property appraiser and property negotiator. The motion was seconded by Ron Harmon and passed 3-0. Pacific Highway South Consultant Services Contract ' Tim LaPorte, Design Engineering Manager said the permit issued by the Corps of Engineers for the Pacific Highway South HOV Lanes project requires the City to complete a wetland mitigation project,this request would allow Public Works to hire an inspector to oversee construction of the project, and a consultant to monitor the wetland Debbie Raplee moved to recommend authorizing the Mayor to sign consultant ' services agreement for wetland mitigation, inspection and wetland mitigation monitoring upon concurrence from the City Attorney and Public Works Director. The motion was seconded by Ron Harmon and passed 3-0. , W & H Pacific Contract Stan Wade, Construction Engineering Manger said this contract will provide the City of Kent construction inspection assistance for the Pacific Highway South HOV Lanes ' project. 3 Ron Harmon moved to recommend authorizing the Mayor to sign the contract with ' W & H Pacific for$188,000.00 to provide the City of Kent inspection services on the Pacific Highway South HOV Lanes project upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was ' seconded by Debbie Raplee and passed 3-0. 36`h Avenue South, Between Reith Road and South 260`h Street—Street Vacation ' Gary Gill, City Engineer said the City has received a valid petition to vacate a portion of 36`h Avenue South, Public Works is recommending adoption of a resolution setting a public hearing date of August 2, 2005 ' Debbie Raplee moved to recommend Council adoption of a resolution setting a public hearing date of August 2,2005 for the Street Vacation located along a portion of 36`h Avenue South,between Reith Road and South 260`h Street. The motion was ' seconded by Ron Harmon and passed 3-0. Challenge Course Larry Blanchard, Public Works Director said the Fire Department intends to construct a ropes type challenge course to be used as a team building facility for city employees and possibly other organizations. The Fire Department will maintain and pay for the course. ' Liability issues still need to be worked out. Ron Harmon moved to recommend authorizing Public Works Director and Fire Chief to sign the Memorandum of Understanding between the City of Kent Fire Department and the City of Kent Water Department for the construction of the Ropes Course/Challenge Course on property owned by the City of Kent Water Department. The motion was seconded by Debbie Raplee and passed 3-0. Easement with Soos Creek Water and Sewer Perry Brooks, Parks Planner said Soos Creek Water and Sewer District requires an agreement for an easement for the sanitary sewer line through Eagle Creek Park. The sewer line will be 20 feet deep. Debbie Raplee moved to recommend authorizing the Mayor to sign the Agreement for Easement with Soos Creek Water and Sewer District at Eagle Creek Park. The motion was seconded by Ron Harmon and passed 3-0. Transportation Master Plan Presentation ' Steve Mullen, Transportation Engineering Manager gave a brief presentation on the Transportation Master Plan ' The meeting adjourned at 6 01 P.M. Janet Perschek ' Administrative Assistant 1 CONTINUED COMMUNICATIONS 1 A. oT 1 1 1 1 1 1 1 1 , 1 1 1 1 I 1 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION