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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/04/2005 1 1 1 City of Kent City Council Meeting 1 Agenda i October 4, 2005 Mayor Jim White Deborah Ranniger, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas Julie Peterson Bruce White t KENT W A S H I N G T O N t City Clerk's Office KENT CITY COUNCIL AGENDAS K E N T October 4, 2005 W^5 H I N G r O^ Council Chambers MAYOR Jim White COUNCILMEMBERS. Deborah Ranniger, President Tim Clark Ron Harmon Julie Peterson Debbie Raplee Les Thomas Bruce White COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Suburban Cities Association Policy Position Councilmember Clark 15 min regarding Growth Management Board 2. WRIA 9 Update Public Works Staff 30 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC— Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Employee of the Month B. Economic Development Update C. Government Finance Officers Association Award Presentation D. Recreation Equipment, Inc (REI) Donation Presentation E. Prpelamation— Roherto and Araceli Gonzales Month F. IVATDA 5 PUBLIC HEARINGSJ�f d +o aer � None 6. CONSENT CALENDAR A Minutes of Previous Meeting—Approve B Payment of Bills —Approve C. Kent Reservoirs Seismic Strengthening and Painting Project—Accept as Complete D. S. 277"' St Trail Filling and Grading Project—Accept as Complete E. Fund Authorization Grant Agreement for S. 2281" St BNSI Railroad Separation Project—Accept and Amend Budget F. Fund Authorization Grant Agreement for Downtown Sidewalk Improvements— Accept and Amend Budget (Continued on Back) COUNCIL MEETING AGENDA CONTINUED G. Department of Community Trade and Economic Development Grant Agreement, Critical Areas Ordinance Wetlands Inventory —Accept and Amend Budget H 2O06-2011 Six Year Transportation Improvement Plan— Set Hearing Date I. Horseshoe Acres Stonnwater Pump Station—Accept as Complete J. Regional Automated Information Network Memorandum of Understanding— Authorize K. Law Enforcement Information Exchange Memorandum of Understanding— Authorize L. Valley Special Response Team Addendum One— Authorize M. Public Safety Testing Subscriber Agreement—Authorize N. Center for Advanced Manufacturing Grants from State of Washington and Federal Economic Development Administration—Accept and Amend Budget O Sub-grantee Contract with the Kent Chamber of Commerce for the Center for Advanced Manufacturing—Authorize P. King County Performance Network Grant for 2005 Performances —Accept and Amend Budget Q. Washington State Arts Commission 2006 Organizational Support Program Grant for Canterbury Arts Festival— Accept and Amend Budget R. King County Arts Facilities Grant for Portable Staging— Accept and Amend Budget S. Purchase of Portable Staging—Authorize T. Department of Natural Resources Grant for SE 2401h Street Tree Planting Project —Accept and Amend Budget U. REI Donation for East Hill Skate Park—Accept and Amend Budget V. Interagency Committee for Outdoor Recreation Grant for East Hill Skate Park — Accept and Amend Budget W. Department of Community, Trade and Economic Development Grant for Wilson Playfields Acquisition—Accept and Amend Budget X. Outcomes by Levy Contract—Authorize I. GxCA)5eJ At5ence f&✓ JwJu, Pe�CrScn 7. OTHER BUSINESS None 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL i COMMITTEES M Po irl" Lot ! 10. CONTINUED COMMUNICATIONS / wv� Ch. h1Gtr,,(- ovS�rGtLeaC�eo'S� 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 wwn ci Lcnt,,+a us An explanation of the agenda format is given on the back of thin page Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725 For TDD relay service cat[ the Washington Tetecommunications Relay Service at 1-800-833-6388. b m R.6,i K O ff r � � o.O 0 m a � _w `� o � 3- m �¢ •wo pa aw P^ = 'C v+ m3p�4n4 aTd Nacd m l a= D . • ac � � j � Gov � � � ° °c = � dd0.o ° ' nn � m � a un. < � c m ° �c� • ° � �' ry a �� N K � •� N �^ N � p.K m n • N S � N ._. � ° STw a N m b �m0 1pCry N n c<A ram. t=s w A A y as I W O n v P1 1 �O b o ao I c OD mac = n O ® H '� 3 ao 3� ooA N C w o c N �j c 3 � P • rnkA o tin g �z• T (D 4 0 L �O cT 'S c ~ =4 Kt0 S1A A3 °' AA ? n o-,Nm TD A mE� -•� = 3 c�0o 3 c�• m'O ° o n c o �G gg 7 j° Fm c c sTsd A u^, Sn NY^ c2Qa.NnoK � bp 3f1� i333 `en = � � G O °.,` 5M, Om' n ^ 3 V n-0 W H N 3 CE a� w a� 7�� alc a n o s o m a o t 3 ¢ A Z aH 3 c ° = ° o '^ A 30 � 2 � � r� A3d ,��- N 76 � Q a a• rs = � n - = As O w w3 a= vera3 - � -iC ' TAD jN • r o oe n n f °'o s o- 4 � aw°in+� o'7 W § a MA= �osn ° o 0@@ . .r 3T- =.� B ° < �cf L 2 W 4 0'0 N 2 n 0,Sao b 3 4 a _ (e c e e y �.l 1�' a n< N 7s = in tO A ��2 � �c�r< n 3� m '3 cnA an° � sn3 �Tc Togc �_ = fDa�o ? � � duo ^' `° 0 r) c c y o � �.� ' T33ao• � ('� r��oNAm°—' o� R1 �on3 o_z� v�w �. 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City Council Action: Councilmember 1 moves, Councilmember 41 M4TY'- seconds to approve Consent dalendar Items A through X Discussion Action VV\c,- 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of September 20, 2005. 6B Approval of Bills. Approval of payment of the bills received through September 15 and paid on September 15 after auditing by the Operations Committee on September 20, 2005. Approval of checks issued for vouchers. Date Check Numbers Amount 9/15105 Wire Transfers 2167-2182 $1,3441422.57 9/15105 PrePays & 583119 1,1301284 03 9/15/05 Regular 583859 1,513,073 09 5/16/05 Use Tax Payable 1,686.73 $3,989,466 42 Approval of checks issued for payroll for September 1 through September 15 and paid on September 20, 2005: Date Check Numbers Amount 9/6 & 9/13 Voids 285557,285585 & 286131 $ (391.14) Interim Checks 286234-286236 30647 Total of Voids & Reissues $ (84 67) 9/20/05 Checks 286237-286522 $ 217,995 36 9/20/05 Adv ices 185470-186158 1,287,74120 Total of Regular Payroll $1,505,736 56 Council Agenda Item No 6 A-B • Kent City Council Meeting KENT September 20, 2005 WASHINGTON The regular meeting of the Kent City Council was called to order at 7.00 p.m. by Mayor White. Councilmembers present: Clark, Harmon, Ranniger, Raplee, Thomas and White. Councilmember Peterson was excused from the meeting. (CFN-198) I CHANGES TO THE AGENDA A From Council, Administration, or Staff. (CFN-198) The Mayor added Public Communications Item A and Consent Calendar Items I and J. B From the Public. (CFN-198) Continued Communications Items A was added at the request Iof an audience member. PUBLIC COMMUNICATIONS A. Introduction of Appointees. (CFN-1127) Mayor White introduced Roberto Gonzales and Ahmet Egal, his appointees to the Diversity Advisory Board. PUBLIC HEARING A. 2006 Annual Budget (First Hearing). (CFN-186) Finance Director Nachlinger explained that the purpose of this hearing is to get input on the 2006 Budget from the Council and public. He took questions from the Council and the Mayor opened the public hearing There were no comments from the audience and RANNIGER MOVED to close the public hearing. Clark seconded and the motion carried. B. 2006-2011 Capital Improvement Plan (First Hearing). (CFN-775) Finance Director Nachlinger outlined the plan and the Mayor opened the public hearing Upon a question from Bob O'Brien, 1131 Seattle Street, it was noted that a public safety building and a pool are not included in the current cycle, and that priorities change from year to year. There were no further comments from the audience and RANNIGER MOVED to close the public hearing Clark seconded and the motion carried Ranniger encouraged citizens who are interested in a future aquatics center to attend upcoming meetings on the subject CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through J. Clark seconded and the motion carried A Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of September 6, 2005 were approved. IB Approval of Bills (CFN-104) Payment of the bills received through July 16 and paid on July 31 after auditing by the Operations Committee on August 16, 2005 were approved Approval of checks issued for vouchers: Date Check Numbers Amount 7/31/05 Wire Transfers 2121-2136 $1,223,415.56 7/31/05 Prepays & 581085 1,572,70043 7/31/05 Regular 581715 2,644,662 07 5/16/05 Use Tax Payable 2,165 59 $5,442,943.65 1 Kent City Council Minutes September 20, 2005 Approval of payment of the bills received through August 15 and paid on August t5 after auditing by the Operations Committee on August 16, 2005. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/05 Wire Transfers 2137-2152 $1,315,824 05 8/15/05 PrePays & 58 t 7 t 6 1,146,555 27 8/15105 Regular 582355 1,761,713.04 5/16/05 Use Tax Payable 1,49856 $4,225,590.92 Approval of checks issued for payroll for July 16 through July 31 and paid on August 4, 2005 j Date Check Numbers Amount 7/25/05 Interim Check 285270 $ 62348 Interim Payroll $ 62348 8/5/05 Checks 285271-285598 274,894.15 8/5/05 Advices 183414-184099 1,260,995.51 $t,535,889.66 C. S. 277th Street Trail, Block Wall Project. (CFN-171) The South 277t" Street Trail—Block Wall project was accepted as complete and release of the retainage to Prospect Construction, Inc upon standard releases from the state and release of any Dens was authorized D Washington State Department of Transportation Revised Temporary Easement Agreement For Riverview Park. (CFN-1038) The Mayor was authorized to initial the revised Temporary Construction Easement Agreement with the Washington State Department of Transportation for Riverview Park. E. West Valley Highway at 212th Rezone Ordinance. (CFN-12t) Ordinance No 3762 relating to land use and zoning, rezoning approximately 29 3 acres of property located at the northwest corner of West Valley Highway and South 212`" Street from Industrial Park(Ml) to Industrial Park Commercial (NI l-C) was adopted F. Daljit Cove Rezone Ordinance. (CFN-121) Ordinance No 3763 relating to land use and zoning, rezoning approximately 4 25 acres of property located at 22604 and 22522 94"' Avenue South, Kent, Washington from the current zoning of from Single Family Residential 4 5 units per acre (SR-4.5) to Single Family Residential 6 units per acre (SR-6) was adopted. G. 228th Street Corridor Qwest and Puget Sound Energv Agreements. (CFN-1134) The Mayor was authorized to sign the Design and Construction Agreements with Puget Sound Energy and Qwest, authorizing the two companies to utilize City property acquired for the S. 228`" Street Corridor West Hillclimb Extension to place underground facilities prior to roadway construction upon concurrence by the City Attorney and the Public Works Director. H. Lease Agreement For Cell Tower At Pump Station #5. (CFN-1038) The Mayor was authorized to sign the lease agreement with VoiceStream PCS III for placement of a cell tower at Pump Station #5, and the expenditure of funds to the Public Works budget were approved. 2 Kent City Council Minutes September 20, 2005 I. Excused Absence. (CFN-198) An excused absence for Councilmember Peterson from tonight's Council meeting was approved J. Diversity Board Re-appointments. (CFN-1127) The Mayor's re-appointments of Roberto Gonzalez and Ahmet Egal to continue serving as members of the Kent Diversity Advisory Board was confirmed Their new appointments will continue until 9/301,08. OTHER BUSINESS A. Municipal Lot Block Development Agreements and Resolution. (CFN-1298) Economic Development Manager Torgelson explained the two agreements which are part of a proposal to redevelop the Municipal Lot Block He described the project and the timeline. CLARK MOVED to adopt Resolution No 1710, authorizing the Mayor to execute all documents necessary to implement the Municipal Lot Block redevelopment proposal, including those referenced by this resolution in substantially the same form as attached, subject to modification and approval of the final terms and conditions by the City Attorney, and with the understanding that the land pooling transaction may be modified to accept assignment of a short-term lease for the restaurant property on that block. Ranniger seconded and the motion carried BIDS A LID 353: S. 228th Street Extension Wetland Mitigation Planting. (CFN-1269) The bid opening for this project was held on September 13, 2005, with two bids received The low bid was submitted by Buckley Nursery Co., Inc in the amount of$327,716 75 WHITE MOVED to authorize the Mayor to enter into a contract with Buckley Nursery Co , Inc in the amount of $327,716 75 for the S 228th Street Extension Wetland Mitigation project Raplee seconded and the motion carried. REPORTS Administrative Reports. (CFN-198) Mayor White noted that there will be no Executive Session CONTINUED COMMUNICATIONS A Emergencv Preparedness. (CFN-198) Bob O'Brien, 1131 Seattle St , suggested using the In-Box and Kent Reporter publications to provide emergency preparedness information. Fire Chief Schneider described existing programs and offered to look into additional means of educating citizens on the subject. ADJOURNMENT At 7 54 p.m. THOMAS MOVED to adjourn. Harmon seconded and the motion carried. Brenda Jacober, CMC City Clerk 3 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: KENT RESERVOIRS SEISMIC STRENGTHENING AND PAINTING PROJECT —ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the Kent Reservoirs Seismic Strengthening and Painting project as complete and release retainage to Advanced Construction, Inc upon standard releases from the state and release of any liens. The original contract amount was $301,376.00. The final contract amount was $360,375.94. Adequate funds exist within the project to cover this overage. 3. EXHIBITS: Public Works Director's memo ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 1 5. FISCAL IMPACT Expenditure" X 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 1 I DISCUSSION: ACTION: Council Agenda Item No 6C 17 PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director • Phone 253-856-5500 Fax 253-856-6500 K E N T WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: September 19, 2005 TO: Public Works Committee FROM: Merrill Vesper, Sr Project Engineer THROUGH- Larry Blanchard, Public Works Director SUBJECT: Kent Reservoirs Seismic Strengthening & Painting Project#04-3002 MOTION• Recommend to full Council acceptance of the project as complete upon standard releases from the state and release of any liens. SUMMARY: Where construction contracts have exceeded 10% of the original bid amount the Public Works Department has sought committee concurrence therewith prior to seeking full Council acceptance of said contract This particular contract is 19 5% over or approximately $59,000 As such the Public Works Department seeks Council acceptance of this project as complete BUDGET IMPACT• No Unbudgeted Fiscal/Personnel Impact BACKGROUND This project consisted of the seismic retrofitting of three City of Kent water reservoirs including Cambridge, Reith Road and 6 million gallon #1 and the complete painting of the 6 mg #1 reservoir exterior. The construction contract award amount was $301,376. The final construction cost is $360,375.94 which represents a 19 6% ($59,000) increase. There were two change orders covering four revisions. These revisions were made to further enhance the seismic survivability of the three reservoirs and to revise portions of the original plans It should be noted that the low bid of$301,376 was $171,904 under the engineers construction cost estimate at the time of bid and $305,624 under the original estimate and budgeted amount for construction. The City received a grant from FEMA (Federal Emergency Management Agency) for the seismic portion of the project (6 mg #1 repaint not included). The FEMA share is 75%, the Washington State Military Department Emergency Management Division share is 12 5% and the City of Kent's share is 12 5%. The change orders are entirely for the seismic work, therefore the City's share of the increase is S7,375. The City's share of the original grant approved construction cost for the seismic work was $66,250 The actual cost with change orders is $35,526.99 which is well within the budgeted amount. The original City total budget to include all costs for the seismic work including non construction costs is $272,561 (#W00013) which is more than enough to cover the City's cost. 18 This amount was originally budgeted for the Cambridge tank only prior to receiving the grant. With the grant we were able to retrofit three facilities and have money left over. The City budget of$100,000 (#W20042) for the 6.1 mg #1 tank painting is sufficient to cover that portion of the project with a final construction cost of $76,160 There were no change orders for the painting. The low bid of$301,376 was an excellent bid and the Public Works department is very satisfied with the work. The other 8 bidders bid from $382,000 to $527,000. With the grant funds, the low bid and a good contractor, the project is a success and a great deal for the City. Kent City Council Meeting Date October 4, 2005 Category Consent Calendar i 1. SUBJECT: S. 277TH STREET TRAIL FILLING AND GRADING PROJECT— ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the South 277r" Street Trail Filling and Grading project as complete and release retamage to Prospect Construction upon standard releases from the state and release of any liens The original contract amount was $44,378.90. The final contract amount was $69,189.41. Adequate funds exist within the project to cover this overage. 3. EXHIBITS: Public Works Director's memo 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 X 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 1 t DISCUSSION: ACTION: Council Agenda Item No 6D 1 PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director L • Phone 253-856-5500 K E N T Fax 253-856-6500 W a s N N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: September 19, 2005 TO: Public Works Committee FROM: Nick Horn, Project Engineer THROUGH: Larry R Blanchard, Public Works Director SUBJECT: S. 277`h Street Trail Filling and Grading Project—Accept as Complete MOTION. Recommend to full Council acceptance of the project as complete upon standard releases from the state and release of any liens. SUMMARY: Where construction contracts have exceeded 10% of the original bid amount the Public Works Department has sought committee concurrence therewith prior to seeking full council acceptance of said contract. The Public Works Department seeks Council acceptance of the project as complete. 1 BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: This project is a small part of, and funded by the S. 277`h Street Corridor project The original low bid for the construction of the project came in at$44,378 90. This was based ' on the contractors unit cost for an estimated 80 hours of work to shape, grade and prepare for paving the trail subgrade. Just prior to contractor starting construction, it was decided to modify the trail design and construct MSE(Mechanically Stabilized Earth) walls to achieve the desired trail grade, as part of this work This eliminated having to handle the fill material twice, and the need for a separate contract The change order estimate for the walls was $40,605 30. Together with the original bid of S44,378 90 the total contract amount was $84,984 20 The final cost for ' the work was S69,189.42 for both the 80 hours of work, and the construction of the MSE walls. The total contract cost for this project although over the original bid by $24,810 52, was 'I $15,794 78 less than the total amount estimated for the work. By including the walls within the trail grading, duplication costs for mobilization and excavation were eliminated. Mayor White and Kent City Council S. 277"' St Trail Grade and Fill—Accept as Complete 1 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: FUND AUTHORIZATION GRANT AGREEMENT FOR S 228TH STREET BNSF RAILROAD SEPARATIO\ PROJECT— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Fund Authorization Grant Agreement for South 228"' Street BNSF Railroad Separation Project, direct staff to accept the grant and establish a budget for the funds to be spent within the project. 3. EXHIBITS: Public Works Director's memorandum and Fund Authorization Grant agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) I5. FISCAL IMPACT Expenditure? X 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 IDISCUSSION: ACTION: Council Agenda Item No 6E 21 1 ' PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director ' • Phone 253-856-5500 Fax 253-856-6500 K E N T W A s H I N o-o N Address 220 Fourth Avenue S Kent,WA 98032-5895 ' DATE: September 19, 2005 TO: Public Works Committee FROM: Mark Madfai THROUGH. Larry Blanchard, Public Works Director SUBJECT: Fund Authorization Agreement For S. 228'1' St. BNSF Grade Separation Project Motion: Recommend authorizing acceptance of the Fund Authorization Agreement for the S. 228"' St. BNSF Grade Separation 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$1,150,000 is for the preliminary engineering phase of the City's S. 228th St. BNSF Grade Separation Project In order for the City to be reimbursed for preliminary engineering expenses, the City must accept the grant and establish a budget for these funds. The Public Works Department recommends that the City Council accept the grant funds and authorize the establishment of the budget for the grant funds and direct staff to spend the money accordingly BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact I BACKGROUND: The Highways and Local Programs Division of the Washington State Department of Transportation administers federal funds and has authorized the use of these funds for the preliminary engineering phase of the City of Kent's S. 2281h St. BNSF Grade Separation Project Currently there is $1,000,000 obligated for preliminary engineering, this grant authorization is for an additional $1,150,000, for a total of$2,150,000 A portion of this sum may be transferred to the construction phase at a later date as necessary. Mayor Wlute and Kent City Council Pacific Highway South-North Phase STP Grant June 6,2005 I 23 ' � Washington State Transportation Building -r® Department of Transportation 310 Maple Park Avenue S E Douglas B. MacDonald PO Box 47300 Secretary of Transportation Olympia,WA 98504-7300 M•�by' P� CJr-7�� Y 1-800-833-6388 www wsdot wa gov June 29, 2005 Mr Larry Blanchard Public Works Director City of Kent 220 Fourth Avenue S Kent, WA 98032-5895 City of Kent S.228"'Street Railroad Grade Separation _ _,� DEMO-STPD-1216(001) Dear N � n hard I Enclosed for your information and file is a copy of Supplement Number 1 to Local Agency Agreement LA-5632 for the subject project between the state and your agency. This supplement increases your PE funds for this project as follows PHASE TOTAL FEDERAL SHARE Preliminary Engineering $2,150,000 $2,150,000 You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, Stephanie Tax Manager, Program Management Highways &Local Programs Division ST ds-ac Enclosure cc Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 1 t `- 24 MWashington State OP Department of TransportationYLocal Agency Agreement Supplement Agency Supplement Number ' City of Kent 1 Federal Aid Project Number Agreement Number CFDA No 20.205 Demo-1216(001) LA 5632 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered Into and executed on October 14, 2003 All provisions in the basic agreement remain in effect except as expressly modified by this supplement The changes to the agreement are described as follows Project Description Name S 228th St Railroad Grade Separations Length 0 5mi Termini 700 feet west of the Union Pacific to 700 feet east of the Burlington Northern Santa Fe Railroad Tracks Description of Work ®No Change ' Reason for Supplement , Obligate additional$1 15M into PE for PS&E of project Estimate of Funding T e of Work (i) (2) (3) (4) (s) yp Previous Supplement Estimated Total Estimated Agency Estimated Agreement/Su I Project Funds Funds Federal Funds PE a Agency 295,000 00 339,250 00 634,250 00 634,250 00 , 100 % b Other Consultant 700,000 00 805,000 00 1,505,000 00 1,505,000 00 c Other Federal Aid d State 5,000001 5,750 00 10,750001 10,750 00 , Participation Ratio for PE a Total PE Cost Estimate (a+b+c+d) 1,000,o00 ool 1,150,000 D0� 2,1[56,000 001 2,150,000 00 Right of Way f Agency Other Federal Aid h Other Participation Ratio for RW I State j Total R/W Cost Estimate(f+g+h+i) Construction k Contract I Other m Other t n Other % o Agency Federal Aid p State ' Participation Ratio for CN q Total CN Cost Estimate k+1+m+n+o+-p r Total Pro ect Cast Estimate a 1,000,000 00 ],150,000 OOI 2,150,000 00 2,]50,000 00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions Agency Official Washington State Department of Transportation By BY fl Title b u! - -S r��/Q'41-�-C'rD le i s stant S etary for Highw n� a of gF Date Executed DOT Form 140-041 EF Revised 12000 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: FUND AUTHORIZATION GRANT AGREEMENT FOR DOWNTOWN SIDEWALK IMPROVEMENTS —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Fund Authorization Grant Agreement for Downtown Sidewalk Improvements Project, direct staff to accept the grant and establish a budget for the funds to be spent within the project. 3. EXHIBITS: Public Works Director's memorandum and Fund Authorization Grant agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X 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 i DISCUSSION: ACTION: Council Agenda Item No 6F 25 PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 VV A S H IN G T ON Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: September 19, 2005 TO: Public Works Committee FROM: Mark Madfai ' THROUGH Larry Blanchard, Public Works Director SUBJECT: Fund Authorization Agreement For Downtown Sidewalk Improvements—Kent Transit Oriented Development (TOD) Access Project Motion: Recommend authorizing acceptance of the Fund Authorization Agreement for the Downtown Sidewalk Improvements — Kent TOD Access Project and authorize the establishment of the budget for same along with directing staff to spend the money accordingly. SUMMARY: Thts grant agreement, in the amount of$61,165 is for the preliminary engineering phase of the ' City's Downtown Sidewalk Improvements—Kent TOD Access Project In order for the City to be reimbursed for preliminary engineering expenses, the City must accept the grant and establish a budget for these funds. The Public Works Department recommends that the City Council accept the grant funds and authorize the establishment of the budget for the grant funds and direct staff to spend the money accordingly. BUDGET IMPACT- No Unbudgeted Fiscal/Personnel Impact ' BACKGROUND: The Highways and Local Programs Division of the Washington State Department of Transportation administers federal funds and has authorized the use of these Congestion Mitigation Air Quality (CMAQ) funds for the preliminary engineering phase of the City of ' Kent's Downtown Sidewalk Improvements — Kent TOD Access Project This grant authorization is for $61,165 for the preliminary engineering phase There is an additional $341,060 of federal funds available from this grant which will be obligated under the construction phase once federal environmental permitting is complete. Mayor White and Kent City Council Pacific Highway South-North Phase STP Grant June 6,2005 1 27 UTY OF KE14T OCT 142 UPs 7® Washington State Transportallon� EERING DE ! CIA Department of Transportation 310 Maple Park Avenue S E Douglas a. MacDonald P O Box 47300 Secretary of Transportation Olympia,WA 98504-7300 360-705-7000 TTY 1-800-833-6388 www wsdol wa gov ' October 12, 2004 ' Mr Don Wlckstrom Public Works Director City of Kent 220 Fourth Avenue S Kent, WA 98032-5895 ' City of Kent Kent Urban Center TOD Access Project CM-9917(008) r ` FUND AUTHORIZATION Dear Mr om rWe have received FHWA fund authorization, effective October 8, 2004, for this project as follows PHASE TOTAL FEDERALSHARE ' Preliminary Engineering $70,711 $61,165 Enclosed for your information and file is a fully executed copy of Local Agency ' Agreement LA-5792 between the state and your agency You may proceed with the administration of this project in accordance with your ' WSDOT approved Certification Acceptance agreement Sincerely, ' Stephanie Tax Manager, Program Management Highways & Local Programs Division ST ds ac Enclosure CC. Ed Conyers,Northwest Region,NB82-121 r r .tom. 2s AW Washington StateTranspor,_.ton A Y Lo( 1 Agency Agreement 7 Department of Agency City of Kent CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Address 220 4th Ave. S. Project No. C M` Ck ok 4-1 (008 Kent, WA 98032-5895 5792 Agreement No. ' For OSC INSDOT Use Only The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,U S Code Highways,(2)the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures , promulgated b y the Washington State Department of Transportation,and(5)the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification Federal funds which are to be obligated for the project may not exceed the amount shown herein on lute r,column 3,without written authority by the State,subject to the approval of the Federal Highway Adiruntstration All project costs not reimbursed by the Federal ' Government shall be the responsibility of the Local Agency Project Description Name Kent TOD Access Project Length City's Urban center Termini Within the City's Urban Center Description of Work The Kent TOD Access project will construct non-motorized facilities to improve pedestrian and/or bicycle pathways, connections and amenities in the City's Designated Urban Center including the downtown core, in conjunction with ' construction of transit onented developments The project will include pedestrian lighting, street trees,and possibly utility undergrounding in some areas Estimate of Funding , Type of Work (1) (2) 13) Estimated Total Estimated Agency Estimated Prolect Funds Funds Federal Funds ' PE a Agency 69,7I100 9,411 00 60,300 00 865 % b Other c Other , Federal Aid d State 1,000 00 135 00 86500 Participation Ratio for PE a Total PE Cost Estimate a+b+c+d 70,711.00 9,546.00 61,165.00 Right of Way f A enc , Other h Other Federal Aid Pa I State Participation Raba for RW ' Total R/W Cost Estimate f+ +h+t Construction k Contract I Other , m Other n Other o Agency Federal Aid State Participation Ratio for CN q Total CN Cost Estimate k+l+m+n+o+ r. Total Project Cost Estimate (e+1+q) 70,71 ,546.001 61,165.00 Agency Official Washington nn-SStta-ttee Department of Transportation By By Zd[ e e� 01^ 1 Title l l"I-CA&5 jig Assistant Secretary for Highways and Local Programs Date Executed DOT Form 14M39 EF Revised 0112004 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar ' 1. SUBJECT: DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT GRANT AGREEMENT, CRITICAL AREAS ORDINANCE WETLANDS INVENTORY—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Department of Community Trade and Economic Development Grant Agreement, Critical Areas Ordinance Wetlands Inventory, direct staff to accept the grant and establish a budget for the funds to be spent within that project. 3. EXHIBITS: Public Works Director's memorandum and Department of Community Trade and Economic Development Grant agreement ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure's X 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 6G PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director Phone 253-856-5500 49 Fax 253-856-6500 K E N T WASHING-ON Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: September 9, 2005 TO: Public Works Committee FROM: Mike Mactutis, P.E., Environmental Engineering Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: Department of Community Trade and Economic Development Agreement for Emerging Issues Grant Critical Areas Ordinance Appeal MOTION: Recommend authorizing the Mayor to sign the Washington State Department of Community Trade and Economic Development Emerging Issue grant in the amount of$10,000 directing staff to accept the grant and establishing a budget for the funds to be spent within said project E SUMMARY: We will receive a Washington State Department of Community Trade and Economic Development Emerging Issue grant in the amount of$10,000. The funds will be used to complete an analysis of the wetland classification adopted by the City of Kent vs the Washington State Department of Ecology system. The Public Works Department recommends authorizing execution of the contract BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: The Washington State Department of Ecology and the Washington State Department of Community Trade and Economic Development recently appealed the City's adopted critical areas ordinance. In an effort to negotiate a settlement of the appeal, the City agreed to provide a comparison of the City's wetland rating system and the Department of Ecology rating system. The Community Trade and Economic Development Emerging Issue Grant will be used to complete this analysis of the wetland classifications This work is being completed and will be used in an attempt at negotiating a settlement between the City and Department of Ecology and Community Trade and Economic Development. Mayor White and Kent City Council 1 CTED Contract Face Sheet Contract Number S06-63200-E01 vl 3 1-212 312005 Washington State Department of Community,Trade and Economic Development Growth Management Services Local Government 1. Contractor 2.Contractor Doing Business As(optional) City of Kent 220 Fourth Avenue South jKent,Washington 98032 3.Contractor Representative 4. CTED Representative Kelly Peterson Ike Nwankwo Environmental Engineer Technical/Fin Asst. Manager (253) 856-5547 (360)725-3056 (253)856-6500 (360)753-2950 Kpeterson@cj kent wa us iken cted wa gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $10,000 Federal: 0 State: ® Other: ❑ N/A: ❑ 811105 6/30/06 9. Federal Funds(as applicable) Federal Aeencv CFDA Number: 10.Tax ID# 11.SWV# 12.UBI# i3. DUNS# 91-6001254 14. Contract Purpose Wetland Rabng Comparison—City of Kent system vs DOE system The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have executed this CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this CONTRACT are governed by this CONTRACT and the following other documents incorporated by reference CONTRACT Terms and Conditions aictudmg Attachment"A" Work Plan and Attachment "B"Budget FOR THE CITY OF KENT FOR THE DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT: Name Nancy K Ousley, Assistant Director Title Local Government Division Date Date APPROVED AS TO FORM ONLY Signature On File Melissa Burke-Cain, Senior Counsel Office of Attorney General of Washington October 20, 2003 Date Page I of 10 i CONTRACT NO.SO6-63200-EOI CONTRACT TERMS & CONDITIONS SECTION 1 - PREAMBLE This CONTRACT, entered into by the City of Kent(hereinafter referred to as the GRANTEE), and the Department of Community,Trade and Economic Development(hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS,the DEPARTMENT has the responsibility under RCW 43.330.050(5) to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs; and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents, and WHEREAS, the DEPARTMENT has the statutory authority under RCW 43 330 120 to offer technical and financial assistance to cities and counties planning under the Growth Management Act; and WHEREAS,the DEPARTMENT has selected the GRANTEE to receive funds and the GRANTEE shall use the funds to undertake a project which furthers the goals and objectives of the DEPARTMENT's Growth Management Services Unit in accordance with its mission THEREFORE,the parties mutually agree to the following terms and conditions: SECTION 2 -WORK PLAN Over the course of the CONTRACT period,the GRANTEE shall accomplish the activities described in Attachment"A" Work Plan that is incorporated into the CONTRACT by reference. SECTION 3 - FUNDING The total funds to be reimbursed to the GRANTEE for costs incurred during the CONTRACT period shall be a sum not to exceed $10,000 SECTION 4 -BUDGET An approved budget by category of expenditure is included as Attachment "B" of this CONTRACT that is incorporated into the CONTRACT by reference The total amount of transfers of funds between line item budget categories shall be as specified in Attachment`B " If the cumulative amount of these transfers exceeds or is expected to exceed the amount specified in Attachment`B,"the total project budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT SECTION 5 -CONTRACT PERIOD i A. The effective date of this CONTRACT shall be the date all parties sign and complete execution of the CONTRACT. This CONTRACT shall terminate on June 30, 2006, except for any remaining obligations of the GRANTEE as may exist under Section 7. B. Costs to be reimbursed by the DEPARTMENT under this CONTRACT are those eligible costs incurred during the performance of the CONTRACT work program on or after August 1, 2005 Page 2 of 10 CONTRACT NO S06-63200-EOI ]SECTION 6- REIMBURSEMENT PROVISIONS A. Funds will be disbursed per the schedule established in Attachment"W" Only eligible project-related costs will be reimbursed Ineligible costs include,but are not necessarily limited to, capital expenses, such as land acquisition or construction costs, purchase of machinery; hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing, and other costs which are not directly related to the project. C. Within twenty (20)days after receiving and approving the voucher,the DEPARTMENT shall remit to the IGRANTEE a warrant covering the DEPARTMENT's share of the costs incurred for work performed. D The final invoice voucher covering costs incurred for work performed on or before, must be submitted by the GRANTEE prior to ,to allow the DEPARTMENT sufficient time to process it. Payment of the final voucher shall be contingent upon the DEPARTMENT's receipt and approval of any products or deliverables designated in Attachment"A." LCTION 7 -REPORTS A The GRANTEE shall submit a brief progress report on a form approved by the DEPARTMENT which describes the progress made on the work program outlined in Attachment"A " Progress reports will be submitted on a Monthly calendar cycle. The Monthly progress report shall also provide detail on the dedicated matching funds 11B. The GRANTEE shall furnish, along with or prior to submitting the final invoice voucher, two copies of each final product designated in Attachment"A" SECTION 8 -ACKNOWLEDGMENT OF STATE FUNDING The GRANTEE shall provide all project-related press releases to the DEPARTMENT. Press releases shall identify the DEPARTMENT as a project financier. Publications such as reports and pamphlets which are developed totally or in part with funds provided under this CONTRACT shall give credit to the funding source by including the following "Funds made available through the Washington State Department of Community, Trade and Economic Development " SECTION 9 -DOCUMENTATION MONITORING AND AUDIT During the CONTRACT period and following its termination,the GRANTEE shall follow accounting procedures and shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all project specific costs expended in the performance of this CONTRACT The Office of the State Auditor or any persons duly authorized 1y the DEPARTMEN r shall have full access to and the right to inspect, excerpt, audit, or examine any of these materials at all reasonable times for a period of six years after termination of the CONTRACT ]The DEPARTMENT may require a copy of the GRANTEE's most recent audit and management letter. The DEPARTMENT may require the GRANTEE to obtain an audit for specific expenditures under this CONTRACT ]Costs of a required audit are an allowable expense I I Page 3 of 10 CONTRACT NO S06-63200-EOI SECTION 10-RECAPTURE PROVISIONS In the event that the GRANTEE 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 Repayment by the GRANTEE 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. SECTION I I - CONTRACT AMENDMENTS A. The DEPARTMENT or the GRANTEE may request changes to the CONTRACT or its provisions It is agreed and understood that no material or substantive alteration or variation of the terms of this CONTRACT shall be valid unless made in writing and signed by both parties Any oral understanding or agreements shall not be binding unless made in writing and signed by both parties B CONTRACT amendments shall not be made which result in an extension of the CONTRACT period beyond June 30, 2006 SECTION 12 -NONDISCRIMINATION CLAUSE During the performance of this CONTRACT, the GRANTEE shall comply with all federal and state nondiscrimination laws,including,but not limited to chapter 49.60 RCW. Washington's Law Against Discrimination,and 42, U.S.0 12101 et sea , the Americans with Disabilities Act(ADA). In the event of the GRANTEE's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this CONTRACT may be rescinded, canceled, or terminated in whole or in part, and the GRANTEE may be declared ineligible for further CONTRACTS with the DEPARTMENT The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance Any dispute may be resolved in accordance with Section 20. SECTION 13 - TERMINATION OF CONTRACT A. If,through any cause,the GRANTEE shall fail to fulfill its obligations under this CONTRACT in a timely and proper manner, or if the GRANTEE shall violate any of its covenants, agreements, or stipulations, the DEPARTMENT shall have the right to terminate this CONTRACT The DEPARTMENT may withhold the balance of state funding if such default or violation is not corrected within twenty (20) days after the DEPARTMENT submits written notice to the GRANTEE describing such default or violation B. Notwithstanding any provisions of this CONTRACT, either party may terminate this CONTRACT by providing i written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date C. Reimbursement for GRANTEE work performed,and not otherwise paid for by the DEPARTMENT prior to the effective date of such terminations, shall be as the DEPARTMENT reasonably determines Page 4 of 10 CONTRACT NO.S06-63200-E01 In the event funding from the state, federal,or other sources is withdrawn, reduced, or limited in any way after the effective date of this CONTRACT and prior to normal completion,the DEPARTMENT may unilaterally reduce the scope of work and budget or terminate this CONTRACT. tECTION 14 - GRANTEE NOT EMPLOYEE OF DEPARTMENT Wthe GRANTEE, its employees, or agents performing under this CONTRACT are not deemed to be employees neither of he DEPARTMENT nor as agents of the DEPARTMENT in any manner whatsoever The GRANTEE will not hold itself out as or claim to be an officer or employee of the DEPARTMENT or of the State of Washington and will not make any laim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT r of the State of Washington. ECTION 15 - USE OF SUBCONTRACTS 15 The GRANTEE may enter into subcontracts for any of the work contemplated under this CONTRACT without obtaining Fior written approval of the DEPARTMENT The GRANTEE shall follow local policies regarding procurement, or inr absence of local policies, shall use a competitive procurement process. Each CONTRACT that the GRANTEE enters into with subcontractors,creditors and others shall contain a clause Wrovidtng notice that the state and the DEPARTMENT are not responsible for any legal obligation, financial or otherwise, incurred by the GRANTEE The DEPARTMENT reserves the right to monitor the subcontractor selection process and contractual documents either during or following the selection process. I-The GRANTEE is responsible for the performance of any subcontractors The GRANTEE shall require all subcontractors to follow the same rules and regulations as described in this document. All subcontractors must be monitored by the GRANTEE to ensure fiscal accountability. SECTION I6 -OWNERSHIP OF PROJECT MATERIALS All finished or unfinished documents, data, studies, surveys, drawings,models, photographs, films, duplicating plates, computer disks and reports prepared by the GRANTEE under this CONTRACT shall be works for hire under U S copyright law The DEPARTMENT may duplicate, use, and disclose in any manner and for any purpose whatsoever, all materials prepared under this CONTRACT. lThe GRANTEE must have prior approval of the DEPARMENT to produce patents, copyrights, patent rights, inventions, original books, manuals, films, or other patentable or copyrightabie materials, in whole or in part with funds received under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection of inventions of discovery shall be disposed of and administered in order to protect the public interest. Before the GRANTEE copyrights any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement i i Page 5of10 CONTRACT NO S06-63200-E01 SECTION 17 -TRAVEL AND SUBSISTENCE REIMBURSEMENT Travel and subsistence reimbursement shall be made in accordance with the guidelines followed by the GRANTEE in the course of normal operations. In the absence of local provisions, per diem rates and travel allowances shall be paid in accordance with rates set for state employees pursuant to RCW 43 03 050 and RCW 43 03 060 as now existing or hereafter amended SECTION 18 - SPECIAL PROVISION The DEPARTMENT's failure to insist upon the strict performance of any provision of this CONTRACT or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this CONTRACT SECTION 19 - HOLD HARMLESS The GRANTEE agrees to defend,hold harmless, and indemnify the State of Washington and the DEPARTMENT,their officers, agents, employees, and assigns against any and all damages of claims from damages resulting or allegedly resulting from the GRANTEE's performance of activities under the terms of this CONTRACT SECTION 20 -DISPUTE RESOLUTION Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation,either party may request a dispute hearing The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the GRANTEE, and a third party mutually agreed upon by both parties The team shall attempt, by majority vote, to resolve the dispute The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal SECTION 21 - GOVERNING LAW AND VENUE The CONTRACT shall be construed and enforced in accordance with, and the laws of the State of Washington hereof shall govern the validity and performance. Venue of any suit between the parties arising out of this CONTRACT shall be the Superior Court of Thurston County, Washington. SECTION 22 -APPLICABLE LAWS AND REGULATIONS The GRANTEE shall comply with all existing applicable taws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. SECTION 23 - SEVERABILITY In the event any tern 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 Page 6 of 10 CONTRACT NO.S06-63200-EOI ECTION 24- ENTIRE AGREEMENT This contract, including referenced exhibits, represents all the terms and conditions agreed upon by the parties. No other nderstandings or representations, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist r to bind any of the parties hereto to attachments to this agreement are as follows: ATTACHMENT A "Work Plan," consisting of_I_page(s), and rTTACHMENf B "Budget,"consisting of_l_page(s) Page 7 of 10 CONTRACT NO E06-63200-204 ATTACHMENT A: WORK PLAN Grantee City of Kent Summaty Wetland Rating Comparison—City of Kent vs. DOE System Estimated Completion Dates & Activities Goals/ Description Start Date End Date Actions/ Deliverables Goal Evaluate wetlands within the City of Kent to 8/l/05 10/31/05 inform amendments to Critical Areas Ordinance Action l Evaluate 20 wetlands within the City of Kent 8/l/05 10/31/05 using the Kent wetland rating system and the DOE wetland rating system. This will include a description of the wetland buffers Action 2 Develop an analysis table which compares the 8/22/05 10/31/05 wetland rating systems for each wetland and develop letter report summarizing Deliverable Report and analysis table summarizing results 8/1/05 1Q/31/OS CONTRACT NO.S06-63200-E01 Lose Out Reports Due By: DATE: September 30, 2005 teliverables: Report and analysis table summarizing results Close Out Report in 500 words or less. j I I i i � I T I Page 9of10 ATTACHMENT B: BUDGET CONTRACT NO.S06-63200-E01 The budget shall consist of the following elements• 1. Category of Expenditure SFY 2006 SFY 2007 Total Salaries and Benefits $3,259.20 $ $ j Goods and Supplies $ $ $ ■ Professional Services $12,950.00 $ $ Other Goods and Services $ $ $ Total $16,209 20 $ $ ' 2. Budget Summary SFY 2006 SFY 2007 Total CTED Funds $10,000.00 $ $ i Other Funds $6,209 20 $ $ Total $16,209.20 $ $ 3. Payment Disbursement Schedule Upon final signing of contract and before June 30, 2006 $6,000 Upon completion of the contract and before June 30, 2006. $4,000 4. Special Budget Provisions A For CONTRACTS over $30,000 the total amount of transfers of funds between line item budget categories shall not exceed ten (10)percent of the total budget If the cumulative amount of these transfers exceeds or is expected to exceed ten percent,the total budget shall be subject to Justification and negotiation of a CONTRACT amendment by the GRANTEE and ' the DEPARTMENT B. For CONTRACTS under$30,000 the total amount of transfers of funds between line item budget categories shall not exceed twenty (20) percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed twenty percent, the total budget shall be subject to Justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT C A sum of ten (10)percent of funds shall be withheld until all tasks, activities,and final products defined in ATTACHMFNT "A" have been successfully completed by the GRANTEE and accepted fully by the DEPARTMENT. Page 10 of 10 ZWASHINGTON STATE DEPARTMENT OF COMMUNITY,TRADE AGENCY USE ONLY & ECONOMIC DEVELEOPMENT IAGENCYMJMBFB LOCATIONCODE PR ORAVTN NO FORM CTED1199--1A VOUCHER DISTRIBUTION 1030 AGENCY NAME RlaTRVCTION To VENDOR OR CLAIMANT DEPARTMENT OF COMMUNITY,TRADE and Submit this form to Uelm payment for materials,mer0andlse or Services ECONOMIC DEVELOPMENT Show complete detail for each Nem PO BOX 46300 OLYMPIA,WA 98504-8300 Vendors Certificate I hereby certify under perjury that the hems and totals listed herein are proper charges for materials,mercharidbe or services fumished to the VENDOR OR CLAUAANT(Warrant tf to De payable to State of Washington,and that all goods furnished andlor services rendered have been provided without discrimination because of age,sea,marital status,race,creed, City 01 Kent color,national origin,handicap,religion or Vietnam am or disabled veterans statw 0 West Gowe Kent,Washington 98032 By (SIGN IN INK(eny color but black)) TTN Kelly Paterson (TITLE) (DATE) Date Descrlption QUANTITY AMOUNT First Payment GMA Emerging Issues Grant $6,000 Contract OS06-63200-E01 FEDTAK'0'WOOD"" PROGRAM APPROVAL DATE DOC INPUT DATE CURRENT DOC NO REFERENCE DOC NO Y90OR NUMe61 SUFFIX "CUNTNO &SO NUMBER VENDOR MESSAGE M SUB TRANS 0 MASTER APPN PROGRNA SUB SUB SUB OL SVBSIO INVOICE CODE D INDEX FUND INDEX INDEX OSJ Cal PROJECT PRO! ACCT ACCOUNT AMOUNT NUMBER 63130110 001 NZ OE01 $6,000 SIGNATURE OFACCOUNRNG PREPAR6I FOR PAYMENT DATE WARRANT TOTAL DNOICE DATE 1ACCOUNTING APPROVAL FOR PAYMENT QQ DATE y6,000 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: 2006-2011 SIX YEAR TRANSPORTATION IMPROVEMENT PLAN — SET HEARING DATE i 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to set October 18, 2005 as the Public Hearing date on the Six-Year Transportation Improvement Program (2006-2011) 3. EXHIBITS: Public Works Director's memorandum and Six-Year Transportation Improvement Plan (TIP) 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 i DISCUSSION: ACTION: Council Agenda Item No 6H PUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director • Phone 253-856-5500 Fax 253-856-6500 K E N T W A 5 M I N G T G N Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: September 19, 2005 TO: Public Works Committee FROM: Steve Mullen, Transportation Engineering Manager THROUGH Larry Blanchard, Public Works Director SUBJECT: Six-Year Transportation Improvement Program 2006-2011 jMOTION. Recommend Public Works Committee forward the 2006-2011 Six-Year Transportation Improvement Program (TIP) to full Council and set a Public Hearing before the City Council for October 18, 2005 SUMMARY: The 2006-2011 Six-Year Transportation Improvement Program includes 38 projects with estimated project costs totaling $329,341,000 00 BUDGET IMPACT. As itemized in attached Project Descriptions No Unbudgeted Fiscal/Personnel Impact BACKGROUND The 2006-2011 TIP has 9 new projects for a combined $96,560,930 This includes $50 million for the two Railroad Grade Separation projects on South 212'h Street and almost $13 million for widening the last section of West Valley Highway that remains a choke point(Meeker Street to South 2181h Street) Including these projects in our Six- Year TIP allows the City to begin looking for funding partners and apply for grants to see if these projects will be feasible. Seven projects from last year's TIP have been dropped, incorporated into other projects, or will be completed by the end of this year PROJECTS DROPPED FROM LAST YEAR'S TIP 1. 4th Ave & Smith Street $960,000 FINISHED 2. West Smith Street Improvements S 1,000,000 FINISHED 3. Pioneer Street Improvements $436,000 FINISHED 4. S 212th Street Pavement $475,000 FINISHED 5. S 272nd Street Widening - Phase II S800,000 INCLUDED IN#20 6. Central Ave/BNSF Crossings Intertie $140,000 FINISHED 7. South 212th St RR Crossing Demo $200,000 DROPPED D2�4�T' CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT i PROGRAM 2006 - 2011 {�r } . }ram}! ti aA'etQi'�M1Y .� Mayor Jim White Larry R. Blanchard KENT ' Wi.8Mlu0iOx Director of Public Works CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2006-2011 Table of Contents 1. Resolution adopting the 2006-2011 Six Year TIP............... ............. ...............................................................i 2. Statement of Purpose.......................................................................................ii 3. Listing of the Projects......................................................................iii 4. Map of the Projects.........................................................................iv 5. Section 1 Projects.....................................................................1 — 14 6. Section 2 Projects....................................................................15— 34 7. Section 3 Projects............................................................ .......35-38 8. Contact Information...................................................................... 39 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2006-2011 PURPOSE Mandated by State Law State law requires that each city develop a local Transportation Improvement Program(TIP) and that it be annually updated (RCW 35.77.010). It also requires that projects be included in the TIP in order for cities to compete for transportation funding grants from most Federal and State sources. Federal grant funded and regionally significant projects from the first three years of the City's TIP are submitted to the Regional TIP, which is assembled by the Puget Sound Regional Council for King, Kitsap, Pierce and Snohomish Counties The regional TIPS (RTIP) from around the state are then combined to form the State TIP (STIP),which is approved by the Governor and then submitted to the Federal Highway Administration and Federal Transit Authority for their review and approval. What is the Six Year Transportation Improvement Program (TIP)? The Six-Year Transportation Improvement Program (TIP) is a short-range planning document that is annually updated based on needs and policies identified through a variety of sources. It represents Kent's current complete list of needed projects for the next six years The document also identifies secured or reasonably expected revenue sources for each of the projects included in the TIP. Typically, projects listed in the first three years of the document are shown as having secured funding while projects in the last three years can be partially or completely unfunded. Since federal and state funding can only be awarded to projects if they are included in an adopted TIP, the City lists some potential projects in the City's TIP. Once a project is listed in the City's TIP, it becomes eligible for inclusion in the City's Capital Improvement Program (CIP) which is updated as part of the City's budget process. Development of the Six Year TIP is an On Going Process TIP project and financial development involve interactions with many groups and agencies at the local, regional, state and federal levels. Public Works Engineering Design, Traffic Engineering, Transportation Planning, and Accounting all contribute to the process On-going transportation planning activities, such as updating the Transportation Element and traffic model, coordinating with the City's Comprehensive Plan and the development of sub-area plans, such as the Downtown Strategic Action Plan, and the Kent Station Plan, play an important part in identifying and prioritizing transportation improvement projects. State and regional transportation projects also play ii an important role such as those involving King County Metro Transit, Sound Transit, the Washington Transportation Plan, Destination 2030, and the Burlington Northern Santa Fe and Union Pacific Railroads. Within the City of Kent, there are actions and interactions involving other departments and divisions, the private sector, and the City Council and Administration which strongly influence the direction of the transportation program. For example, the transportation program is significantly impacted by land use decisions,private development proposals and by public water and sewer extensions which increase transportation demand by making possible higher density and/or intensity of land uses. Such proposals need to be monitored and analyzed in regard to how they individually and collectively create the need for transportation improvements. At the City, State and Federal level there are new laws and regulations that create the need for new or different kinds of transportation projects and programs. Examples include the Transportation Efficiency Act(TEA-21), the Growth Management Act, the Clean Air Act, the Commute Trip Reduction Law, the Endangered Species Act and the Surface Water Management Ordinance All of these laws have tremendous impacts on the development and costs of transportation projects. With its heavy dependence on many different and unpredictable sources of outside funding and with the significant impacts created by on-going local, regional and state-wide decisions, transportation project development is a continuous activity comprised of land use development. financial, environmental, legislative, regulative, economic, political, visionary, and practical elements Structure of the Program The 2006-2011 Six-Year Transportation Program is divided into three general sections. The first section covers Projects 1-14. These are projects which are currently underway or expected to be underway by the end of 2006. The second section covers Projects 15-34. These are projects which are expected to begin in 2007 or later. The third section, Projects 35-38, are ongoing city-wide projects or programs in which the City is making continuous improvements and enhancements. �t CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2006-2011 jProject Project Name Number Project Location and Extent 1. Pacific Highway South HOV Lanes—North Phase South 252"d Street to Kent-Des Moines Road(SR 516) 2. Pacific Highway South HOV Lanes — South Phase South 272"d Street to South 252""Street 3. Kent Station Infrastructure Improvements Vicinity of 4rh Avenue North and Ramsay Way 4. Kent Transit Center Access Improvements Central Avenue North to Railroad Avenue North 5. Military Road South at Reith Road Intersection Improvement 6. Smart Growth Initiative Widen Smith Street near Lincoln Avenue and widen Willis at 2"`i Ave South 7. South 228th Street Corridor— Phase I Military Road South to 64`h Avenue South 8. South 277th Street Corridor Extension Widen 116`h Avenue SE from Kent Kangley Road(SR 516) to SE 256`h St 9. Transportation Master Plan Major update of the Kent 1984 Comprehensive Transportation Plan 10. South 228th Street/Burlington Northern Santa Fe Railroad Grade Separation Grade separation crossing at Burlington Northern/Santa Fe Railroad 11. 84th Avenue South Widening and Pavement Rehabilitation SR 167 to South 212"' Street 12. South 277th Street Bicycle/Pedestrian Trail Green River Road to 108`"Avenue SE 1 tt, r CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2006-2011 Project Project Name Number Project Location and Extent 13. Kent Station Mitigation Projects Widen Willis Street at 4`4 Avenue and Central Avenue at Willis Street 14. State Route 167 (SR 167) Widening City staff engineering and planning support of WSDOT project to widen State Route 167 from SR 512 to South 18yh Street 15. 72"d Avenue South Extension South 200"'Street to South 196`h Street 16. South 228`h Street/Union Pacific Grade Separation Grade separation crossing at Union Pacific Railroad 17. Central Avenue South Pavement Rehavilitation Green River Bridge to East Willis Street (SR 516) 18. Interurban Trail Crossings Signal Interconnect West Meeker Street and West Smith Street 19. South 228`11 Street Corridor—Phase III/South 224`h Street Extension 84`h Avenue South to 104`h Avenue Southeast(Benson Road)(SR515) 20. I-5/South 272"d Street Interchange Reconstruction — Phase I Provide transit and HOV Direct Access between South 272"`i St and 1-5 21. South 272"d Street Widening—Phase II Pacific Highway South to Military Road South 22. 80`h Avenue South Widening South 196`i Street to South 188`h Street 23. SE 248`h Street Improvements 116`h Avenue Southeast to 132"`h Avenue Southeast 24. Willis Street (SR 516) Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Railroad (UPRR) m CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2006-2011 Project Project Name Number Project Location and Extent 25. Willis Street(SR516)/Burlington Northern Santa Fe Railroad Grade Separation Grade separation crossing at Burlington Northern Santa Fe Railroad 26. SE 256th Street Widening SR 516 (Kent Kangley Road) to I I e Avenue SE 27. South 212th Street Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Raili oad 28. South 212th Street/Burlington Northern Santa Fe Railroad Grade Separation Grade separation crossing at Burlington Northern Santa Fe Railroad 29. West Meeker Street Widening-Phase I 64`r'Avenue South to the Green River Bridge 30. West Meeker Street Widening-Phase II SR 516 to the east side of the Green River, including a new bridge 31. Military Road Widening South 272"r Street to South 240`r' Street 32. 1081h Avenue SE Extension SE Kent Kanglev Road (SR 516) to SE 25e Street 33. South 196th/192nd Street Corridor- Phase III 841h Avenue South (East Malley Highwav) to 1081h Avenue SE(SR 515) 34. SR 181/West Valley Highway/Washington Avenue Widening Meeker Street north to approcinnately the 218rn' block 35. Bicycle and Pedestrian Improvements Ongoing citywide pi ograrn to encourage the use of non-motorized transpoi tatnon modes and provide safe routes for schoolchildren iii CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2006-2011 Project Project Name Number Project Location and Extent 36. Guardrail and Safety Improvements Ongoing citywide program to eliminate potentially hazardous roadway conditions 37. Americans with Disabilities Act Compliance Sidewalk Repair and Rehabilitation Ongoing citywide program to repair and/or replace pedestrian ramps in compliance with the Federal Government's Americans with Disabilities Act 38. Community Based Circulating Shuttles Ongoing citywide program to provide enhanced transit service within the City and provide mobility and independence to Senior Citizens, youth and others who prefer to move about the City without an automobile m s eattb-Tacoma iL7 ° � �i � r"' 1 $ o 7 onal Airport 8'3�5T' _, .. „ ,n Iear+x.<'•=+�i�rs '�� � fib' `F 7 y � � P , y � t 1 N Ia.15.2 73 t, rri;Illi�„ apt pkt^ II �y, uavn,� Win, " txxx� tw•_ " t c!t4EIY S 7U17 i I{41 51 ' � � I�„ rnml tq nisa4nui, x=, r 4 _ _ kl 1 1 1[] - I > - 4 224 ST 16 0 y p �- 4 { t °90 L.J4 - Fg�.4(ppb y,L LiiL � 4.r�di�Li��� ,ii r .{/ 18 , sSt �sI.-- �_ 6'I6 13 C, io 515 msw r'o: i4IIIi r)w`P#'h4ir 1325 32 sT 26 a91a C m �A - 167 99 c a7 ti 12 '21 20 �..� 8 y , ST 1 a ' RN pp x ;n✓wkktE'A 5S6�Imy 4lM pinx 4 2 �3n04?aml CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2006-2011 SECTION 1 PROJECTS 1 - 14 These projects are currently underway or are expected to begin by the end of 2006 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT#1: Pacific Highway South (SR 99) HOV Lanes—North Phase South 252 d Street to Kent-Des Moines Road (SR 516) DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy Vehicle) lanes from South 252nd Street to the Kent-Des Moines Road (SR I 516). The project will also provide a seven foot wide concrete sidewalk and modify existing traffic signal systems at South 240t" Street, and South 252nd Street. The project will include construction of full-width paving, concrete curbs and gutters; landscaping; storm drainage, utilities; and appurtenances. PROJECT COST: Preliminary Engineering ineerin $1,300,000 g.............. Right of Way Acquisition...............$850,000 Construction ................................$8,122,000 TOTAL......................................$10,272,000 FUNDING SOURCE(S): STP, T113, TIA, City of Kent, WSDOT Funded PROJECT JUSTIFICATION: This project will reduce peak hour single occupant vehicle trips by encouraging high occupancy vehicle usage. Pacific Highway South (SR 99) is a regionally significant north-south arterial heavily used by commuters for access from South King County to the employment centers in South Seattle, and provides alternative access to 1-5 and Sea- Tac Airport AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal];FAST- Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board [State],FT,4-Federal Transit Admintstration[Federal] HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID-Local Improvement District,PWTF-Public Works Trust Fund Loan[State], STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account,TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT #2: Pacific Highway South (SR 99) HOV Lanes— South Phase South 272nd Street to South 252nd Street DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy Vehicle) lanes from South 272nd Street to South 252°d Street. The project will also provide a seven foot wide concrete sidewalk and modify existing traffic signals at South 253rd Street, South 260th Street, and South 272nd Street. The project will include construction of full-width paving; concrete curbs and gutters; landscaping; stoma drainage; utilities; and appurtenances. PROJECT COST: Preliminary Engineering..............$1,000,000 Right of Way Acquisition............$1,800,000 Construction ................................$6,900,000 TOTAL........................................$9,700,000 FUNDING SOURCE(S): TIB, STP, City of Kent, King County, WSDOT PROJECT JUSTIFICATION: The project will reduce peak hour single-occupant vehicle trips by encouraging high occupancy vehicle usage. Pacific Highway South (SR 99) is a regionally significant north-south arterial heavily used by commuters for access from South King County to the employment centers in South Seattle, and provides additional access to I-5 and Sea- Tac Airport. AIP-Arterial Improvement Program[State], CM,40—Congestion Mitigation and Air Quality[Federal],FAST— Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobihty Strategic In�estrnem Board [State],FT t—Federal Transit Administration [Federal],HES—Hazard Ehnunation[Federal],ITS—Intelligent Transportation Systems[Federal],LID—Local Improvement District,PTVTF—Public Works Trust Fund Loan [State], STP—Surface Transportation Program[Federal], TI4—Transportation Improvement Account; TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT #3: Kent Station Infrastructure Improvements Vicinity of 4`h Avenue North and Ramsay Way DESCRIPTION: Pave Ramsay Way from West Temperance Street to 4th Avenue North and I install a traffic signal at the intersection of 4th Avenue North and Ramsay Way. Widen the west half of lst Avenue North from West Smith Street to Temperance Street. The project will include full width paving, concrete curbs, g utters, and s idewalks; l andscaping; s torm drainage; utilities; and appurtenances on Ramsay Way and the same improvements will be provided on the west half of 1" Avenue North between West Smith Street and Temperance Street. PROJECT COST: Preliminary Engineering...................$50,000 Right of Way Acquisition..........................$0 Construction ...................................$450,000 TOTAL...........................................$500,000 >� FUNDING SOURCE(S): City of Kent Funded PROJECT JUSTIFICATION: This project provides the necessary transportation infrastructure for development of Kent Station and adjacent properties. The project is coordinated with transit and commuter rail improvements in and around the vicinity of Kent Station and the Kent Transit Center sites. The project includes street improvements required for the development of the site, as well as mitigation measures (traffic signal) to accommodate access to the city arterial street system. AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAISIB—Freight Mobility Strategic Investment Board[State],FTd—Federal Transit Administration[Federal],KES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal] LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT #4: Kent Transit Center Access Improvements Central Avenue North to Railroad Avenue North DESCRIPTION: Widen Pioneer Street between Railroad Avenue North and Central Avenue North including signal improvements at Central Avenue North and Pioneer Street PROJECT COST: Preliminary Engineering.................$100,000 Right of Way Acquisition..........................$0 Construction ...................................$366,000 TOTAL...........................................$466,000 FUNDING SOURCE(S): City of Kent, King County PROJECT JUSTIFICATION: Improvements to the comer radii and widening of Pioneer Street will enhance t ransit access t o t he K ent T ransit C enter. The s ignal u pgrade includes traffic signal interconnect to the traffic signal system. This project is crucial to providing adequate access for the regional transit services to maneuver their buses into the Kent Transit Center and circulate through the Transit Center with minimal conflict from pedestrian or vehicle traffic. i t ALP-Arterial Improvement Program State CMA Congestion Mitigation and Air Quality[Federal];FAST— Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FVSM-Freight Mobility Strategic Investment Board [State],FT4-Federal Transit Adnunistration[Federal],LIES-Hazard Elimination[Federal],LTS-Intelligent Transportation Systems[Federal],LLD-Local Improvement District,NUF-Public Works Trust Fund Loan[State]; STP-Surface Transpoi tation Prograin[Federal], TLA-Transportation Improvement Account, TLB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 1 PROJECT #5: Military Road South at Reith Road Intersection Improvement DESCRIPTION: Widen all approaches of Military Road South at Reith Road intersection to provide exclusive left turn lanes for each approach, and exclusive right turn lanes for northbound and southbound traffic on Military Road South and westbound traffic on Reith Road Replace the existing traffic signal The project will include the construction of full width paving, paved shoulders, street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$120,000 Right of Way Acquisition...............$144,000 I Construction ................................$1,240,000 TOTAL........................................$195 04,0 00 1 FUNDING SOURCE(S): TIB, City of Kent Partially Funded PROJECT JUSTIFICATION: The level of development on the Kent West Hill coupled with the growth in the Puget Sound area and the regularly occurring congestion along both Pacific Highway South and Interstate 5 results in significant congestion at this intersection in the morning and evening peak hours. AIP-Artenal Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal];FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],IIFS-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal]. LID- Local Improvement District,PPYTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account, TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 i PROJECT 96: Smart Growth Initiative DESCRIPTION: Widen Smith Street to provide a left turn lane from eastbound Smith Street onto northbound Lincoln Avenue. The project includes the construction of a new traffic signal at the intersection of Smith and Lincoln as well as the reconstruction of existing curb, gutter and sidewalks along Smith Street. Widen Willis Street to provide a left turn lane from eastbound Willis Street to northbound 2 nd Avenue South This project includes construction of new curb, gutter and sidewalks along tad Avenue between Willis Street and Saar Street. PROJECT COST: Preliminary Engineering.................$196,000 Right of Way Acquisition...............$265,000 Construction ................................$1,090,000 TOTAL........................................$1.5515000 FUNDING SOURCE(S): STP, City of Kent, PROJECT JUSTIFICATION: These projects will improve traffic flow within the Kent Urban Center and improve access to Kent Station and the downtown business district. The left turn pocket at Willis and tad Streets will improve access to the City's Central Business District and stimulate economic development by providing a direct connection between downtown Kent and State Route 516 The left turn pocket and signal at Smith and Lincoln Streets will facilitate the redevelopment of a portion of King County Metro Transit's Park and Ride Lot. AIP-Arterial Improvement Program[State],CMA Congestion Mitigation and Air Quality Federal F4ST—Freight Action p gra [ 1 Q- g g Q Y[Federal], g Strategy[or Everett-Seattle-Tacoma Corridor,FAISIB—Freight Mobility Strategic Investment Board[State],FT4—Federal Transit Administration [Federal],TIES—Hazard Elinunanon[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PIVTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], T14—Transportation improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT #7: South 228"' Corridor—Phase I Mrlitary Road South to 641t'Avenue South DESCRIPTION: Construction of a new five-lane roadway from SR 516 along Military Road South to approximately Bolger Road, then from Military Road South to 64'" Avenue South, including new bridges over the Green River and over 228`t' at Riverview Boulevard. The project includes the construction of full width paving; bridges; concrete curbs, gutters and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances; installation of traffic signals at the corridor's intersections with Military Road South and Lakeside Boulevard; sound barrier along The Lakes community; and the widening of the existing roadway where required. i PROJECT COST: Preliminary Engineering..............$4,800,000 Right of Way Acquisition............$1,800,000 Construction ..............................$21,400,000 TOTAL......................................$2890009000 FUNDING SOURCE(S): City of Kent, LID 353, TIB, FMSIB, PWTF Funded PROJECT JUSTIFICATION: James Street and Meeker Street corridors are not feasible to widen sufficiently to accommodate the forecast traffic volumes and future development. West Meeker Street currently represents the only east-west arterial that crosses the Green River between SR 516 and South 212'" Street. This project will provide required east-west capacity. AIP-Arterial Improvement Program[State];CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board [State],FTA—Federal Transit Administration[Federal],HCS—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems[Federal],LfD— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT #8: South 277ih Street Corridor Extension Mden 116`h Avenue Southeastfrom Kent Kangley Road(SR 516) to Southeast 256`h Street DESCRIPTION: Widen 116t1' Avenue Southeast to provide a five lane roadway, including four general-purpose travel lanes, a two-way left turn lane and a bicycle facility. Also included in this project will be the widening of the intersection of Kent Kangley Road and 116th Avenue Southeast to add an additional left turn lane to provide dual left turn lanes westbound on Kent Kangley Road to southbound 116t" Avenue Southeast and a tight turn acceleration lane eastbound on Kent Kangley Road from northbound 116th Avenue Southeast. The project will include the construction of paving; concrete curbs, gutters and sidewalks, bicycle lanes; paved shoulders; street lighting; storm drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering.................S530,000 r Right of Way Acquisition...............S570,000 Construction ................................$2,140,000 TOTAL...... ................................$3,240,000 FUNDING SOURCE(S): City of Kent, LID, TIB PROJECT JUSTIFICATION: This project extends the South 277th Street corridor northward to Southeast 2561h Street. Traffic studies have indicated that traffic demand will continue to increase on this section of 116`h Avenue. This roadway facilitates traffic from Southeast 256tf Street to the South 277th Street corridor. AIP-Arteual Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Intetligent Transportation Systems[Federal],LID- Local Improvement District, PTVTF-Public works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account,TIB-Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM IYEAR: 2006 - 2008 PROJECT #9: Transportation Master Plan DESCRIPTION: This project consists of a major update of the Transportation Master Plan including near-term and long range planning of the City's transportation system needs. Project costs will include consult contracts for transportation planning, concurrency management, public involvement, travel demand and traffic operations modeling and analysis of potential financing strategies to construct, operate and maintain the city's transportation network. The project may include staff resources, hardware and software to analyze and manage the transportation network and develop implementing legislation and regulations related to the transportation system. jPROJECT COST: Preliminary Engineering.................$850,000 Right of Way Acquisition..........................$0 Construction ..............................................$0 TOTAL...........................................$8509000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The City's Transportation Master Plan is more than 20 years old and needs to be brought into compliance with current Growth Management policies and practices as defined in PSRC's Destination 2030, the region's Metropolitan Transportation Plan The City must be in compliance with all State, County and Regional policies in order to be eligible to apply for competitive transportation grants, Likewise, the City would like to investigate methods of measuring Concurrency that would incorporate all modes of travel, better reflect the ways our community is changing, engage the community in the discussion of their future transportation investments, and investigate various ways of funding our future transportation needs. AIP-Arterial Improvement Program[State],CVf,4Q-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAfSTB-Freight Mobility Strategic investment Board[State],FTA-Federal Transir Adnumstrati on[Fedeial],HES-Hazard EI art nation[Federal],ITS-Intelligent Transportation Systems[Federal] LTD- Local Improvement Di trict,PTVTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account,TIB-Transportation Impiovement Board[State], TPP—Transportation Partnership Program[State] 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT#10: South 228th StreetlBurlington Northern Santa Fe Railroad Grade Separation Grade Separation crossing at Burlington Northern/Santa Fe Railroad DESCRIPTION: Construct grade separation of the Burlington Northern Santa Fe Railroad mainline tracks at South 228" Street. The project will include the construction of a railroad bridge, road underpass, full-width paving, concrete curbs, gutter, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,250,000 Right of Way Acquisition............$1,000,000 Construction ..............................$17,750,000 TOTAL......................................$2 0,000,000 FUNDING SOURCE(S): City of Kent, TIB, FAST, FMSIB, Burlington Northern Santa Fe Railroad Partially Funded PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, Sea-Tac Airport and the freeway system Grade separating the arterial will increase both rail and roadway capacity, decrease congestion, enhance safety, and improve freight mobility in the corridor and throughout the region. This project will provide regional connections between thousands of businesses, employers, and 40 million square feet of warehouse/industrial space. The level of freight and passenger rail traffic on the BNSF Railroad mainline is rising as a consequence of increased traffic in the Puget Sound area, and new Sound Transit and Amtrak service. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FT I-Federal Transit Adnunisu ation[Federal],II6S-Hazard Elimmation[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PffTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TM -Transportation Improvement Account,TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] ! CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT #11: 84th Avenue South Widening and Pavement Rehabilitation SR 167 to South 212'h Street DESCRIPTION: Construct 3 continuous southbound lanes from S 212th Street to S 2241h Street where such lanes do not currently exist. Construct continuous sidewalks from S 212th St to SR 167 Remove and rehabilitate the existing roadway pavement along the existing curb lanes in both directions to add additional service life to the roadway between SR 167 and S 212th Street. Overlay the entire roadway area with asphalt concrete pavement. Project includes the selective replacement of catch basin inlets, driveway approach aprons, and curbs and gutters. q PROJECT COST: Preliminary Engineering.................$145,000 Right of Way Acquisition...............$585,000 Construction ................................$2,025,000 TOTAL........................................$2,755,000 FUNDING SOURCE(S): STP, City of Kent, TIB, LID Partially Funded PROJECT JUSTIFICATION: The existing pavement along this section of 84th Avenue South is showing signs of structural distress as demonstrated by "alhgatoring", longitudinal cracking, and cracking of the curbs and gutters. An inverted crown section also occurs at the former curb line along many of the sections of this street. This inverted crown section results to the ponds ng of stormwater in the street along the seam line, which increases the failure rate of the roadway pavement Sidewalks do not currently exist throughout the length of the project area. AIP-Arterial Improvement Program[State], CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FiVISIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Tiansit Administration[Federal],HES—Hazaid Elimination[Federal],fTS-Intelligent Transportation Systems[Federal].LID— Local Improvement District,P41TF-Public Wotks Trust Fund Loan [State],STP-Surface Transportation Program[Federal], TIA-Transportation Impi overnent Account, TIB-Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] l CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 PROJECT #12: South 277th Street Bicycle/Pedestrian Trail Green Raver Road to 1081h Avenue SE DESCRIPTION: Construct an 8 foot wide (paved asphalt bicycle/pedestrian trail from the Green River Road to 108i' Avenue SE, just south of South 2771h Street. This trail will have a grade from 2% to 10% slope over the approximately one mile length. PROJECT COST: Preliminary Engineering............................SO Right of Way Acquisition..........................$0 Construction ...................................$500,000 TOTAL...........................................$500,000 FUNDING SOURCE(S): City of Kent Funded PROJECT JUSTIFICATION: The trail will provide a major non-motorized connection between the Green River Valley and the East Hill of Kent. It will provide a scenic route through awooded hillside for cyclists and pedestrians to connect with other trail systems along the Green River and Interurban trails via S 277"' Street with bicycle/pedestrian facilities on SE 274th Way. This projects will help achieve the non-motorized facilities and healthy communities goals of the Kent Comprehensive Plan and PSRC's Destination 2030. ATP-Arterial Improiement Program[State], CATAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seaule-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FT.a—Fedei al Transit Administration[Federal], KES—Hazard Elimination[Federal],IT'S—Intelligent Transportation Systems[Federal], LID— Local Improvement District,PWTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transpoi tation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 I PROJECT #13: Kent Station Mitigation Projects Widen Willis Street at 4"'Avenue and Central Avenue at Willis Street ESCRIPTION: Provide an additional lefl-turn pocket on eastbound Willis Street to northbound 4th Avenue. Provide a right-turn pocket southbound on Central Avenue to westbound Willis Street PROJECT COST: Preliminary Engineering...................$40,000 Right of Way Acquisition.................$40,000 Construction ...................................S330,000 TOTAL...........................................$4109000 FUNDING SOURCE(S): City of Kent, Development Mitigation Funds Funded PROJECT JUSTIFICATION: These projects are traffic mitigation requirements for additional trips generated b y the Kent S tatton development. T he City o f Kent w Ill b e implementing these projects required by the developer i AIP-Arterial Improvement Program[State];CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Adrmmstration[Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PIVTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account,TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 - 2011 PROJECT #14: State Route 167 Widening Widen SR 167 from SR 512 to South 18e Street DESCRIPTION: City of Kent Engineering and Transportation Planning staff support towards the Washington State Department of Transportation's project to widen State Route 167 from State Route 512 to South 1801h Street. This project is to include an additional general purpose lane in each direction and to complete the HOV system. PROJECT COST: Preliminary Engineering..............$1,200,000 Right of Way Acquisition..........................$0 Construction ..............................................$0 TOTAL........................................$11 2 00,000 FUNDING SOURCE(S): WSDOT, City of Kent PROJECT JUSTIFICATION: While this Washington State Department of Transportation (WSDOT) project is a multi-million dollar improvement consisting of State and RTID funding, the City of Kent has provided, and will provide, hundreds of hours of transportation planning, data gathering, and preliminary engineering in support of this critical transportation corridor. The congestion on SR 167 resulting from inadequate capacity creates spillover congestion onto Kent arterials and jeopardizes the future of our local and regional economy. Kent is the second largest warehouse/distribution center on the west coast, containing over 40 million square feet of warehouse/industrial space Many Kent businesses ship to national and international customers and need reliable travel time to the ports. With the planned extension of SR 167 to the Port of Tacoma and plarmed completion of SR 509 connecting Kent to the Port of Seattle, this project would complete the freight corridor, shifting thousands of daily trick trips from I-5 and SR 18 to the Valley Freeway(SR 167). AIP-Arterial Improvement Program[State]; CMAQ-Congestion Mitigation and Air Quality[Federal];FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor FAISIB-Freight Mobility Strategic Investment Board[State],FT.A-Federal Transit Administration[Federal],HES-Hazard Elimination [Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PTI'TF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account, TIB-Transportation Improvement Boaid[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2006-2011 SECTION 2 PROJECTS 15 — 34 These projects are expected to begin construction in the years 2007 through 2011 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT #15: 72"d Avenue South Extension South 20e Street to South 196`h Street DESCRIPTION: Construct a new four-lane roadway from South 200th Street to South 196th Street. The project will include the crossing of [Mill Creek and construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: PreliminaryEngineering .................$170,000 Right of Way Acquisition..........................$0 Construction ...................................$600,000 TOTAL...........................................$7709000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: Continued development in the northern Kent industrial area, and high levels of congestion along West Valley Highway between the South 180th Street and South 196th Street corridors, mandate additional north-south arterial capacity. This project provides some relief for South 180`t' Street, South 196t� Street, and South 212f' Street intersections along West Valley Highway. It also provides improved access to the South 196t" Street corridor from industrial development along 72 nd Avenue South. i 1 AIP-Arterial Improvement Program[State],CMAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSM—Freight Mobility Strategic Investment Board[State],FTI—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,P{vTF—Public Works Trust Fund Loan[State],STP—Surface Transpoitation Program [Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] t CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT#16: South 2281h Street/Union Pacific Grade Separation Grade Separation crossing at Union Pack Railroad DESCRIPTION: Construct grade separation of the Union Pacific Railroad mainline tracks at South 228`i' Street. The project will include the construction of a railroad bridge structure, a bicycle and pedestrian bridge, and a road underpass; full-width paving; concrete curbs, gutters and sidewalks, street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$1,500,000 Right of Way Acquisition............$1,000,000 Construction ..............................$19,500,000 TOTAL......................................$229000,000 l FUNDING SOURCE(S): City of Kent, T113,FAST, FNISIB, Union Pacific Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations This project will support freight moving through Kent to the Ports of Seattle and Tacoma, Sea-Tac Airport and the freeway system. Grade separating this arterial will increase both rail and roadway capacity, decrease congestion, enhance safety, improve freight mobility in this corridor and throughout the region. This project will provide regional connections for thousands of businesses, employers, and the 40 million square feet of w arehouse/industrial space in the valley. i iAIP-Arterial Improvement Program[State], ChfAQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAfSIB—Freight Mobility Strategic Investment Boaid[State],FTA —Federal Transit Adnunistiation[Federal],HES—Hazard Elimination[Federal],ITS—Intethgent Transportation Systems[Federal].LID— Local Improvement District,P69TF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal]; TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] i CITY OF KENT t SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT 917: Central Avenue South Pavement Rehabilitation Green Raver Bridge to East Willis Street(SR 516) DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the roadway, between the Green River Bridge and East Willis Street (SR 516). This project will include the removal and replacement of the upper two inches of the existing pavement in the curb lanes in both directions, and a full-width asphalt concrete overlay of the entire roadway, and will also include the selective replacement of c atch basil inlets, and driveway approach aprons, as well as curbs, gutters and sidewalks. PROJECT COST: Preliminary Engineering...................$80,000 Right of Way Acquisition..........................$0 Construction ...................................$920,000 TOTAL........................................$1,000,000 FUNDING SOURCE(S): STP, City of Kent, I PROJECT JUSTIFICATION: The existing paving along this section of Central Avenue South is exhibiting signs of distress, as demonstrated by "alligatoring•, longitudinal cracking, and cracking of the curbs and gutters. The service life of this roadway has been reached, necessitating reconstruction of the pavement to extend the service life of the roadway, and prevent fin-ther pavement degradation. AIP-Arterial Improvement Program[State], CVAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FUSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Admimstiatton[Federal] IfES-Hazard Elimination [Federal] ITS-Intelligent Transportation Systems[Federal],LID— Local Improvement District,PifTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account, TIB-Transportation Improvement Boaid[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT 418: Interurban Trail Crossings Signal Interconnect West Meeker Street and West Smith Street DESCRIPTION: Interconnect the existing traffic signals at the Interurban Trail crossings at West Meeker Street and West South Street to the Union Pacific Railroad crossing signals at said streets. PROJECT COST: Preliminary Engineering...................$33,000 Right of Way Acquisition...............$264,000 Construction ..............................................$0 1 TOTAL...........................................$297,000 FUNDING SOURCE(S): STP, City of Kent, i PROJECT JUSTIFICATION: This project is required in order to interconnect the existing street signals with the railroad crossing signals. It will eliminate potential conflicts where traffic could back up across the railroad tracks Most of the cost of this project is for the Union Pacific Railroad to upgrade their grade crossing signal equipment to provide sufficient warning time of an approaching train AIP-Arterial Improvement Program[State], CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAISIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan [State],STP-Surface Transportation Program[Federal], TL4-Transportation Improvement Account,TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT t SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT #19: South 228th Street Corridor— Phase III/South 224th Street Extension 841f Avenue South to 104"'Avenue Southeast (Benson Road) (SR 515) DESCRIPTION: Construct a new five-lane road from 84th Avenue South to 104th Avenue Southeast (Benson Highway) (SR 515), including a new bridge over SR 167, and modify the traffic signals at the intersection of South 224"' Street and 84th Avenue South The project will include the construction of full- width paving; concrete curbs, gutters and sidewalks, street lighting, storrii drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............S1,500,000 Right of Way Acquisition............S4,800,000 Construction ..............................$18,700,000 TOTAL......................................S25,000,000 FUNDING SOURCE(S): City of Kent, LID PROJECT JUSTIFICATION: Additional capacity is required to accommodate existing development in the East Hill a rea o f t he city. The James Street and South 2 08th/212th Street `corridors' are infeasible to widen to accommodate forecast traffic volumes without additional east-west capacity, based upon exusttng development and topographic constraints. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Coindor,FUSIB-Freight Mobility Strategic Investment Board[State],FT4-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Iniellizent Transportation Systems[Federal],LID- Local Improvement District,PRTF-Public Works Trust Fund Loan[State] STP-Surface Transportation Progiam[Federal], TIA-Transportation Improvement Account, TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2008 PROJECT#20: I-5/South 272"d Street Interchange Reconstruction —Phase I Provide transit and HOUDirect-Access between South 272"d St and I-5 DESCRIPTION: Phase I would reconstruct the east half of the South 272"d Street/I-5 interchange to provide transit and HOV Direct-Access to South 272°d Street S ound T ransit a nd K mg C ounty M etro Transit h ave m ajor p ark L and tide facilities in the area with over 1,200 parking stalls. Transit and HOV traffic would be able to turn onto South 272"d Street from I-5 without weaving through traffic on I-5 The project includes a new northbound I-5 bridge and reconstruction of approximately one-half mile Of northbound I-5. The improvements would be constructed to match projects on South 272"6 Street that would be built between Pacific Highway South (SR 99) and Military Road. PROJECT COST: Preliminary Engineering..............$3,350,000 Right of Way Acquisition...............$150,000 Construction ..............................S26,800,000 TOTAL......................................$3093005000 FUNDING SOURCE(S): City of Kent, City of Federal Way, King County, STP, Sound Transit, TPP, WSDOT PROJECT JUSTIFICATION: The traffic volumes at the interchange have reached the point where reconstruction is required to reduce congestion. The new interchange will provide needed capacity through the year 2030. The reconstruction will also allow Sound Transit and King County Metro Transit to operate efficiently through the Star Lake and Redondo Heights Park and Ride lots. AIP-Arterial Improvement Program[State].CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FdfSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal].HES-Hazard Elimination[Fedetat],ITS-Intelligent Transportation Systems[Federal] LID- Local Improvement Disti ict,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transpottation Program[Fedeiall, TIA -Transpoitation Improvement Account,TIB-Transportation Impiovement Boatd[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT #21: South 272rid Street Widening— Phase II Pacific Highway South to Military Road South DESCRIPTION: Add two HOV lanes and left-turn lanes at intersections from Pacific Highway South (SR99) to Military Road South Construction will include full width paving, concrete curb, gutter, and sidewalks, street lighting; storm drainage; utilities; traffic signals; and appurtenances The project also includes widening the roadway under the I-5 bridges. PROJECT COST: Preliminary Engineering..............S1,120,000 Right of Way Acquisition............$1,100,000 Construction ................................$8,780,000 TOTAL......................................Sl 19000,000 FUNDING SOURCE(S): City of Kent, TIB, Washington State TPA, Federal, Sound Transit PROJECT JUSTIFICATION: Traffic volumes between Pacific Highway South and Military Road South have reached the point where improvements supporting HOV- added capacity are required to reduce congestion at the intersections and reduce backups approaching I-5. The HOV lanes will provide access to the Star Lake Park and Ride lot and the Redondo Heights Park and Ride lot. Adding HOV lanes and HOV access to I-5 supports various county and City of Federal Way transportation and transit improvement projects. AIP-Arterial Improvement Program[State], CM.4Q-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Sealtle-Tacoma Con idor,I-WSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Adm inisuation[Federal],PIES-Hazard Elimination[Federal].ITS-Intelligent Transporation Systems[Federal],LID— Local Improvement District,PITTF-Public Works Trust Fund Loan [State],STP-Surface Tiansportation Program[Federal], TI.A-Transportation Improvement Account, TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2009 j PROJECT #22: 801h Avenue South Widening South 196`h Street to South 188th Street DESCRIPTION: Widen g0th Avenue South from South 196th Street to South 188th Street to five lanes, This will include four general-purpose lanes and a two-way left turn lane. The project will also include the construction of full width ` paving; concrete curbs, gutters, and sidewalks; street lighting; stone drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$150,000 Right of Way Acquisition...............$300,000 Construction ...................................$550,000 TOTAL........................................$1,000,000 FUNDING SOURCE(S): City of Kent, LID PROJECT JUSTIFICATION: The opening of the 196f' Street corridor on the south end of the project and Renton's completion of Oaksdale Avenue South results in 801h Avenue South being a significant north/south corridor serving the industrial area As a result, the increased traffic volumes along this section of 8 0th Avenue South could reach the point where a consistent five lane roadway section is required to provide safe left turn access into the adjoining properties. Further, concrete curbs and gutters are required to provide control of roadway drainage and to prevent impacts to adjacent property owners. Sidewalks and street lighting will provide safe access 1 for pedestrians. 1 AIP-Arterial Improvement Progi am[State],CM.AQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAfSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Tiansit Administration [Federal],KES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID— Local Improvement District,PifTF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TM—Transportation Improvement Account, TIS—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM I YEAR: 2010 1 PROJECT#23: SE 248th Street Improvements 116"`Avenue Southeast to 13'" Avenue Southeast DESCRIPTION: Construct a new three lane roadway from 116t1' Avenue Southeast to 132nd Avenue S outheast which i ncludes t he c onstruction o f full w idth p aving; bicycle lanes; concrete curbs, gutters, and sidewalks; street lighting; storm drainage, landscaping, utilities and appurtenances. The project proposes construction of a modern roundabout at the 116th Avenue Southeast intersection rather than a traditional traffic signal. Improvements to vertical roadway geometry for sight distance and safety will also be addressed. PROJECT COST: PreliminaryEngineering g g.................$700,000 Right of Way Acquisition...............S100,000 Construction ................................$3,500,000 TOTAL........................................$4,300,000 FUNDING SOURCE(S): City of Kent, LID PROJECT JUSTIFICATION: Additional capacity is required to accommodate existing development in the East Hill area of the city. This project will provide additional east — west capacity to supplement SE 240th Street to the north, and SE 2561h Street to the south. In addition, the southeast corner of SE 248th Street and 120th Avenue SE is the future site of the City of Kent's Public Works maintenance facility. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Con idor.F4i5111-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Adimmstration[Federal],PIES-Hazard Elimination [Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account, TIB-Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #24: Willis Street(SR 516)/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad (UPRR) DESCRIPTION: Construct grade separation of the Union Pacific Railroad's mainline tracks at Willis Street (SR 516) The project will include the construction of a railroad bridge; a four-lane roadway under-crossing, full width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$4,000,000 Right of Way Acquisition..........................$0 Construction ..............................$16,000,000 TOTAL......................................$2090009000 FUNDING SOURCE(S): City of Kent, FAST, FMSIB, Port of Seattle, Port of Tacoma, TIB, Union Pacific Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. More than 27,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight traffic on the UP Railroad mainline is also increasing to approximately 20 trains a day. Grade separations provide the solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and ; commuters. 41P-Arterial Improvement Program[State], CtiL4Q—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor, Fd1SIB—Freight Mobility Strategic Investment Board[State],FT.4—Federal Transit Administration[Federal].HES—Hazard Elimination [Federal],ITS—Intelligent Transportation Systems[Federal] LID— Local improvement District,PWTF—Public Works Trust Fund Loan[State].STP—Suiface Transportation Program[Federal], TI.4—Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] I CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #25: Willis Street (SR 516)Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossings at Burlington Northern Santa Fe Railroad (BNSFRR) DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railroad mainline tracks at Willis Street (SR 516). The project will include the construction of a railroad bridge; four-land vehicle under-crossing, full width paving, concrete curbs, gutters, and sidewalks, street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$3,000,000 Right of Way Acquisition............$3,000,000 Construction ..............................$11,000,000 TOTAL......................................$17,000,000 FUNDING SOURCE(S): City of Kent, Burlington Northern Santa Fe Railroad, FAST, FMSIB, Port of Seattle, Port of Tacoma, TIB PROJECT JUSTIFICATION: This project supports east/west freight and commuter mobility in the Green River Valley. More than 27,000 vehicles per day travel on Willis Street, including over 800 freight-beating trucks. The level of freight and passenger rail traffic on the BNSF Railroad mainline is also increasing to approximately 45 trains a day. Grade separation provides more efficient movement of goods and provides a solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is expected This project will enhance Kent as an economic generator and provide regional cotmections for thousands of businesses, employers, and commuters. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal].HES-Hazard Elimination [Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District.P[vTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account, TIB-Transportation Improvement Board[State],TPP—Ti ansportation Partnership Program[State] i CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT#26: SE 256th Street Widening SR 516 (Kent Kangley Road) to 116`h Avenue SE DESCRIPTION: Construct a new three lane roadway from SR 516 (Kent Kangley Road) to 1161h Avenue SE including bike lanes on both sides of the roadway. The project will include construction of full width paving, concrete curbs, gutters, and sidewalks; street lighting; storm drainage, landscaping; utilities; and appurtenances. PROJECT COST: Preliminary Engineering.................$275,000 Right of Way Acquisition...............$377,500 Construction ................................$2,700,000 TOTAL........................................S3,3521500 i FUNDING SOURCE(S): City of Kent, Local Improvement District, TIB PROJECT JUSTIFICATION: This project will relieve congestion at all intersections between SR 516 (Kent Kangley Road) and 116ih Avenue SE by improving access to the intersection by means of left turn lanes This project has two-way left turn lanes for its entire length which allow motorists to not block traffic while w ailing t o t urn This n ew 1 ane will s top t he b ack-ups along S E 256"' Street at the intersection with 1091h Avenue SE, 111°i Avenue SE, 114th Avenue SE and 116thAvenue SE. The widening of SE 256ih Street also alleviates traffic on SR 516 (Kent Kangley Road) as the two roads essentially run parallel to each other. .41P-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],F,4ST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic investment Board[State],FT4-Federal Transit Administration[Federal],KES-Hazard Elimination[Federal],IT.S-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PbfTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation rinprovement Account, TIB-Transportation Improvement Boaid[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #27: South 212ti' Street/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad (UPRR) DESCRIPTION: Constrict grade separation of the Union Pacific Railroad's mainline tracks at South 212t1' Street. The project will include the construction of a railroad bridge; a six-lane roadway under-crossing; full-width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances, PROJECT COST: Preliminary Engineering..............$4,000,000 Right of Way Acquisition............$1,000,000 Construction ..............................$20,000,000 TOTAL......................................$25,0001 000 FUNDING SOURCE(S): City of Kent, FAST, TIB, Union Pacific Railroad PROJECT JUSTIFICATION: This project supports east/west freight and commuter mobility in the Green River Valley. More than 29,000 vehicles per day travel on South 212t1i Street, including nearly 3,500 freight bearing trucks. The level of freight traffic on the UP Railroad mainline is also increasing to approximately 20 trains a day. Grade separations provide the solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic , congestion is also expected This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal];FAST-Freight Action Strategy for Everett-Seattle-Tacoma COrtidor,FhiSIB-Freight Mobility Strategic Investment Board[State],FT.4-Federal Transit Administration[Fedeiall,HFS—Hazard Ehminatio-i[Federal] ITS-Intelligent Transportation Systems[Federal],LID— Local improvement District,PII`TF-Public Works Trust Fund Loan [State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account, TIB-Transpoiatron Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #28: South 212th street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossings at Burlington Northern Santa Fe Railroad (BNSFRR) DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railroad mainline tracks at South 212'h Street. The project will include the construction of a railroad bridge; six-lane vehicle under crossing; full width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$4,000,000 Right of Way Acquisition............$1,000,000 Construction ..............................$20 000 000 TOTAL......................................$25,0009000 FUNDING SOURCE(S): City of Kent,FAST, TIB, Burlington Northern Santa Fe Railroad PROJECT JUSTIFICATION: This project supports east/west freight and commuter mobility in the Green River Valley. More than 29,000 vehicles per day travel on South 212t" Street, including nearly 3,500 freight-bearing trucks The level of freight and passenger rail traffic on the BNSF Railroad mainline is also increasing to approximately 45 trains a day. Grade separation provides more efficient movement of goods and provides a solution to the costly problem of congestion. The railroad crossing will no longer impede freight and othei traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is expected This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. AIP-Arterial Improvement Program[State]; CUAQ-Congestion Mitigation and Arc Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSTB-Freight Mobility Strategic Investment Board[State],FTA-Federal Transit Administration[Federal] IIES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PifTF-Public Works Trust Fund Loan[State],STP-Surface Ti anspoi tation Program[Federal], TIA-Transportation Improvement Account, TIB-Transportation Improvement Board [State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #29: West Meeker Street Widening— Phase I 64`i'Avenue South to the Green River Bridge DESCRIPTION: Widen West Meeker Street to provide a five lane roadway, including four general purpose travel lanes, a center left turn lane, bicycle lanes, a pedestrian signal at the Riverbend Golf Course, and modifications to the existing traffic signal system at the intersection of West Meeker Street and Russell Road. The project will include the constriction of full-width paving; concrete curbs, gutters and sidewalks; landscaping; street lighting; storrn drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$800,000 Right of Way Acquisition...............$900,000 Construction ................................$2,800,000 TOTAL........................................$4,500,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Meeker Street has reached the point whereby a consistent five lane roadway segment is required to accommodate through traffic. Existing traffic volumes west , of the intersection of 64i1' Avenue South indicate the need for a five lane section to accommodate additional development. Sidewalk and bicycle improvements will provide additional incentive to encourage a safe and attractive walking and biking enviromnent, promote alternative modes of travel, and facilitate access to scenic and recreational facilities. AIP-Arterial[m rovement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal ,FAST-Freight Action Strategy for Everett-Seattle-Tacoma Con idor,FMSIB-Fieight Mobility Strategic Investment Board[State], FT 1-Federal Transit Administration FFederat],PIES-Hazard Eliriunation [Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PTVTF-Public Works Trust Fund Loan [State],STP-Surface Transportation Program[Federal], TI.A-Transportation Improvement Account, TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] ' CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #30: West Meeker Street Widening—Phase II SR 516 to the east side of the Green River, including a new bridge DESCRIPTION: Widen West Meeker Street between SR 516 and the Green River to provide a five lane roadway, including four general purpose travel lanes, a center left turn lane, and bicycle lanes. Construct a second two lane bridge for westbound traffic with a bike lane and sidewalk over the Green River parallel to the existing structure and convert the existing bridge to one-way eastbound with an eastbound bike lane. The project will include construction of full width paving, concrete curbs, gutters and sidewalks; street lighting; stone drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$800,000 Right of Way Acquisition..........................$0 Construction ................................$3,500,000 TOTAL........................................$493009000 FUNDING SOURCE(S): City of Kent, PROJECT JUSTIFICATION: The level of development along this section of Meeker Street has reached the point whereby a consistent five lane roadway is required to accommodate through traffic Existing traffic volumes indicate the need for five lanes to accommodate additional development. Sidewalk and bicycle i nprovemeats will provide additional incentive to encourage a safe and attractive walking and bicycling environment, promote alternative modes of travel, and facilitate access to scenic and recreational facilities. AIP-Arterial Improvement Program[State], CAMQ—Congestion Mitigation and Air Quality[Federal];FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAfS[B—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal] HES—Hazard Elimination[Federal],ITS—Intelltgent Transportation Svstems[Federal],LID— Local Improvement District,PUTF—Public Wotks Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Imptovement Account,TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 i PROJECT #31: Military Road Widening South 272nt1 Street to South 240" Street DESCRIPTION: Widen Military Road South from South 272nd Street to South 2401h Street adding left turn pockets at key intersections (Note: Rerth Road and South 272rid Street intersections are separate projects and not Included in this project.) PROJECT COST: Preliminary Engineering.................$200,000 Right of Way Acquisition..........................$0 Construction ................................$1,800,000 TOTAL........................................$2,000,000 FUNDING SOURCE(S): City of Kent, PROJECT JUSTIFICATION: The level of development along this section of Military Road South has reached the p oint where separated turn pockets are required to p rovide safe turning movements at key intersections and reduce the congestion by separating the turning movements from the through traffic. AIP-Arterial Improvement Program[State], CHAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAISIB—Freight Mobility Strategic Investment Board[State],F74—Federal Transit Administration [Federal] TIES—Hazard Elimination[Federal],ITS—Intelligent Transportation Systems[Federal],LID- Local Improvement District,PIVTF—Public Wotks Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] t CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT #32: 108th Avenue SE Extension SE Kent Kangley Roan(SR 516) to SE 2561h Street DESCRIPTION: Construct a new three lane roadway from SE Kent Kangley Road (SR 516) to SE 256th Street including rebuilding the traffic signals at the intersection of SE Kent Kangley Road and 1081h Avenue SE and installing a new traffic signal at the intersection of SE 256th Street and 109th Avenue SE. The project includes tight turn lanes northbound at 256th Street and Southbound at Kent Kangley Road. The project will also include construction of full width paving; concrete curbs, gutters and sidewalks, street lighting; stone drainage, landscaping; utilities and appurtenances. As part of this project, the eastbound left-turn lane from Kent Kangley Road to 256ti' Street will be eliminated. PROJECT COST: Preliminary Engineering.................$100,000 Right of Way Acquisition...............$750,000 Construction ...................................S900,000 TOTAL........................................$1,750,000 FUNDING SOURCE(S): City of Kent, PROJECT JUSTIFICATION: This project will relieve congestion at the Y- intersection of 104th Avenue SE (Benson Highway) (SR 515)/ Kent Kangley Road (SR 516)/ SE 256th Street by improving the traffic flow along SR 516. It will eliminate the left turn pocket from SR 516 to SE 256th and redirect that traffic along SR 516 to 108th Ave SE, There will be a new left turn pocket constricted for motorists wishing to travel north on 108`' Ave SE to SE 256th Street. By moving these left turning movements further to the east, away from the congested Y- intersection, all directions of traffic will be able to flow more efficiently, This extension will also provide another way for East Hill residents to have direct access to the business-by-pass route and better access to the commercial area south of the Kent Kangley Road/104th Avenue SE intersection. AIP-Arterial Improvement Program[State],CvIAQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—intelligent Transportation Systems[Federal].LID— Local Improvement District,Pbt TF—Public Works Trust Fund Loan[State],STP—Surface Transportation Program[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Tiansporation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM i YEAR: 2011 PROJECT #33: South 196th/192nd Street Corridor—Phase III 84"' Avenue South (East valley Highway) to 108"'Avenue SE (SR 515) DESCRIPTION: Construct a new five lane roadway from 84`h Avenue South (East Valley Highway) to 108th Avenue SE (SR 515), including a new bridge over SR 167. Project will include the construction of full-width paving; concrete curb, gutter and sidewalks; street lighting; storm drainage, landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering..............$5.000,000 Right of Way Acquisition............$5,000,000 Construction ..............................$25,000,000 TOTAL......................................$35,000,000 FUNDING SOURCE(S): City of Kent, LID, STP, TIB PROJECT JUSTIFICATION: Traffic volumes on existing east-west corridors will exceed adopted standards if forecasts of economic and residential growth on the East Hill of Kent and jurisdictions to the east of Kent continue as predicted by state and regional planning agencies. Additional roadway capacity must be found to accommodate this growth within the urban growth boundaries This project supports GMA policies, helps the City meet its Concurrency , Standards, and augments previous investments in this corridor by extending its usefulness as a freight corridor and major east-west comiection. , AIP-Arterial Improvement Program[State],CANQ—Congestion Mitigation and Air Quality[Federal],FAST—Freight Action Strategy for Everett-Seattle-Tacoma Comdor,FUSIB—Freight Mobility Strategic Investment Board[State],FTA—Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS—Intel I igent Transportation Systems[Federal],LID— Local Improvement District,PITTF—Public Works Trust Fund Loan[State],STP—Surface Transportanon Program[Federal], TIA—Transportation Improvement Account, TIB—Transportation Improvement Board[State], TPP—Transportation Partnei ship Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2011 PROJECT 434: SR 181/West Valley HighwaylWashington Avenue Widening Meeker Street north to approximately the 218th block DESCRIPTION: Widen the existing 5-lane road to 7 lanes to include 3 lanes in each direction and a center turn lane. The project will include the construction of full-width paving, concrete curbs, gutters and sidewalks, street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: PreliminaryEngineering En i g g.................$750,000 Right of Way Acquisition............$4,100,000 Construction ................................$7,600,000 TOTAL......................................$1294505000 FUNDING SOURCE(S): City of Kent, STP, TIB, WSDOT PROJECT JUSTIFICATION: SR 181/West Valley Highway/Washington Avenue is a major north- south route through the City and an important truck route for freight moving between the manufacturing, industrial and warehousing center of the Kent Valley and the regional freight corridors This route is 7 lanes wide both north and south of the project segment. With increasing traffic volumes from the expected growth in both the freight and commute segments, the widening is needed to reduce congestion at intersections and reduce backups approaching SR 167 and South 212th Street. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal].FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMS'I8-Freight Mobility Strategic Investment Board[State],FTA -Federal Transit Administration[Federal],HES—Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID— Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transpottation Program[Federal], TIA-Transportation Improvement Account, TIB-Transportation Impiovement Board[State],TPP—Transponation Partnership Program[State] r CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2006-2011 SECTION 3 PROJECTS 35 — 38 These are on-going city-wide projects or programs in , which the City is making continuous improvements and enhancements t l t t 1 t 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM I YEAR: 2006- 2011 PROJECT #35: Bicycle and Pedestrian Improvements Ongoing Citywide Prograrn DESCRIPTION: Make miscellaneous improvements to the city's bicycle routes and pedestrian systems Potential projects include improvements to 100t1i avenue Southeast north of South 2401h Street, Southeast 2481h Street east of 94th Avenue South; 152nd Way Southeast north of Southeast 272nd Street, and interconnecting the Interurban Bike Trail sib als with the railroad at Meeker Street and at Smith Street. PROJECT COST: Preliminary Engineering................. .$60,000 Right of Way Acquisition..........................$0 ' Construction ...................................S562,000 TOTAL...........................................$622,000 FUNDING SOURCE(S): City of Kent, PROJECT ' JUSTIFICATION: This project complies with the city's Commute Trip Reduction Ordinance and the City Comprehensive Plan. This project helps to reduce peak hour single-occupant vehicle trips, encourages the use of 1 non-motorized transportation modes, and provides safe routes for school- age pedestrians and cyclists. AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal];FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FAISIB-Freight Mobility Strategic Investment Board[State],FTA-Feder al Transit Adrruntstration [Federal],HES-Hazard Elmunation[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PIfTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TIA-Transportation Improvement Account, TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 - 2011 PROJECT #36: Guardrail and Safety Improvements Ongoing Crtvlvide Program DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance motorist safety. Candidate projects include Frager Road and 100"' Avenue Southeast (near the 22600 block). Upgrade existing guardrail end- treatments as mandated by State and Federal regulations. PROJECT COST: Preliminary Engineering...................$20,000 ' Right of Way Acquisition..........................SO Construction ...................................$175,000 TOTAL...........................................$195,000 FUNDING SOURCE(S): City of Kent, HES PROJECT JUSTIFICATION: This project is mandated by compliance with Federal and State regulations and the requirement to eliminate potentially hazardous roadway conditions. AIP-Arterial Improvement Program[State], CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Coi ridor,FMSIB-Freight Mobility Strategic Investment Board[State],FT,4-Federal Transit Admimstration[Federal],KCS-Hazard Elimination[Federal[.ITS-Intelligent Transportation Systems[Federal],LID- Local Improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Fedeial], 774-Transpoitation Improvement Account; T7B-Transportation Improvement Board[State],TPP—Transportation Partnership Program[State] CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006- 2011 PROJECT#37: Americans with Disabilities Act Compliance Sidewalk Repair and Rehabilitation Ongoing Citymde Program ' DESCRIPTION: Reconstruct and repair existing sidewalks and pedestrian ramps and install new hard-surfaced sidewalks to implement the requirements of the Federal Government's Americans with Disabilities Act (ADA). This project will include an inventory of the eity's sidewalk/walkway facilities, and identification and correction of existing deficiencies This project will also include the construction of concrete curbs, gutters and sidewalks; minor storm drainage; and appurtenances. PROJECT COST: Preliminary Engineering.................$200,000 ' Right of Way Acquisition..........................$0 Construction ................................S1,750,000 ' TOTAL........................................$1,950,000 FUNDING SOURCE(S): City of Kent, IPROJECT JUSTIFICATION: This project is mandated by the Americans with Disabilities Act (ADA). It repairs existing sidewalks, replaces deficient/substandard and/or missing wheelchair/pedestrian ramps, and brings same into compliance with the adopted Federal standards. ' ALP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic Investment Board[State],FT4-Federal Transit Administration[Federal],HES-Hazard Elimination[Federal],ITS-Intelligent Transportation Systems[Federal],LID- Local improvement District,PWTF-Public Works Trust Fund Loan[State],STP-Surface Transportation Program[Federal], TM-Transportation Improvement Account,TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] CITY OF KENT ' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2006 - 2011 PROJECT#38: Community Based Circulating Shuttles Ongoing Citywide Programs DESCRIPTION: Continue to provide enhanced transit service to meet the needs of the ' community through the use of fixed-route shuttle service, with demand- responsive routing capabilities. Routes 914 and 916 serve the Kent ' Transit Center, Regional Justice Center (RJC), Kent City Hall, Green River Community College's Kent Campus, and local shopping and medical facilities. Route 918 service includes the Kent Transit Center, RJC, Green River CC Kent Campus, and the manufacturing and industrial area in the valley. The City plans to add two new routes to demonstrate the v alue o f e irculator t ransit s ervice c onnecting the r esidential areas o f the east and west hills with the regional bus and commuter trail services at the downtown Kent Transit Center. PROJECT COST: Preliminary Engineering ...........................$0 ' Right of Way Acquisition..........................$0 Construction .................................$840,000* TOTAL.........................................$840,000* *$140,000 of this is city share, which is equivalent to the lost fare box revenue that the county could have ' collected were not the city wanting a free service for the Rt 914i916, Shopper Shuttle, (based on 6 years operating cost with 3% inflation) FUNDING SOURCE(S): City of Kent, King County, ITS PROJECT JUSTIFICATION: The Shopper Shuttle provides mobility and independence to many of the city's seniors and reduces the need for expensive Access service for many wheelchair lift service trips It addresses a significant transit market that may not be able to use the county's more traditional routes and encourages community participation of all citizens without the isolation and pollution of the automobile for every trip. Commuter Shuttles enhance the regional transit and train service by providing the vital link from the home to the Transit Center and from the Transit Center to the workplace, encouraging people to leave their vehicles at home, ' avoiding the cold start impacts to air quality, and reducing congestion on local streets. , AIP-Arterial Improvement Program[State],CMAQ-Congestion Mitigation and Air Quality[Federal],FAST-Freight Action Strategy for Everett-Seattle-Tacoma Corridor,FMSIB-Freight Mobility Strategic tn�estment Board[State],FT4 -Federal Transit Administration[Federal],MES-Hazard Elimination[Federal] ITS-Intelligent Transportation Systems[Federal],LID- Local tmprovement District,PWTF-Public Works Trust Fund Loan [State],STP-Surface Transportation Program[Federal], TIA-Transportation improvement Account; TIB-Transportation Improvement Board[State], TPP—Transportation Partnership Program[State] 1 CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM ' 2006 - 2011 • 1 KEN T WASHINGTON For more information or additional copies of this document contact: Steve Mullen, Transportation Engineering Manager City of Kent, Public Works, Engineering 220 Fourth Avenue South Kent, WA 98032-5895 (253) 856-5585 ' smu Ile n ci.kent.wa.us ' 39 ' Kent City Council Meeting Date October 4, 2005 1 Category Consent Calendar I. SUBJECT: HORSESHOE ACRES STORMWATER PUMP STATION— ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Horseshoe Acres Stormwater Pump Station project as complete and release retamage to T Miller Construction upon standard releases from the state and release of any liens The original contract amount was $328,305.28 The final contract amount was $330,156.66. ' 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X 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 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: REGIONAL AUTOMATED INFORMATION NETWORK MEMORANDUM OF UNDERSTANDING —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Memorandum of Understanding for the Regional Automated Information Network. ` This Memorandum of Understanding allows participating agencies to establish and maintain a regional automated information network (RAIN) that connects automated records management systems to: - Protect the public by assisting law enforcement in solving and preventing crimes and acts of terrorism. - Protect law enforcement officers by giving them information important to their safety while out on our streets and highways. - Connect to other parts of the Criminal Justice System for increased effectiveness ' and efficiency.- Connect to other regional, state and national information systems. The agreement has been approved by the Law Department 3. EXHIBITS: Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 9/15/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A 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 6J t POLICE DEPARTMENT Ed Crawford, Chief of Police • Phone 253-856-5888 KENT Fax 253-856-6802 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: September 15, 2005 TO: Public Safety Committee FROM: Ed Crawford, Chief of Police SUBJECT: Memorandum of Understanding for the Regional Automated Information Network (RAIN) - AUTHORIZE MOTION: I move to recommend placing the Memorandum of Understanding Among the Participating Law Enforcement Agencies Forming a Regional Automated Information Network(RAIN) on the Consent Calendar of the October 3, 2005 Council Meeting and authorizing signing the MOU. SUMMARY: The MOU allows participating agencies to establish and maintain a regional automated mfoi oration network(RAIN) that connects automated records management systems to: • Protect the public by assisting law enfoicenient in solving and preventing crimes and acts of terrorism • Protect law enforcement officeis by giving them information impoi tart to their safety while out on our streets and highways • Connect to other parts of the Criminal Justice System for increased effectiveness and efficiency. • Connect to other regional,state and national information systems. The agreement has been reviewed by the Law Department. EXHIBITS: RAIN MOU BUDGET IMPACT: None. Public Safety Committee Subject RAIN N40U Date.September 15,2005 Eftsurixg PL44C MEMORANDUM OF UNDERSTANDING AMONG THE PARTICIPATING LAW ENFORCEMENT AGENCIES FORMING A REGIONAL AUTOMATED By*Ming Tnfn INFORMATION NETWORK(RAIN) A. PARTICIPATING AGENCIES The participating agencies to this agreement are the: Aubum Police Department Algona Police Department Bellevue Police Department Black Diamond Police Department Bothell Police Department Clyde Hill Police Department Des Moines Police Department Duvall Police Department Enumclaw Police Department Federal Way Police Department Issaquah Police Department Kent Police Department King County Sheriff's Office and its Contract Cities Kirkland Police Department Lake Forest Park Police Department Medina Police Department Mercer Island Department of Public Safety Normandy Park Police Department Pacific Police Department Port of Seattle Police Department Redmond Police Department Renton Police Department Seattle Police Department Snoqualmie Police Department Tukwila Police Department University of Washington Police Department B. PURPOSE The participating agencies desire to enter into an Memorandum of Understanding(MOU) to establish and maintain a regional automated information network(RAIN) that connects automated records management systems to: 1. Protect the public by assisting law enforcement in solving and preventing crimes and acts of terrorism. 2. Protect law enforcement officers by giving them information important to their safety while out on our streets and highways. 3. Connect to other parts of the Criminal Justice System for increased effectiveness and efficiency. 4. Connect to other regional,state,and national information systems. RAIN MOU- 1 ORIGINAL C. DURATION This agreement shall commence on the date it is executed by the second participating agency to execute the agreement and shall continue until terminated as provided herein. D, AGENCY RESPONSIRtLITIES 1. Each participating agency shall bear its own costs in maintaining and, if i necessary, modifying its own information technology systems so that they are compatible and can communicate with RAIN. 2. Each participating agency shall adopt an interlocal agreement holding other RAIN participants harmless for that agency's negligent acts or negligent omissions related to the system The interlocal shall be adopted within six months of joining the RAIN system. The hold harmless provisions are set forth in Appendix A. In the event that a participating agency is not able to get approval for the interlocal agreement, that agency will no longer be a participating agency in the RAIN system. 3. King County Sheriff's Office Disclaimer: The King County Sheriffs Office agrees to be the host for the RAIN UDDI server and in that role will operate and maintain the server. The King County Sheriffs Office does not make any guarantees, warranties, or promises the server will be operational at all times or will not suffer from any failures or malfunctions. Other participating agencies recognize the RAIN UDDI server is intended to provide information to agencies to assist and supplement their investigations but is not intended to be the sole or primary source of information to investigate a suspect or crime. Access to the RAIN UDDI server is not intended to take the place of other means of accessing information to investigate suspects or crimes. The King County Sheriffs Office also does not control or guarantee the accuracy, relevance, timeliness, or completeness of the information or documents other participating agencies create and maintain, as noted in section E.1 of this Memorandum of Understanding. The King County Sheriff s Office also does not bear any responsibility for ensuring or auditing other participating agencies abide by the ACCESS and SECURITY provisions of this Memorandum of Understanding. E. OWNERSHIP,ENTRY,AND MAINTENANCE OF INFORMATION 1. Each participating agency retains sole ownership, exclusive control, and responsibility for the information it chooses to share with RAIN, except as provided in paragraph J. All system entries will be clearly marked to identify the contributing party. 2. The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party's entry and sharing of information with RAIN , except as provided in paragraph J. RAIN MOU-2 3. Each agency has agreed to share only police records, crime data, and investigative reports with RAIN. This system is not for intelligence information, e.g. reports from confidential informants. F. ACCESS TO AND USE OF INFORMATION 1. Each participating agency connected and contributing to RAIN agrees to permit the access, and use of such information by every other partner under the provisions of this Memorandum of Understanding. 2. Agencies that are not connected to RAIN and are not parties to the MOU are not authorized to access RAIN. Only law enforcement agencies may become a RAIN participating agency. 3. All parties will have access via a secure Internet connection to the information in RAIN. Each agency is responsible for providing its own internet connectivity. 4. A party may only access RAIN when it has a legitimate, official need to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training on system use. 5. An accessing party may use RAIN information for official matters only. 6. RAIN information may not be disseminated without first obtaining permission of each party that contributed the information, in accordance with and to the extent permitted by applicable law. 7. RAIN includes an audit capability that will log all user actions, including queries executed, and responses. 8. Nothing in this memorandum of understanding is intended to restrict the ordinary sharing of information between law enforcement agencies whether or not those agencies are members of RAIN. G. SECURITY 1. Each participating agency will be responsible for designating those employees who have access to RAIN. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queried. 2. Each party is responsible for training those employees authorized to access RAIN regarding the use and dissemination of information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party before using the information for purposes such as obtaining warrants. RAIN MOU-3 H. GOVERNANCE An Executive Board, composed of the Sheriff/Police Chief/Agency Executive, or his/her designee, from each participating agency, shall govern the affairs of RAIN. Each member of the Executive Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Executive Board. A presiding officer shallbe elected by its members, together with such other officers as a majority of the Board may determine. The presiding officer, or any board member, may call sessions as necessary. For a meeting to occur, a simple majority of the Executive Board (quorum) must be present. A simple majority of those present shall be required for passage when the Board votes on any matter. A tie vote does not pass the matter. In emergency situations, the presiding officer may conduct a telephone poll of Board members to resolve any issues. I. COMMITTEES 1. The Executive Board shall designate committees such as Users, Technical, and Legal Committees, as needed or appropriate_ 2. The presiding officers of the committees shall transmit recommendations to the presiding officer of the executive board and meet with him/her as needed or appropriate. J. DISCLOSURE REQUESTS A participating agency that receives a request for documents that the receiving agency interprets to include RAIN documents, (e.g., public disclosure, subpoena duces tecum, civil or criminal discovery motion) shall be responsible for responding to the request. If the receiving agency determines the law requires release of all or part of a RAIN document contributed by another participating agency, the receiving agency shall promptly forward a copy of the request to the contributing agency, notify that agency which documents or parts of documents the receiving agency intends to release, and provide the contributing agency a reasonable period of time to obtain a court order preventing the release of the RAIN documents or parts of documents. The receiving agency shall determine what time period is reasonable given the applicable law and any deadlines established by law or the court to respond to the request. For purposes of this paragraph J, a RAIN document includes any writing that can be printed or electronically stored from the RAIN network containing information relating to the conduct of government of the receiving agency or the performance of any governmental or proprietary function prepared, owned, used, or retained by the receiving agency. A RAIN document relating to a governmental function is 'used' by the agency if it is applied to a given purpose or instrumental to an end or process. The receiving agency shall not be considered to have used, owned retained or prepared a RAIN document merely because the RAIN document is accessible to the receiving agency through the Regional Automated Information Network. K. TERMINATION RAIN MOU-4 The nunimum term of this Agreement shall be one (1) year. This Agreement shall automatically be extended for consecutive one (1)year terns, unless terminated pursuant to the terms of this Agreement, or when the maintenance for the system funded by the grant for RAIN expires. A jurisdiction may withdraw its participation in RAIN by providing written notice of its withdrawal, and serving such notice upon each Executive Board member. A notice of withdrawal shall become effective thirty(30)days after service of the notice. RAIN may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only after notice has been given to the police chief or sheriff of each participating jurisdiction. For the Police Department/Sheriff s Office: Signature: j? Data: Name: Oaf�,114! Title: i RAINMOU-5 ORIGINAL APPENDIX A Language for Interlocal Agreement on Hold Harmless Insurance, Liabilitv: Each Cooperating Agency shall be responsible for the wrongful or negligent actions of its employees arising out of performance of this agreement as their respective liability shall apply under the laws of the State of Washington and/or Federal law and this Agreement is not intended to diminish or expand such liability. To that end each Cooperating Agency promises to hold harmless and release all other participating Agencies from any loss, claim or liability arising from or out of the negligent, tortious action(s) or inaction(s)of its employees, officers and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington. Nothing herein shall be interpreted to: a. Waive any defense arising out of RCW Title 5 1. b. Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or other Officer(s)whose action(s)or inaction give rises to loss,claim or liability including but not limited to an assertion that the Officer(s)was acting beyond the scope of his or her employment. c. Cover or require indemnification or payment of any judgment against any individuals or Agency for intentionally wrongful conduct outside the scope of employment of any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This Agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. RAIN MOU-6 APPENDIX B RAIN Security System Security Roles and Responsibilities Policy: The Cluef of Police for each participating agency in RAIN is responsible for establishing appropriate RAIN security control. Security control is defined as the ability to set, maintain, and enforce: 1. Standards for the selection, supervision,and termination of system access; and 2. Policy governing the operation of computers, access devices, circuits,hubs, router, firewalls, and other components that make up and support a telecommunications network and related RAIN system used to process, store,or transmit law enforcement and investigative information, guaranteeing the priority, integrity, and availability of service needed by the criminal justice community. Policy: The RAIN Governance Board is responsible for developing and maintaining the RAIN security policy. The RAIN Governance Board is not responsible for overseeing the security of participating agency systems, other then to act as a resource for each agency and to make decisions relating to apparent violations of the RAIN Security Policy,when they become known. Personnel Background Screenine Background: Each participating agency in RAIN is member of an information sharing network that requires a security clearance for all who access to the system. State and Federal Laws prohibit or restrict public access to and dissemination of Database Records. Access to these Database Records is therefore controlled by security authorizations. RAIN wishes to protect the security and proper use of the Database Records by performing Security Investigations on non Department employees or contractors who have or seek to have access to Database Records. RCW 10.97.050(3)provides that criminal justice agencies can access criminal history record information that includes non conviction data for any purpose associated with the administration of criminal justice. RCW 43.89.010 establishes the Central Computerized Enforcement Services System(ACCESS)and limits its use exclusively to the official business of the state, and the official business of any city,county, city and county, or other public agency. The Washington State Supreme Court has recognized that a law enforcement agency has a legitimate interest in ensuring a high level of trustworthiness and personal integrity in those individuals who would have access to Database Records due to the sensitive information accessible from those records and the unique potential RAIN MOU-7 Policy: Agencies must assume responsibility for and enforce the system's security standards with regard to all agencies and users it services.The local agency must have adequate physical security to protect against any unauthorized access to RAIN servers, computer terminals, access devices, or stored/printed data at all times. Sites include vehicles housing Mobile Data Terminals. Administrative Security Policy: Each agency Chief,by signing the Memorandum of Understanding agrees to conform to RAIN system security policy and procedures. Nan-criminal justice governmental agencies designated to perform criminal justice support services such as dispatching functions or data processing/information services for a criminal justice agency are eligible for RAIN records information systems access. Non-criminal justice governmental agencies are permitted access to RAIN systems if authorized pursuant to statute, regulation, ordinance,or interagency agreement. All non-criminal justice agencies accessing RAIN systems will be subject to all RAIN operational policies,rules, and regulations. Security control responsibility must remain with the sponsoring criminal justice agency. Private contractors or vendors are permitted access to RAIN data pursuant to a specific agreement for the purpose of providing services for the administration of criminal justice pursuant to that agreement. All RAIN member agencies shall provide security awareness briefing to all personnel who have access to RAIN information. The goal of these briefings is to ensure that personnel are made aware of- threats,vulnerabilities, and risks associated with accessing RAIN systems; • what requires protection; • information accessibility, handling,marking, and storage considerations; • physical and environmental considerations; • system, data, and access controls; • contingency plan procedures; • secure configuration control requirements; • social engineering practices; and • responsibility to promptly report security violations to the Chief of Police. Security Monitoring Policy: RAIN MOU-9 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: LAW ENFORCEMENT INFORMATION EXCHANGE MEMORANDUM OF UNDERSTANDING — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Memorandum of Understanding for the Law Enforcement Information Exchange (LInX). The purpose of this MOU is to set forth the policy and procedures for the use of the LInX by the participating parties, including the ownership and control of the information within the system, which may be contributed by each party for use by the LInX and the participating agencies. The LlnX will be available for use by participating law enforcement agencies in furtherance of authorized law enforcement activities, as well as the prevention and detection of terrorist risks and threats The agreement has been approved by the Law Department. 3. EXHIBITS: Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 9/15/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A 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 DISCUSSION: ACTION: Council Agenda Item No 6K 400 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 DATE: September 15, 2005 TO: Public Safety Coinnuttee FROM: Ed Crawford, Chief of Police SUBJECT: Memorandum of Understanding for the Law Enforcement Information Exchange (LInX NW) - AUTHORIZE MOTION: I move to recommend placing the Memorandum of Understanding Among the Naval Criminal Investigative Service and Participating Federal, State, County and Municipal Agencies for an Information Sharing Initiative Known as the Law Enforcement Information Exchange (LInX NW) on the Consent Calendar of the October 3, 2005 Council Meeting and authorizing signing the MOU. SUMMARY: The puihose of this MOU is to set forth the policy and procedures for the use of the LlnX by the participating pames, including the ownership and control of the mforniation within the system, which may be contributed by each party for use by the LInX and the participating agencies. The LInX will be available for use by participating law enforcement agencies in furtherance of authorized law enforcement activities as well as the prevention and detection of terrorist risks and threats. The agreement has been reviewed by the Law Department. EXHIBITS: LInX MOU BUDGET IMPACT: None. BACKGROUND: The impetus for this MOU is to further the wars against trine and terrorism in the wake of the September 11`i' terrorist attacks against the United States. Public Safety Committee Subject:LInX MOU Date September 15,2005 MEMORANDUM OF UNDERSTANDING AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE AND PARTICIPATING FEDERAL, STATE, COUNTY AND MUNICIPAL AGENCIES FOR AN INFORMATION SHARING INITIATIVE KNOWN AS THE LAW ENFORCEMENT INFORMATION EXCHANGE (LInX NW) A. PURPOSE. 1. This Memorandum of Understanding (MOO) is entered into by the Naval Criminal Investigative Service and the Federal, State, and local law enforcement agencies and the Federal Bureau of Investigation participating in an information sharing initiative for operation of a regional warehouse of databases, known as the Puget Sound Law Enforcement Information Exchange (LInX) The purpose of this MOU is to set forth the policy and procedures for the use of the LInX by the participating parties, including the ownership and control of the information within the system, which may be contributed by each party for use by the LInX and the participating agencies. 2. The driving impetus for this initiative and MOO is to further the wars against crime and terrorism in the wake of the September ll'' terrorist attacks against the United States. This includes: identifying and locating criminals, terrorists and their supporters; identifying, assessing, and responding to crime and terrorist risks and threats; and otherwise preventing, detecting, and prosecuting criminal and terrorist activities. To achieve these ends, it is essential that all Federal, State, and local law enforcement agencies cooperate in efforts to share pertinent information. The LInX will integrate relevant records of the parties within a single warehouse of databases, effectively providing each participating agency with a single source for regional law enforcement information. (For security purposes, LInX access to this information will be via a separate, sensitive but unclassified server located in the Seattle FBI field office.) 3. The LInX will be available for use by participating law enforcement agencies in furtherance of authorized law enforcement activities as well as the prevention and detection of terrorist risks and threats. Utilizing the LInX capabilities will significantly advance public safety and security, and will enhance the protection of this Nation' s critical Naval and military resources in the Puget Sound area of the State of Washington. B. PARTIES. 1. The parties ro this MOO are: the Naval Criminal Investigative Service; Bainbridge Police Department; Bremerton Police Department; Everett Police Department; Kitsap County Sheriff' s Office, Port of Seattle Police Department; Port Orchard Police Department; Poulsbo Police Department; Seattle Police Department; Snohomish County Sheriff' s Office; Tukwila Police Department; Washington Jail and Booking Records System, Washington Association of Sheriffs and Police Chiefs; and the Washington State Patrol; the Federal Bureau of Investigation; and other law enforcement agencies approved by the Governance Board. 2. The above parties agree that the Puget Sound Joint Terrorism Task Force (JTTF) and the Joint Analytical Center will be permitted access to the Puget Sound LInX upon their proper written request. Puget Sound LInX MOU l 06/24/04 i 3. Toe Washington Jail and Booking ,records System, Washington Association of Sheriffs and Police Chiefs, will be a contributing agency only with no querying capability. 1. The parties agree that maximum participation by all eligible law enforcement agencies will strengthen the purposes of this MOU. Accordingly, the parties anticipate and desire that other eligible agencies will join this MOU in the future. An eligible agency must apply for and be approved by the Governance Board to become a joining agency. The Governance Board shall establish criteria for eligibility to join such as but not limited to security compliance, data accountability, technical capability, and operational history. A joining agency once approved by the Governance Board shall also be considered a party and shall have the same rights, privileges, obligations, and responsibilities as the original parties. C. POINTS OF CONTACT. Each party shall designate an individual as the party's point of contact (?OC) for representing that party in regard to the MOU. A party may change its POC at any time upon providing written notification thereof to the Governance Board. D. AUTHORITY. 1. Authority for the Naval Criminal Investigative Service to enter into this MOU includes Department of Defense (DoD) Instruction 5505.3 dated July 11, 1986 and SECNAVTNST 552-0.3B dated January 4, 1993. 2. Authority for Washington State, county, and local agencies to enter into this MOU includes Revised Code of Washington Chapter 39.34. 3. Authority for the FBI to enter into this MOU includes: 28 'i.S.C. 533, 534; 28 C.F.R. 0.85; and Presidential Decision Directives 39 and 62 . E. MISSION/OBJECTIVES. This initiative seeks to capture the cumulative knowledge of regional law enforcement agencies in a systematic and ongoing manner_ to maximize the benefits of information gathering and analysis to prevent and respond to terrorist and criminal threats; to support preventive, investigative and enforcement activities; and to enhance public safety and force protection for the Nation' s critical infrastructure in the Puget Sound area. The specific objectives of the LInX are to: 1 . Integrate specific categories of law enforcement, criminal justice and investigative data from participating agencies in near Leal time within one data warehouse that will be accessible by all participating agencies. 2. Dramatically reduce the time spent by participating agency personnel in search and retrieval of relevant data by providing query and analytical tools. 3. Provide the means for the participating agencies to develop analytical products to support law enforcement, force protection, and counterterrorism operational and investigative activities. 4 . 2rovide an enhanced means for the participating agencies to produce strategic analytical products to assist administrative decision-making proceasea for area law enforcement executives. Puget Sound LlnX MOU 2 06/24/04 F. CONCEPT. 1. The LInX is a cooperative partnership of Federal, State, county, and local law enforcement agencies, in which each agency is participating unaer its own individual legal status, jurisdiction, and authorities, and all LInX operations will be based upon the legal status, jurisdiction, and authorities of the individual participants. The LInX is not intended to, and shall not, be deemed to have independent legal status. 2. The LInX will become a central, electronic repository of derivative Federal, State, county, and local law enforcement and investigative data, with each party providing for use copies of information from its own records which may be pertinent to LInX' s mission. Once the database warehouse is populated and properly structured, the system will function with querying and analytical tools in support of law enforcement activities, criminal investigations, force protection, and counter terrorism, and for the development of reports by the participating agencies for the use of their executive decision makers. 3. LInX functionality may be enhanced via acquisition and use of commercially available references, public source information, and software applications such as conunercial directories, census data, mapping applications, and analytical applications. 4. The LInX database warehouse collection will be resident on a server located at Seattle Division, Federal Bureau of Investigation, 1110 Third Avenue, Seattle, Washington, and the warehouse will contain "Sensitive But Unclassified" (SBU} information from the records systems of the MOU parties. All parties with the exception of B.3 to this MOU contributing data to the LInX will have equal access to the LInX functionality via secure Internet connections for read, analytical and lead purposes only. G. OWNERSHIP, ENTRY, ,AND MAINTENANCE OF INFORMATION. 1. Each party retains sole ownership of, exclusive control over content and sole responsibility for the information it contributes, and may at will at any time update or correct any of its information in LInX, or delete it from the LInX entirely. All system entries will be clearly marked to identify the contributing party. 2 Just as each party retains sole ownership and control of the information it contributes, so does a party retain sole ownership and control of the copies of that information replicated in the LInX. 3. The contributing party has the sole responsibility and accountability for ensuring that no information is entered into LInX that was obtained in violation of any Federal, State, or local law applicable to the contributor. 4 . The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party' s entry and sharing of information into the LInX. 5. The contributing party has the sole responsibility and accountability for making reasonable efforts to ensure the accuracy upon entry, and continuing accuracy thereafter, of information contributed. Each Puget Sound LInX MOU 3 06/24/04 party will notify the contributing party and the Governance Board of any challenge to the accuracy of the contributing party's information. 6. Because information housed by LInX will be limited to duplicates of information obtained and separately managed by the entering party within its own record system(s) , and for which the contributing party is solely responsible and accountable, information submitted by the participating parties shall not be altered or changed in any way, except by the contributing party. The contributing party should not make any changes to the data in the LInX warehouse that is not mirrored within the contributing party' s source records. 7. The LInX will thus only be populated with mirrored information derived from each contributing party' s "own records, " and is not in any manner intended to be an official repository of original records, or to be used as a substitute for one, nor is the information in the system to be accorded any independent record system status. Rather, this electronic system is merely a means to provide timely access for the law enforcement parties to information that replicates existing files/records systems. S. To the extent that any newly discovered links, matches, relationships, interpretations, etc. , located in "mining" of LInX information may be relevant and appropriate for preservation as independent records, it will be the responsibility of the accessing party to incorporate such information as records of the accessing party in the party' s own official records system(s) in accordance with that parry's records management processes (subject to obtainiig any contributing party' s consent as provided below) . A party that desires to incorporate in its own separate records information contributed by another party, including any analytical products based on another party' s information, must first obtain the entering party' s express permission. 9. Commercially available references, public source information, and software applications, such as commercial directories, census data, mapping applications, and analytical applications are considered to be nonrecori material and will be maintained in accordance with applicable contracts and/or licensing agreements. To the extent_ that any such information is relevant and appropriate for preservation as independent records, it will the responsibility of the accessing party to incorporate such information as records of the accessing party in the party' s own official records system(s) in accordance with that party' s records management processes and any applicable contract or licensing agreement. 10. Each agency has agreed to submit law enforcement, criminal justice and investigative types of records, reports, and information into the LInX warehouse. 11 . There is no obligation and there should be no assumption that c particular party's records housed in the LInX database warehouse represent the totality of all records of that party's records system for any subtect or person. H. ACCESS TO AND USE OF INFORMATION 1. Each oarty will contribute information to the LInX and agrees to permit the access, dissemination, and/or use of such information oy every other party under the provisions of this MOU (and any other applicable Puget Sound LInX MOU 4 06/24/04 agreements that may be established for the LInX) . The contributing party has the sole responsibility and accountability for ensuring that it is not constrained from permitting this by any laws, regulations, policies, and procedures applicable to the submitting party. 2 . Agencies that do not provide data for inclusion in the LInX are not eligible to be parties without express, written approval of the LInX Governance Board. Only duly constituted law enforcement agencies of a Federal, military, state, county, or local jurisdiction may become a party of the LInX. 3. All parties will have access via a secure Internet connection to all the information in the LInX, as provided in this MOU and any other applicable agreements that may established for the LInX; and each agency is responsible for providing its own internet connectivity. 4 . An accessing party has the sole responsibility and accountability for ensuring that an access comports with any laws, regulations, policies, and procedures applicable to the accessing party. 5. A party may only access the LInX when it has a legitimate, official need to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training appropriate to this MOU. 6. An accessing party may use information for official matters only. The system can not be used for general licensing and employment purposes, background investigations of federal, state or local employees or any other non-law enforcement purpose. 7 . Information in the system, including any analytical products, may not be used for any unauthorized or non-official purpose and shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. Specifically included within this prohibition is the use of information in the preparation of judicial process such as affidavits, warrants, subpoenas, etc. 8. Notwithstanding the requirement in the previous provision that information may not be disseminated without first obtaining express permission of each party that contributed the information in question, in accordance with and to the extent permitted by applicable law, required court process, or guidelines issued jointly by the Attorney General of the United States and the Director of Central Intelligence, immediate dissemination of information can be made if a determination is made by the recipient of the information: (a) that the matter involves an actual or potential threat of terrorism, immediate danger of death or serious physical injury to any person, or imminent harm to the national security; and (b) requires dissemination without delay to any appropriate federal, state, local, or foreign government official for the purpose of preventing or responding to such a threat. The owner of the information shall be immediately notified of any and all disseminations made under this exception. Puget Sound LInX MOU 5 06/24/04 9. Any requests for reports or cata in LInX records from anyone other than a party to this MOU will be directed to the contributing party. 10. Agencies other than the exception noted in paragraph B.2 above who are not pact of this MOU will not have direct access to LInX. Requests by such agencies for copies of information contained in LInX must be referred to the individual LInX party that owns the information. 11. The information in the LInF. shall not be used to establish or verify the eligibility of, or continuing compliance with statutory and regulatory requirements by applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under the Federal or Commonwealth benefit programs, or to recoup payments or delinquenc debts under such Federal or Commonwealth benefit programs. 12. The LInX will include an audit capability that will log all user actions, including queries executed, responses, alerts set, and notifications received. The log shall be maintained for the life of the record plus five (5) years. Any contributing party may request to receive copies of the audit log showing access to that party' s data. I. SECURITY. 1. Each party will be responsible for designating those employees who have access to the LInX. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queried. The system was developed with security in mind. It should be remembered by each participating member that access to the information within the system should be on a strictly official, need-to-know basis, and that all information is law enforcement sensitive. 2. Each party agrees to use the same degree of care in protecting information accessed under this MOU as it exercises with respect to its own sensitive information. Each party agrees to restrict access to such information to only those of it' s (and it governmental superior' s) officers, employees, detailees, agents, representatives, task force members, contractors/subcontractors, consultants, or advisors with a official "need to know" such information. 3. Each party is responsible for training those employees authorized to access the LInX system regarding the use and dissemination of information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party before using the information for purposes such as preparing affidavits, or obtaining subpoenas and warrants etc. Parties should also fully brief accessing employees about the proscriptions for using third party information as described in Section H, paragraphs 4-11, above. J. PROPERTY. 1. The equipment purchased by the NCIS to support this effort will remain the property of the NCIS. After expiration of any warranties, the NCIS, FBI, and the Puget Sound LInX Regional Governance Board will determine the responsibility for the maintenance of the server. Puget Sound LInX MOU 6 06/24/04 ?. Ownership of all property purchased by parties other than the NCIS will remain the property of the purchasing party. Each party accessing the LInX from the party' s facility shall provide its own computer statiops for its designated employees to have use and access to the LInX. The accessing party is responsible for configuring its computers to conform to the access requirements. Maintenance of the equipment purchased by the accessing party shall be the responsibility of that party. K. COSTS. 1. Unless otherwise provided herein or in a supplementary writing, each party shall bear its own costs in relation to this MOU. Even where a party has agreed (or later does agree) to assume a particular financial responsibility, the party' s express written approval must be obtained. before the incurring by another party of each expense associated with the responsibility. All obligations of and expenditures by the parties will be subject to their respective budgetary and fiscal processes and subject to availability of funds pursuant to all laws, regulations, and policies applicable thereto. The parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. L. LIABILITY. 1. The LInX is not a separate legal entity capable of maintaining an employer-employee relationship and, as such, all personnel assigned by a party to perform LInX related functions shall not be considered employees of the LInX or of any other party for any purpose. The assigning party thus remains solely responsible for supervision, work schedules, performance appraisals, compensation, overtime, vacations, retirement, expenses, disability, and all other employment-related benefits incident to assignment of its personnel to Llnk functions. 2. Unless specifically addressed by the terms of this MOU (or other written agreement) , the parties acknowledge responsibility for the negligent or wrongful acts or omissions of their respective officers and employees, but only to the extent they would be liable under the laws of the jurisdiction (s) to which they are subject. M. GOVERNANCE. 1. The parties recognize that the success of this project requires close cooperation on the part of all parties. To this end, the LInX will be operated under a shared management concept in which the parties will be involved in formulating operating policies and procedures. The Puget Sound LInX Regional Governance Board will consist of the head (or authorized designee) of each participating law enforcement agency. The parties agree to comply with all future policies and procedures developed by this Governance Board. 2. Each member of the Governance Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Governance Board. 3. A chairperson shall be elected by its members, together with such other officers as a majority of the Board may determine. The chairperson, or Puget Sound Lind MOU 7 06/24/04 any board member, may call sessions as necessary. For a meeting to occur a minimum of 51 of the membership must be present and a simple majority of those present shall be required for passage of any policy matters. A tie vote does not pass the matter. In emergency situations, the presiding officer may conduct a telephone or email poll of Board members to resolve any issues. The Board of Governors may also establish any needed committees such as technical, user, and legal. 4. Disagreements among the parties arising under or relating to this MOU shall be resolved only via consultation at the lowest practicable level by and between the affected parties and their sponsoring agencies (Or as otherwise may be provided under any separate governance procedures) and will not be referred to any court, or to any other person or entity for settlement. All unresclved matters will go before the Governance Board. 5. The Governance Board may establish additional procedures and rules for the governance of LInX and in furtherance thereof may enter into one or more separate formal or informal agreements, provided that any such agreement does not conflict with the spirit, intent, or provisions of this MOU, and is suffrci.ently memorialized to meet the business purposes of LInX governance (including adequately informing current and future parties) . Such governance agreement (s) may, for instance address: organizational structure and control; executive management and administration; delegation of authority; operating policies, procedures, rules, and practices; meetings, quorums, and voting procedures; audits; and sanctions (including involuntary termination of a party' s participation in this MOU) . N. NO RIGHTS IN NON-PARTIES. 1 . This MOU is an agreement among the parties and is not intended, and should not be construed, to create or confer on any other person or entity any right or benefit, substantive or procedural, enforceable at law or otherwise against the NCIS, the Department of the Navy, the Department of Defense, the FBI, the Department of Justice, the United States, a party, or any State, county, locality, or other sponsor under whose auspices a party is participating in the LInX or the officers, directors, employees, detailees, agents, representatives, contractors, subcontractors, consultants, advisors, successors, assigns or other agencies thereof. O. EFFECTIVE DATE/DURATION/MODIFICATION/TERMINATION. 1. As among the original parties, this MOU shall become effective when the duly authorized representatives of each party have all signed it. For parties who subsequently join, this MOU shall become effective when completed and signed by the joining party' s duly authorized representative and countersigned by the representatives of the LInX authorized to do so under LInX Governance procedures applicable at the time of joining. 2 This MOU shall continue in force indefinitely for so long as it continues to advance the participants' mission purposes, contingent upon approval and availability of necessary funding. This MOU may be modified upon the mutual written consent of the duly authorized representatives of all parties. However, the parties may, without the need of formal MOU modification, cooperatively address and resolve administrative, technical, and operational details relating to this MOU, provided that any such resolution: does not conflict with the spirit, intent, Puget Sound LIftX MOU 3 06/24/04 t or provisions of this MOU; could not reasonably be viewed as particularly sensitive, controversial, or ob]ectionable by one or more parties; and is sufficiently memorialized to meet the business purposes of LInX governance (including adequately informing current and future parties) • 4. This MOU may be terminated at any time by the mutual written agreement of the duly authorized representatives of all parties.. A party's duly authorized representative may also terminate the party' s participation in the MOU upon written notice to all other parties of not less than thirty 30 days. A party' s participation may also be terminated involuntarily as may be provided in applicable governance agreement. 5. Upon termination of this MOU, all property being used under its purview will be returned to the respective supplying party. Similarly, if an individual party' s participation in this MOU is terminated, the party will return any property to supplying parties, and the remaining parties will return any property supplied by the withdrawing party. 6. All information contributed to the LInX by a terminating party will be deleted from LInX. 7. As to information in the LInX during a party' s participation under this MOU, the rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of such information shall survive any termination. This applies both as to a terminating party's information, and to the other parties' disclosure and use of a terminating party' s information. P. APPENDICES A. Form for new agencies to join MOU (and copies of executed forms for each new agency which has so joined) B. Points of Contact C. Governance Provisions (may be added later at the discretion of the Board) D. Security Policy (may be added later) . IN WITNESS WHEREOF, the parties have executed this MOU by the signatures of the duly authorised representative of each participating agency on an individual page attached hereto and incorporated herein as part of this MOU. r t E Puget Sound UnX MOU 9 05/24AU APPENDIX A — Puget Sound LInX MEMORANDUM OF UNDERSTANDING PURPOSE. This document effects the 3oining by the in the PRMORANDUM OF UNDERSTANDING AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE AND PARTICIPATING FEDERAL, STATE, AND LOCAL AGENCIES FOR AN INFORMATION SHARING INITIATIVE KNOWN AS THE PUGET SOUND LAW ENFORCEMENT INFORMATION EXCHAN(;E (LInX) . AUTHORITY. Authority for the Joining Party to enter into this MOU includes: RCWi0.97 AGREEMENT. The Joining Party agrees to abide by all provisions and assume all obligations and responsibilities of the MOU, including any formal changes and any administrative, technical, and operational resolutions in effect at the time of execution (as to which the Joining Party acknowledges being provided copies or other adequate notice) . In return, the Joining Party shall also be considered a party and shall have the same rights and privileges as the original parties. POINT OF CONTACT. The Joining Party' s POC is: n rr� { Name and Title: t" d `v l L ' ,(� n A Office Phone: I 3- ') )Ul ��`� Cell: -.c53 Igo _ S`a Fax: Address: t.' K,I „tit L I `� Email/Other: _ t �y�"1" C' t� 1��` ti i b COSTS. Unless otherwise agreed in writing, the Joining Party shall bear its own costs in relation to the MOU. EFFECTIVE DATE/DURATION/TERMINATION. This document shall take effect when completed and signed by the Joining Party's duly authorized representative ana countersigned by the representatives of the LInX authorized to do so under LInX governance procedures applicable at the time of joining. Thereafter, duration and termination of the Joining Party' s participation in the MOU shall be as provided in the MOU. FOR THE JOINING PARTY: Signature: Date: Name: Title and Agency: FOR THE LInX: Signature: Date: Name: Title and Agency: Signature, Date: Name: Title and Agency: Puget Sound LInX MOU 10 06/24/04 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: VALLEY SPECIAL RESPONSE TEAM ADDENDUM ONE — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Addendum One to the Valley Special Response Team Interlocal Cooperative Agreement. Addendum One provides the cities of Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle to establish a process that will assist them in processing and responding to claims and lawsuits in a matter that best meets the purposes and policies of the Valley Special Response Team Interlocal Cooperative Agreement The agreement has been approved by the Law Department. 3. EXHIBITS: Addendum One 4. RECOMMENDED BY: Public Safety Committee 9/15/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A 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. 6L i 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 DATE: September 15, 2005 TO: Public Safety Committee FROM: Ed Crawford, Ciitef of Police SUBJECT: Valley Special Response Team Interlocal Cooperative Agreement, Addendum One - AUTHORIZE MOTION: I move to recommend placing Addendum One of the Valley Special Response Team Interlocal Cooperative Agreement on the Consent Calendar of the October 3, 2005 Council Meeting and authorizing the Mayor to sign the agreement. SUMMARY: Addendum One provides the cities of Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle to establish a process that will assist them in processing and responding to claims and lawsuits in a matter that best meets the put-poses and policies of the Interlocal Cooperative Agreement. The agreement has been reviewed by the Law Department. EXHIBITS: Addendum One to the Valley Special Response Team Interlocal Cooperative Agreement BUDGET IMPACT. None. Public Safety Committee Subject VSRT Addendum One Date Septembei 15,2005 CAG-03-080 Adden #1-05 ADDENDUM ONE TO THE VALLEY SPECIAL RESPONSE TEAM INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, &THE PORT OF SEATTLE THIS ADDENDUM ONE is made between the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, all Washington municipal corporations, and amends the Valley Special Response Team Interlocal Cooperative Agreement, dated effective November 13, 2003. WITNESSETH: WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle I entered into an intedocal cooperative agreement, in accordance with Chs 10.93, 39 34, and 53 08 of the Revised Code of Washington in order to establish and maintain a multi- jurisdictional team to effectively respond to serious criminal occurrences as described within that agreement; and WHEREAS, this multi-jurisdictional team is known as the Valley Special Response Team ("SRT"); and WHEREAS, from time to time, claims and lawsuits are filed with and against the jurisdictions that participate in the SRT for alleged damages and injuries that occur as a result of SRT activities; and WHEREAS, it is acknowledged that claims and lawsuits may be filed against jurisdictions that did not participate in the SRT response that gave rise to the claim or lawsuit or that a claim or lawsuit may be filed against a jurisdiction that is not in the best position to coordinate a response to the claim or lawsuit; and WHEREAS, the jurisdictions participating in the SRT have elected to enter into this Addendum One in order to establish a process that will assist them in processing and responding to claims and lawsuits in a matter that best meets the purposes and policies of the Interlocal Agreement; NOW THEREFORE, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle agree as follows: I. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of SRT activities. The lead jurisdiction shall be the jurisdiction within which the SRT response occurred; PROVIDED, that in the event the jurisdictitin within which the SRT response occurred did not participate in the SRT response, the lead jurisdiction shall be the jurisdiction within which the incident that required the SRT response originated. In the ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT-1 of 6 (August 20, 2004) event that a jurisdiction that was not involved in the SRT response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of the Agreement and this Addendum, and shall use its best efforts to determine who Is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The SRT Tactical Commander shall assist the lead jurisdiction in responding to a claim. The SRT Tactical Commander shall be responsible for gathering all records relating to the SRT response. These records shalt include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the SRT response. The Tactical Commander shall also provide a fist of personnel who participated in the response and their contact information. The Tactical Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request C. Claims of$5,000 or Less. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the SRT response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ij. Liability Determination —Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the SRT is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and/or the SRT In the event that the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the SRT response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT-2 of 6 (August 20, 2004) t .y of all jurisdictions participating in the SRT and each and every officer, agent, or volunteer of those participating jurisdictions. In the event that the lead jurisdiction determines that the SRT is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and/or the SRT, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; provided, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. III. Letter From Insurance Adjusters. In the event that a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating jurisdictions with a letter stating the determination and the bases for such determination. D. Claims over$5,000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the SRT to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim. The SRT Board members and persons listed in Section IV of this Addendum shall be notified of the meeting. II. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. 1p the event that a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of the SRT Agreement and this Addendum. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the SRT to discuss the lawsuit and to determine the appropriate manner within which to respond and/or defend the lawsuit. The SRT Board members and persons listed in Section III of this Addendum shall be notified of the meeting. 111. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of the SRT Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. In addition, the procedures set forth in this Addendum require notification to participating jurisdictions. Nothing in the Agreement or this Addendum shall be deemed a ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT-3 of 6 (August 20, 2004) waiver by any participating jurisdiction of the requirements set forth in Chapter 2.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 2.96 RCW. Moreover, nothing in the Agreement or this Addendum shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XIV of the Agreement and the procedures set forth in this Addendum, the following persons from each jurisdiction shall receive any required notification or documentation. Auburn: Kent: Daniel B. Held Arthur Pat Fitzpatrick Auburn City Attorney Kent Deputy City Attorney 25 West Main Street '220'4th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3030 (253) 856-5781 p dheid�ci.auburn.wa.us izttzpatrick ,ci kent_wa.us Jim Kelly Chris Hills Auburn Police Chief Kent Risk Manager 101 N. Division 220 4'h Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3080 (253) 856-5285 jkellyO-ci.auburn.wa.us chillsCa)ci kent wa.us Brerlda Heineman Brenda Jacober Auburn Human Resources Kent City Clerk Director/Risk Manager 220 4'h Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5728 (253) 931-3040 biacober .ci.kent.wa.us bheinemanoci.auburn.wa.us Danielle E. Daskam Ed Crawford Auburn City Clerk Kent Police Chief 25 West Main Street 220 4fh Avenue South Aubum, WA 98001 Kent, WA 98032 (253) 931-3039 (253) 856-5888 ddaskamC_ci auburn.wa us ecrawford(a ci kent.wa.us ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT-4 of 6 (August 20, 2004) Kent(cont.): Dave Santos Kent Police Support Services Mgr 220 4'h Avenue South Kent, WA 98032 dsantos rr ci kent.wa.us Federal Way: Renton: City Clerk Mike Webby City of Federal Way Renton Risk Manager P.O. Box 9718 1055 So. Grady Way Federal Way, WA 98063 Renton, WA 98055 Patricia Richardson Port of Seattle: Federat Way City Attorney City of Federal Way Peggy McPartland P.O. Box 9718 Port of Seattle Claims Manager Federal Way, WA 98063 P.O. Box 1209 Seattle, WA 98111 mcpartland.p o.portseattle.org Tukwila: CIAW: rCity Clerk Phillip M. Riche City of Tukwila Director of Claims 6200 Southcenter Blvd. Canfield &Associates, Inc. Tukwila, WA 98043 451 Diamond Drive Ephrata, WA 98823 priche(a)canfield-associates.com WCIA: Peg Campbell Claims Manager WCIA P.O. Box 1165 Renton, WA 98057 1egc(a)wciapool org IV. CONFLICT WITH AGREEMENT. If any provision of this Addendum conflicts with the provisions of the Agreement, the terns of the Agreement shall control ADDENDUM ONE TO THE VALLEY 1 SRT INTERLOCAL AGREEMENT-5 of 6 (August 20, 2004) V. • EFFECTIVE DATE. This Addendum shall become effective upon the last date of execution by the last authorized representative. VI. REMAINING PROVISIONS. Except as specifically amended, all provisions of the Agreement shall remain in full force and effect. BY SIGNING BELOW, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum, Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date ' ' SOS' Mayor,tity of Renton Date City Attorney, City of Renton Date &mac ' , W.'e �. "as I City Cierk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent A Date City Attorney, City of Kent Date City1ACit ent , Date a J F� 2� 'ty Ma , f Fed al Way D e City Atto ey, City of Federal Way D to 3 ity Jerk, City of Federa y ate Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date ADDENDUM ONE TO THE VALLEY SRTINTERLOCAL AGREEMENT-6of6 (August 20, 2004) Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: PUBLIC SAFETY TESTING SUBSCRIBER AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the addendum to the Public Safety Testing Subscriber Agreement. This is a renewal agreement between the Kent Police Department and Public Safety Testing, Inc. as the testing service for entry level police officers. Public Safety Testing provides advertising, processes applications and administers written examinations and/or physical agility tests. Public Safety Testing, Inc has successfully provided these services on a one year trial period which ended June 30, 2005. The contract period begins July 1, 2005 and ends June 30, 2008, unless either party withdraws from this Agreement with 45 days written notice. The agreement has been approved by the Law Department. 3. EXHIBITS: Addendum 4. RECOMMENDED BY: Public Safety Committee 9/15/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A 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. 6M tPOLICE DEPARTMENT Ed Crawford, Chief of Police • Phone 253-856-5888 KENT Fax 253-856-6802 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: September 15, 2005 1 TO: Public Safety Committee FROM: Ed Crawford, Chief of Police SUBJECT: Public Safety Testing Subscriber Agreement - AUTHORIZE MOTION: I move to recommend placing the Public Safety Testing Subscriber Agreement on the Consent Calendar of the October 3, 2005 Council Meeting and authorizing the Mayor to sign the agrcement. SUMMARY: This is a renewal agreement between the Kent Pollee Depai tment and Public Safety Testing, Inc. as the testing service for entry level police officers. Public Safety Testing provides advertising, processes applications and administers written examinations and/oi physical agility tests. The contact period begins July 1, 2005 and ends June 30, 2008, unless either party withdraws tiom this rAgreement with 45 days written notice. ■ The agreement has been reviewed by the Law Department. EXHIBITS: Public Safety Testing, Inc Subscriber Agreement BUDGET IMPACT: None. IPublic Safety Committee Subject-Public Safety Testing,Me. Date September 15,2005 i � Public Saest n ` t Ig SUBSCRIBER AGREEMENT WHEREAS, PubiicSafetyTestrng, Inc is a skilled provider of testing services to police, fire, and other public safety agencies, and WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement and/or firefighters and/or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public entity desires to join in a non-exclusive subscriber agreement, NOW, THEREFORE, PubhcSafetyTesting, Inc , (the "Contractor") and the City of Kent, a municipal corporation of the state of Washington (hereinafter "Subscriber"), do enter into this nonexclusive Subscriber Agreement under the terms and conditions set forth herein. 1 Description of Basic Services. This Agreement begins July 1, 2005 The Contractor will provide the following services to the Subscriber, on its request. 1.1 Advertise for, process applications for, and administer written examination and/or physical agility tests for (check all that apply). 19 E try-level Police Officer ❑ Lateral Police Officer 1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list, and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists. 1.3 Appear in any administrative or civil service proceeding in order to testify to I and provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process The Contractor shall appear without additional charge The Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance is deemed necessary to validate the process 14 Fees & Term. The Subscriber elects a three (3) year subscription at a fixed rate of S7,550 annually. 1.5 Payment. Subscriber shall pay an amount equal to twenty-five percent (25%) of the annual fee set forth in Exhibit A quarterly for services rendered in the previous quarter The annual fee set forth in Exhibit A shall be inclusive of all other costs including but not limited to software relating to online application, advertising formats, previously advertised scheduling of test dates, model civil service rules, testing systems, as well as ongoing testing and recruitment, and any and all other work developed at the cost of the Contractor prior to or contemporaneous with the execution of this Agreement. Payment shall be made within 45 days of receipt of invoice 2. Additional Services. At the request of the Subscriber, Contractor may provide the following types of services- 2.1 Submission to the Contractor of additional requests for applicant testing with respect to any given eligibility list or any other task under the provisions of this paragraph shall be at the sole discretion of the Subscriber This is a non- exclusive agreement and the Subscriber may continue at its discretion to conduct entry level testing in addition to the services provided by the Contractor, and may, in addition, contract with any other entity for services during the initial one-year term of this Agreement. If the Subscriber elects to utilize the Contractor for a three-year subscription, he/she may terminate this Agreement in years two and three and contract for additional services in accordance with the provisions of paragraph 9 below. 22 In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor Such services shall be requested by and contracted for pursuant to separate written agreement. 3. Acknowledgements of Subscriber The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions 3.1 The written and physical agility scores of any applicant shall be valid for 15 months from the date of certification by the Contractor or 12 months from the date of placement upon the Subscriber's eligibility list, whichever first occurs, following the report of the Contractor, and rules compatible with continuous testing shall be adopted. 3.2 An applicant may, in addition to the Subscriber's eligibility list, elect to have his/her score reported to and subject to placement on the eligibility fist of any other Subscriber. Nothing in this Agreement shall be interpreted to prohibit the use of an applicants' score for consideration in or processing through any other subscriber's hiring and/or civil service eligibility process The Suhscriher Agreement-City of Kent Page 2 of 10 PubhcSafelvPesang, Inc Juh,2005 Subscriber agrees that if an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list. 3.3 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 3.4 The Subscriber may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber may link PublicSafetyTesting.com. on its agency's website, if it so maintains one. 35 Public Safety Testing views recruiting as a partnership with the Subscriber. The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 3.6 The Subscriber agrees to keep the Contractor up-to-date as to the agency's hiring status, minitnum and special requirements, all information appearing on the agency's PST website profile and the names of any candidates hired through these services 4. Testing Standard and Warranty of Fitness For Use All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of the Washington State Civil Service Statutes, Chapter 41 08 and 41 12 RCW, all federal and state laws and regulations that prohibit discrimination in testing and hiring practices of the type provided by Contractor, any federal and state laws and regulations that apply to the services being provided by Contractor, or the terms of other applicable statute as the Subscriber shall notify the Contractor that the Subscriber must meet Tests shall also be conducted in accordance with the general standards established by the Subscriber, the Subscriber shall be f responsible for notifying the Contractor of any unusual or special process or limitation. The test utilized, the proctoring of the test and any and all other services attendant to or necessary to provide a valid passing or fading score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time The Contractor shall maintain complete written records of its procedures and the Subscriber may, on reasonable request, review such records during regular business hours Any and all written materials, and the standards for physical fitness testing utilized, shall comply with all applicable copyrights and laws The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. 5. Independent Contractor. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the Subset tber Agreement-City of Kent Page 3 of 10 PubhcSafetyTestung, Inc. ✓uh,2005 Subscriber being interested only in the results obtained under this Agreement. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Subscriber and any employee, agent or sub-contractor of the Contractor. 6. Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor 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 Contractor 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_ 7. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the Subscriber, 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 Contractor's performance of this Agreement Provided, however, that nothing herein shall be interpreted to require the Contractor to indemnify the Subscriber or any officer, official, employee, agent or volunteer for a claim or loss occasioned by the negligence, unlawful or tortious act of the Subscriber. The Subscriber's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. Subscriber shall defend, indemnify and hold the Contractor, 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 caused by the Subscriber's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 8. 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 hereunder by the Contractor, its agents, representatives, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this Agreement, the Subscriber Agreement-City of Kent Page 4 of 10 PubhcSafetyTesting, Inc Ali,2005 Contractor shall provide a Certificate of Insurance evidencing the following insurance coverage and limits Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to* products/completed operations/broad form property damage, and employer's liability. Insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, and independent contractors The Subscriber shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the Subscriber. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims-made" basis. The Subscriber shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the Subscriber as additional insured shall be attached to the Certificate of Insurance. The Subscriber reserves the right to receive a certified copy of all the 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 The Contractor's insurance shall be primary insurance as respects the Subscriber and the Subscriber shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage_ Insurance is to be placed with insurers with a current A M. best rating of not less than A-VII. 9. Termination. This Agreement terminates June 30, 2008. The Contractor and the Subscriber may withdraw from this Agreement at any time for any reason with 45 days written notice, provided, however, that the provisions of paragraphs 1.3, 4, 5 and 7 shall remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility list of the Subscriber Provided further that in the event either party elects to terminate this agreement, prior to its expiration, any amounts paid by the Subscriber shall be pro-rated and reimbursed to the Subscriber, accordingly, within 60 days of termination of this Agreement. Subscriber Agreement-0tv of Kent Page 5 of 10 PubhcSafetyTesttng,Inc. Juh '005 10. Miscellaneous Provisions. 10.1 Recyclable Materials, Pursuant to Chapter 3 80 of the Kent City Code, the Subscriber requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. 10.2 Non-Waiver of Breach. The failure of the Subscriber 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. 10.3 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 parties' right to indemnification under this Agreement. 104 Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 10.5 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 Subscriber and Contractor. 10.6 Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 11. Entire Agreement The written terms and provisions of this Agreement, together with any exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the Subscriber, and such statements shall not be Subscriber Agreement-Gty of Kent Page 6 of IO PublrcSafetvTestrng, Inc Ju4v 2005 effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the exhibits are hereby made part of this Agreement Should any of the language of any exhibits to this Agreement conflict with any language contained in this Agreement, the language 1of this document shall prevail. This Agreement is dated this day of 2005. CITY OF KENT, WA PUBLICS TES NG, INC. 1 II By- ���� � 4 By: Print- � Print- Jon F Walters, Jr Its: 1 Its: President Subscriber Agreement-City of Kent Page 7 of 10 PublicSafetvTestmg, Inc. Jul,2005 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 r me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below I agree fulfill the five requirements referenced above. Dated this 1fr a, of N I 200S . By. For j4u� Title 1t Subscriber Agreement-Ctry of Kent Page,ti of 10 Pub&cSafetvTesttng, bic Ju1v 2005 CITY OF KENT ADMINISTRATIVE POLICY NUMBER 1.2 EFFECTIVE DATE January 1, 1998 rSUBJECT: 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 1 Subscrrber Agreement-City of Kerrt Page 9 of 10 Pub/icSafetyTestrng, Inc. Jzrh,2005 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. 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 200_ By: r For: Title: Date: Subscriber 4greement-City of Kent Page 10 of 10 PubheSafetyTestrng, Inc. Jnlr 2005 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1 SUBJECT: CENTER FOR ADVANCED MANUFACTURING GRANTS FROM STATE OF WASHINGTON AND FEDERAL ECONOMIC DEVELOPMENT ADMINISTRATION — ACCEPT AND AMEND LBUDGET 2. SUMMARY STATEMENT: Accept a $350,000 grant from the Federal Economic Development Administration (EDA) and a $215,000 grant from the State Community, Trade and Economic Development (CTED) for the Center for Advanced Manufacturing; authorize the Mayor to sign the agreements, subject to final language acceptable to the City Attorney; and authorize expenditure of funds in a new Center for Advanced Manufacturing budget. In January 2005, the City received a $350,000 grant from the EDA for the planning and establishment of a Center for Advanced Manufacturing. Each federal dollar spent on this grant must be matched by a non-federal dollar. As part of the 2005 State of Washington legislative session, the City received a $215,000 matching grant for the same project The City will be contracting with the Kent Chamber of Commerce to explore the feasibility of creating the Center for Advanced Manufacturing. 3. EXHIBITS: CTED Contract Agreement and Award letter from the Federal EDA 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5 FISCAL IMPACT Expenditure? _ Revenue? Yes Currently in the Budget? Yes No X If no- new revenue and expense accounts created Unbudgeted Expense Fund Amount $ Unbudgeted Revenue. Fund Federal & State grant Amount $565,000 6 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N UNITED STATES DEPARTMENT OF COMMERCE The Assistant Secretary for Economic Development r z ff Washington, D C 20230 In Reply Refer To: Investment No.: 07-79-05622 Mr. Nathan Torgelson Economic Development Manager RECEIV"E_. City of Kent 220 Fourth Avenue South, { Kent, Washington 98032-5895 tr of :z +tTr If !hc Mqd(, Dear Mr. Torgelson: I am pleased to inform you that the Department of Commerce's Economic Development Administration (EDA) has approved the city of Kent's application for an EDA investment This $350,000 investment will be used for planning the establishment and operation of a regional center for advanced manufacturing, as part of President Bush's commitment to keep America working. President Bush is committed to ensuring that no community or demographic group is ' excluded from the opportunity to achieve the American dream. To that end, this EDA investment will serve as a foundation for future economic successes that will benefit both families and businesses in Washington. EDA is committed to providing financial assistance to meet the economic development needs of distressed communities throughout the United States. Our mission is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy ' Please be assured that EDA's Seattle regional office will be in contact with you to assist in the implementation of EDA's investment in this partnership. I have requested that Lloyd Kirry, our representative for Washington, contact you to make all necessary arrangements. Mr Kirry can be contacted at 915 Second Avenue, Room 1890, Seattle, Washington 95814, or(206) 220-7682. I share your expectations regarding the impact of this investment and look forward to working with you to see to its successful completion I am confident that this project will bean important asse! in your economic development strategy and will provide lasting improvements in your communi ty. Sincerely, David A. Samp on Assistant Secretary for Economic Development f FORM C13-450 U i DEPARTMENT OF COMMERCE ❑ GRANT ❑ COOPERATIVE AGREEMENT IRFV 10 ICD4$0 ' FW1 FINANCIAL ASSISTANCE AWARD ACCOUNTING CODE RECIPIENT NAME City of Kent AWARD NUMBER 07 79 05622 STREET ADDRESS 220 Fourth Avenue South FEDERAL SHARE OF COST $350,000 i CITY, STATE,ZIP CODE Kent, Washington 98032-5895 RECIPIENT SHARE OF COST $350,000 AWARD PERIOD 1 Januarf 2005 through 31 December 2007 TOTAL ESTIMATED COST $700,000 DEPARTMENT OF COMMERCE OPERATING UNIT Economic Development Administration AUTHORITY 42 U.S.C. Section 3149, et seq. Public Works and Economic Development Act, as amended by Public Law 108-372; CFDA NO. 11.307 PROJECT TITLE: Regional Advanced Manufacturing Center Plan BUREAU FCFY FUND PROGRAM CODE BUDGET SUBACTIVITV I OBJECT 1 CLASS EXPEND ENTITY 20 04 40 79 921 41 10 16 This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below and attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document -3hall be retained by the Recipient. If not signed and returned without modification by the Recipient within 30 day_, of receipt, the Grants Officer may unilaterally terminate this Award. ® Department of Commerce Financial Assistance Standard Terms and Conditions, dated 10/98 ® Special Award Conditions and Attachments ® Line Item Budget ® 15 CFR Part 24, Uniform Admin Requirements for Grants/Cooperative Agreements to State & Local Governments ® OMB Circular A-87, Cost Principles for State and Local Governments and Indian Tribal Governments ® OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations ❑ 15 CFR, Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Nonprofit, and Commercial Organizations ❑ OMB Circular A-122, Cost Principles for Nonprofit Organizations ❑ OMB Circular A-21, Cost Principles for Educational Institutions ® EDA Standard Terms and Conditions Capacity Building Programs SIGNATURE OF DEPARTMENT OF CO MEPCE GRA NAME A. Leonard Smith DATE OFFICER TITLE Regional Director _„ 2 2 SIGNATU OF AUTHORIZED RECIP T OFFICIAL TYPED ��- #� tr, / !'I�`f j� ri DATE ��►��4�7Tj/� NAME TITLE t iUNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION Special Award Conditions of Financial Assistance Award for Economic Adjustment Project under Section 209 of the Public Work and Economic Development Act, as amended by Public Law 108-373 Award Number: 07 79 05622 Recipient: City of Kent Address: 220 Fourth Avenue South Kent, Washington 98032-5895 I. This award will extend from 1 January 2005 through 31 December 2007. The Economic Development Administration will make award payments upon receipt of a Request for Advance or Reimbursement (Form SF-270) from the Recipient or other federal instrument or fiscal system as may be required Funds will be disbursed by electronic transfer directly to the co-recipient's designated bank account. II. Total allowable costs will be determined at the conclusion of the award period in accordance with OMB Circular A-87 and with OMB Circular A-133. III. The following reports are due on the dates indicated: A. Work Schedule: 30 days from award of grant. B. Final Report: 28 February 2008 "Continued Next Page" I Award No. 0779 05622 Page 2 C. Progress and Financial Reports Semi-annual progress and financial reports (Financial Status Report, Forms SF-269 or F-269A, and Federal Cash Transaction Report, Form SF-272) according to the schedule below: Period Due Date 1 January 2005 to 30 June 2005 31 July 2005 1 July 2005 to 31 December 2005 31 January 2006 1 January 2006 to 30 June 2006 31 July 2006 1 July 2006 to 31 December 2006 31 January 2007 1 January 2007 to 30 June 2007 31 July 2007 1 July 2007 to 31 December 2007 31 January 2008 Notes The last periodic report should include all expenses charged to the award. The Recipient, however', may elect to submit a separate final report for the entire award period no later than 60 days following the expiration of the award period. The Economic Development Administration(EDA) will close the award on the basis of the final financial report. EDA, may, however, revise the eligible project costs based upon the audit report, if required under the Standard Terms and Conditions. D. Submissions All reports and correspondence related to this project are to be submitted to the Federal Program Officer: Darrell van Ness Seattle Regional Office Economic Development Administration 915 Second Avenue, Room 1890 Seattle, WA 98174 In addition, the Recipient will submit a copy of the Periodic Progress Report(s) and the Final Report to the appropriate Economic Development Representative of the Economic Development Administration. *Continued Next Page* 1 rAward No. 0779 05622 Page 3 rIV. Budget A. Under the terms of the award, the approved budget is: Federal Cash Contribution $350,000 itecipient Contribution $350,000 Total $700,000 rB. Budget Categories (Line Item Budget) Federal Nonfederal Total 1. Personnel $ 0 $ 0 $ 0 2. Fringe Benefits $ 0 $ 0 $ 0 3. Travel $ 0 $ 0 $ 0 4. Equipment $ 0 $ 0 $ 0 5. Supplies $ 0 $ 0 $ 0 6. Contractual $350,000 $350,000 $700,000 7. Other $ 0 $ 0 $ 0 Total Direct Charges $350,000 $350,000 $700,000 8. Indirect Charges $ $ $ Grand Total $350,000 $350,000 $700,000 V. Name of Grantor In this document and it attachments the acronym "EDA" means the Economic Development Administration. rVI. . Performance Measures The Grantee (also known as"recipient"in these special conditions) agrees to report on prograrr performance and project outcomes in such form and at such intervals as may be prescribed by the Economic Development Administration in compliance with the r Government Performance and Results Act of 1993. The performance measures that presently apply to this project are enclosed (in Attachment G to this Award). EDA will advise the grantee, in writing within a reasonable period, prior to the time of submission, in the event there are any modifications in the performance measures. *Continued Next Page* r r Award No. 0779 05622 , Page 4 VII. Report on Unliquidated Obligations Each year that the grant is in effect the Recipient must submit a status report on obligations accrued in or for the project but not reimbursed as of September 30 of that , year. This report will be made on SF 269A(Financial Status Report) and submitted no later than October 30 of that year. Economic Development Administration shall provide instructions for submission of the report by September 1 of each reporting year. Failure to submit this report could result in penalties including the suspension of the grant. VIII. Other Requirements See the attached: Scope of Work (Attachment A); Department of Commerce Financial Assistance Special Award Conditions (Attachment B); Authorised Staff Positions(Attachment C); Final Report Narrative (Attachment D); Department of Commerce Financial Assistance Standard Terms and Conditions (Attachment E); Economic Development Administration Standard Terms and Conditions Capacity Building Programs (Attachment F); Performance Measures (Attachment G). i Attachment A Award No. 07 79 05622 i SCOPE OF WORK The City of Kent for the purpose of supporting diversity and innovation within the manufacturing ' sector of the economy, primarily in the region of King and Pierce Counties, shall study and plan a center for advanced manufacturing. Tasks will include: I1. Complete a transitional manufacturing economic plan to determine which manufacturing subsectors offer the greatest potential for growth and innovation. 2. Conduct a feasibility study and draft a business plan for implementation that places the proposed center for advanced manufacturing in a larger regional economic development context. The study and plan are intended to answer the question of whether there is a sound financial justification for creating the center; to produce or lead to focus on what should be the appropriate functions of the center; and to define the core mission of the center. A f nal narrative report describing the project as a whole and prepared in the format stipulated in Attached D to this award shall be submitted to EDA i I I i f Attachment B Award No. 07 79 05622 DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE SPECIAL AWARD CONDITIONS A. AWARD NUMBER AND PROPOSAL DESCRIPTION. This Award, Number 07 79 05622, supports the work described in the Recipient's proposal, dated July 26, 2004, zuid titled"Feasibility Analysis of a Center For Advanced Manufacturing," which is incorporated into this award by reference. Where the terms of the award and proposal differ, the terms of the award shall prevail. B. AWARD CONTACTS. .01 The Recini,-Int Contact's name, address, and telephone number is: Nathan Torgelson Economic Development Manager 220 4' Ave. S. Kent, Washington 98032-5895 253.856,5703 .02 The Federal Program Officer is responsible for the programmatic, technical and/or scientific t aspects of this award. The Federal Program Officer's name, address, and telephone number are: Darrell van Ness Seattle Regional Office Economic Development Administration S,15 Second Avenue, Room 1890 Seattle, WA 98174 206.220.7676 *continued next page* Attachment B Award No. 07 79 05622 Page Two .03 The Grants Officer is responsible for all administrative aspects of this award and is authorized to award, amend, suspend, and terminate financial assistance awards. Grants Officer's name, address, and telephone number are: A. Leonard Smith, Regional Director Seattle Regional Office Economic Development Administration 915 Second Avenue, Room 1890 Seattle, WA 98174 r206.220.7660 04 The Grants/Cooperative Agreements Specialist is responsible for administrative coordination and liaison with the Recipient. This individual receives appropriate material from the Federal Program Officer and/or the Recipient for administrative processing. The Grants/Cooperative Agreements Specialist's name and telephone number are: Thomas Bridges 206.220-7678. C. DETAILED LINE ITEM BUDGET. The line item budget for this award is as follows: See Item IV in the Economic Development Administration Financial Assistance Award Special Conditions. D. REFUND C1�IECKS. The Recipient shall submit all refund checks to the Department of Commerce (DOC) accounting office identified below. All checks must identify on their face the name of the DOC agency funding the award, award number, and no more than a two-word description to identify the refund. A copy should be provided to the Federal Program Officer. Iconomic Development Administration I'.O. Box 100202 Atlanta, GA 30384 r *Continued Next Page* r r r Attachment B Award No. 0779 05622 Page Three E. PROGRAM INCOME. Program income earned during the period shall be retained by the Recipient and shall be added to funds committed to the award and used for the purposes and under the conditions applicable to the use of the award funds. r r r r r r r r r r r r r Attachment C Award No. 07 79 05622 AUTHORIZED STAFF POSITIONS Annual EDA EDA Local Local Total Salary % $ % $ $ ' Position Rate —NONE— Attachment D Award No. 07 79 05622 U.S. Department of Commerce Economic Development Administration GUIDELINES FOR PREPARING REPORTS t These guidelines contain instructions for preparation and printing of final reports and similar products prepared under the Economic Development Administration's (EDA's) programs. They are supplemental to requirements found in the terms and conditions of the award. ORGANIZATION AND CONTENTS Final reports will contain the following elements in the order listed below: o The cover will contain a short descriptive title, the name of the recipient, the author, and the date submitted to EDA. It also will contain the EDA project (or grant or award) number, EDA logo, and the following statement: This Report was Prepared under an Award from the U.S. Department of Commerce Economic Development Administration o In addition to the information on the cover,the title page will contain the following disclaimer: This publication was prepared by [recipient]. The statements, conclusions, =d recommendations are those of the author(s) and do not necessarily reflect , 1he views of the Economic Development Administration. o Abstract of between 150 and 200 words. o Executive summary of not over 2000 words. o Contents and lists of maps, figures, and tables. o Body of'report. o References, bibliography, and appendices as appropriate. o Consecutive page numbering. i Attachment D Award No. 07 79 05622 Page Two SPECIFICATIONS Binding and C<)ver: The report is to be bound within durable covers. Printing: Printing must be letter quality on 8 '/z x I 1 inch paper. Illustrations: If graphs, charts, maps, line drawings,and photographs are used,original art, continuous tone; glossy, and/or photo reproducible prints should be used and normally not exceed an image size of 6 '/z x 9 inches. ' Reproducible: A reproducible original of this report must be furnished to EDA. EDA Logo: A reproducible EDA logo for the cover will be provided by EDA to the recipient Iupon EDA's approval of the draft report and approval to print the final document. NUMBER OF COPIES AND MAILING Send a copy to the Federal Program Officer: Darrell van Ness Seattle Regional Office 'Economic Development Administration 915 Second Avenue, Room 1856 Seattle, WA 98174 In addition, send a copy to the appropriate Economic Development Representative of EDA. 1 j 1 1 1 Attachment G Award No. 07 79 05622 PERFORMANCE MEASURES Type of Program: Strategy or Technical Assistance Planning and Development Assistance Programs Core Performance Measures o Performance and outcomes at project completion and also three years after project completion: Grantee shall report a self-evaluation, using the scale of 1 to 10 with 10 =best: 1. Quality of strategy, evaluation, feasibility study, and/or service. 2. Helpfulness of strategy, evaluation, or study in decision-making. 3. Likelihood of recommendations being realized, if project was or included an evaluation or feasibility study or was a strategy. 4. Effectiveness of the service, if the project was or included services. i DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE -_ STANDARD TERMS AND CONDITIONS 1 1 1 of CO 1 G � �i STAT OF P ES October 2001 COPYCONTRACT NO. S06-76105-853 WASHINGTON STATE COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT , ECONOMIC DEVELOPMENT DIVISION 1. GRANT RECIPIENT: 2. AWARD DATE- 3. END DATE: , City of Kent July 1, 2005 June 30, 2006 220 Fourth Avenue South Kent, Washington 98032 4. GRANT RECIPIENT REPRESENTATIVE 5. CTED REPRESENTATIVE: NAME: Nathan Torgelson NAME: Ginger Rich , PHONE: 253-356-5703 PHONE: 206-256-6112 FAX. 253-356-6700 FAX: 206-256-6125 E-MAIL: ntorgelson@cl.kent.wa.us E-MAIL: gmgerr@cted.wa.gov 6. SOURCE OF FUNDS: 7 TAX IDENTIFICATION NUMBER: State Proviso Funds- $215,000 91-6001254 8. SUMMARY: The City of Kent and the Kent Chamber of Commerce will conduct a market analysis and create a business plan for a transitional manufacturing economic plan and Center for Advanced Manufactunng in South King and East Pierce Counties The DEPARTMENT and GRANT RECIPIENT acknowledge and accept the terms of this CONTRACT and attachments and have executed this CONTRACT as of the date and year wntten below The rights and obligations of both parties to this CONTRACT are governed by this CONTRACT and other documents incorporated by reference• CONTRACT Terms and Conditions including Attachment A• Workplan and Attachment B• Budget. FOR THE DEPARTMENT: FOR THE GRANT RECIPIENT: Victor Vasquez, Director Jim White, Mayor Economic Development Division City of Kent DATE: DATE: APPROVED AS TO FORM ONLY: ' Sandra Adix (si nature on file) , Assistant Attorney General DATE: June 8, 200`i S\County Files\Ktng County\Contracts 05-071Kent Center for Manuf S06- 76105-853 doc 1 of 9 ' CONTRACT NO. S06-76105-853 ' CONTRACT TERMS & CONDITIONS SECTION 1 - PREAMBLE ' This CONTRACT, entered into by the City of Kent, (hereinafter referred to as the GRANT RECIPIENT) and the Department of Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT. WHEREAS, the DEPARTMENT has the responsibility under RCW 43.330.050(5) to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs; and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents; and WHEREAS, the DEPARTMENT has selected the GRANT RECIPIENT to receive funds and the GRANT RECIPIENT shall use the funds to undertake a project, which furthers the goals and objectives of the DEPARTMENT'S Economic Development Division in accordance with its mission. THEREFORE, the parties mutually agree to the following terms and conditions- SECTION 2 - WORKPLAN Over the course of the CONTRACT period, the GRANT RECIPIENT shall accomplish the activities described in Attachment "A": Xorkplan that is incorporated into the CONTRACT by reference SECTION 3 - FUNDING The total funds to be reimbursed to the GRANT RECIPIENT for costs incurred during the CONTRACT period ' shall be a sum not to exceed $215,000. SECTION 4 - BUDGET An approved budget by category of expenditure is included as Attachment "B" of this CONTRACT and is incorporated into the CONTRACT by reference The total amount of transfers of funds between line item budget categories shall be as specified in Attachment"B". If the cumulative amount of these transfers is expected to exceed the amount specified in Attachment "B", the total project budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANT RECIPIENT and the DEPARTMENT in advance of expenditure. ' SECTION 5 - CONTRACT PERIOD A. The effective dab: of this CONTRACT shall be the date all parties sign and complete execution of the CONTRACT This CONTRACT shall terminate on June 30, 2006, except for any remaining obligations of the GRANT RECIPIENT as may exist under Section 7. B. Costs to be reimbursed by the DEPARTMENT under this CONTRACT are those eligible costs incurred during the perfonnance of the CONTRACT work specified in Attachment "A" on or after July 1, 2005 the award date. 2 of 9 CONTRACT NO S06-76105-853 ' SECTION 6 - REIMBURSEMENT PROVISIONS , A. Funds will be disbursed on a reimbursement basis only. Special reimbursement provisions or exceptions i may be negotiated between the DEPARTMENT and the GRANT RECIPIENT and incorporated into Attachment `B". B. Only eligible project-related costs will be reimbursed. Ineligible costs include, but are not necessarily limited to- capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing; and other costs which are not directly related to the project. C. In order to obtain reimbursement, the GRANT RECIPIENT shall submit, quarterly, a current invoice voucher on a form provided by the DEPARTMENT, which identifies the costs incurred for work performed since the previou3 voucher was submitted. Documentation of expenses is not required with each invoice, but must be available upon request. D. Within twenty(20) days after receiving and approving the voucher, the DEPARTMENT shall remit to the GRANT RECIPIENT a warrant covering the DEPARTMENT'S share of the costs incurred for work performed, unless the claim is challenged by the DEPARTMENT. E. The final invoice voucher covering costs incurred for work performed on or before June 30, 2006, must be submitted by the GRANT RECIPIENT prior to July 7, 2006 to allow the DEPARTMENT sufficient time to process it. Payment of the final voucher shall be contingent upon the DEPARTMENT'S receipt and approval of any products or deliverables designated in Attachment "A". ' SECTION 7 - REPORTS A. The GRANT RECIPIENT shall submit a brief quarterly progress report on a form approved by the DEPARTMENT, which describes the progress made on the work program outlined in Attachment "A". Progress reports will be submitted on a quarterly calendar cycle The quarterly progress report or outcome report shall also provide detail on the dedicated matching funds. B. The GRANT RECIPIENT shall furnish, along with or prior to submitting the final invoice voucher, two copies of each final product designated in Attachment"A". SECTION 8 - CONTRACT AMENDMENTS A. The DEPARTMENT or the GRANT RECIPIENT may request changes to the CONTRACT or its provisions , It is agreed and understood that no material or substantive alteration or variation of the terms of this CONTRACT shall be valid unless made in writing and signed by both parties Any oral understanding or agreements shall not be binding unless made in writing and signed by both parties. ' B. CONTRACT amendments shall not be made which result in an extension of the CONTRACT period beyond June 30, 2006. 3 of 9 1 CONTRACT NO S06-76105-853 ' SECTION 9 - USE OF SUBCONTRACTS 1 The GRANT RECIP[ENT may enter into subcontracts for any of the work contemplated under this CONTRACT without obtaining prior written approval of the DEPARTMENT The GRANT RECIPIENT shall follow local policies regarding procurement, or in absence of local policies, shall use a competitive procurement process. Each CONTRACT that the GRANT RECIPIENT enters into with subcontractors, creditors and others shall ' contain a clause providing notice that the state and the DEPARTMENT are not responsible for any legal obligation, financial or otherwise, incurred by the GRANT RECIPIENT ' The DEPARTMENT reserves the right to monitor the subcontractor selection process and contractual documents either during or following the selection process The GRANT RECIPIENT is responsible for the performance of any subcontractors. The GRANT RECIPIENT shall require all subcontractors to follow the same rules and regulations as described in this document. All subcontractors must be monitored by the GRANT RECIPIENT to ensure fiscal accountability SECTION 10 -RECAPTURE PROVISIONS ' In the event that the GRANT RECIPIENT expends funds under this CONTRACT in violation of 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 nght of recapture shall exist for a period not to exceed six (6) years following CONTRACT termination. ' Repayment by the GRANT RECIPIENT 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 and prevails, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. SECTION 11 -DOCUMENTATION. MONITORING AND AUDIT 1 During the CONTRACT period and following its termination, the GRANT RECIPIENT shall follow accounting procedures and shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all project specific costs expended in the performance of this CONTRACT. The Office of the State Auditor or any persons duly authorized by the DEPARTMENT shall have full access to and the right to inspect, excerpt, audit, or exanine any of these materials at all reasonable times for a period of six (6) years after termination of the CONTRACT. ' The DEPARTMENT may require a copy of the GRANT RECIPIENT'S most recent audit and management letter The DEPARTMENT may require the GRANT RECIPIENT to obtain an audit for specific expenditures under this CONTRACT. Gusts of a required audit are an allowable expense. i 4of9 CONTRACT NO. S06-76105-853 , SECTION 12 -ACKNOWLEDGMENT OF STATE FUNDING The GRANT RECIPIENT shall provide all project-related press releases to the DEPARTMENT. Press releases shall identify the DEPARTMENT as a project financier. Publications such as reports and pamphlets which are developed totally or in part with funds provided under this CONTRACT shall give credit to the funding source by including the following: "Funds made available through the Washington State Department of Community, Trade and Economic Development." SECTION 13 - NONDISCRIMINATION CLAUSE , During the performance of this CONTRACT, the GRANT RECIPIENT shall comply with all federal and state ' nondiscrimination laws, including but not limited to, chapter 49 60 RCW, Washington's Law Against Discrimination, and 42 U.S.0 12101 et seq , the Americans with Disabilities Act (ADA). In the event of the GRANT RECIPIENT'S noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this CONTRACT may be rescinded, canceled, or terminated in whole or in part, and the GRANT RECIPIENT may be declared ineligible for further CONTRACTS with the DEPARTMENT. The GRANT RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance Any dispute may be resolved in accordance with Section 21. SECTION 14 - TER?AINATION OF CONTRACT A. If the GRANT RECIPIENT fails to fulfill its obligations under this CONTRACT, the DEPARTMENT may terminate the CONTRACT upon written notice to the GRANT RECIPIENT specifying the reason for termination. The termination date shall be specified in the notice of termination. The DEPARTMENT may, in its sole discretion, provide notice to the GRANT RECIPIENT that termination will occur unless the GRANT RECIPIENT corrects the violation within a specified number of days. B. Notwithstanding any other 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 GRANT RECIPIENT work performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. D. In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this CONTRACT and prior to normal completion, the DEPARTMENT may unilaterally reduce the scope of work and budget or terminate this CONTRACT. ' SECTION 15 - GRANT RECIPIENT NOT EMPLOYEE OF DEPARTMENT The GRANT RECIPIENT, its employees, or agents performing under this CONTRACT are not deemed to be ' employees of the DEPARTMENT or agents of the DEPARTMENT in any manner whatsoever. The GRANT RECIPIENT will not hold itself out as or claim to be an officer or employee of the DEPARTMENT or of the state of Washington and will not 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 5 of 9 CONTRACT NO. S06-76105-853 SECTION 16 - TRMv'ELAND SUBSISTENCE REIMBURSEMENT ' Travel and subsistence reimbursement shall be made in accordance with the guidelines followed by the GRANT RECIPIENT in the course of normal operations. In the absence of local provisions, per diem rates and travel ' allowances shall be paid in accordance with rates set for state employees pursuant to RCW 43.03 050 and RCW 43 03 060 as now existing or hereafter amended. SECTION 17 - OWNERSHIP OF PROJECT MATERIALS All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films, duplicating ' plates, computer disk s and reports prepared by the GRANT RECIPIENT under this CONTRACT shall be works for hire under U.S copyright law The DEPARTMENT may duplicate, use, and disclose in any manner and for any purpose whatsoever, all materials prepared under this CONTRACT. The GRANT RECIP[ENT must have prior approval of the DEPARTMENT to produce patents, copyrights, patent rights, inventions, original books, manuals, films, or other patentable or copynghtable materials, in whole or in part with funds received under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection o-inventions of discovery shall be disposed of and administered in order to protect the public interest Before the GRANT RECIPIENT copyrights any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement. SECTION 18 -APPLICABLE LAWS AND REGULATIONS The GRANT RECIP[ENT shall comply with all existing applicable laws, ordinances, codes, regulations and ' policies of local, state, and federal governments, as now or hereafter amended. SECTION 19 - SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this CONTRACT or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall ' not constitute a waiver of any obligation or right under this CONTRACT SECTION 20 -HOLD HARMLESS ' The GRANT RECIPIENT agrees to defend, hold harmless, and indemnify the state of Washington and the DEPARTMENT, their officers, agents, employees, and assigns against any and all damages or claims for damages resulting or allegedly resulting from the GRANT RECIPIENT'S performance or lack of performance under the terms of thi s CONTRACT. SECTION 21 - DISPUTE RESOLUTION Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute The team shall consist of a representative appointed ' by the DEPARTMENT, a representative appointed by the GRANT RECIPIENT, and a third party mutually agreed upon by both 3arties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute pros-Iss shall precede any action in a judicial or quasi-judicial tribunal. 6 of 9 CONTRACT NO. S06-76105-853 SECTION 22 - GOV ERNING LAW AND VENUE , The CONTRACT shall be construed and enforced in accordance with, and the laws of the state of Washington , hereof shall govern tie validity and performance. Venue of any suit between the parties arising out of this CONTRACT shall be the superior court of Thurston County, Washington , SECTION 23 - SEVI:RABILITY 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 w ithout the invalid term, condition, or application. To this end, the terms and conditions of this CONTRACT are declared severable. SECTION 24 - ENT[RE AGREEMENT This CONTRACT, including referenced exhibits, represents all the terms and conditions agreed upon by the ' parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. The attachments to this agreement are as follows: ATTACHMENT A: Workplan, consisting of I page; and ATTACHMENT B: Budget, consisting of 1 page. 7 of ' CONTRACT NO. 506-76105-853 ATTACHMENT A: WORKPLAN GRANT RECIPIEN`C: City of Kent ' Summary The City of Kent and the Kent Chamber of Commerce will conduct a market analysis and create a business plan for a transitional manufacturing economic plan and Center for Advanced Manufacturing in South King and East Pierce Counties. Activities• • Prepare and release a RFP. • Select and hire a contractors to: • Complete a market analysis, to show which manufacturing sub sector or core competencies (such as product development) the Center will focus on and determine what product area manufacturers would like the Center ' to offer such as• • A technology transfer to marketplace applications by facilitating partnerships between businesses and researchers from public universities and private laboratories. • A clearinghouse for best practices information and research, plus public access research library and librarian support services • A training, curriculum and courses to develop skilled workers with a focus on quality, efficiency, and process and productivity practices, plus assistance with implementation, workforce development and business development. ' • Prepare business plan to include. • Services and products the Center will provide and the needs it will fill. • Potential customers for the Center's products and services and why will they purchase the products ' as services. • How the Center will reach its potential customers. • The financial resources needed to launch and sustain the Center ' Products to be submitted by July 7, 2006: (An electronic copy is preferred using MS Office. If an electronic version is not available, please submit two copies of each product.) ' • Market analysis • Business plan 1 8 of 9 CONTRACT NO. S06-76105-853 , ATTACHMENT B: BUDGET ' The budget shall consist of the following elements: 1. Category of CTED Expenditure: , Amount a. Personnel $0 b. Personal Services 215,000 , c. Pro ect Related Expenses 0 d. Travel 0 e Other 0 , TOTAL $215,000 2. Budget Summarti. ' State Funds Federal Funds Total CTED Funds (FY 06 only) $215,000 $0 $215,000 Local Matching Resources 0 0 0 Other Stabs Funds 0 0 0 ' Other Federal Funds 0 350,000 350,000 TOTAL BUDGET $215,000 $350,000 $565,000 , 3. Budget Summarti For CONTRACTS over $30,000 the total amount of transfers of funds between line item budget categories shall not exceed ten (10) percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANT RECIPIENT and the DEPARTMENT. ' For CONTRACTS under$30,000 the total amount of transfers of funds between line item budget categories shall not exceed twenty(20) percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed twenty percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANT RECIPIENT and the DEPARTMENT. A sum of ten (10) percent of funds shall be withheld until all tasks, activities, and final products defined in Attachment "A" have been successfully completed by the GRANT RECIPIENT and accepted fully by the DEPARTMENT. , 9of9 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: SUB-GRANTEE CONTRACT WITH THE KENT CHAMBER OF COMMERCE FOR THE CENTER FOR ADVANCED MANUFACTURING — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a sub-grantee agreement with the Kent Chamber of Commerce, subject to final language acceptable to the City ' Attorney, to study the feasibility of and create a business plan for the Center for Advanced Manufacturing Creating a Center for Advanced Manufacturing was a key recommendation that came out of the City and Kent Chamber's Economic Development Strategic Planning Process in 2002-2003 The City applied for and received a $350,000 grant from the Federal Economic Development Administration (EDA) with the intent that the Kent Chamber would carry out the grant proposal through a sub-grantee agreement. The City received additional matching funds ($215,000) from the State of Washington 2005 legislative session. Finally, Council approved up to $50,000 in matching funds as part of the project in the 2004 budget The Kent Chamber has secured additional grant dollars from the Port of Seattle ($25,000) and through private fundraising. ' 3. EXHIBITS: Proposed Sub-grantee agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT — Expenditure? Revenue? 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. 60 OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 K E N T W a S H I N G T O u Address 220 Fourth Avenue S Kent,WA 98032-5895 September 20, 2005 TO: Kent City Council Operations Committee FROM: Nathan Torgelson, Economic Development Manager THROUGH: Mayor Jim White SUBJECT: Subgrantee agreement between the City of Kent and the Kent Chamber of Commerce for the Center for Advanced Manufacturing MOTION: Move to recommend that the Mayor sign a subgrantee agreement with the Kent Chamber of Commerce, subject to final language acceptable to the City Attorney, to study the feasibility of and create a business plan for the Center for Advanced Manufacturing. SUMMARY: Creating a Center for Advanced Manufacturing was a key recommendation that came out of the City of Kent and Kent Chamber's Economic Development Strategic Planning Process in 2002-2003. The City applied for and received a S350,000 grant from the Federal Economic Development Administration (EDA) with the intent that the Kent Chamber would carry out the grant proposal through a subgrantee agreement. The City received additional matching funds ($215,000) from the State of Washington 2005 legislative session. Finally, the City Council approved up to $50,000 in matching funds as part of the project as part of the 2004 budget. EXHIBITS: Proposed Subgrantee agreement between the City of Kent and the Kent Chamber of Commerce for up to $615,000 BUDGET IMPACT: None; funds will be accepted by grant ($565,000) and were authorized as part of 2004 CIP budget($50,000) I look forward to talking with you about this contract on September 20th. Please call Nathan Torgelson at(253) 856-5703 if you have any questions. t KENT SUB-GRANTEE AGREEMENT between the City of Kent and the Kent Chamber of Commerce THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and the Kent Chamber of Commerce, a Washington non- profit corporation (hereinafter the "Kent Chamber"). RECITALS 1. The City of Kent's Economic Development Strategic Plan 2003-2008 calls for creation of a Center for Advanced Manufacturing ("CAM") as a priority action strategy. Over 67,000 people are employed in manufacturing in South King County alone. 1 2. This recommendation for a CAM for area manufacturers is part of the Kent Chamber of Commerce's Economic Development Strategic Planning Process, which occurred from 2002-2003 3. Since 2003, the shared vision of the City and Kent Chamber has been to work together to establish a center that may include (a) a research institution to transfer technology to commercial application, (b) a clearinghouse of research information staffed by a research librarian, and(c) an educational component to develop a skilled workforce. 4. Kent area manufacturers see the need for such a center as essential to compete in the global marketplace Historically, many small and medium sized Kent area manufactures have not had the resources to invest directly in innovation, research, and development. 5. On January 13, 2005, the City accepted a $350,000 grant known as Award No. 7 ("EDA Grant") from the Economic Development Administration of the United States Department of Commerce ("EDA") for planning the establishment and operation of a regional center for advanced manufacturing. Each federal dollar spent on this grant must be matched by a non-federat dollar. 6. The City also received a $215,000 grant from the State of Washington through the 2005 legislative session for planning the establishment and operation of a CAM. 7. The City of Kent, as part of its 2004 budget, allocated $50,000 for the planning and establishment of a CAM, provided, that the $50,000 be matched on a one-to-one basis with private dollars raised by the Kent Chamber for the CAM. 8. The City believes the use of the Kent Chamber's capabilities, knowledge, and services as a sub-recipient of the EDA Grant, the State of Washington grant, and City money would be the best means of managing this project as defined by this Agreement. SUB-GRANTEE AGREEMENT- I NOW, THERFORE, in consideration of these recitals and the parties mutual obligations expressed in this Agreement, the City and the Kent Chamber agree as follows AGREEMENT I. DESCRIPTION OF WORK. Under this Agreement, the Kent Chamber is an EDA and State of Washington grant sub-recipient and shall comply with all terms and conditions of the EDA Grant and the State of Washington grant in the performance of all work contemplated or required under this Agreement Accordingly, the terms and conditions of this Agreement incorporate the rules pertinent to a non-profit corporation rather than a government. Those rules are the applicable federal regulations and U S Office of Management and Budget ("OMB") Circulars, including administrative requirements (15 CFR pt. 14) and cost principles (OMB Circular A-122), and audit requirements (OMB Circular A-133), all of which are incorporated by this reference 1 A. Scope Kent Chamber shall perform the following services for the City in accordance with the following described plans and/or specifications The Kent Chamber further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices to effect at the time those services are performed. The Kent Chamber may perform these responsibilities itself or, to the extent allowed by the granting agency's rules, subcontract with agencies or consultants: 1. Draft and finalize the scope of any consultant contract(s) and act as project manager for consultants' work. 2. Provide organizational, staff support, and facilitation for the CAM Advisory Board and with other local stakeholders 3. Develop a feasibility analysis and, if determined appropriate, a long-term market-predictive regional industry focus and vision report and a business plan for the CAM. This report shall, at a minimum, include the following elements. a. A plan to achieve higher-skill, higher-wage jobs; b An identification of which manufacturing sub-sector, or core competencies (such as product development), and,or clusters, have the highest probability of success in a 10 to 15 year long run plan, c A determination as to what products andor services area manufacturers would like the CAM to offer, such as. • Technology transfer to marketplace applications by facilitating partnerships between businesses and researchers from public universities and private labs • Clearinghouse capability to locate best practices information, dissemination of national research, SUB-GRANTEE AGREEMENT-2 public access research library—online and searchable, and librarian support services to national audience. • Training, curriculum, and courses to develop a skilled workforce, with a focus on quality efficiency practices. The CAM could provide educational resources to teach manufacturing process improvement practices, such as strategy development, implementation assistance, productivity improvement, workforce and organizational development, and business process improvement to create successful organizations. d. Identify and develop performance measures, such as the following• • Number of patents generated. i • Number of new products commercialized. • Number of manufacturers that benefit from 1 available research and training. • Job retention and/or creation data (skill levels required by emerging labor market and appearance of higher-paying jobs). B. Reportin The Kent Chamber shall provide the City,with monthly update reports to account for the progress, status, and financial aspects of the project The Kent Chamber shall also consult monthly with the City on costs, expenses, direction, changes, and project prosecution. The Kent Chamber shall further provide written progress reports to the City according to the following schedule • September 30, 2005 (Federal requirement) • December 31, 2005 (State requirement) ` • January 31, 2006 (Federal Requirement) • March 30, 2006 (State requirement) • June 30, 2006 (State requirement; final state report) • July 31, 2006 (Federal requirement) • January 31, 2007 (Federal requirement) • July 31, 2007 (Federal requirement) • January 31, 2008 (Federal requirement, final Federal report) • A final report shall be provided to the City upon Kent Chamber's completion of the project, including the results of the consultants' work II. GRANT COMMUNICATIONS. The City, not Kent Chamber, will communicate with the EDA on all matters of grant and project management, including explanation of terms and conditions and requests for draw and disbursement of grant funds. SUB-GRANTEE AGREEMENT-3 III. TIME OF PERFORMANCE AND COMPLETION. The parties agree that work will begin on the tasks described in Section I above, entitled "Description of Work," immediately upon the effective date of this Agreement and shall be complete by December 31, 2007 A time extension request may be considered, provided, however, the City reserves the right to determine whether or not to extend the time for performance IV. COMPENSATION AND PAYMENT QUALIFICATION. A The City shall pay the Kent Chamber, project related costs, based on time, materials, and other expenses, an amount not to exceed $6t5,000 for the services described in this Agreement Other expenses shall include but are not limited to the following examples. travel, mileage, meals, marketing, advertising, telephone, and communications costs, subscriptions 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 B. The City shall pay the Kent Chamber an initial payment of 10 percent ($61,500) of the maximum contracted amount ($615,000) within 30 days of the effective date of this Agreement C. The Kent Chamber shall submit bi-weekly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The Chamber must demonstrate from which fund source it is requesting money (Federal, State, or City) and must provide all matching requirements The City shall pay invoices upon receipt D The Kent Chamber shall compile and maintain a detailed record of activities performed, time records, and expenses. The Kent Chamber shall further comply with federal rules for procurement of supplies and services and shall have an accounting of the procurement technique as part of the information in the detailed record of expenses. The Kent Chamber shall at all times have those records available for review by the City The City shall reserve the right to determine whether a payment invoice is acceptable and, as appropriate, disburse grant funds to the Kent Chamber to the degree possible within 15 days of its receipt of the invoice The City reserves the right to decline disbursement if payment invoices, periodic reports, and/or financial reports that the City determines are overdue or incorrect If the City objects to all or any portion of an invoice, it shall notify the Kent Chamber 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 within 15 days V. AMENDMENTS TO CONTRACT. The City, may, from time to time, need to change the EDA award budget. Such changes that may cause an increase or decrease in the amount of the Kent Chamber's compensation shall be valid and effective upon mutual agreement SUB-GRANTEE AGREEMENT-4 between the City and the Kent Chamber, and shall be memorialized by a written and mutually executed amendment to this Agreement. V1. AUDIT AND ACCOUNTING RECORDS. The Kent Chamber shall maintain detailed administrative and fiscal records The Kent Chamber shall comply with all applicable federal and state recordkeeping rules, including, without limitation, 15 CFR pt 14. The Kent Chamber shall allow the City to inspect its premises, books, accounting documents, payrolls, and all other records for the purpose of auditing, monitoring, and/or evaluating the Kent Chamber's activities under this Agreement at any time during normal business hours, upon giving reasonable written notice, delivered personally, or by mail, telefacsimile, or email The Kent Chamber shall maintain records and receipts for the time periods required by the various funding agencies but in any case not less than a period of three (3) years after submission of the Final Grant Report, the date of which shall be reported to the Kent Chamber by the City During this period, City representatives or authorized agents shall have access to all of the Kent Chamber's records and documents connected with or relating to the work to be performed under this Agreement. The Kent Chamber, absent any other receipt of federal funds, is not subject to the Single Audit Act but should at all times keep its records and activities in auditable condition. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Kent Chamber, its subcontractors, or any person acting on behalf of the Kent Chamber, 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 Kent Chamber 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. Vill. INDEPENDENT CONTRACTOR. The Kent Chamber is an independent contractor and shall not be deemed an agent of the City. In its capacity of independent contractor, the Kent Chamber agrees and represents, and the City agrees as follows: The Kent Chamber has the sole right to control and direct the means, manner, and method by which the services required under this Agreement will be performed Any provision of this Agreement that may appear to give the City the right to direct the work of the Kent Chamber as to the details of doing the work, or to exercise a measure of control over the work, means that the Kent Chamber shall follow the wishes of the City as to the results of the work only The Kent Chamber has the right to perform the services required by this Agreement at any place or location and at such times as the Kent Chamber may determine. The City may, however, caution the Kent Chamber and require change if there has been or could be a violation of federal rules and regulations pertinent to the project. The City is not obligated to provide any insurance of any kind for the Kent Chamber. IX. 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. 1 1 SUB-GRANTEE AGREEMENT-5 X. INDEMNIFICATION AND HOLD HARMLESS. The Kent Chamber shall defend, indemnify, protect and hold the City and its agents, officers, employees and volunteers harmless from and against any an all assertions of liability established for damages or injuries to any person or property, including injury to the Kent Chamber's employees, agents, or officers, which arise from or are connected with or accused by or claimed to be caused by the acts of omission of the Kent Chamber and its employees, agents, or officers in performing the work or services herein, and all expenses of investigation and defending against same, provided, however, that the Kent Chamber's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, employees, officers and employees The provisions of this section shall survive the expiration or termination of this i Agreement. XI. INSURANCE. The Kent Chamber shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference XH. OWNERSHIP AND USE OF RECORDS, DOCUMENTS, and EQUIPMENT. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become joint property of the City and the Kent Chamber Ownership of any equipment, supplies, and/or services purchased by the Kent Chamber with the EDA Grant funds shall be divided as mutually agreed upon between the Kent Chamber and the City. All records submitted by the City to the Kent Chamber will be safeguarded by the Kent Chamber. The Kent Chamber shall make such data, documents, and files available to the City upon the City's request After termination, the Kent Chamber will deliver, for the City's ownership and possession, an original set of designs and data and, upon request, copies of records and files pertaining to this project. This information may be used by the City and the Kent Chamber with the following restriction since this is a joint vision and project of the City and the Kent Chamber, neither party may act upon the project findings without the expressed consent of the other party. If the use of the designs, data, records, or files is not related to this project, it shall be without liability or legal exposure to either the City or to the Kent Chamber XHL POLITICAL AFFAIRS OR ACTIVITIES. The Kent Chamber shall not use funds received as a result of this Agreement, pay personnel from these funds, or pay for materials and/or services from these funds, to advocate or support any particular position(s) on any matter that is being proposed by a vote of the people or to support or oppose the election of any candidate for political office Neither will the Kent Chamber use funds received as a result of this Agreement to pay personnel from these funds, or pay for materials and/or services from these funds to influence an officer or employee of any legislative body or an elected official or an employee of any governmental agency in the awarding of any contract, loan, cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any contract, grant, loan, or cooperative agreement, provided, however, the Kent Chamber may communicate with the City for the purpose of reporting on the pace of project execution and necessity for extension, amendment, or modification of this Agreement. The Kent Chamber will disclose any SUB-GRANTEE AGREEMENT-6 funding from other sources that has been paid or will be paid to any persono s for influencing or attempting to influence an elected official or a public agency by completing, signing, and submitting federal standard Form "LLL `Disclosure form to Report Lobbying' ", to accordance with the instructions on that form. XIV. WORK PERFORMED AT KENT CHAMBER'S RISK. The Kent Chamber 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 j necessary for that purpose All work shall be done at the Kent Chamber's own risk, and the Kent Chamber 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. XV. 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 to 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 X 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. Asswriment. This Agreement is not assignable by either party. SUB-GRANTEE AGREEMENT-7 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 the Kent Chamber. 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 and all attachment(s) and/or Exhibit(s) 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 Kent Chamber agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Kent Chamber's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations This shall include but not be limited to federal contractual and/or procurement procedures. I. Severability. If any provision in this Agreement is held by a count of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. KENT CHAMBER: CITY OF KENT: By: By: (signature) (signature) Print Name- Print Name. Jim White Its Its Mayor (Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: KENT CHAMBER: CITY OF KENT: Marcelle Pechler, Executive Director Nathan Torgelson Kent Chamber City of Kent 524 W Meeker Street, #H-1 220 Fourth Avenue South Kent, WA 98035-0128 Kent, WA 98032 (253) 854-1770 (telephone) (253) 856-5703 (telephone) 253) 854-8657 (facsimile) 1 (253) 856-6700 (facsimile) i SUB-GRANTEE AGREEMENT-9 APPROVED AS TO FORM: I Kent Law Department V1[in11f1U5`LW*I�MWI1631YSYAeNrval3Kd.< i SUB-GRANTEE AGREEMENT-9 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 luring 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 day of 200_. By. For. Title: Date: EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 12 EFFECTIVE DATE- January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES- April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: IEqual 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 t CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 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 INSURANCE REQUIREMENTS Insurance The Kent Chamber shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Kent Chamber, its agents, representatives, employees or subcontractors Minimum Scope of Insurance The Kent Chamber shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 0 t or a substitute form providing equivalent liability coverage. if necessary, the policy shall be endorsed to provide contractual liability coverage 2. Commercial General Liability insurance shall be written on [SO occurrence form CG 00 0 t 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 Kent Chamber's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance The Kent Chamber shall maintain the following insurance limits: 1. Automobile Liability insurance with a mini mum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit 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 Kent Chamber'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 Kent Chamber's insurance and shall not contribute with it. 2. The Kent Chamber'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. EXHIBIT A INSLRANCE REQUIREMENTS- 1 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 Kent Chamber 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 Kent Chamber'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 ANIL E. Verification of Coverage The Kent Chamber 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 Kent Chamber before commencement of the work. F. Subcontractors The Kent Chamber 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 Kent Chamber. i I i EXHIBIT A INSURANCE REQUIREMENTS-2 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: KING COUNTY PERFORMANCE NETWORK GRANT FOR 2005 PERFORMANCES —ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the 2005 King County Performance Network grant of$6,800 00 from King County to fund 2005 performances, and authorize the expenditure of funds in the Kent Arts Commission's budget. Cultural Development Authority of King County (4Culture) has awarded the Kent Arts Commission $61800.00 in funding to offset expenses of presenting two "site specific" performances, as part of the 2005 King County Performance Network The Kent Arts Commission presented a participatory theater piece by Theater Simple at Canterbury Arts Festival in August and hosted a dance and film installation by Megan Murphy in First Avenue Plaza on September 23. Kent Arts Commission provides $2,500 matching funds for the performances out of the Commission's General Fund budget. 3. EXHIBITS: King County agreement 9105321A 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure" X Revenue? x Currently in the Budget? Yes No X If no• Unbudgeted Expense: Fund 10006222.64190 4310 Amount $6,800.00 Unbudgeted Revenue Fund 10006222 53705 4310 Amount $6,800 00 6. CITY COUNCIL ACTION: Councilmeinber moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda 1 Item No 6P 1 Agreement No. 105321A Contractor's Federal Taxpayer ID No. i Contractor City of Kent Arts Commission Project Title 2005 King County Performance Network Contract Amount $ 6,800 00 Fund Source- CP— KC Performance Network Contract Period From. 06/01/05 To: 12/31/05 AGENCY SERVICES CONTRACT 2005 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 506 Second Avenue, Ste 200, Seattle, WA 98104-2307 and telephone number is (206)296-7580 and the City of Kent Ails Commission (the "Contractor"), whose address is 220 4th Ave S, Kent, WA 98032-5895 and telephone number is (253) 856-5050 Contractor is an art, cultural j or historical organization or specialist qualified to receive funds pursuant to King County Code Sections �j 2 48 and 4 42 and RCW 67 28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2005-07. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistent with those defined in RCW 67 28.180 ("Public Benefit Services"), 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35 21.730, et sec RCW 35 21 750 provides as follows. "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclus+vely from the assets and properties of such public corporation, commission or authonty and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows AG SVC 05 Page I of 7 1. SCOPE OF SERVICES A The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference. ® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A Project Proposal and Budget Attached hereto as Exhibit B ® Insurance Requirements Attached hereto asExhlbit C ❑ Personnel Inventory (K C.0 12.16.060A)( In combination with Attached hereto as Exhibit D other agreements, in excess of$25,000 in a calendar year ❑ Affidavit and Certificate of Compliance (K C C 12.16 060B) Attached hereto as Exhibit E for A reements in excess of$25,000 ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12 16 060D) [ORGANIZATIONS ONLY I B Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and/or the Specific Scope of Services attached Any amendment or modification to the Project Proposal and B,Aget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the "Project'. C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D. Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo in all marketing and promotional materials during the period this contract is in force: i Approved logos are available for download in a variety of for at CULTURE http://www.4culture.org/partner/iogos K110 COUNTY-6JO NO IA[ E. The Contractor agrees to notify 41Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs 11. DURATION OF CONTRACT This Agreement shall commence on June 1", 2005 and shall terminate on December 31st 2005, This Agreement, however, may be terminated earlier as provided in Section IV hereof. 111. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures Incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $6,800.00, AG SVC 05 Page 2 of 7 B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule 4Culture will initiate authorization for payment after approval of corrected invoices and reports 4Culture shall make payment to the Agency not more than 60 days after the appropriate invoice is received. D_ Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E Accompanying the final invoice for the project, the Contractor shall also submit: i1. A project evaluation report upon the form provided by 4Culture 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs Photos shall have credits, caption information, and permission to publish. 1 F If the Contractor fads to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed This right is in addition to and not in lieu of 4Culture's rigN to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in equity ■ IV. TERMINATION OF AGREEMENT 1 A. If, through any cause, the Contractor shall fait to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law tAG SVC 05 Page 3 of VI. AUDITS AND EVALUATIONS A The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or article shall be the sole property of Contractor Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement Vlll. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement IX. HOLD HARMLESS AND INDEMNIFICATION A In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement Neither the Contractor nor its officers, agents or employees are employees of 4Culture for any purpose_ The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. The Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor AG SVC 05 Page 4 of 7 B To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole negligence If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4 24 225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For the purpose, the Contractor, by mutual negotiation, hereby waives, as respects 4Culture only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW In the event 4Culture incurs any judgment, award and/or cost arising there from including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor Claims shall include, but are not limited to, assertions that the use or transfer of any software, 1 book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to XI. CONFLICT OF INTEREST Chapter 42 23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly i or indirectly, in this contract The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision AG SVC 05 Page 5 of 7 Xi1. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to Title VI of the Civil Rights Act of 1964, chapter 49.60 RCW (the Washington state law against discrimination), K C C. chapter 12 16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors, K C C chapter 12 17 prohibiting discrimination in contracting, K C C chapter 12.18 requiring fair employment practices; K C.C. chapter and 12 22 prohibiting discrimination in places of public accommodation The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estumtes or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement The Contractor shall make such documents available to 4Culture for inspection and copying upon request. Xlll. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party XIV.GENERAt_ PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this Agreement XV. ATTORNEYS' FEES EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement Costs and expenses include 4Culture's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services Contractor also shall pay all court costs and such additional fees as may be directed by the court AG SVC 05 Page 6 of XVI. SURVIVAL The terms and conditions of Sections 111, V, VI,VII, VIII, IX, XI, X11, X111, X1V and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4Culture: CONTRACTOR: 4Culture-CDA Executive Director Signature Date Name (Please type or print) Title (Please type or print) Date i 1 1 i AG SVC 05 Page 7 of 7 EXHIBIT A SCOPE OF SERVICE Citv of Kent Arts Commission (Kent) and 4Culture mutually agree that the following services be provided in accordance with in accordance with Kent's participation in the King County Performance Network and the artist applications submitted to and approved by 4Culture Amount: $6,800 4VO(��'; Partial support for- Sponsorship and co-presentation of tlwae events as part of the 2005 King County Site Specific Performance Network Kent will sponsor tlitee-performances between August 1 and November 30, 2005 in collaboration with 4Cutture's county-wide Performance Network. Kent will provide administrative support, publicity and facilitation for the following two artist performances. Funds dispersed under the terms of this agreement will provide for artist fees according to the following fee/artist schedule and artist liability costs as needed. Kent agrees to provide$2,500 in matching funds for artist fees and project expenses, Artist Fees & Insurance Costs Total Fee and Expenses Not to Exceed Expenses Megan Murphy 55.550 $1,000 $6,550 Theatre Simple $2,750 Provided by artist $2,750 Total Artist Fees $8.300 51,000 $9,300 Project Funding 4Culture Contract Maximum $6,800 Kent matching funds $2,500 PAYMENT SCHEDULE Due and payable upon finalized schedule, artist agreements, affidavit of insurance costs, and submission of signed invoice. PUBLIC BENEFIT Performances will be open, accessible, publicized to the community and provided free of charge. PUBLICITY/PROMOTION POLICY r Prominent ackmo`Aledgnnent of 4Culture King County Performance Network is required of all recipients for use in all publicity and pi onnotronal materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, flyers and advertisements. Please contact your Project Coordinator for an electronic logo file Exhibit B C U lTU RE KiNG COUNTY PERFORMANCE NETWORK w +. ii +f ,pPn.'01AA 2005 Artist Application 4Culture 2;r ;.961�3j r ! 01 "A' vunio' unle 't.J a lP. vz.L.}FJ tlfi- J 1J3 -'09 B'y4 r +hVW 4culluie of Uoadline: Applications must be received in the office by 4:30 p.m. on: Nov 1, 2004 Monday, November 1, 2004 or postmarked by November 1, 2004. INSTRUCTIONS Read the King County Performance Network guidelines before filling out this form • Submit one onginal plus 5 copies of the application and artist resume DO NOT STAPLE,do three hole punch,including original • Submit only one set of required work sample and optional support materials t Applicant Artist/Ensemble/Organization Name theater simple Contact Name Mr x❑ Ms ❑ Title co-founder/artistic instigator First Name Andrew Last Name Litzky Address 109 N 58"' St City.Seattle Zip.98103 Area Code 206 Phone 784 8647 e-mad Andrew@theatersimple org Area Code Fax. http I/www theatersimple org County Council District Number:4 THIS IS REQURED INFORMATION calf King Co.Records and Elections at(206)296-1581 to verify your Council District or visit hilp fhvww metrokc gov/mkocidistmap him 2. Projoct Concept Please attach a one-page description of youridea(s) fora site-specific production Additional factors will come into play further into the process, such as technical requirements, site availability, etc But for the purpose of this application,please just descnbe your ideals) ` I Piolact Requirements: If your proposal has special requirements (which might include technical needs, venue restrictions, or the need to be paired with a specific suburban community, please explain within your attached one-page project concept} 4 Application Checklist:: ❑ Signed application (1 original and 5 copies) ❑ Artist Resume, to include your work in the proposed discipline as well as history of collaborative and site-specific projects as relevant(1 original and 5 copies) ❑ Work Sample, a high quality video sample is strongly encouraged, but work sample may be submitted in a variety of formats (1 copy) Please include a separate page detailing title, date, description, all participating artist(s) and applicant involvement in selected sample(s) ❑ Support Materials, to include articles, reviews, sample publicity materials, etc (1 COD A Apiillaant Signature Signature Date: ■ theater simple 2005 King County Performance Network Application Trailer Life: The Airstream Project (workmIg titte) Proposed by theater simple & Andrew Litzky The Idea At its most simple,'Trailer Life:The Airstream Project is a portable, theatrical experience(created by theater simple's professional artists and local community actors) that has action taking place both in and around a vintage Airstream trailer. A series of four simultaneous 10-11unute vignettes will allow audience members to cycle through a 40-50 minute theatrical story. Audiences,In groups of six to twelve, will start at one of four Airstream trailer environments (i.e.: in the kitchen with Mom;hitclun' up with Dad;a back door forbidden teenage romance; etc) and closely witness the very human story of one farruly's 'trailer life' . The Location The trailer and its environs can be set up in nearly any location, and being at its root'portable', the trailer and performance can easily move from one King County community to another, while retaining a non-traditional, site-specific nature. Locations could include an actual trailer park, a shopping mall parking lot, outside one of the community's existing performance or community venues, or in a King County Park The Process&the Community Trailer Life:The Airstream Project would be flexible in its story to allow for the incorporation of up to a dozen cominiuuty actors (high school drama students for instance) and their stories. Over the course of the performance week theater simple, with the assistance of the corrunuruty, would install Trailer Life:The Airstream Project in one of the above-mentioned venues. At the same time a writer, director and actors frorn the project would work with the local participants to develop and rehearse the four ten minute plays The story,actors and performance would then be woven into the evening of theatrical 'stations'. Communities receive: One week of artist/community involvement A very public work of art A potential of 400 audience members served over two nights. The Artists theater simple has been producing imaginative and unique theater experiences since 1991. in that hme company co-founder Andrew Litzky has created'performance environments' in six different non-traditional locations providing valuable experience in turning a site-specific venue into something inherently theatrical. The company also has experience in working with conunumties and young artists, allowing all to experience the imagination and creativity of art. i Special Requirements & Fees ■ Fear not' theater stmple will provide the Airstream trailer!!! Here's what we will need Assistance with installation set-up (permits, insurance issues, security, electricity, and possibly small event tents for audience); Marketing& Publicity (we can assist) Money(yes we'd tot e to do it for free...but we can't) Pee: $3000.00 (reduced fees for nniltiple community bookings) 109 N 58'"Street Seattle, WA USA 98103-5807 ph- 206 784 8647 e info dtheatersi riple org S 7 �<< Andrew Lltzky writer,perforner,pi oducer,techrrrcal hasoit artist resumE aitttelecl theater simple with Llysa Holland-1990 (11C1produceY -selected theater simple projects Hie Grrrcrrrair Chalk Cycle by Bertolt Brecht,2003,Seattle - Parrot Fvci by Keri Healey, 2004,Australia 'Pie Big Diner by John Moe, songs by Chris Ballew,2004 Australia Kih &Cookies by Liysa Holland,2003 Seattle/Canada Notes Frora UnderVound adapted from Fyodor Dostoevsky 1992-2004 US/Canada/Australia 52 Pick Up by TJ Dawe and Rita Bozi US Premiere Seattle-2001 Hard Times a co-production with Ghostlight Theatre Adelaide,Australia 2000 TOM GRADGRIND Hruitzng for-Wolnl Dick a co-production with Ghostlight Theatre Australia 2000 AHAB Strardbeig(in Paris) US Premiere On The Boards 1999 Canada Tour 1998 STRINDBERG li2/JEAN Much Ado About Nothing Shakespeare,Adelaide Australia,1998 Regional Parks,King County 1999 Escher's Hands by Dawson Nichols US/Canada tour 1998-99 Austrahan premiere 1998 GARY The Master&Margarita US/Canada/Australian Prenueres/Tours 1997-current MASTER/YESHUA The Elephani's Clnld adapted from KipGng touring since 1996 ELEPHANT'S CHILD JUSTICE-A Brutal Comedy US Premiere 1994,Orlando 1995 Australian Prenuere 1996 DION MotherCourageand Her Cluldren a co-production with One World Theatre US/Canada 1994 VARIOUS A Midsionnrrr Night's Dream a co-production with One World Theatre US/Canada 1994 LYSANDER Beirut by Alan Bovvne,Seattle 1991 BLUE writer adapter Sb nuiberg in Parrs conceived and directed by M.Burke Walker,adapted from the writings of Strindberg The Master&Margarta adapted from Bulgakov, in collaboration with the ensemble Notes Froin Underground adapted from Fyodor Dostoevski Heart ofDardrress adapted from Joseph Conrad in collaboration with James Venturini producer co-founder&producer theater simple-a professional theater company touring internationally since 1990 Major festivals include:The Adelaide Fringe, 1996-2004 Piccolo Spoleto,Charleston,SC 1998,1999,2001,2002,2003 Bumbershoot 1995,1996,1997,1999,2001 Reed Arts Weekend 1999 The Fringe Foreign Legion, Adelaide,Australia -a hand-picked constellation of North American theater artists performing original works, 1998 and 2000 Adelaide Frmge Festival selected miscellaneous credits Techiucal Liason- theater simple Concieved,cool dinated and oversaw construction of theatrical performance venues: Brown Bag Theater,Seattle WA 1997,125 seats The Foreign Legion,Adelai de Inteuiational Fringe Festival 1998,Adelaide,South Australia Upper Space-165 seats,Lower Space-115 seats Town Hall, West Room,Seattle WA 1998-70 seats The Foreign Legion,Adelaide International Fringe Festival 2000,Adelaide,South Australia Main Space,190 seats Sand Point Naval Base, Brig,Seattle WA 2001,105 seats Berkeley Repertory Theatre 1989-90 The Speed of Darkiiesa by Steve Tesicii,dir.Tony Taccone,1990 Member-Company Too, 1989-1990 training San Francisco State University,BA,Theatre Arts 1990 Seattle Massage School, Professional Training Program, 1991-92 #Wthber of the American Massage Therapists Association Y�v theater simple Production History theater simple was founded in Seattle by Llysa Holland & Andrew Litzky. 2005 Three Viewings February-March 2005 The Big Time Apni-mayrFao 2005 Tilt Angel Summer2005 Camino Real Fall 2005 Notes from Underground school show 2004 1997 The Big Time! Justice, The Elephant's Child Parrot Fever(Or Lies I've Told in Heart of Darkness Chat Rooms) The Master and Margarita Notes from Underground 1996 2003 Justice —A Brutal Comedy Three Viiewings The Fever Notes from Underground Notes From Underground Kali & Cookies ActorlDog/Killer's Head & The Caucasian Chalk Circle Coming of Age The Elephant's Child 2002 52 Pick Up 1995 Strmdberg(in Paris) The Fever Notes form Underground Justice — A Brutal Comedy Kali & Cookies Notes From Underground Body Language 1994 i 2000 Notes From Underground Hunting For Moby Dick Mother Courage and her Children Hard Times (co-production with One World Theatre) A Midsummer Night's Dream 1999 (co-production with One World Theatre) Strindberg(in Paris)) Escher's Hands 1993 This is a Play Reflection The Snow Queen Notes From Underground 1998 1992 Escher's Hands, Notes From Underground The Master & Margarita How I Got That Story Much Ado About Nothing Broad Perspectwe(Memories & Cock Tales) 1991 Miss Julie in Paris(Sg ) Beirut theater simple has performed and produced theater in the USA, Canada, Australia and Singapore since 1990 �s�. 109 North 58 Street Seattle, WA 98103 1.206.784.8647 info@theatersimple.org _F._- 1 KING COUNTY PERFORMANCE NETWORK Project Detail Page 2 rm" Project Narrative Changes/Updates INSTRUCTIONS Please provide any updates or additional information regarding your project proposal that you wish to tell us You are not required to complete this page unless your contact information has changed or the concept or scope of your project proposal has changed significantly from the original application PROJECT CONTACT: NAME SAME-ANDREW LITZKY CHANGE OF ADDRESS/PHONE? NEW: 7356 24"' Avenue NW Seattle WA 911117 phone is same UPDATE PROJECT DETAILS THE BASICS OF THE PROJECT REMAIN THE SAME (SEE ORIGINAL APPLICATION) fWe are very eager to work with individual communities to find evocative perfortnanee envirotiments for the project,and to create, together, a very public theatrical `splash'. As many who have presented us will know,we are easy to work and deal with. We understand and appreciate the pressures that exist in the presenting arena, and we woik hard not to be part of the problem,but to be part of the solution We will have a strong guiding hand in this project,but very much look forward to ideas and input from the presenters We are intent on making this a unique experience for all Thanks, . Andrew Litzky theater simple ** Performance Definition As laid out in the project description, each installation of the Airstream Project includes several days site set-up alongside several days of work with the community actors selected for the piece, culminating in performances at the end of the week (one day of performances would entail 2-3 cycles of the 50 minute piece) Therefore Single Performance is defined as one day of performances at the end of an installation week Multiple Performance In Single Venue is defined as at least two days of performance at the end of an installation week, charged at the quoted price per day Single Performance in 3-5 Venues is defined as separate installations in 3-5 communities, and includes up to two days of performances as part of the quoted price 4 C U lTU RE KING COUNTY PERFORMANCE NETWORK eou+it t oncim5 let( 2005 Artist Application 4C ulture 206 296 7580 ',,06 Second Avenue, Suite#200/Seattle, NIA 98104-2307 206 296 8574 TrY t 4rxiriure o Doadline: Applications must be received in the office by 4:30 p.m.on: Nov 1, 2004 Monday, November 1, 2004 or postmarked by November 1,2004. g� iN 6 TRUCTiONS Read the King County Performance Network guidelines before filling out this form ! - Submit one original plus 5 copies of the application and artist resume DO NOT STAPLE,do three €1) hole punch,inducing original Submit only one set of required work sample and optional support materials t. Applicant ArtisU Ensemble/Organization Name Megan Murphy Contad Name:Mr.Q Ms Tdle- Director/Choreographer First Name: Megan Last Name: Murphy Address: City. Zip 320 22nd Ave.E. Seattle 981f2 # Area Code 206 Phone: 329-6552 e-mail glachowQmac.com Area Code: Fax httpl/ County Council District Number: 43-� 10 THIS IS REQUIRED INFORMA 17ON Call King Co.Records and Elections at(206)296-1581 6o verity your fCouncil District or visit htt Itv.M1v�v metrokc ov/mkrsldrstma him 1. Project Concept Please attach a one-page description of youridea(s)fora site-specific producton. Additional factors will come into play further into the process, such as technical requirements, site availability,etc. But for the purpose of this application,please just t describe your idea(s). 3. Project Requirements: If your proposal has special requirements(which might include technical needs, venue restnc6ons, or the need to be paired with a specific suburban community, please explain within your attached one-page project concept) t - t 4.Application Checklist:: Signed application(1 original and 5 copies) Artist Resume, to include your work in the proposed discipline as well as history of collaborative and site-specific projects as relevant(i original and 5 copies) cj'� Work Sample,a high quality video sample is strongly encouraged, but work sample may be submitted in a variety of fomnats(1 copy) Please include a separate page detailing title,date, description, all participating artist(s)and applicant involvement in rselected sample(s) Si Support Matenals, to include articles, reviews,sample publicity materials,etc.(1 co f Applicant Signature: Signature Date: ' �33 i Concept for Archives a site-specific-piece by Megan Murphy The Site The side of a building that a film can be projected onto from across the street. Preferably this is a fenced-in construction site with one side/facade of a building still intact. Alternately, a storefront on a downtown street, with movie screens icovering the windows. In front of(either of) these sites, a climbable sculpture, created with found objects: desks, chairs, big beams, large cans, tables. Or stairs leading to nowhere, as the climbing of the levels is a sort of dance. The piece starts with a young woman in a cumbersome hoop skirt climbing levels up and up slowly while projected behind her is black-and-white footage of a boy running, running, running. This footage starts in years past they are nine, ten, thirteen, and the most recent footage fourteen. This is collected footage of the two performers through the years; often running, some dancing, along with stills and paintings spliced in. The dancer has climbed her way to the top of the sculpture and is working her way down. As she nears the end, a simple small chair, the running film behind her becomes the street where we are. On film, he runs around the corner, passing by an arguing couple, and a whistling woman carrying a big pink box with a cake. The actors are in the audience supplying the dialogue (of the arguing and 1 whistling) into microphones live. The filn ends abruptly, as if the projector is burning the film; we still hear the argument, and the whistling. The Boy appears 1 live coming around the corner, the live Arguers enter, the Cake Lady appears; Boy is running until Dancer trips on the smallest chair, and the Boy gets there just in time to catch her. I ! They are still. A close-up appears on the screen of a child's drawing of the Boy turned into a superhero catching the girl in the hoop skirt. All the while, we've been listening to glorious music played by either the Black Cat Orchestra or a lone ' cellist/violinist who has been (if it's a storefront) inside the shop and as the screen is raised or lowered we see the orchestra/musician through the window. If a construction site, the music is coming from speakers of a parked car. Possibly i I Brandenburg Concerto #5, or some wild Tchaikovsky violin. As the music finishes, the piece finishes. 1310 Megan Murphy has been creating original work in theater and dance in Seattle since 1989. Before that, she performed for two years with the acclaimed Brussels-based performance group Needcompany, touring throughout Europe, Returning to Seattle, she co-created and performed in numerous pieces with the interdisciplinary Run/Remain, including Where the Hat Is and My Love at On the Boards' Northwest New Works Festival, The .5herman Preludes as part of OTB's New Performance Series, �y and Sit Still at the Portland Art Museum, the Walker Arts Center, PS 122 in New York, and the Third Eye in Glasgow, among others. Two years ago she co-directed Run/Remain's Once Whe17 I Was Lost at On the Boards' downstairs space, and t Dist year created part one of The Rich Grandeur of.Boxing for i Portland Institute of Contemporary Art. The full-length version premiered last April at On the Boards, and will travel to Europe 4 next Fall. Murphy's solo work includes Nothing Remarkable at New City Theater. She has starred in a number of films by d i rector Gregg Lachow, including the features The Seven Mysteries o,f Life, The Wright Brothers, Money Buys Happiness, and the performed film Silence!, which premiered at the Paramount and toured to LA and NY. t EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for miunes to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor his agents, representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages Each insurance policy shall be written on an"Occurrence" form The Minimum Scope of Insurance needed for this contract is as follows ® Commercial General Liability Insurance Services Office form number(CG 00 01 Ed 11-88)—Minimum Combined Single Limit of$1,000,000 BI& PD with a General Aggregate er pro ect 1 Deductibles and Self Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the CDA The deductible and/or self-insured retention of the policies shall not apply to the Contractors liability to the CDA and shall be the sole responsibility of the Contractor I2 Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions- (a) General Liability Policies (1) The CDA, its officers, employees and agents are to be covered as primary additional insured as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement (2)To the extent of the Contractor's negligence, the Contractors insurance coverage shall be primary insurance as respects the CDA, its officers, employees, and agents Any insurance and/or self-insurance maintained by the CDA, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way (3) The Contractor's insurance shall apply separately to each insured against whom claim is made andlor lawsuit is brought, except with respect to the limits of the insurer's liability (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract 3 Acceptability of Insurers Unless otherwise approved in writing by the CDA, insurance is to be placed with insurers with a Best's rating of no less than A VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII 4 Verification of Coverage Unless otherwise approved in writing by the CDA, Contractor shall furnish CDA with certificate(s) of insurance evidencing compliance with requirements set forth above, which certificate(s) shall provide that no material change, or cancellation or nonrenewal of policies referred to herein shall occur without thirty(30) days' prior written notice to CDA t Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE ARTS COMMISSION 2006 ORGANIZATIONAL SUPPORT PROGRAM GRANT FOR CANTERBURY ARTS FESTIVAL— ACCEPT AND AMEND IBUDGET 2. SUMMARY STATEMENT: Accept the 2006 Organizational Support Program grant of$6,000.00 from the Washington State Arts Commission to fund the 2006 Canterbury Arts Festival, and authorize the expenditure of funds in the Kent Arts Commission budget. The Washington State Arts Commission has awarded the Kent Arts Commission an Orgamzational Support Program Grant in the amount of$6,000.00 to support the 2006 Canterbury Arts Festivat 3. EXHIBITS: Award letter and agreement#2006067 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 10006221.64190.4320 Amount $6,000.00 Unbudgeted Revenue: Fund 10006221.53403.4320 Amount $6,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION: Council Agenda Item No. 6Q 4 starF 4 - T f n STATE Of WASHINGTON WASHINGTON STATE ARTS COMMISSION 711 Capitol Way S,Suite 600,PO Box 42675 0 ympia,WA 98504-2675 (36t1) 75?-3860 • FAX(360) 586-5151 Grants to Organizations (360)753-3858 August 15,2005 ' Ronda Billerbeck Cultural Programs Manager City of Kent Arts Commission 220 Fourth Ave South Kent WA 98032-5895 Re: Organizational Support Program (OSP)FY2006 —Contract#2006067— S6,000.00 Dear Ms. Billerbeck: The Washington State Arts Commission is pleased to send you a contract for the 1st year of finding in the two-year cycle for the Organizational Support Program.The enclosed contract is an offer for a giant award of S6,000.00. Sign and date the contract and the attached invoice voucher.Please update pages 1-2 of the Contract with any recent changes in your Contractor and Contractor Representative mforriation Return the full stapled contract packet to Grants to Organizations by September 16, 2005 Do not separate or remove pages from the stapled contract packet, a countersigned copy will be returned to you. On Attachment 'A':Scope of Work and Attachment "B"are contract requirements including ■ the services that are covered by Commission grant funds; ■ the provision of credits to the Washington State Arts Commission, and for federal funds, the National Endowment for the Arts; ■ the completion of a Final Report due no later than August 15,2006,Attachment E, (soon available for download at www.arts.wa.gov); and • the terms for how grant payments will be made as described in Altachnnent "B":Parnnent Schedule If you have questions, please call Grants to Organizations at(360)753-3858, or contact the staff via email at christelr@arts.wa.gov. Sincerely, iChristel Ratliff,Admmistrative Assistant Grants to Organizations ' Enclosures Organizational Support Program Contract,WSAC Logo Slick;NEA Logo(for any federal funds) j � . , tip WASHINGTON STATE ARTS COMMISSION Program: Organizational Support Program FY2006 Contract No.2006067 GRANT CONTRACT THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711 Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter referred to as the COMMISSION,and Name City of Kent Arts Commission Physical 220 Fourth Ave South Address ..... ... .... .... .... ..... •. Kent WA 98032-5895 Mailing 220 Fourth_Ave South Address Kent WA 98032-5895 Phone No, (253) 856-5050 Web Site. www.ei.kent.wa.us/artscommissiou ... .. .. •........ ......... Washington State CBI No 173.000,002 Federal Employee Id No 91-6001254 Social Security Number N/A hereinafter referred to as the CONTRACTOR. THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS- A. PURPOSE OF CONTRACT Tlus Contract sets out the terms and conditions by wluch the COMMISSION awards a grant to the CONTRACTOR for the purpose of developing,sponsoring,piomoting or administering an activity,project or prograin which is related to the growth and development of the ails and humanities in the State of Washington. RCW 43 46 provides the statutory authorization for making the giant. The funding is administered under WAC Title 30 B DESCRIPTION OF THE ACTIVITY.PROJECT,OR PROGRAM CONTRACTOR shall use funds awarded under this Contract No.2006067 solely for the grant proposal funded through the Organizational Support Program for FY2006 as described in Attachment A: Scope of Work. C AMOUNT OF GRANT 1 The Commission awards State Fluids in the amount of SIX THOUSAND AND 00/100 Dollars ($6,000.00) to the CONTRACTOR 2. The Commission awards Fedeial Funds in the amount of ZERO AND 00/100 Dollars ($0.00) to the CONTRACTOR. Applicable only if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No 45.025 Federal Grant No tbd Grant Connact No 2006067 1 of 3 r 1 3. The Cornnussion awards private funds in the amount of ZERO AND 00/100 Dollrns ($Omo) to the CONTRACTOR 4. CONTRACTOR agrees to provide matching funds equal to or greater than the total funds provided by the COMMISSION. 5 Payments will be made in accordance with the payment schedule set forth in Attachment S. D CONTRACT PERIOD Funds are awarded for the period beginnint July 1, 2005 to June 30, 2006. The CONTRACTOR must expend all funds by the ending date of this contract Funds not expended by the ending date of this contract shall lapse unless an extension is requested in writing by the CONTRACTOR and appro%ed in wrrtnig by the COMMISSION.The CONTRACTOR shall notify the COMMISSION urnnedtately upon kno x ledge that any portion of the funds will not be expended by the end of the fiscal year. E CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this Contract. Either party shall provide written notification to the other of changes in contract representation rCONTRACTOR's Contract Representative COMMISSION's Contract Representative Name Ronda Billerbeck Name Christel Ratliff and Title and- and Title Cgltggal I!KnKatns Manager Administrative Assistant Org City of Kent Arts Conunission O g Washington State Arts Commission— Name: .... ................. -.._. Nan,c Grants to Organizations 1 Address 220 Fourth,Ave South, Address PO Box 42675 Kent,WA,98032-5995 Olympia,WA 98504-2675 phone (253)856-5055 ext- Prone (360)753-3858 fax (253)856-6050 Fax. (360)586-5351 E-Mail: rb ill erbeck(a)ei.kent.wa.us E-Mail, christelr(a)arts.wa gov F LIMITATION OF AUTHORITY The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Conumssion Only the COMMISSION's Agent shall have the express, implied,or appal ent authority to alter, amend, modify,or waive any clause or condition of this contract.The Agent may delegate this authorty, but such delegation is effective only if in writing See General Terms and Conditions foi Contract Amendment or Modification procedures 1 G. RIGHTS AND 013LIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following,which by this reference,are made a part of this Contract- Attachment A: Scope of Work Attachment B Payment Schedule Attachment C. General Temis and Conditions Attachment D Voucher Attaclurient E Final Report Requirements Attachment F: National Endowment for the Arts General Tei ins and Conditions(deleted if Contract does not include federal funds) 1 lr Grant Contract No 2006067 2 of 3 H. INSURANCE Automobile Liability- In the event that services delivered pursuant to this contract involve the use of vehicles, either owned or unowned by the CONTRACTOR,the CONTRACTOR shall i equire the owner or driver of the automobile to provide automobile liability insurance The nummurn lmut for automobile liability is $100,000/$300,000 bodily injury and$100,000 property damage. I ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the parties No other understandings,oral of otherwise,regarding the subject matter of this contract and attaclurrents shall be deemed to exist or to bind any of the pai ties J. FINAL REPORT The CONTRACTOR shall provide a final report to the COMMISSION within 45 days following the Contract Period ending date,submitted according to the forms and format identified in ATTACHMENT E K. MODIFICATIONS TO GENERAL TERMS AND CONDITIONS NA THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract CITY OF KENT ARTS COMMISSION WASHINGTON STATE ARTS COMMISSION (signature of party authorred to sign for CONTRACTOR) Kris Tucker,Executive Director Date: (printed name ofsrgraatoty) (printed title of signato)}) Date APPROVED AS TO FORIM. (Signature of Susan Thomsen,Assistant Attorney General,State of Washington,March,2003 on file in fiscal office) i t t Grant Contract No 2006067 3of3 GRANT CONTRACT-ATTACHMENT"A" Scope of Work Program: Organizational Support Program Contract No.2006067 CONTRACTOR: City of Kent Arts Commission I. The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Organizational Support Program assistance with: General Operating Support Event Announcement and Documentation: The CONTRACTOR must provide to Grants to Organizations of the COMMISSION, any public announcement, press release, or other direct mail announcement of the event(s) funded under this contract. The CONTRACTOR will mail such public announcements to: Grants to Organizations I Washington State Arts Commission PO Box 42675 Olympia, WA 48504-2675. Final Reports are due* i Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations, 45 days following the contract ending date, this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Commission(WSAC), Grants to .,Organizations, by 5:00 P. M August I5, 2006. The Final Report Form should be downloaded from the COMMISSION website at www.arts.wa.gov ,under Grants to Organizations. Final Report Penaltv: Grant recipients that do not submit Final Reports by the August 15,2006 deadline will have a 10% penalty deducted from any future grant from Grants to Organizations Logo Credit: > V44SHINGT0N S M I Recipients of grants and programs are asked to credit ARTSCOMMISSION WSAC in promotional communications about the grant. Logos are provided for recipients to use in print materials. They may be enlarged,reduced, or reversed as needed Copies of print pieces which incorporate WSAC's logo should be NATIONAL submitted with Final Reports to Grants to Organizations For additional copies of the logo ENDOWMENT i FOR THE ARTS slick or electronic logo files contact WSAC's Communications Manager at(360) 753-3860. i t l GRANT CONTRACT-ATTACHMENT"B" Payment Schedule Program: Grants to Organizations Contract No.2006067 CONTRACTOR: City of Kent Arts Commission The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section (2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: I. No funds will be paid to ttie CONTRACTOR in advance of the contract starting date stated in section(1) of the CONTRACT, 2 Payments will be made after the expenses for which COMMISSION funds were committed have been mew-red, 3. The CONTRACTOR must return all invoice voucher(s)to the COMMISSION no later than the fust working day of each designated payment date; 4. All requests for payment shall be on the foim of voucher set forth in Attachment D. 5. The COMMISSION will make payment to the CONTRACTOR by the 20th day of each designated payment date 6. The schedule for payment is as follows: Mouth/Year Amount November 2005 $6,000.00 TOTAL AWARD $6,000.00 GRANT CONTRACT-ATTACHMENT I'D" Invoice Voucher FORM STATE OF WASHINGTON AGEttCYU>L--ONLY A19.1A � AFRS AGENCY NO LOCATION CODE P R OR AUTH NO r ' fREV7l96) 3 INVOICE VOUCHER 387 Oat AGENCY NAME AND LOCATION ,iTR! CIrp.41p 4F YUpR p! GLAIPAANi ,4a mluhts+xm to claim pa,mcn=for ree er.,s irlBr-,hnTdlsD or serwres ShDw wmpt�tD defaA Sar each lLm WASHINGTON STATE ARTS COMMISSION Vendors Cerl,Y,cate Ihereby codify Loder prnally of porlmy lbal the ri and tolals listed harem are proger charges for malonalc mei chanoicR or sen�n�s ferOshed to the Sta.P of PO BOX 42675 Washington and that all goods rurroshed a•I,Yor servicos rendered have been oremded M,Drout disc,mina ton because of aqe,sex,Tancal,,I,Itus [at- creed Color,nat,onal origin hand,can, OLYMPIA WA 98504-2675 roliTron or Vietnam era or d s(bled retora s sIalus VENDOR OR CLAIMANT(Warrant is to be payable to) City of Kent Arts Commission X BY: 220 Fourth Ave South {slcN IN INK) Kent WA 98032-5895 (TITLE) (DATE) L FEDERAL I D NO OR SOCIAL SECURITY NO If.,Reponmg Penanal Service Cor tnt-P"ymeMr to IRS) RECEIVED BY DATE RECEIVED 91-6001254 DATE DESCRIPTION QUANTITY UNIT UNIT AMOUNT FOR AGENCY PRICE USE For Grants to Organizations -- FY2006 Organizational Support Program ; (OSP) i Per Attachment"A"Scope of Work Contract# 2006067 t --- _- - -- - -- - -- - - —i 101 State Funds: $6,000 00 , ' T ' 202 State Funds _ $O.D4 102 Federal Funds $0.00 November 2005 Payment E Total- $6,00000 'REPARED BY _ "' TELFJ'NONE NUMBER DATE AGENCY APPROVAL -- I _ 'DATE DOC DATE PMT DUE CURRENTSOC NO• REF DOC NO VENDOR NUMBER USETAA VtNDORMCSSAGE OBI NUMULR DATE REF M MASTER ITIOEX SUB wcwxn.ab3 cw"=v env raw" DOC TRANS O FUND APPN PROGRAM sue SUD ORG Bo", PROJECT SUB PROD AMOUNT INVOICE NUMBER SJF CODE D INDEX INDE9 ORJ Ow INDEX At LOG UPA NOs PROJ PHAS 001 101 00101 NZ 50SP $6,000 00 06osp067 001 202 00101 NZ 50SP $000 06osp067 ' 001 102 00101 NZ 2006 50SP $0.00 06osp067 ACCOUNTING APPROVAL1Mt PAYMr_NT DATL WAPRANT TOTAL WARRANT NUMBER i GRANT CONTRACT-ATTACHMENT"C' GENERAL TERMS AND CONDITIONS City of Kent Arts Commission 2006067 TABLE OF CONTENTS This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract. A HEADINGS AND DEFINITIONS . .. .... .. . ..... .. -2 B GENERAL CONTRACT TERMS ,-kirendirientq or Modifications . . . ................................... .... ..... ..........2 Conformance. with Law. ........... . ........ . .... .... . .—.... .. --2 Order of Precedence 2 Severability .. .... . ... . .. 2 Waiver of Default or Breach . . .. ........ ..2 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Covenant Against Contingent Fees .........2 Indemnification — . . .. - 1- .3 1 Independent Capacity of Contractor- - .. ..3 Nonassignability . — — ... - . -I— -- — I........ —3 Publicity/Acknowledgements..... ......--....... . ....................-3 Reproduction .... .........3 Services within Washington ­ ' *..... 3 * COMPLIANCE WITH LAWS,RECORDKEEPING AND INSPECTIONS Americans with Djeabihties Act. ..... . --3 Compliance with Applicable Law... .. . .. . ....... - ..3 Conflict of Interest ..... .... ... 3 Hazardous Substances .. ...... 4 Nondiscrimination Laws.... . . . . .... .... ........4 Public Disclosure/Confidennality ... .....4 Records, Documents,and Repoits.. . ..... . —.... ..4 Registi ation with Department of Revenue. ... ...... .... ......4 Ricght of Inspection ... ... ..... ... E. FUNDING, REIMBURSEMENT AND BUDGET Advance Payments Prohibited . ......................... .... .. ..... 5 Funds not Supplanting.... ....... .... ... ............I.. ....5 Taxes . .. ..... ...5 Travel and Per Diem 5 F TERMINATION AND DISPUTES Disputes ............ .............. ............. ...................... . 5 Goverrum!Law and Venue 5 Saxio.-S 6 Termination for Convenience ....... ... .... . 6 Teriiiiii;itionorSuslictietoti far Cause 6 Q ADDITIONAL FEDERAL FUNDING REQUIREMENTS Application - - ­ . . ... -- .....6 1 PublienvlAcknowled-errients; 6 NEA General Tenn;and Conditions 6 k. HE&DINGS AND DEFINITIONS DEFINITIONS - As used thi-01.1411101.111 this Contract,the following terms shall have the meaning set f0ith below, Attachment C,Generit Terms and Conditions, I of 6 Grant Contract 2006067 "COMMISSION" shall mean the Washington Slate Arts Commission,any division,section.off ice, unit or other entity of the Commission.or any of the officers or other officials lawfully representing that Commission "AGENT'shall mean the Executive Director,Washington State Arts Commission, and/or the delegate authoitzed in stutrthg to act on his/her behalf. "CONTRACTOR"shall mean that firm,provider,organization, individual or other entity that has been awarded a grant of funds under this Contract.and shall Include all employees of the CONTRACTOR "NEA"shall mean the National Endowment for the Arts "SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR, who is performing all or part of those sci vices under this Contract under a separate contract %vith the CONTRACTOR The terms "Subcontractor'and `Subcontractors"mean Subcontractor(s)in any tier. HEADINGS -Headings used in this Contract are for reference purposes only and shall not be considered a substanu ve part of this Contract iB. GENERAL CONTRACT TERMS AMENDMENTS OR MODIFICATION-This Contract may be amended or modified only by mutual consent of the COMMIS SION and CONTRACTOR To be effective, any amendment or modification must be in writing,signed by all parties,and attached hereto No oral understanding or agreement binds the parties CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington,it is considered modified to conform to that statute or rule of law. ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order. I. Applicable Federal and Washington State statutes and regulations including applicable Federal and State Executive Orders. 2. Special Terms and Conditions of this Contract,including a. Scope of Work and b Modifications to the General Terms and Conditions 3 General Terns and Conditions 4. NEA General Terms and Conditions if federal funds are committed by this Contract. 5. All other attachments or matei ial mcorpoiated by ieference. SEVERABILITY- if any provision of this Contract or any provision of any document incorporated by reference is 1 held mt such innalidny shall not affect the other provisions of this Contract which can be given effect without the invalid piovision,and to this end the piovisions of this Contract tie declared to be severable. WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a wan er of any subsequent default or breach Waiver of any default or bieach shall not be cunstrued to be a modification of the ternhs of the Contract IC. PERFORMANCE AND GFNERAL RRSPONSIBILiTiES COVENANT AGAINST CONTINGENT f--EES-The CONTRACTOR warrants that no person or selling went has been employed or rct.aned to sohut or scauc this Conti act upon an agreement or understanding for a commission, pererntagc,biokciage of contingent fee,exceptin Kona fide emptoyce5 or a bona fide csrahhebed went inmntauhed b% the CONTRACTOR for(tic purpn�e of seun+ng business The COMMISSION shall hale the right, in the event of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or, in its dtsctetion,to i Miachmem C General Terms and Conditions 2 of 6 Grant Contract 2006067 ! deduct from the contract price orcornideration of recover by other means the full anion tit of suc,II conuiusuon, percentage, btoker,,e or contumgent lee. INDEMNIFICATION—To the fullest extent permitted by law,the CONTRACTOR shall Indemnify defend,and hold (mat mless 4he State of Washington, Including the COMMISSION and all officials, agents,employees of lire State from and against any liability,damages,claims,suits andfor expenses arising on(of or resulting from performance of this Contract, Including, but not IInured to, mlmy to persons or property, fat Iure to follow applicable law,acts that are libelous or slanderous, and the violation or Infringement of any copyright, patent, trademark, trade name or unfair tradepi actice lave The CONTRACTOR's obligation to Indemnify,defend, and hold harmless Includes any claun by the CONTRACTOR'S agents,employees,representatives,or any subcontractor or Its employees The CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is caused tit whole or in part by negligent acts or omissions of the CONTRACTOR. INDEPENDENT CAPACITY OFCONTRACTOR This Contract creates an independent contractor relationship The CON LRACIOR and its employees or agents performing under this Contract are not employees or agents of the COMMISSION or the State of Washington The CONTRACTOR and its employees or agents will not hold ihemselres out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which would accrue to suca an officer or employee under law. The COMMISSION shall not control or otherwise supervise the manner in which this Contract is performed NONASSIGNABILITY—The CONTRACTOR shall not assign this Contract,any rights or obligations under this Contract or any claun at isin;under this Conti act without prior written consent of the COMMISSION PUBLICITY/ACKNOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all printed or oral material and announcements, including in-person mterniews with audio, video, or print journalists. w huh result from this Contract, as follows- `This program is supported,in part,by a grant from the Washington State Arts Commission " REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free.Irrevocable,non- exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials that result from this Contract, provided that such use or reproduction shall be only for government purposes.Data shall include, but is not limited to,reports,documents,pamphlets,other printed matter, photographs, and sound recordings Government purposes shall include, but are not limited to,(1)Internal documents such as memoranda and (2) puhlic releases such as adveitising,brochures. media publicity and catalogs or other similar publications, provided that the artut is credited All reproductions of copyrightabie material by the State in public releases shall contain a credit to the artist and a copyright notice in the following form. "©(Artist's name), (date) " I SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used for rictiviues or services outstdc the State of Washington, without prior authorization of the COMMISSION D. COMPLIANCE WITH LAWS.RECORDKEEPING.AND INSPECTION AMERICANS WITH DISABILITIES ACT fADAI OF 1990.PLtBT_TC LAW 101-336 also refemred to as the "AD,' 28 CRT Part 35 —The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, pubic accommodation, state and local govcrmmCt service,,and telecommunications , COMPLIANCE WITH APPLICAi3LE LAW The CONTRACTOR shall comply with,and COMMISSION is not ICponmble for detuuunumg�ompbance with, all applicable and current federal,slate.and local laws regulations, rand ponies, Including all applicable local, uatc, and fedetal licensing acciethianon and icgistration regmtementsAtandaids necessity lorthe peifornianceof this Contract Ana. iment C Gencrrl Tcr ins and Cnadwons 3 of 6 Grant Contract 2006067 In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the COMMISSION may rescind,cancel or terminate this Contract for cause Ili whole or Ins part The COMMISSION also may declare the CONTRACTOR ineligible for further giant awards from the COMMISSION CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMISSION may, by wuttcn notice to the CONTRACTOR. terminate this Contract if it is found after due notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW,or any similar statute involving the CONTRACTOR Ili the procurement of,or performance under,this Contract. In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue(lie same remedies against the CONTRACTOR as it could pursue In the event of a breach of contract by the CONTRACTOR_ The I ights and remedies of the COMMISSION provided form this clause shall not be exclusive and ate in addition to any other rights and remedies provided by law The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes" clause of this Contract HAZARDOUS SUBSTANCES The CONTRACTOR will defend, protect and hold harmless COMMISSION and any and all of its employees andfor agents, from and against any and all liability,cost(including but not limited to all costs of defense and attorneys' fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the ielease or threatened release of, hazardous substances as defined by state and federal law on the property covered by the project. NONDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations,or policies If the CONTRACTOR does not comply or refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind,cancel,or terminate this Contract in whole or in part and may also declare the CONTRACTOR Ineligible for further contracts with the COMMISSION The CONTRACTOR shall be green a reasonable time in which to cure noncompliance Any dispute may be resolved in accordance with the"Disputes"provision In this Contract. PUBLIC DISCLOSUREICONFIDENTIALITY CONTRACTOR acknowledges that the COMMISSION is subject to Chapter 42 17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW 42 17 250 through 42 17 340, Any specific information that is claimed by the CONTRACTOR to be confidential or L proprietary must be clearly identified as such by the CONTRACTOR To the extent Consistent with Chapter 42.17 RCW, the COMMISSION shalt maintain the confidentiality of all such information marked confidential or proprietary If a request is made to view the CONTRACTOR's Information,the COMMISSION will notify the CONTRACTOR of the request and the date that such records will be released to the requester unless CONTRACTOR obiains a coui t ordei en)onung that disclosure If the CONTRACTOR fails to obtain the couit order enjoining disclosure, the COMMISSION will release the request information on the date specified 1 The CONTRACTOR shall not use or disclose any Information concerning the COMMISSION,or information which may be classified as confidential for any purpose not directly connect with the adunnistiation of this Contract except(1)with prior WI uteri consent of the COMMISSION,or(2)as may be iequiied bylaw RECORDS.DOCUMENTS. AND REPORTS-The CONTR ACTOR shall maintain couiplele financial records, Including all accounts,books, recoids,documents, invoices and other evidence,that sufficiently and properly reflect all direct and rndnectcosts of any nature expenses incurred and revenues acquired under this Contract. The iccords ittutit clearly show that matching expenditures, ifiequned,arc not Tess than the auuiuntgranled tit the approved application and this Contract The system of accounting employed by the CONTRACTOR shalt be in accordance e uh o�enerally accepted aceounu rig principles,and will be applied in a consistent nianner so that the project finances can be cleat IV Identified These records shall be subject at all reasonable times to inspection,review,or audit by pereonncl duly authorized by the COMMISSION, the Of lice of the State Auditor,and Federal olfi,_i,ils so authorized by lairo rule, iegulaunn,nr conu act. The CONTRACTOR will retain all books, recoils,doo unnews,and other ni,ucrrak relevant to this Anachmcnt C:General Ternis and Conditions 4 of 6 Grant Contract 20I16067 Contract for six years after terminal ion or expiration of the Contract,and make them available for inspection by persons aulhonzcd under this provision II any litigation,claun or audit is started before the expiration of the sir(6) year period, the records shall be retained until all hlhgauon claims,or audit Endings involving the records have been resolved. REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete Iegi strut ion, if required by km, uuh the Washington State Department of Revenue, P O Box 47450, Olympia,WA 98504-7450, http/Mor.wa ;ov The CONTRACTOR shall he i esponsible For payment of all taxes due on payments made under Uhts Contract. RIGHT OF INSPECTION—The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the COMMISSION pertinent to the intent of tits Contract,Including rteht of entry for periodic site inspections The CONTRACTOR shall provide right of access to [lie facilities andlor site of the activity, project,or program to the COMMISSION,or to any of its officers,or to any other authorized agent or official of the State of Washington or the Federal government at all reasonable times,in order to momtoi and evaluate performance,compliance, and/or quality assurance under tbhs Contract. E. FUNDING.REiNIBURSEMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be ' provided under this Contract shall be made by the COMMISSION FUNDS NOT SUPPLANTING-The CONTRACTOR agrees that the funds supporting activities and services under this Contract shall not be used to supplant funds normally budgeted for services of the same type 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 TRAVEL AND PER DIEM-In the event the Contract allows the CONTRACTOR to be reimbursed for out-of- pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per them in effect at the little these expenses are incurred. The CONINiISSION reserves the right to audit documents supporting billings made for out-of-pocket expenses. F. TERMINATION AND DISPUTES DISPUTES.Except as otherwise provide in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation,either patty may request a dispute hearing of the other according to the process set out in this section Eitherparty's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s), 2 The relative positions of the parties; 3 The CONTRACTOR's name address and project title. Tire requesting party shall marl the request for hearing to the other party within 5 working days after the parties mice that they cannot icsolve the dispute.Within 5 working days of receipt of the request, the receiving party shall respond by either accepting or refusing the request for dispute resolution If both patties agree to a dispute hedrin;, the dispute shall be heaird by it panel of three persons consisting of one per son selected by the CONTRACTOR,ono person selected by the COMMISSION,and a third person chosen by the two persons Ill]ti,dly appointed Any heading under this secunn shall he uilonnal.vrtth iha specific processes to be deter mined by the panel accoicling to the nature and complexity of the rswes involved The pioccss inay be solely based upon wtuten matetial if tilt' patties so agree Pdos tst8ns of this Contract shaft scivern the pamd.l m deciding file disputes The paitics shall equally share all cost associated with unplemenmtion of this process Attachment C.General Terms and Conditions 5 of 6 Grant Contract 2006067 The decitton of the dispulcs panel shall hind the parties,unless the parties do not have the authority to pet form die remedy directed by that panel or the remedy is otherwise unlawful I GOVERNING LAW AND VENUE—Washinglon law shall govcin this Contract. In the event of a lawsuit invoking this Contract, venue shall be proper only in Thurston County SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the funds appropriated for the work under flits Contract pilot to normal termination of the Contract,the COMMISSION may terminate the Contact without advance notice At the COMMISSION'S discretion,the patties may renegotiate the Contract under those new funding limitations and conditions. If this Contract is so terminated,the parties shall be liable only for performance rendered or costs mcm led in accordance with the terns of this Contiact prior to the effective date of termination TERMINATION FOR CONVENIENCE-Eithet party may terminate this Contract upon 15 days'prior nntten 1 notification to the othei party If this Contract is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination TERMINATION OR SUSPENSION FOR CAUSE—In the event the COMMISSION determines the CONTRACTOR has faded to comply with the conditions of this Contract in a timely manner, the COMMISSION has the right to suspend or tei mutate the Contract. Before suspending or terminating the Contract, the COMMISSION shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract If the Contract is terminated for cause,the COMMISSION reserves the right to requiie the CONTRACTOR to repay 1 all or any portion of funds paid to the CONTRACTOR pi for to termination.The CONTRACTOR shall make repayment within thirty(30)days.of the demand If the CONIMISSfON is required to institute legal proceedings to enforce flits repayment pro,isi on,the COMMISSION shall be entitled to its costs, includm.reasonable attorneys' fees However,repayment shalt not be the sole or exclusive remedy available to the COMMISSION, No remedy available to the COMMISSION shall be deemed exclusive The COMMISSION may elect to exercise any,any combination,or all of the remedies available to it undet this Contract,or under any proe is.ion of law,common law, or equa, G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL,FUNDS. APPLICATION--If federal funds are committed by flits Contract,the CONTRACTOR shall abide by the following conditions PUBLICITYtACKNOWLEDGEMENTS—The PUBLICITYIACKNOWLEDGEMENTprovision elsewhere in this Contract is hereby aniended as follows "The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral material and announcements, including in-poison interviews Willi audio, iidco, or print journalists, winch result from this Contract as follows `This program is supported. in part,by a grant from the Washington State Aits Commission and die National Endowment for the Aits" Additionally, all printed matct ills shall display the NEA logo as per NEA General Terns and Conditions, Attachmctit 1~ NEA GENERAL TERMS AND CONDITIONS The NEA has awatded the federal funds committed by this Contract to the COMMISS iON 1 he CON iN1 fSS1ON is obbgated in the NEA to adnunisier the funds according to the NEA Ueneial Tcnns and Conditions set fork tit At6icluncnt F All Legal Itcqutrcmetits(Federal Law ti.rules, regulations,uid OMB Circulars)cnunicrated in the NEA General Terms and Conditions apply to the CONTRACTOR As a subgrnnt recipient, the CONTRACTOR hall abide by the NEA General Tel ins and Condmont not incomistcnt Willi the Special and Geneial Te nu and Condiuom of this Conuact. Atlachment C General Terms mid Cnndnions 6 of 6 Grant Contract 2006067 1 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: KING COUNTY ARTS FACILITIES GRANT FOR PORTABLE STAGING — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the Cultural Facilities grant of$12,500 from King County to fund the purchase of portable staging, approve the expenditure of funds in the Portable Stage budget, and authorize the Mayor to sign the agreement, upon review by the City Attorney King County Cultural Development Authority (4Culture) has awarded the Kent Arts Commission $12,500 in Cultural Facilities funding through a competitive grant process. The funding will be used toward the purchase of a portable stage The stage will be used for city and community performances, festivals and civic events 3. EXHIBITS: King County agreement 9105174A 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No -X If no: Unbudgeted Expense: Fund P20064 Amount $12,500 00 Unbudgeted Revenue: Fund P20064 56750 Amount $12,500 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' Council Agenda Item No. 6R Agreement No. 105174A Contractors Federal Taxpayer ID 91-6001254 Contractor City of Kent Arts Commission ' Services Provided Facilities Construction Wor Fixed Asset Purchase Contract Amount. $ $12,500 00 Fund Source: CP—2005 Arts Facilities CONTRACT FOR CAPITAL CONSTRUCTION & FIXED ASSET PURCHASE THIS CONTRACT is entered into by THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4CULTURE"), whose address is 506 Second Avenue, Suite 200, Seattle, WA 98104-2307 and ' telephone number is (206) 296-7580 and the City of Kent Arts Commission (the "Contractor"), whose address is 220 Fourth Avenue South, Kent, WA 98032, and telephone number is (253) 856-5050. Contractor is an art, cultural or historical organization qualified to receive funds pursuant to King County Code Sections 2 48 and 4 42 and RCW 67 28,180 and as hereinafter maybe amended The 4Culture Board of Directors approved providing funds for this protect by Motion No. 2005- 15. 4Culture desires to provide funds with which the Contractor shall render certain services in connection with acquisition of a portable stage that will benefit the City of Kent Arts Commission in providing services to King County citizens Such services are for the benefit of citizens, art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistant with those defined in RCW 67.28 180 ("Public Benefit Services') 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21 730, et seq. RCW 35 21 750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town,or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority " 1 The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Protect costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VI I, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to ' be made and performed by the parties hereto, the parties covenant and do mutually agree as follows ' Cahilal Consiruchon C Fixed Aawl Purtha�c Agreement 2065 Page 1 or8 I. SCOPE OF SERVICES ' A The Contractor shall provide services and comply with the requirements set forth hereinafter and ' in the following attached exhibits which are incorporated herein by reference Project Proposal and Budget Attached hereto as Exhibit A , Specific Scope of Work Attached hereto as Exhibit B Insurance of Requirements Attached hereto as Exhibit C ® Public Benefit Provisions Attached hereto as Exhibit D Personnel Inventory(K.C.0 12.16.060A)(In combination with A-ttach ed hereto as Exhibit E other agreements, in excess of $25,000 in a calendar year Affidavit and Certificate of Compliance (K C.0 12.16 060B) Attached hereto as Exhibit F for Agreements in excess of $25,000 ❑ Disability Assurance of Compliance/Section 504 Attached hereto as Exhibit G , KCC 12.16 060D) B. Construction and Fixed Assets Purchase. Funds awarded under this Agreement shall be used , solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and the Specific Scope of Contract Work. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Contract Work must be approved in writing by 4Culture The work described generally by the Project Proposal and Budget and more specifically by the j Specific Scope of Contract Work shall hereinafter be referred to as the "Project". C. In addition to performing the Project, Contractor shall provide the Public Benefit Provisions as specified in the Public Benefit Provisions D. The Contractor agrees to use any improvement constructed and any fixed assets purchased through this contract to provide Public Benefit Services for a period of not less than 10 years from the date of purchase. Should the Contractor, prior to the expiration of this ten-year period, dissolve its operations, relocate outside of King County or determine that it no longer needs the improvement constructed or , equipment purchased hereunder, Contractor shall notify 4Culture thereof and, upon 4Culture's request, such improvements (to the extent practicable) and such equipment, shall be transferred without additional consideration to a King County based non-profit art, cultural or historic organization selected by 4Culture in , its sole discretion E. The Contractor agrees to acknowledge 4Culture as a source of support for the Project in prominently located permanent signage utilizing the following logo ' Approved logos are available for download in a variety of formats at C U L U R E http:llwww.4Culture.orglpartner/logos vino ca ay .,oocua+nz F The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs- Cap it A Comte ucnun&ri red A,ttj Purcmhase Aerccment 2005 Pagc 2 or8 , i 11, DURATION OF CONTRACT 1 This Agreement shall commence on May 1s1, 2005 and shall terminate upon the later of(1) completion of the Specific Scope of Contract Work and payment of the final invoice or (2) the end time period specified, if any, Public Benefit Provisions. This Agreement, however, may be terminated earlier as ' provided in Section IV hereof. ill. COMPENSATION AND METHOD OF PAYMENT ' A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $12,500 00. B Contractor may apply to 4Culture for reimbursement upon completion of specified phases of the 1 Specific Scope of Services pursuant to the following Reimbursement Schedule. Phase Description Amount Available for Expected Date of No. I Reimbursement Completion 1 I Outdoor Mobile Stage Project $12,500.00 July 2006 C. All invoices for reimbursement for specific phases of the Project shall include documentation that identifies vendors, details costs for labor and materials and specifies the equipment purchased pursuant to this contract (make and model #) Such documentation shall include, but may not be limited to, purchase orders or receipts for purchases. D. Accompanying the final invoice for the project, the Contractor shall also submit: 1 1. A project status report that documents costs (including costs not reimbursed by 4Culture funds)and identifies funding sources. 2. At least two images (prints, slides, or digital images accompanied by a high-quality print- out) of publishable quality for use by 4Culture to publicize the Cultural Facilities Grant program Photos shall have credits, caption information, and permission to publish. ' E. All payments are subject to site inspection and approval by 4Culture. F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any ' manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of the 4Culture right to terminate this contract as provided in Section IV, any other ' rights of 4Culture under this Agreement and any other right or remedy available to 4Culture at law or in equity. 1 i Copilal Cmstawt ion..�Faxed Assel Porchnsc Agrccmcnt 2005 Page 3 of 9 IV. TERMINATION OF AGREEMENT ' A. If, through any cause, the Contractor shall fall to fulfill in a timely and proper manner Its obligations under this Agreement or if the Contractor shall violate any of Its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4CUlture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. ' B. Reimbursement for services performed by the Contractor, and not otherwise paid for by 4Culture prior to the effective date of a termination under subsections B and C herein, shall be as 4Culture , reasonably determines C. In the event of termination for cause, the Contractor shall, immediately upon 4CUlture's request and in addition to any and all other remedies available to 4Culture in equity or at law, return to 4Culture ' Immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by 4Culture and all equipment, personal property and trade fixtures acquired as part of the Specific Scope of Contract Work V. SECURITY AGREEMENT A. Contractor grants to 4Culture a security interest in the fixed assets and equipment purchased in whole or in part with funds provided under this Agreement Including all attachments, accessions, accessories, tools, parts, supplies, increases, and additions to and all replacements of and substitutions for ' such property and all proceeds thereof(the "Collateral") to secure the Contractors obligations under this Agreement (the "Indebtedness"). Contractor authorized 4Culture to file such financing statements and Contractor agrees to take whatever actions are requested by 4Culture to perfect and continue 4Culture's , security interest in the Collateral Contractor hereby appoints 4CUlture as Its irrevocable attorney-in-fact for the purpose of executing any documents necessary to perfect or to continue the security interest granted in this Agreement. Contractor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. All , proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for 4Culture and shall not be commingled with any other funds. Contractor shall promptly notify 4Culture of any loss or damage to the Collateral 4Culture may make proof of loss if Contractor fads to do so within fifteen (15)days of the casualty. All proceeds of any Insurance on the Collateral, including accrued proceeds thereon, shall be ' held by 4Culture as part of the Collateral. B. Each of the following shall constitute an Event of Default under this Agreement: (1)Failure of ' Contractor to make any payment or otherwise perform an obligation when due on the Indebtedness; (2)The dissolution, liquidation, or any other termination of Contractor's existence as a going business,the insolvency of Contractor, the appointment of a receiver for any part of Contractor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Contractor; (3) Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of ' Contractor or by any governmental agency against the Collateral or any other collateral securing the Indebtedness. If an Event of Default occurs under this Agreement, at any time thereafter, all of the indebtedness shall be, at 4Culture's option, immediately due and payable, 4Culture shall have all the rights of a secured party under the Washington Uniform Commercial Code, as amended from time to lime In addition, 4Culture shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise Capital Con.tmuion S.Fired M,Ll 1'w,1a,c Apecimot 2005 Page of 8 VI. MAINTENANCE OF RECORDS ' A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B These records shall be maintained for a period of six (6)years after termination of this Agreement unless a longer retention period is required by law_ VI1. AUDITS AND EVALUATIONS A The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. ' B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such ' evaluation process The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42 17 (Public Records Act). ' VIII. CONTRACT MODIFICATIONS No modification or amendment of this Agreement shall be valid unless made in writing and signed ' by the parties hereto. IX. NO WAIVERS ' 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. X. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. i ' Capital C041bi1LtilOn&Fixed Asut Purdhntie AL rwiwnt 2005 P 1gc 5 of XI. OWNERSHIP OF PROJECT/CAPITAL FACILITIES Contractor and 4Culture agree and acknowledge that the real property improved and the personal ' property and fixtures acquired as part of the Project are not owned by 4Culture and 4Culture does not expect to acquire any ownership interest in or title to the capital facilities andlor equipment constructed or purchased under this Agreement. In addition, although Contractor will be reimbursed for certain of Its ' expenditures as provided herein, the capital facilities constructed or improved hereunder are not being constructed at the cost of the state or a municipality and therefore are not "public works"within the meaning of RCW 39 04.10 Contractor shall not pledge or assign Its rights to rei nbursement hereunder to any third ' party for any reason, including, without limitation, to suppliers or subcontractors as security for Contractor's obligations to such third parties XIi. HOLD HARMLESS AND INDEMNIFICATION ' A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement Neither the , Contractor nor its officers, agents or employees are employees of the 4Culture for any purpose The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor is responsible for , determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement The Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, (2) the supplying to ' the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor , B To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims,judgments, ' and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole negligence. if this Agreement is a "a covenant, promise, agreement or understanding in, or in connection , with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any budding, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate' within the meaning of RCW 4 24 225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence The Contractor agrees that its obligations under this subparagraph extend to any claim, ' demand, and/or cause of action brought by or on behalf of any employees, or agents. For the purpose, the Contractor, by mutual negotiation, hereby waives, as respects 4Culture only, any immunity that would otherwise be available against sucn claims under the Industrial Insurance provisions of Title 51 RCW. In m s t ' the event 4Culture incurs any judgment, award and/or cost arising there fro including attorney's fees enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Capital ConsU uctu>n&Fixed Asut Pm chase A_ru;ment 2005 Pace 6 of 8 , ' Contractor. Claws shall include, but are not hmited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or mate)ial of any kind, deltveted hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice, ' XIi1. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to_ XIV. CONFLICT OF INTEREST ' Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as it fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of ' contract. In addition, Contractor represents, warrants and covenants that no officer, employee,or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract The Contractor further represents, warrants and covenants neither it nor any ' other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement The Contractor shall take all appropriate steps to assure compliance with this ' provision. XV. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, ' but not limited to, Title VI of the Civil Rights Act of 1964; chapter 49 60 RCW (the Washington state law against discrimination), K.C.C. chapter 12 16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K C C chapter 12 17 prohibiting discrimination in contracting, K C C chapter 12,18 requiring fair employment practices, K C.0 chapter and 12 22 prohibiting ' discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement The Contractor shall make such documents available to the 4Culture for inspection and copying upon request ' XVI. SEVERABILITY ' In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end the terms ' and conditions of this Agreement are declared severable. Cap�idl Constiucuon�C.F�reJ Anet Pmchaee Ag�r�ry�x+ri 2pp5 Page 7 of's XVIL ENTIRE CONTRACT ' The parties agree that this Agreement is the complete expression of the terms hereto and any oral ' representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. XVIII. ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4CUlture's legal expenses, incurred in connection with the enforcement of this Agreement 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys fees and legal expenses whether or not there ' is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court , XVIII. SURVIVAL The terms and conditions of Secitons I D, V, VI, VIi, IX, XII, X111, XIV, XV, and XVIII shall survive the ' termination of this Agreement and shall be continuing obligations of the parties. 4Culture: CONTRACTOR: 4Culture-CDA Executive Director Signature Date Name (Please type or print) Title (Please type or print) ' Date 1 Capital Coa+lnulwn R Fixed Atha PuMm%e A¢i WIMA 200S Pace 8 of 8 � ARTS FA CILITIES EXHIBIT A 2005 Arts Cultural Facilities Program Application L__ 4Culture, the Cultural Development Authority of King County wvvw 4culture.or Deadline: Applications must be received in the office by 4:30 pm on INSTRUCTIONS Read the Cultural Facdi(tes Program Guidelines before filling out this form. Attend a workshop and/or meet with 4Cuilm e staff prior to submitting a proposal(oplional)- Answer all questions in the space provided Do not reduce type or use smaller than 10 point type • Signatures of director and beard president required • Submit one original plus 10 copies of the application DO NOT STAPLE;paper clip and three hole punch, ,neiuding original plus 10 copies of attachment G, (fixed assets list)if applicable. • Submit two sets of required support materials 1. Applicant Organization Name. City of Kent Arts Commission Director Mr ❑ Ms ® Title Cultural Programs Manager First Name Ronda Last Name-Billet-beck County Council District Address. 220 4"Avenue South City- Zip Number, 13 Kent 98032 Call King Co Records and Area Code 253 Phone- 856-5050 e-mailrblllerbeck@ci kent wa.us Elections at 206 296 1581 to Area Code 253 Fax.856-6050 htlp//www ci kent wa ustarts verify your Council District or visit Date of Incorporation- 10/20/75 Previous Fiscal Year's htto,7ww,a melrokc goLdmk,�cldid Operating Expenditures $814,001 map him Federal Tax ID#.91-6001254 Previous Fiscal Year's Fiscal Year End Date' 12131105 Revenues $814,001 2. Project Director Mr ❑ Ms © Title Cultural Programs Manager First Name- Ronda Last Name Billerbeck Address 220 4'11 Avenue South City: Zip Kent 98032 Area Code 253 Phone- 856-5050 e-mail:rbillerbeck@ci kept wa us ' 3 Project Protect Title: Outdoor Mobile Stage Project Information Short summary Marshall Austin mohile stage purchase for outdoor performances in Kent TYPE OF PROJECT: ❑ FACILITY (10 copies) ❑ FIXED ASSETS(10 copies) ❑COMBINED(20 copies) HOW MJCH FUNDING ,RE YOU ' ENTIRE PROJECT BUDGET: $83,669 00 REQUESTING? $25,000 (all Sources of funds) iProject Location_ Kent rHow will funds fie used? Purchase of Marshall Austin mobile stage. HAVE YOU COMMUNICATED WITH US ABOUT THIS PROPOSAL? (Please dot) Yes 1 4Culture 12005 Arts Cultural Facilities Applicalron 1. Threshold Requirements Describe how your organizalion meets the eligibility requirements A. Two Year Operating History Organizations must have at least a two-year-operating history as a legally constituted entity. Please provide your date of incorporation 10/20/1975 B. Site Control Organizations must have site confr of through ownership or a long-term(nummuin 10 year) lease Answer whichever of the following questions applies to your request: ❑ if you are applying for funds to renovate a leased facility: • Address of Property • Name and address of facility owner • What is the term of your lease? Example-5 yrs starling 2001 w/5 yr extension Attach a copy of the agreement governing your use of the facility as (label as Attachment F) ❑ If you are applying for funds to purchase, construct, or renovate a facility you own: Address of the building or property. ® If you are applying for funds to purchase fixed assets: • Location where the equipment ivill be installed or stored, Installed at various locations, stored at Parks Maintenance Operation facility, 5821 South 240'h Street, Kent • Description of storage, including security and access provisions. Locked building within secured fenced area with camera surveillance and alarm system KAC will have access to pick up and return as necessary. • Name and address of facility owner. City of Kent, storage at 5821 South 240`h Street, Kent. Attach 10 copies of the list of equipment proposed for purchase: label as Attachment G t C. Audit or independent financial review All applicants are required to provide either a certified audit, financial review, or compilation prepared by a Certified Accountant(independent of the organization)for its most recently completed fiscal year Indicate which document is being submitted and include it as Attachment D ❑ Audit ❑ Independent Financial Review ❑ Compilation Report Cities and other public agencies may submit a copy of their"independent Auditor's Report on Compliance with State Laws and Regulations"and their"Independent Auditor's Report on Financial Statements and Add;tionai Information" in lieu of the complete audit document. *2003 Comprehensive Annual Financial Repot enclosed as Attachment D D. Planning A long range or strategic plan is required for all facility applications For the purposes of this program, a strategic plan is defined as: the programmatic, administrative,and fiscal goals an organi_ation expects to achieve in the next three to five years and the specific actions that will be taken to achieve them Please allach a copy as Attachment E. *2005 Cultural Division Goals and 2005 KAC Performing Arts Plan included as Attachinent E. E. Other plans Fixed asset applications do not need to subrnit a strategic plan. Applicants for fixed assets are encouraged to submd any other piana and policies supporting their requests. A technology plan is required for all requests for computer hardware over$10,000 Please attach a copy as Attachment K. When was your plan last updated and approved by the governing body? 2004 2 4Culture/2005 Arts Cultural Facilities Applicai,on cot�Plishmet1ts, and Plans onc,pat our orgar�fzatron Descnbe fhe p round' Ac oats of y a or accomplishments, �r�anlzation Back9 and yourarganization's m 1 Services. Descnbe the mission and 9 p,Mission,Goals,and our or'ganrzabon provides, ams a+'d Jerwces Y ortunit+es and ads edulaUon, . cultural Opp real rutl oral pr°9 aitai projects in establishing ',Is a center irr 9 an pjevious ca} rotnOte Kent . to suppod including y is to provide leadership ent and to P visual ads' arts patrons and KAC) mission aesthetic environ p literary and Schools P the +ssion s{ Pnhance the best peiiormin9 ice groups' enhanc Comm of Ve and - to the regions to of Kent, art of our Kent Arts n the quality the cultural lima - vitai p tYimission,business commundy,se ortun+tY to improv - p access for all citizens -to deVeiop 's of the arts as a ra✓id- ` talent , to promote awarene and the oPp Goals are. to P the City in order to exp 0 f artistic resources and economy, of art by teasing limbos utilization o growth of the to uisition and humane environment. s success{ut coilaborauons between tan for the acQ visually P artists for �p e and support the 9 more s imag fives; to P to cseale a ublic art collection inclu es unity' d Contemporary m ubItc places and theater and corps' stage an e art p 2 er cap to ordinance}; p usrc, rth of culturai he Px erienc funded by$ p annual performances of m for Kent residents to - p ( Ails Festival ant{ef7f 4Q0 People 12A5 ver 40, Public Art program S otlight Serves{ Canterbury exh,bits m rograms and servicesthan$t 5 million. P its Day, on art experiences to 0 Kent Kids'A rt Fxhibit.monthty principalP pieces valued at Mot Ser+es(t7 concerts)- Kent Student A ort Progi3m Provides over 300 p Pducational activ+tAA Exhibits s t Slu Arts SuPP circufatton 5,000) free Sumrr er Co aeY performances, - tuned Fine Comm wsletter dance), tli h q Canterbury ifs ne July Splash bring 9 exhibits include Gentenniat Center KAG publishes Kent A ro ecl. visual arts ro ects s first orator capital p 1 each Year' and invitational exh+bits in City Halt Gallery e_news update. This is KAC' ort to organizatimonthly artists for ads p t financial supp ch year and a three times ' served by your organization- it covers a eo raphrc area sery 0184,275.articipants in pescnbe fhe g g County with a cutturally rich Population Tacoma- g, Service area. Seattle and the Kent school largest city in South King and Kent city limits,inctud+ng bet`'Jeen the cities o ent School Di The Gty of Kent rs presently the Tonal area beY care codes and is ioaabroadi regy and North Pierce Counties. The geographic area of 29 -square come from hout south Y rag commission P g throu9 Kent Aris Corpm 73 square mites)a 26 500 students. efforts to expand [},strict service area ( serving s the fourth largest in fhe state, r runny outreach activities,fncludrng h- pescnbe your organization's com staff, andlor leadership cultural experiences. our munity Outreac bershrp= quality ads and c 30aloof Kent C. COm our visitors, mein inorities make up ci ulation andlor drversrfY Y roviding access for all citizens Ethrnc mlangua )as). Our m+nonty R P octant mitred to p sand ethn+cities. re imp roue Oak a total of g programs and audiences more ogress in Kent Arts Gornmission is com sacio economic pO+students aP divers+fying P programs serve diverse ageS id change has made rt forms and have made ptured This rap diverse artists and a S °ilight Serves has teaork with inc1990_ went ethnically communities- p population and 33/o of the school disThi {2 art,With to has more than doubted anded eftoris to pre- s wdh minonly d community P ve exR retationship ative-Amenc diver" arts and forms- e than ever We have establishing Arriencan and N new audiences and Chinese.Af ican- cpt71f littees to bang drawing Mexican.Tibetan' Mexican Sister CrtY m Kent Parks Havvauen• anese, Chinese and M with the tlkran,tanI dap offered in public classes,sco9 aim COil`- aced Canterbury Arts Festival qt[i ht on Arts P d tantilies vp In taught by Professional artists Our Sp 9 lectures and intern-d+ nd teens h workshops' disadvantage enences tang seniors a erfomiance through day to economiGafly ro rams Fducal+onal exPecta1 pop+nations, to live p Programs for sp q,400 students scholarships available for all of our p sGhoot distract to eXPose over l ti06 free tickets for Kent Kids A VVe distr{buted ne2riyiake discounted tickets and assemblies- ctk,_1 ,we n addition to our free 4Cutture 12005 Arts Cuiiu,,i Fa0ItIIes P.PPiit 3. Project Infortiatlon A. Description: Describe the project for which you are seeking funds. Kent Arts Commission plans to purchase a mobile stage for the production of outdoor performances in Kent. As producers of two large family festivals and a summer concert series, KAC and Kent Parks Department book over 5( high quality artists to perform at our outdoor events each year Our free Summer Concert Series is a popular tradition for approximately 10,000 people annually Canterbury Arts Festival and Kent's 4ii'of July Splash host professional performances enjoyed by more than 30,000. in addition to high quality performers and public popularity, our outdoor performances are characterized by the variety of locations in which they are produced Kent's city limits encompass 29 square miles, and we present performances in parks throughout that area. For example, our 17 summer concerts take place in four different parks, each serving different neighborhoods. Our current staging needs to be replaced and does not meet professional standards of quality and visibility. We have an aging permanent stage in one location and utilize temporary staging (wooden decks) in other locations. By 2006, our goal is to enhance programming with a professional quality stage for our entertainers and patrons A mobile stage will improve our ability to offer programs in a variety of different venues and enable us to expand our programming to include artists that are not able to perform on uneven wooden staging The stage, manufactured by the Marshall Austin Company of Lakewood, Colorado, features a 24'x 16' performance area which can be expanded to nearly any size by adding additional 4' x 4'sections to the front and sides The adjustable canopy is capable of withstanding 50 mph winds and provides superior protection from the sun and rain Removable side curtains provide extra protection from the elements and add to the stage's professional appearance. When open, the stage is exceptionally sturdy even when fully occupied A one hour set up time without the use of electricity or hydraulic systems will allow us to present performances in nearly any location. B. Project Importance. Explain wiry this project is a high pnonty for your organization and what planning you have undertaken to prepare for this project. Our permanent stage,which is located in Mill Creek Canyon Earthworks Park, has been in use fornearly 20 years and needs to be replaced in the next year. Parking is limited at the site and the stage location restricts access bility , for those with limited mobility. Our por-table staging is also due for extensive repair. Each year Parks Maintenance crews spend several days repairing damaged and rotten sections of both stages Staff plan on using the existing staging for one more year before upgrading to the mobile stage in December 2005 The mobile stage will allow us to site current performance offerings in more effective locations and achieve our goal of reaching out to underserved areas of the community. It will also significantly reduce costs (personnel and supplies) of conducting repairs each season Set up for our current portable staging requires a minimum of six people spending two hours to position and level the stage During the summer concert season, the portable stage is moved to two dlf`er-nt parks twice a week for five weeks The mobile stage can be set up by one person in just one hour and requires substantially less annual maintenance. The Marshall Austin mobile stage also enhances KAC programming by providing a professional appearance that is in line with the artistic quality of our programs Providing high quality amenities will allow us to attract top notch performers and create a more visible atmosphere that we expect will increase audiences by 10% The Kent Lions Club shares staging with Kent Arts Commission and will contribute funds to purchase the mobile stage The Lions produce a number of family events throughout the year and the mobile stage will allow them to rarse the quality and professionalism of per fonriances at Kent Cornucopia Days, Kent Saturday Market and Winterfest Cal 3!bratinn In addition to their own events, the Lions assist the Tahoma National Cemetery by providing staging for presentations associated with patriotic national holidays Tlie mobile stage wll be available to enhance these community events that draw upwards of 150,000 people. 4 4Cutiure 12005 Arts Cultural Facililies Applicalion C. Long Term Benefit: Now will this project or equipment impact your organization. Purchasing a mobile stage will eliminate the costs of budding a new permanent stage and conducting extensive annual maintenance on portable staging The estimated cost of rebuilding our permanent stage and portable system is $10,000 in materials and $8,000 in labor During the summer months, the time it takes to set up the existing portable stage two times a week for five weeks amounts to approximately$3,000 that could be allocated for other projects Annually, the City's tabor costs for using the existing portable stage are almost 100% of the new stage purchase price. In addition, the mobile stage,which comes equipped with canopy and sidewalls,will eliminate cur rent rental costs for these items Besides saving money, the mobile stage will create tremendous opportunities for new venues not previously considered for performances and festivals The mobile stage's maneuverability and light weight will allow us to create unexpected venues for Kent residents to enjoy outdoor programming in almost any site, thereby more effectively achieving our goal of serving geographically, ethnically and socio-economically diverse neighborhoods. i D. Key Project Participants. Include members of your staff, both paid and volunteer;outside consultants, design team, project manager; and their respective qualifications and responsibilities Tell us why they are qualified what role they will play in this project. Please attach resumes for each (label as Attachment B). Kent Arts Commission and Parks Department staff will manage and schedule the mobile stage-, Parks Maintenance crews will oversee maintenance and storage. Two Maintenance supervisors and several primary crew members have evaluated the stage for ease of use, maneuverability, safety and durability Kent Parks and KAC have been producing performances and festivals since 1970. Current staff have been working together for 7 years and have a combined 50 years experience in producing events. -Ronda Billerbeck, KAC, Director—Performing arts programming, marketing, grant writing, on-site management -Mark Hendrickson,Kent Parks, Program Coordinator— Festival Director, sponsorship,event logistics -Quientin Pod, Kent Parks, Maintenance Supervisor—Storage, maintenance, placement and transportation logistics -Garin Lee, Kent Parks, Maintenance Lead—Location feasibility, electrical supply, maintenance, set-up, placement and transportation logistics -Bill Westcott, Kent Lions, Cornucopia Days Director, logistics, on-site management E. Community Need and Impact. Describe the benefits this project will provide to the community. How will the project contribute to the cultural vitality of this region The ability to produce activities in unexpected-areas while offering a professional atmosphere for both performer and audience is an exciting prospect. Locations on the west hill of Kent and areas both north and south of the Kent Valley currently go under-served by programming due to lack of performance and event amenities. These areas have large populations of Ukrainian, Indian and Mexican famdres that typically do not seek activities outside of their communities The mobde stage will allow us to offer more diverse programs and literally bring the performances to underserved neighborhoods The mobile stage will be unique in the South King County region. In addition to enhancing existing Arts Commission and Lions Club programming such as Kent's Summer Concert Series, Canterbury Arts Festival, Fourth of July Splash, Cornucopia Days, Winterfest celebration and Saturday Market, the stage will encourage development of new programming We plan to make the stage available for use by arts organizations, community groups and neighLonng cities to contribute to the entire region's cultural vitality 5 4Culiure 12005 Arts Cultural Facilities Appiicabon F. Post-Project Maintenance and Operation. How will the project affect your operations dune and after construction or purchasev For example, will the project change the type or frequency of progiammalic activities, raise or toiver maintenance costs, reduce or rncreace staff levels, etc? Explain how additional needs such as staff or operating expenses will be mef. As previously mentioned, the mobile stage will decrease expenses associated with stage maintenance and rental Staffing impacts such as scheduling and management of the stage will be absorbed by current Kent Arts Commission staff The mobile stage will require storage, site delivery and occasional maintenance, Kent Parks Department will provide covered storage at the City's operational facility Routine maintenance,site delivery and set up will be, provided by the Parks Department's Maintenance Division. Funds from sponsorships and stage rentals will be used to cover on-going costs of operating and maintaining the stage. A great deal of programming for the mobile stage is already well established in the community. Use will likely increase as staff identify other locations to produce activities and as other user groups take advantage of the stage Kent Arts Commission and Kent Parks will be the primary users of the mobile stage. We will schedule the stage, oversee rentals and work with Parks Maintenance to ensure that the stage is property maintained Under this arrangement, the mobile stage will benefit Kent and surrounding communities for years to come 4. Budget Development and Funding Strategy A. Budget Development. Explain how the project budget was developed. If the budget presented in this application is a preliminary budget arrived at without timt bids, explain how the cost estimates were determined. The purchase budget is based on the actual cost of the mobile stage provided by the manufacturer,Marshall Austin Productions. Prices have been set for the year so no unforeseen additional costs should occur. Stage maintenance, set-up,storage and event transport will be provided in-kind by the Parks Maintenance Department, B. Other King County Support. List any King County support(40ulture, its former agency, or County Council) received over the past three years. Please fist funding program,year, amount, and project title. Sustained Support 2004 $10,100 General Support Sustained Support 2003 $10,080 General Support Sustained Support 2002 $12,000 General Support Performance Network 2004 $ 3,400 Brownbox Productions "Black to My Roots" Performance Network 2003 $4,500 Insight America Touring Theater "True West" Performance Network 2001/ $4,500 Theater Schmeater"Twilight Zone" 2002 Lingo dancetheater"Dysfinlion" Cultural Arts Education 2003 $1,500 Artist in School (Pine Tree Elem ) Special Projects 2003 $1,000 New Yoik Theater Ballet Community class and performance Special Protects 2002 $3,500 "Junt,man"composer/sculptor Residency 6 4Culture/2005 Arts Cultural Facilities Application C. Fundraising Plan. Describe your oiganizalion's fundraisinq plan for this project including its goals, timeline, and progress to date if you are in the early stages of a capital campaign, desCnhe your plans_ Be as specific as nossrble about the sources you wit,ahproarh Identify major m-kind donalions you have received of anticipate receiving You may include a more defaiied fundraising plan as Altachrnenf J_ The total amount required for this protect is $83,669 To dale, we have secured 50% from the City's Capital Fund, which is available for "life-cycle' repairs and improvements to existing facilities. The permanent stage at Mill Creek Canyon Earthworks Park requires extensive repairs in 2005 We have chosen to direct These funds to purchase the mobile stage,which will more effectively achieve our mission of serving the entire population and all geographical areas of Kent Another 20% of the funding w�li come from one or more of Kent's Service Clubs. The Lions Club has agreed to contribute funding in the range of$10,000-$15,000. (We currently share portable staging with the Kent Lions Club, all of which needs to be replaced ) Funding will also be requested from Rotary and Kiwanis Clubs, and businesses. Summer 2004 Research began on options for repainngfrephang existing staging -Fall 2004 On-site stage demonstration (KAC and Parks staff tested stage) November 2004 Coy of Kent Capital Funding ($40,000)confirmed -December 2004 Requested funding from Kent Lions Club ($10,000-$15,000 committed) -January 2005 Grant submitted for 4Cuiture Fixed Assets -Feb -June. 2005 Presentations/requests.to Service Clubs and businesses -July 2005 Full funding in place for purchase in fail of 2005 for first use in 2006. D. Contingency Plan. Explain how you will change the project scope of work if you are unable to raise the total amount required for completion ofyourproject as planned The scope of the projechrrill not change, but the timeline will be extended if we are unable to raise the total amount required as planned. Since our current staging must be replaced immediately for our popular community programs to continue, we will rent or purchase used stage decks as a back-up option until funds can be raised Since the Marshall Austin stage is the most zfficrent and desirable final goal, Kent Arts Commission and the City of Kent are committed to raising the funding as quickly as possible in order to avoid the additional expenses associated with stop-gap measures n E. Project Update. If this project has previously been awarded funding from this program, please answer the following questions: What additional funding or in-kind contributions have been secured since you last received funding? What work has been completed?Have there been changes in the piojecl timeline, scope, or budget? N/A i j 7 4Culture 12005 Arts Cultural Fzic ibes Apphcahon 55. Project Budget. Double-click embedded Excel file to complete Project Budget. NOTE: ;_project_budget A s 6. Operating Budget. Double-click embedded Excel file to complete Operating Budget. 6_operahng_budget. k15 i i 8 4Culture l 2005 Arls Cultural Facilities Application 7. Final Checklist Application One original and 10 double-sided copies, three hole punched. Please clip together rather than stapling illustrations You may altach up to two 3 Yz xi 1 or two 11x17 pages to each of the 10 copies of the application Any illustration pages should also be three hole punched The purpose of these illustrations is to help reviewers better visualize your protect. Suggested submittals include: site plans, floor plans and/or elevations for new construction, images of buildings or equipment proposed for restoration or purchase, andlor schematic plans for exhibits Budget Information ❑ t Project_PXPENSE for constructionlcapital projects N/A [1 2 Project INCOME for constructionlcapdai projects N/A ® 3 Project iNCOME/EXPENSE short Form for Fixed Asset Only applications ® 4 Organizational 4 year operating budget Ex]5 Notes tooperating budget Attachments Include two sets of attachments unless otherwise noted. Check the attachments you have included and label each attachment with the indicated letter. Required for EVERY Application ©A List of board of drrectors,including professional affiliations and length of service I ❑ B Resumes for key project participant identified in question 3 D_ (See qualifications in 3 D.—OK per D. Twersky) ® C Copy of IRS determination letter © B independent financial review, compilation, or audit for the most recently completed fiscal year(2003 Comprehensive Financial Report) Required for Facility Applications ® E Long RangeiStrategic Plan document (not required for fixed asset requests)('OS Division Goats&Perf.Plan) ❑ F. Copy of current tease (if renovating leased facrtrty)or statement of ownership interest in real property(list ail Loans secured by the property and all liens and other encumbrances) if your application is to purchase real property contact staff to discuss what documents will be required as part of your application N/A Required for Fixed Assets Applications , © G 10 copies of the itemized list of assets and their costs proposed for acquisition ❑ K. Technology Plan (required for computer equipment requests over$10,000—ormclicate this section of your long range/strategic plan)MA jOptional ❑ H Evidence of Community Support Of Illustrations 1 Plans/Schematic Drawings (Marshall Austin Mobile Stage Brochures) ❑ J PlanrmglFeasibihty Studies f Statement of Need EJ L Cultural Programs/Kent Ails Commission Budget 1 Signatures Each signatory declares that s/he is an authorized official of the appiican organization or individual representative, s authorized to snake this application, and will assur that any f ds r + P as a result of this application are used only for the purposes set forth herein -'Lk- 01, A Pr sic ni of the Board of Directors B Organn_alion President, Executive Director or Managing Director' /(the organization does not have a director on staff,a second member of the Board with fiscal authonly should provide the second signature 9 4Qilture/2005 Arts Cultural Facilities Application 5. FIXED ASSETS ONLY PROJECTS BUDGET-INCOME AND EXPENSE A. PROJECT EXPENSES Cash Expense In-Kind 1. Design/consultant fees Design, engineering and otherconsu/tart fees $0 $0 SUB-TOTAL: $0 $0 2. Fixed Assets (equipment, fixtures,furnishings) Specify item(s)and cost, including tax,provide a detailed list as Attachment G Marshall Austin Mobile Slage $83,669 $0 (see Attachment G for detailed list) SUB-TOTAL: $83,669 $0 3. Financing Costs $0 $0 4. Fundraising Costs $0 $1,000 5. Total In-Kind Contributions (1-4) $1,000 6. Total Project Expenses (1-5) $83,669 7. TOTAL PROJECT COSTS (Expenses + In-Kind) $84,669 Date B. PROJECT INCOME Projected Income Amt Confirmed applied 1. List all sources of income for this project, including Board, individuals, corporations and foundations, and other government agencies City of Kent Capital Fund $42,335 $42,335 NIA Kent Lions Club $12,000 $10,000 Jan-05 Kent Rotary Club $1,500 $0 Mar-05 Kent Knvanis Club $1,500 $0 Mar-05 Corporations $1,334 $0 Apr-05 2. Amount requested from 4Culture Cultural Facilities Program $25,000 3. Total Projected Income $83,669 4. Total Funds Confirmed $52,335 PROJECTED INCOME(43) SHOULD EQUAL PROJECT EXPENSES (it6) ABOVE i � 6 2005 4CULTURE ARTS FACILTIES -OPERATING BUDGET TRENDS a - • DO NOT!lYCLUOE CAPITAL PROJECT INCOME OR EXPENSES 1 CURRENT ACTUAL ACTUAL YEAR BUDGET NEXT YEAR 1 Operating Expenses 2001 2004 Zoos 2006 2 Permanent Persoo^eI 3 1 Arhsuc)Hen+age 0 n 0 0 4 2 Techmral 0 0 0 0 5 3 Administrative 374, 104 377,731 396,319 401,873 6 4 Education and/or outreach 0 0 0 0 7 Temporary Personnel 8 1 ArlisirclNentage 2 31,791 135,856 117,260 117,260 9 2 Technical Z5,666 22,014 19,538 10,513 10 3 Administrative 9,836 9,351 16,385 16,385 11 4 Educaaooand;orOutreach 0 0 0 0 12 ProductroNExhrblion expenses 21,322 22,225 26,424 28,J,4 13 MarkehngfPmmolion expenses 96,804 133,585 140,263 140,263 14 Fundraising expenses 0 0 0 0 15 Education and/or Outreach expenses 3,675 2,798 1,661 7,661 16 Occupancyexpem,°s(mortgage/renUulrhties) 11,162 7,774 11,973 11,933 17 Travel andTranspeblion 3,109 3,196 4,540 4, 540 18 Administrative expenses 66,848 76,486 103,300 103,_00 19 Subtotal tt44,308 791,019 845,663 551,217 20 In-Kind expenses(=InkrndIncome) 23,252 22,982 20,000 ZD,D00 21 TOTAL OPERATING EXPENSES 867,560 814,001 865,663 871,117 22 Earned Income: 23 Box OficelAdmissun 61,687 55,293 51,021 51,021 24 Membersh+p 0 0 0 0 25 TwlioniVdorkshops 16,754 16,214 14,230 14,230 26 Consess+ocs SalestRenfal 26,262 30,852 17,1375 17,075 27 interest&Earning=(savings,reserves,etc) 0 0 0 0 28 Other Earned Inccne 0 0 0 0 29 TOTAL EARNED INCOME 104,703 102,359 82,326 82,326 1 30 Earned income percentage 12t 13�u ID% V& 31 EARNINGS GAP (752,957) (711,642) (7$3,337) Oss,831) 32 Contributed Income: 33 NEH,NEA,and If,1S 0 0 0 0 34 Other Federal Government 0 0 0 0 35 VVSAC 9,350 6,000 0 0 36 Other Stale Government 0 0 0 0 37 4CULTURE 11,080 3,400 0 0 38 Olher County Government 0 0 0 0 39 MOACA 0 0 0 0 40 Other City Govemmenl 692,743 640,450 747,237 755,291 41 CCA 0 0 0 0 42 Other Corporations 7,980 32,675 11,600 11,600 43 Foundations 31000 91000 2,500 0 44 Indiaiduals !5,452 ('_,365) 2,000 2,000 45 Benefits I Fundraising Events 0 0 0 0 46 Misc contributions 0 0 0 0 47 SUBTOTAL CONTRIBUTED INCOME 739,605 688,660 763, 337 7681691 48 In-r ind Contributions (A) 23,252 22,982 20,000 20,000 49 GRAND TOTAL INCOME 867,5,0 814,001 II65,663 671,217 50 SURPLUS (OR DEFICIT) 0 0 51 neprecialren(d iplkable) 52 OTHER INTER-FUND"TRANSFERS 53 SURPLUS OR(DEFICIT)AFTER TRANSFERS 0 u 0 c 54 Total Liabilities&Net Assets-bcg of year 55 Total Liabilities&Net Assets-end of year Please provide information on all income and expense categories that have undergone significant(more than 15%) chang4 s from year to year Explain general trends, increases, special circumstances LINE DESCRIPTION YEAR NOTE Decrease frorn 2003 actual to 2004 actual 2003 actual includes annual transfer of$2/capita ordinance funds to public art account (shows up as an expense in City Art general fund budget) This transfer occurs Temporary Personnel at year end and does not show up in 2004 actual Line 8 Artistic/Heritage 2004 since 2004 books are not yet closed. Decrease from 2004 actual to 2005 budget 2004 Temporary Personnel actual includes budget amendments for grants Line 8 Artistic/Heritage 2005 received. Increase from 2004 actual to 2005 budget 2005 budget includes full funding for division intern program_ Fewer interns have been hired over the Temporary Personnel past two years to reduce expenses during tight Line 10 Administration 2005 budget years Increase from 2004 actual to 2005 budget- Cost savings and in kind donations have enabled us to ProductioNExhibit come in under budget over the past two years We Line 12 Expenses 2005 anticipate the same in 2005. Increase from 2003 actual to 2004 actual Expanded performing arts program required additional advertising and promotion, beginning in 2004 (Sponsorships and increased ticket sales offset the expense ) Increase is also due to costs associated with producing Parks Department quarterly program guide. (For internal accounting purposes,these Marketing/Promotion expenses were transfered from Parks Administration Line 13 Expenses 2004 budget to Cultural Programs budget in 2004) Decrease from 2003 actual to 2004 actual 2003 Education/Outreach actual included one-time City-mandated trainings for ' Line 15 Expenses 2004 all staff. Increase from 2004 actual to 2005 budget- In an I Education/Outreach effort to reduce expenses, we have come in under (pine 15 Expenses 2005 budget in this time item for the past two years Decrease frorn 2003 actual to 2004 actual Not all 2004 occupancy charges are reflected in 2004 actual Line 16 Occupancy Expenses 2004 (budget figures reflect Nov. month end). Increase from 2004 actual to 2005 budget Internal administrative costs such as computer services have been transferred from Parks Admmistration budget to Line 18 Administrative Expenses 2005 Cultural Division budget. Decrease from 2003 actual to 2004 actual Not all ticket revenues are reflected in 2004 actual(budget Line 23 Box Office/Admission 2004 figures reflect Nov month end). Decrease from 2004 actual to 2005 budget- 2004 actual includes unbudgeted revenue from rental of Concession Salesl billboards on City property. While this item is not Line 26 Rentals 2005 budgeted,we expect similar revenue in 2005. Decrease from 2003 actual to 2004 actual- Reflects WSAC budget cuts and subsequent reductions in Line 35 WASC 2004 grant funding. Decrease from 2003 actual to 2004 actual 2004 actual does not yet include 510,100 Sustained Line 37 4Culture 2004 Support award. Increase from 2003 actual to 2004 actual. Implemented new sponsorship program for Line 42 Other Corporations 2004 performing arts series in 2004. Decrease from 2004 actual to 2005 budget Reflects Line 42 Other Corporations 2005 conservative estimates. Increase from 2003 actual to 2004 actual and decrease from 2004 actual to 2005 budget 2004 actual includes one-time WESTAF special orolect I Line 43 Foundations 2004& 2005 grant. Decrease from 2003 actual to 2004 actual 2003 actual includes corporate contributions erroneously Line 44 Individuals 2004 recorded as individual donations_ . e r r 7 (\1 f - tQ N N R y � 117 E E 2 E x� I E � s y � `o c = cd n`> m 3 d � > v o E t m �' +a o J Q M cr U C7 `4 W co (n 4 iF G A` ` X y'� •WL cncu J� LL v U ys ,a. c c c fo c vi f!1 5 a i e,�s. -b✓^ a ofS "' "' ? v N N Q O e�D m O M "'€€€��� O V J s xyt v�'yd ,"E T rip 4c �p ff Q o n6pSo."f i &� Pro l 'C �'j �I� rpnf :6 s m '-� o m c, W o °' E ,�u'A �Y ,,.k f1b "s. 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C m O — c of o 0 o c QJ Cc� p O) CO OCD QJ p W CU C L Y _ •a c[S c4 cz j N L i a Q k -6 rCL p i v O — RS t31 O" V J � T '_ l� L• m C 2 N U N N c0 t � r'"�'� N � 5 EXHIBIT B Specific Scope of Work 4Culture, the Cultural development Authority of King County, will reimburse City of Kent Arts Commissionfor satisfactory completion of the services and requirements as specified in this contract in an amount not to exceed 512 500 00 Payment will be made available in the following manner INVOICE #1 For up to $12,500 00 total, for the acquisition of a Marshall Austin mobile stage system to be used for outdoor performances in Kent Accompanying the 4Culture invoice for these expenses will be documentation that identifies vendors and details work performed Such documentation shall include, but is not limited to, proofs of purchase, work orders or receipts for purchases NOTE in order to be an allowable item, equipment purchased must be items classified as"fixed assets" intended for 10 year use and valued as depreciable assets and not expensable materials NOTE Any project involving construction restoration or rehabilitation work on an historic structure is subject to the following additional requirements Any rehabilitation and/or restoration project involving an historic resource listed on the National Register of Historic Places or a local landmarks register, or determined eligible for said registers including a resource in process of nomination, must adhere to The Secretary of the lntenor's Standards for Treatment of Historic Properties. Any rehabilitation and/or restoration project that would affect any designated feature(s)of significance of a King County Landmark or local landmark designated byway of an interlocal agreement for preservation services with King County, including a contributing property located within an historic district, must obtain a Certificate of Appropriateness (COA) from the King County Landmarks Commission prior to obtaining a budding permit or commencing construction Any rehabilitation and/or restoration project that would affect a designated landmark located in a jurisdiction that is a Certified Local Government (CLG)with professional staff, must provide evidence that it has received any formal approval required by law from a qualified design review board prior to obtaining a building permit or commencing construction Facility Contiact Specs is Suipeoi Service EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor his agents, representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages Each insurance policy shall be written on an"Occurrence"form. 1 Minimum Scope of Insurance needed for this contract is as follows ® Commercial General Insurance Services Office form number(CG 00 01 Ed 11-88)—Minimum Liability Combined Single Limit of$1,000,000 BI & PD with a General Aggregate Der Droiect Automobile Lability Covering all owned and non-owned and hired automobiles — Combined Single Limit of$1,000,000 BI & PD 2 Deductibles and Self Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by 4Culture The deductible and/or self- insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor 3 Other Insurance Provisions A The insurance policies are to contain, or be endorsed to contain,the following provisions- (a) General Liability Policies (1)4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2)To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents Any insurance and/or self-insurance maintained by the 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any 1 way. (3)The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except as reduced in aggregate by paid claims, at any point during the life of this contract 4 Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A-Vill, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size Vlll 5 Verification of Coverage Unless otherwise approved in writing by 4Culture, Contractor shall furnish 4Culture with certificate(s) of insurance evidencing compliance with requirements set forth above, which certificate(s)shall provide that no material change, or cancellation or nonrenewal of policies referred to herein shall occur without thirty(30) days'prior written notice to 4Culture. Facih*Conimci Immance Requiremmts 1 EXHIBIT D PUBLIC BENEFIT PROVISIONS In exchange for receiving these funds the Contractor, City of Kent Arts Commission, shall agree to the following provisions to ensure that the citizens of King County receive public benefit_ The City Kent Arts Commission mobile stage will be committed to an arts use for a period of no less than 10 years During that time, the public will regularly have access to the Outdoor Mobile Stage and will benefit from th following types of potential uses • Regularly scheduled free or pay-what-you-can performances using the stage • Access to educational programs or events held using the stage that are targeted to underserved King County populations such as students, senior citizens, or other specific audiences The Contractor agrees to widely publicize its public benefit performances, events and programs throughout King County and to track the nurnoer of public benefit events and audiences served by such programs i Fauhly COnUdU Public Benelil Regwicmuns Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: PURCHASE OF PORTABLE STAGING—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with Marshall Austin Productions, Inc. to purchase portable staging for $78,133, upon review by the City Attorney. Staff researched suppliers to provide a portable staging system for events and concerts throughout Kent. The stage from Marshall Austin Productions, Inc., which provides the ideal attributes for performances in Kent, can be transported by a pick-up truck and will replace the portable staging the City typically uses or rents The stage will also be available for community events beyond those produced by the Parks Department including the Winterfest Event and Cornucopia Funding is provided by a $12,500 King County grant, $15,000 from the Kent Lions Club and $50,633 from Capital funds. Attached is a waiver signed by the Mayor confirming that replacement of this manual portable staging qualifies as a limited single source condition, exempt from bid requirements, pursuant to Kent City Code Section 3 70 080. 3. EXHIBITS: Procurement waiver and Goods and Services agreement 4. RECOMMENDED BY: Parks & 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 jDISCUSSION: ACTION: Council Agenda Item No. 6S I I PARKS, RECREATION AND COMMUNITY SERVICES John M Hodgson, Director Phone 253-856-5100 • Fax 253-856-6050 KENT Address- 220 Fourth Avenue S w A s H ING TO H Kent,WA 98032-5895 DATE: September 1, 2005 TO: Mayor Jim White FROM: John M. Hodgson, Director of Parks, Recreation and Community Services SUBJECT: Waiver of Procurement Requirements REFERENCE: Section 3.70.080 Kent City Code Number 1.1.10 City of Kent Administration Policy FUNDING: REET, King Comity 4Culture Grant, Kent Lions Club Donation The Parks Department is asking for a written deternnination waiving the bidding requirements allowed in the Section 3 70 080 Kent City Code and City of Kent Administration Policy Number 1.1.10 to purchase a performance stage The funding sources are City of Kent BEET, a King Countv 4Culture Grant and a Kent Lions Club donation The estimated cost of the stage from i Marshall Austin Productions is $78,1 13.00, including delivery, but not including applicable taxes. We believe it is in the city's best interest to negotiate a purchase directly with Marshall Austin Productions. Through research staff found there are two types of stage products; one that is a fold out and retracted by hydraulics, and the other is done by a manual pulley system. Staff notes that the excessive cost of the hydraulic stage and the preferred manual stage are the determining factor in iecomniendi ng the purchase of this stage fronn Marshall Austin Productions. Mashalt Austin Productions is a sole source supplier of the nnanual stage that staff is recommending Although supply requests of this annonmt would typically go to bid, the Parks Department requests a waiver of the city's procurement requirements, in accordance with Section 3 70.080 of the Kent City Code. To our knowledge, Marshall Austin Productions is a sole source supplier-of this type of poi, stage. . e0 Mayopim White ate JMH tp i GOODS & SERVICES AGREEMENT �� between the City of Kent and Marshall Austin Productions, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City''), and Marshall Austin Productions, Inc. organized under the 1 laws of the State of Colorado, located and doing business at 1401 S Youn field Court Lakewood, Colorado 80228, (303) 988-2200 - Telephone (303) 988-1878 - Fax (hereinafter the "Vendor") AGREEMENT I. DESCRIPTION OF WORK, Vendor shall provide the following goods and materials and/or perform the following services for the City. One performance stage as described in Exhibit A - delivery and training included i Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, of scivices and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 1, 2005. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $78,133.00, excluding sales tax, for the goods, materials, and services contemplated in this Agreement The C ity shall pay the Vendor the following amounts a ccordulg to the following schedule: Payment to vendor shall be made upon delivery, after inspection and approval of stage. If the City objects to all or any portion of an invoice, it shalt notify Vendor 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. A. Defective or Unauthorized Work, The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services If Vendor is unable, for any reason, to complete any part of this Agreement, the City Marshall Austin Productions, Inc. Paae 1 1 may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above The City further reserves its right to deduct these additional costs incurred to complete tilts Agreement with other sources, front any and all amounts due or to become due the Vendor B. Final Payment Waiver of Claims THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Vendor has the abitity to control and direct the perfonnance 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 tliis Agreement. VI. CHANGES. The C ity may i ssue a written change order for any change i n the goods, materials or services to be provided during the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; liovvever, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims. below The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or(3) not protesting in the way this section provides A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequentiat costs, including costs of delays related to any work, either covered or affected by the change. Marshall Austin Productions, Inc. Page 2 VII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have lazown of the facts or events giving rise to the claim, whichever occurs first Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a tunely written claim is made in strict accordance with the applicable provisions of this Agreement At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF AN17 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that 1 estimate was detennined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records The Vendor shall keep complete records of extra costs and time incurred as a zesult of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City detennines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustinent will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement Marshall Austin Productions, Inc. Page 3 D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determmnahoii). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and detemmnation). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD PX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only onginal replacement parts shall be used—rebuilt or used parts will not be acceptable When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begun to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race. religion, color, sex, age, sexual orientation. national ongm, 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 Vendor 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. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and 4olunteers 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 Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. Marshall Austin Productions, Inc. Page 4 The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IM%R�N, ITY 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. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 foi that purpose. All work shall be done at Vendor's own risk, and Vendor 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 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 1 full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and c onstrued n n a ccordanee w ith t he I aws o f the S tate o f W ashnngton. If t he p arttes a re unable t o s ettle a ny d ispute, d ifference o r c laim a rising f rom t he p arttes' p erformance o f t his Agreement, the exclusive means of resolving that dispute, difference or clams, 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 attentative dispute resolution process In any claim or lawsuit for damages ansing from the parties' performance of this Agreement, each party shalt pay all its legal costs and attorneys fees incurred in defending or bringing such claun or lawsuit, in addition to any other recovery or award provided b% law, prodded, however, nothing in this paiagraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. Z Marshall Austin Productions. Tnc Paae 5 D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the sizipiature 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 I f the non-assigning party g ives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assigmlent shall be made without additional written consent. F. Modification. No v�aiver, 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 Vendor_ G. Entire Agreement. The written provisions and teens 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 enterng 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by thus Agreement or accruing out of the performance of those operations. I i 1 Marshall Austin Productions, Inc Page 6 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: I i By: By: (stgnatut e) (signature) Print Name: Print Name: Jun White 1 Its Its Mayor(Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Roy Mertik Ronda Billerbeck, Cultural Programs Mgr. Marshall Austin Productions, Inc. City of Kent -Parks and Recreation 1401 S Youngfield Court 220 Fourth Avenue South Lakewood, Colorado 80228 Kent, WA 98032 303 988-2200 telephone (253) 856-5050 (telephone) 303 988-1878 Fax (253) 856-6050 Fax i APPROVED AS TO FORTNI: iKent Law Department Marshall Austin Productions, Inc Page 7 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT. MINT ORITY 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 S10,000 or more within any given year, must take the following affirmative steps. I Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportumty 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. I. Ensuting 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 of 3 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 perforin work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically tdentify 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 fotlowmg 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 detennmation regarding suspension or teimmation fot all or part of the IAgreement; 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 day of 200. By. For: Title: Date- EEO COMPLIANCE DOCUMENTS- 1 of 3 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prune contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By- For: Title: Date: L i EEO COMPLIANCE DOCUMENTS-3 of 3 Exhibit A P R 0 D u C T I V N S'- 1401 S. Youngfield Court Lakewood, Colorado 80228 Pb (303) 988-2200 FAX(303) 988-1878 PORTABLE STAGE PUR CHASE AGREE3IENT IDate: 8/17/05 Purchaser Information Name: City of Kent 220 4ch Avenue South Kent WA 98032 Phone: 253-856-5100 Fax: 253-856-6050 Stage Purchase Price: 574,558.00 Delivery & Training to Kent, WA: $3,575.00 Total price: $78,133.00 Payment: 578,133.00 payable to Marshall Austin Productions,Inc. to be mailed upon delivery. Delivery date: on or about 1211105 Delivery Location: TBD Product Specifications: MAP24D plus eight additional stage extensions. PURCHASE OF PORTABLE STAGE DESCRIBED ABOVE IS SUBJECT TO THE TERMS AND CONDITIONS AND LINIITE14 WARRANTY ON THE FOLLOWING PAGES. EXHIBIT B INSURANCE REQUIREMENTS Insurance The Vendor 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 products and materials supplied to the City. A. Minimum Scope of Insurance Vendor shall obtain insurance of tine type described below. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover products liability The City shall be named as an insured under the Vendor's Commercial General Liability insurance policy using ISO Additional Insured-Vendors Endorsement CG 20 15 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Vendor shall maintain the following insurance limits. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a$2,000,000 products liability aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Vendor's insurance coverage shall he primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Vendor's insurance and shall not contribute with it. 2. The Vendor'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 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 Vendor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencnna the insurance requirements of the Vendor before goods, materials or supplies will be accepted by the City. Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: DEPARTMENT OF NATURAL RESOURCES GRANT FOR SE 240TH STREET TREE PLANTING PROJECT ACCEPT AND AMEND BUDGET I2. SUMMARY STATEMENT: Accept the Community Forestry Assistance Grant of $9,503 from Washington State Department of Natural Resources (DNR) to fund the SE 240`" Street Tree Planting Project, and approve the expenditure of funds in the Street Tree Replacement budget. Park staff applied to the DNR Community Forestry Assistance Grant program for the SE 240`h Street Tree Planting Project. 59 Desert Ash and 39 Amanogawa Cherry trees will be planted in late October and early November on the north and south sides of SE 2401h Street between 1 16`h and 132°d Avenue The trees will be planted in the sidewalk "cut-out" approximately 3 —4 feet behind the sidewalk edge to ensure that the roots will not disturb the sidewalks or curbs The planting will be handled by the Parks Street Tree Crew, as will watering and maintenance. 3. EXHIBITS: DNR award letter and grant agreement FY05-204/K244-040-4(2) 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 X Revenue? -X Currently in the Budget? Yes No X If no. Unbudgeted Expense. Fund P20044 Amount $9,503 00 Unbudgeted Revenue: Fund P20044 56710 Amount $9,503 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6T hl, PA WASHINGTON STATE DEPARTMENT OF tT DOUG St1THERLAPID ral Resources Commissioner of Public Lands iAugust 9,2005 Quientin Poil Kent Parks&Recreation and Community Development L 220 4th Avenue S Kent,WA 98032 RE. Community Forestry Assistance Grant Agreement#FY05-204IK244-04-004(2) Dear Iy .Poll: Enclosed is your community forestry assistance grant agreement(two copies). Please review and have both copies signed by the appropriate authority, and return both to me for the DNR Division Manager's signature The agreement is effective upon the DNR Dn'ision Manager's signature Please read your agreement, particularly Attachment B Attachment B contains the application you submitted The project time line and deliverables detailed in your application are what we will use to measure the success of your project You will be expected to complete the deliverables as outlined to the grant contract by the completion date of December 31,2006 Additional time has been given to ensure successful completion of the project. If, during the grant period,you need to alter your project or submitted budget,please call me before you allocate funds for changes All agreement changes must be approved prior to reimbursement. If you need assistance on any aspect of your urban forestry project,please don't hesitate to call us. We will be more than happy to help facilitate your project in any way we can to insure that it is a success. We will contact you in the coming month to schedule a meeting with you to explain the reimbursement process and answer any questions In the meantime, if you have any questions about the agreement, please feel free to contact me at(360)902-1704, or Jodi Luedecker at(360) 902-1324. Stncetely yours, , L' f F C r �/ -Sarah Griffith Program Coordinator Urban and Community Forestry SG:vl Enclosure L e file RESOURCE PROTECTION DIVISION 1 III I WASN4NGTON>T SE 1 PO 13OX47037 1 OLYMPIA,WA 98504-703-1 TEL (360)902-1300 1 FAX (360)902-1757 1 TTY (3601 90 2-1 1 2 5 Equal Opportunity Employer RECYCLED PAPER RO STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands KENT PARKS & RECREATION AND COMMUNITY DEVELOPMENT Agreement No FY05-204/K244-04-004(2) CFDA Number 10.664 iUSDA Forest Service This agreement is made and entered into by and between Washington State Department of Natural Resources, P.O Box 47037, Olympia,Washington 98504-7037, hereinafter referred to as the DNR, and Kent Parks & Recreation and Community Development, 220 4th Avenue S, Kent, WA 93032, hereinafter referred to as the Grantee, for the express purposes set forth in the following provisions. In consideration of the terms, conditions and covenants contained herein, or attached and incorporated and made a part hereof. the parties mutually agree as follows: SECTION 1 SCOPE OF ACTIVITY UNDER GRANT AGREEMENT 1.01 The Grantee will perform the work outlined in the following documents: Deliverable Summary Worksheet ( Attachment B), original budget, application and Attachment C (modifications to deliverables)., if incorporated. 1.02 The Grantee shall produce a mid-report, and a final report summarizing work perfornted and evaluating the perforniance and results of this agreement. All deliverables required under this agreement must be delivered to the grant manager. All oral reports required under this agreement must be presented at the location requested by the DNR. 1.03 The Grantee shall complete all specified activities including submission of reports,and/or other required documentation within the tmne periods set forth in the agreement. Failure by the Grantee to make satisfactory progress toward completion of the activities or project 1 within the time lines specified in this agreement shall be considered a material breach and shall be grounds for immediate termination of this agreement by the DNR Tlie DNR has sole discretion to determine whether the Grantee is making satisfactory progress on the Lactivities or project. Page i of 9 Agreement No FY05-204/K244-04-004(2) SECTION 2 CONDUCT OF WORK `The Grantee shall furnish all necessary qualified personnel,material, and equipment, and manage and direct the same to timely complete the work described in this agreement. SECTION 3 PERIOD OF PERFORMANCE 3.01 Commencement Date: Subject to its other provisions, the period of performance under this agreement shall commence upon final execution by both parties. 3.02 Completion Date: This agreement shall terminate on December 31, 2006,or when all of its terns and conditions have been satisfied, whichever is earlier, unless sooner terminated as provided herein. SECTION 4 RIGHTS AND OBLIGATIONS Attachment A contains the General Terms and Conditions governing the activities to be performed under this agreement,the nature of the working relationship between the DNR and the Grantee, and specific obligations of both parties. All rights and obligations of the parties to this agreement shall also be subject to and governed by: the application form, deliverables, and original budget work-sheet, each incorporated by reference herein. SECTION 5 GRANT DISBURSEMENT AND PAYMENT 5.01 Amount of Grant. The total grant shall not exceed $9,503, and will be disbursed upon satisfactory completion of timely deliverables as described on the deliverable page and in compliance,Aith all agreement terms. Grant disbursement shall be on a cost reimbursement basis for costs incurred in the perfonmance of this agreement. 5.02 Time of Disbursement Disbursement shall be considered timely if made by the DNR within 30 days after receipt of properly completed invoice vouchers. Disbursement shall be sent to the address designated by the Grantee. The DNR may, in its sole discretion, terminate the agreement or withhold disbursements claimed by the Grantee if the Grantee fails to satisfactorily comply with any terin or condition of this agreement or if USDA Forest Service federal funding which the DNR receives is no longer available 5.03 Metbod of Disbursement. Requests for disbursement under this agreement shall be submitted by the Grantee on invoice vouchers prepared in the manner prescribed by the DN`IZ These vouchers shall r tic Iude such information as is necessary for the DNR to determine the exact nature of all expenditures. Each voucher will clearly indicate that it is for activities under this agieement. Requests for disbursement shall be submitted to the DNR grant manager. Page 2 of 9 Agreement No FY05-204(K244-04-004(2) r L 5.04 Expenses No additional requests for costs or expenses are allowable All costs and expenses associated with the Grantee fulfilling the tenns and the agreement's conditions are included in the grant's amount stated in section 5.01 and no additional disbursements shall be made under this agreement. 1 5.05 Recapture Provision. In the event the Grantee fails to expend funds in accordance with any federal or state law or regulation or the provisions of this agreement, the DNR reserves the right to recapture funds in the amount equivalent to the amount of noncompliance. Repayment by the Grantee of funds under this section shall occur within 30 days of demand. 1 SECTION 6 FEDERAL SUBCONTRACT When the DNR is passing federal funds to the Grantee, the Grantee will be considered a"sub recipient." Sub recipient shall: 6.01 Adhere to the federal Office of Management& Budget guidelines and to other applicable federal and state regulations. 6.02 Have audits made in accordance with Office of Management and Budget(OMB) Circular A-133 if the sub recipient receives federal assistance, in total from all sources, of$500,000 or more. The sub recipient must: 1. Forward a copy of the Data Collection Form as required in OMB circular A-133 within 30 days after completion of the Federal Single Audit to the DNR. 2. If the audit reveals findings and questioned costs relating to Federal awards passed through from DNR, forward a copy of the State Auditors audit, along with the sub recipient response and the final corrective action plan as approved by the State Auditor's Office to the DNR within nine months after the end of the audit period. 6.03 Provide access to grant/financial records for inspection by the DNR or by any duly authorized audit representative of the state of Washington for a period of at least three years after the final grant payment or any dispute resolution. SECTION 7 ACCEPTANCE Disbursement shall be payable to the Grantee only upon completion of agreement by the Grantee, and acceptance by the DNR If a deliverable is not acceptable to the DNR, the DNR shall within ten (10)working days from receipt,notify the Grantee in writing of the nature of the defects m the deliverable and any proposed remedy. The Grantee shall respond to this notice in wining within ten (10) woi king days specifying action to be taken so as to permit acceptance by the DNR. Page 3 of 9 Agreement No FY05-204lK2)44-04-004(2) SECTION 8 PERFORMANCE REPORTING The Grantee shall submit a mid progress report to the DNR by March 31, 2006. This report shall address any adveise conditions that have affected the pioject oUlectives and/or time schedules, and include action taken to resolve the matter. The Grantee shall also tmniediatety contact the DNR grant manager in person or by fax or by telephone should any adverse conditions arise. The final report is due to the DNR upon completion date as specified in Section 3.02, SECTION 9 GRANT MANAGER The grant manager for the Grantee is: The grant manager for the DNR is: i Quientin Poll Sarah Griffith, Program Coordinator Kent Parks &Recreation Urban &Community Forestry and Community Development Washington Department of Natural Resources 220 4th Avenue S P.O. Box 47037 , Kent, WA 95032 Olympia,WA 98504-7037 253-856-5127 360- 902-1704 SECTION 10 SIGNATURES Dated 120_ KENT PARKS & RECREATION AND COMAiUNITY DEVELOPMENT By. r Title: STATE OF WASHINGTON , DEPARTMENT OF NATURAL RESOURCES Dated 20_ By: , Mark Kahley Title: Division Manager Approved As To Form , By Maryanne McGovern The Assistant Attorney General State of Washington Page 4 of 9 Agreement No FY05-204/K244-04-004(2) ATTACHMENT A GENERAL TERMS AND CONDITIONS SECTION I IDENTIFICATION 1 The Grant Agreement Number must appear on all documents, correspondence, invoices and all other Nwitten material submitted or prepared in conjunction with this agreement. SECTION 2 INDEPENDENT CAPACITY OF GRANTEE The Grantee and its employees or agents performing under this agreement are not employees or agents of the DNR The Grantee will not represent itself nor claim to bean officer or employee of the DNR or of Washington State by reason hereof, nor will the Grantee make any clam) of right, privilege or benefit which would accrue to an employee under Washington lave SECTION 3 DEDUCTION The DNR shall make no deductions from the stated amount of the grant for income tax, social I security taxes, medical insurance, mdustnal insurance, license fees or deduction of any other kind Grantee is responsible for all deductions for which the Grantee maybe liable. SECTION 4 RETENTION OF RECORDS The Grantee shall maintain books,records, documents and other materials,which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement These materials shall be available at all reasonable times for inspection, review, or audit by personnel duly authorized by the DNR, and state or federal officials so authorized by law,rule,regulation or contract. The Grantee will retain these materials for three (3) years after settlement or termination. If any litigation, claim or audit is started before the expiration of the three (3)year period, the records shall be retailed until all litigation, claims, or audit findings involving the records have been resolved. SECTION 5 RIGHTS OF INSPECTION The Grantee shall provide right of access to its facilities to the DNR or any of its officers, or to any other authorized agent or official of Washington State or the federal government at all reasonable times,in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement. Page 5 of 9 Agieement No PY05-204(K244-04-004(2) SECTION 6 TREATMENT OF ASSETS Title to all property furnished by the DNR shall remain in the DNR. Any property of the DNR L furnished to the Grantee shall, unless otherwise provided herein or approved by the DNR, be used only for the performance of this agreement_ The Grantee shall be responsible for any loss or damage to property of the DNR which results from the negligence of the Grantee or which results from the failure on property,the Grantee shall notify the DNR thereof and shall take all reasonable steps to protect that property from further damage. The Grantee shall surrender to the DNR all property of the DNR prior to settlement upon completion, termination or cancellation of this agreement. SECTION 7 CLOSE OUT The Grantee must submit all requests for reimbursement for activities under this agreement to the DNR so that they are received no later than thirty(30) days following the termination of this agreement_ If an earlier date is specified in this agreement, the earlier date shall take precedence. SECTION 8 NON-DISCRIMINATION During the performance of activities under this agreement, the Grantee shall comply with all federal and state non-discrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any non-disci minatiom law, regulation, or policy, this agreement may be rescinded, cancelled or terminated in whole or in part, and the Grantee may be declared mehgible for further agreements with the DNR. SECTION 9 ASSIGNABILITY This agreement, and any claim arising under this agreement, is not assignable or delegable by the , Grantee either in whole or in part. SECTION 10 SUBCONTRACTING The Grantee may enter into subcontracts consistent with requirements set forth in the original application SECTION 11 DISPUTES Except as otherwise provided in this agreement, any dispute concerning this agreement which is not settled by the parties shad be decided by the DNR's division manager who shall reduce his/her decision to wntuig and furnish a signed copy to the Grantee. The decision of the division manager shall be final and conclusive unless, within thirty(30) days from the receipt of such copy, the Grantee mails or otherwise furnishes to the division manager a written appeal. A DNR Page 6 of 9 Agreement No FY05-204/K244-04-004(2) r supervisor will decide the appeal. The decision of the supervisor, or duly authorized representative, for the deternrmation of such appeal shall be final and conclusive The Grantee does not hereby waive any right to seek review of the DNR's decision The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. However, such further review shall be sought only in the Superior Court of Thurston County. Pending Fnal decision of a dispute hereunder, the Giantee shall proceed diligently with the peiforinanee of the agreement and in accordance with the decision rendered by DNR SECTION 12 TER,NIINATION FOR FUNDING REASONS The DNR may unilaterally terminate this agreement in the event that finding from federal, state or other sources becomes no longer available to the DNR, or is not allocated for the purpose of meeting the DNR's obligation hereunder. Such action is effective when the DNR sends written notification ofternination. SECTION 13 TERMINATION FOR CONVENIENCE The DNT may terminate this agreement in whole or in part by written notice to the Grantee when it is in the best interest of the DNR. If this agreement is so terminated, the DNR shall be liable only for disbursements in accordance with the terns of this agreement for activities completed prior to the effective date of termination. SECTION 14 INDEMNIFICATION ' The Grantee shall defend, protect and hold hannless Washington State, the DNR or any officers or employees thereof, from and against all claims, suits or actions arising from the Grantee's acts or omissions which are libelous or slanderous, result in injury to persons or property, violate a right of confidentiality, or use or reproduce material of any kind which constitutes an infringement of any copyright, patent, trademark or trade name. SECTION 15 PUBLICATION RIGHTS, AND RIGHTS TO DATA, PATENTS AND INVENTIONS 1 The Grantee shall not publish any of the results of the grant work without the advance written permission of the DNR_ Said requests will not be unreasonably withheld and will be answered within thirty(30)days of receipt of said request by the DNR. Unless otherwise provided, data, which originates from this grant shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall he owned by the DNR Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books,magazines, surveys, studies, computer programs, films, tapes, and/or sound ieproductions. Ownership includes the right to copyright,patent, register, and the ability to transfer these rights Data which is delivered under the agreement, but which does not originate there from, shall be transfen-ed to theDNR with a nonexclusive, royalty-free irrevocable license to publish, translate, Page 7 of 9 Agreement No PY05-204/K244-04-004(2) reproduce, deliver,perform, dispose of, and to authorize others to do so: provided,that such license shall be limited to the extent to which the Grantee has a right to grant such a license. SECTION 16 INDUSTRIAL INSURANCE COVERAGE The Grantee shall provide or purchase any necessary industrial insurance coverage prior to , performing activities under this agreement The DNR w ill not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Grantee or any agent or employee of the Grantee, which might arise under industrial insurance laws dunng performance ' of activities underthis agreement. SECTION 17 LICENSING, ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this agreement. SECTION IS COMPLIANCE WITH LAW ' The Grantee shall comply with all federal and state laws relating to this agreement. SECTION 19 CONFIDENTIALITY ' Grantee shall not disclose to any third party any proprietary or confidential information received from the DNR, or acquired during the course of activities under this agreement and shall not use for its own benefit or that of others, any such mfonnation,whether developed in the course of this agreement or derived from the DNR, except as may be authorized by the DNR in writing All information developed in the perforniance of this agreement shall be considered the DNR's proprietary infonatation. SECTION 20 GOVERNING LAW The laws of Washington State shall govern this agreement. In the event of an inconsistency in , this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order• 1. Applicable federal and state statutes and regulations; 2. The Special Terns and Conditions as contained in the main agreement; 3. The General Terns and Conditions as contained in this Attachment A; 4. Any statement of scope of activities attached hereto and incorporated by reference herein; and 5. Any other provisions or attachments of the agreement whether incorporated by reference or otherwise Page 9 of Agreement No FY05-204/K244-04-004(2) SECTION 21 ,IURISDICTIONlVENUE This agreement shall be construed and interpreted under the laws of Washington State and the venue of auy action brought under this agreement shall be in the Superior Court for Thurston County The Grantee,by execution of this agreement, acknowledges the jurisdiction of the courts of Washington State in this matter. ' SECTION 22 WAIVER A failure by the DNTR to exercise its rights shall not constitute a waiver of any rights under this agreement unless stated to be such in writing signed by an authorized representative of the DNR and attached to the original agreement. SECTION 23 ENTIRE AGREEMENT ' This document contains all covenants, stipulations and provisions agreed to by both parties. No agent or representative of either party has authority to make, and the parties shall not be bound by or be liable for,any statement, representation, promise or agreement not set forth herein, except for extension of the completion date No changes, amendments or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this agreement Extensions of the completion date are valid if in writing and signed by an authorized ' representative of the DNR. ' SECTION 24 SEVERABILITY If any provisions of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. Page 9 of 9 Agreement No FY05-204IK244-04-004(2) ATTACHMENT 13 Deliverable Summary Worhsheet Applicant . Dent Parks, Recreation and Community Services Project Name : 240"' Street Tree Planting Protect t 1. Assign street tree staff to perform the work in October 2. Order trees In fcbniary from Pacific Plants ?Mark areas where trees are to be planted 4. Schedule equipment for October 2005 , 5 Receive trees and plant 6. Conduct three year watering system establishing the trees 7. Provide maintenance threw life of tree. S. CeIebrate!!! t Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: REI DONATION FOR EAST HILL SKATE PARK— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the donation of$14,306 from REI to fund climbing features at East Hill Skate Park, and authorize the expenditure of funds in the East Hill Skate Park budget Park staff met with Recreational Equipment, Inc. (REI) and requested technical and funding assistance for the climbing features at the East Hill Skate Park (currently under construction) REI awarded a S14,306 check to the Kent Parks Foundation for design and installation of the rock climbing boulder. Kent Parks Foundation presented a gift of$14,306 to the City for the East Hill Skate Park project, funded by the donation from REI. 3. EXHIBITS: REI award letter 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X ' Currently in the Budgets Yes No X If no: ' Unbudgeted Expense: Fund P20045 Amount S14,306 00 Unbudgeted Revenue: Fund P20045 56718 Amount S 14,306 00 ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6U Qualify Outdoor Gear and Clothing Since I938 July 1, 2005 Dave Everett Kent Parks Foundation P.O. Box 26 Kent, WA. 99035 Dear Dave, I am pleased to inform you that you have been awarded the enclosed check in the amount of$14,306 to be used to support the design and installation of the lock climbing boulder REI is cornmitted to protecting the outdoors for recreation and supporting programs that promote safe participation in outdoor recreation. Your project closely all glis with our goals, and we would like you to keep us informed of your progress acid achievements. I atso ask that you work with our Public Affairs team at REI headquarters to help share the success of your project and of ganization with other REI members across the country. David Jayo is our corporate giving n-ianager and can be reached at (253) 395-5928. I look forward to working with you and involving our store and members in your work! Thank you for including REI in your efforts. Sincerely, Matt Kern,,, Store Manager cc: David iayo, Corporate Giving Manager RECREATIONAL EQUIPMENT, INC tKent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION GRANT FOR EAST HILL SKATE PARK — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the grant of$50,000 from the Interagency Committee for Outdoor Recreation for East Hill Skate Park improvements, approve the expenditure of funds in the East Hilt Skate Park budget, and authorize the Mayor to sign the agreement, upon review by the City Attorney. Park staff applied to the Interagency Committee for Outdoor Recreation (IAC) for funds to provide improvements to the one-acre of land donated by Arbor Village for the East Hill Skate Park project Improvements will include a walking trait, raised garden beds, benches and picnic tables. 3. EXHIBITS: IAC Award letter and grant agreement #04-1419C 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenues X Currently inthe Budget? Yes No X If no: ' Unbudgeted Expense: Fund P20045 Amount $50,000.00 Unbudgeted Revenue. Fund P20045 53405 Amount $50,000 00 ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6V Interagency Committee for Outdoor Recreation ,'f;n ;,i Salmon Recovery Funding Board aiiit. 3601902-3000 ���� ��= 3CO3'902-2636 7'i; 360/902-3026 (fax) ��_ 360,`902-3020 (fax) email mfo�a iac wa gov �� email salmonCc iac wa gov STATE OF WASHINGTON OFFICE OF THE INTERAGENCY COMMITTEE 1111 Washington Street SE PO Box 40917 Olympia WA 98504-0917 August 19, 2005 Perry Brooks Kent Parks, Rec& Comm Sery 220 4th Ave S Kent, WA 98032-5895 RE- East Hill Skatepark Expansion, IAC#04-1419C Dear Mr Brooks Congratulations on your successful application for the East Hill Skatepark Expansion project Your protect is administered by the Interagency Committee for Outdoor Recreation (IAC) Enclosed are two original sets of protect agreement materials Each set contains the Protect Agreement, Milestone Report, Eligible Reimbursement Activities Report, and an Invoice Voucher Also enclosed are policy manuals for reference as you implement your protect and seek reimbursement After reviewing your Protect Agreement materials, please have the appropriate person sign each Protect Agreement and return one signed original Once the Protect Agreement is signed and returned, the East Hill Skatepark Expansion protect can commence Prompt implementation and completion of your protect is extremely important and will ensure the continuing success and credibility of the Washington Wildlife and Recreation Program by demonstrating effective results to citizens and policy makers We encourage you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefits As a way of assisting you in that effort, enclosed is a suggested news release for your use Acknowledging the assistance provided by this grant program helps increase the public's ' understanding of the value the funding provides to communities Please notify your IAC protect manager of any event celebrating your project's beginning or completion As always, staff is available to answer questions that may arise during protect implementation. If you need assistance, please contact Darrell Jennings at (360)902-3020 or darreilj@lac wa gov Thank you again for helping make this valuable investment in Washington State's recreation, conservation, and natural resources ' Sincerely, Laura E Johnson Director Enclosures AGRECVR RPT ~? WWRP Project Agreement Outdoor Recreation Account I Project Sponsor: City of Kent Project Number: 04-1419C Project Title: East Hill Skatepark Expansion Approval Date: 5/3/2005 A. PARTIES OF THE AGREEMENT This Project Grant Agreement(Agreement)is entered into between the Interagency Committee for Outdoor Recreation (IAC), P.O. Box 40917, Olympia,Washington 98504-0917 and City of Kent,220 Fourth Ave S, Kent,WA 98032-5895(Sponsor)and shall be binding upon the agents and all persons acting by or through the parties B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington's General Fund The grant is administered by the IAC to the Sponsor for the project named above C. DESCRIP77ON OF PROJECT The subject Project is described on the attached Project Summary. - D. TERM OF AGREEMENT The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this Agreement E. PERIOD OF PERFORMANCE L The Project reimbursement period shall begin on August 26, 2005 and end on December 31,2006.No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement F. PROJECT FUNDING The total grant award provided by the IAC for this project shall not exceed$50,000 00. The IAC shall not pay any amount beyond that approved for funding of the project The Sponsor shall be responsible for all total project costs that exceed this amount The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below Percentage Dollar Amount IAC -WWRP - Local Parks 50 00% $50,000.00 Project Sponsor 50 00% $50,000 00 Total Project Cost 100 00% $100,000 00 iG. RIGHTS AND OBLIGATIONS Ali rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, Legal Description, and the General Provisions, all of which are attached hereto and incorporated herein Except as provided herein,no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing All such alterations, except those concerning the period of performance, must be signed by both parties Period of performance extensions need only be signed by IAC's Director. The Sponsor has read,fully understands and agrees to be bound by all terms and conditions as set forth in these documents W W RP Protect Aqreement Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 1 of 2 PRO,IAGR RPT H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND IAC POLICIES This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 79A 15 RCW, Chapter 286 WAC and published agency policies,which are incorporated herein by this reference as if fully set forth. 1. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS (none) J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Contact IAC Name. Perry Brooks Interagency Committee for Outdoor Recreation Title. Natural Resources Building Address* 220 4th Ave S PO Box 40917 Kent, WA 98032-5895 Olympia, Washington 98504-0917 www.iac.wagov/iac/ These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement, along with all attachments,constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project#04-1419C, shall be effective upon signing by all parties. STATE OF WASHINGTON INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION BY: �(��M — `— DATE: <� z Laura E. Johnson, Director PROJECT SPONSOR BY: DATE: TITLE: Pre-approved as to form. BY: /S/ Assistant Attorney General WWRP ProlectAgreement Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 2 of 2 PROJAGR RPT r� Comanm��r_ Washington Wildlife and Recreation Program 'OUTDOOR Local Parks Category RECRERTION post-Evaluation Project Summary TITLE: East Hill Skatepark Expansion NUMBER: 04-1419C (Combined) STATUS: Board Funded SPONSOR: City of Kent EVALUATION SCORE: 50.6667 BOARD RANKING. COSTS: SPONSOR MATCH: W W RP- Local Parks $50,000 50% Appropriation \Cash Local $50,000 50% Donated Land Total $100,000 100% DESCRIPTION' The expansion of the Kent East Hill Skatepark, aka East Hill"X" Park, is the result of a unique public/private partnership between the City of Kent and the owners of an adjacent assisted living housing complex to expand the proposed two acre skatepark and create a multi-generational community park. This additional acre of donated land will allow staff to design areas that will expand the exiting two acre site and provide additional amenities that will reach across generational borders and be used by the entire Kent community, seniors living in the facility and their families Additional amenities include, age appropriate climbing rocks, walking trail, raised garden areas, lawn bowling, bocce ball, gazebo and additional benches and picric tables LOCATION INFORMATION- The project site is located on the east hill of Kent in King County. COUNTY: King SCOPE (ELEMENTS): Administrative costs Landscaping Shelters Architectural & Engineering Park Amenities Trails Fencing & Gates Park Furniture Incidentals Sales Tax ANTICIPATED ACREAGE: Acres To Acres To Acres To ACREAGE TYPE Be Acquired Be Developed Be Renovated Uplands 1 00 300 FISCAL YEAR- 2006 DATE PRINTED: August 19, 2005 IPAPSUMI RPT Ea¢t Hill Rkafannrk Fvnancinn � (nccragerry �, G rmnrvterf r ;OUTDOOR Legal Description �'%=�'�RECRERTiON Project Sponsor: City of Kent Project Number: 04-1419 C Project Title- East Hill Skatepark Expansion IAC Approval: 05/03/2005 Legal Description The legal description of the property purchased with funding assistance provided through this Project Agreement(and protected by a recorded Deed-of-Right) shall be amended into the Project Agreement prior to reimbursement of the first payment LEGALDSC RPT August 19,2005 *,lnrrragrruy Commrt2rr fnr OUTDOOR Eligible Eligible Reimbursement Activities Report 1 '�'flECflEfliI�N Project Sponsor: City of Kent Project Number: 04-1419 C Project Title: East Hill Skatepark Expansion IAC Approval: 5/3/2005 Acquisition Items: Items Elements _ _ Unit _ _ Quantity ___Descripton __ - -------- ---------- —-------------- ---------- Administrative costs Appraisal and review Recording fees IDevelopmentlRestoration Items: Items_ Elements Unit — Quantity Description Architectural& Engineering A&E development Lump Sum 1 00 Fencing&Gates Fencing-chain fink Linear Ft 20000 6 feet vrnyt Landscaping Grass-hydro seed Acres 050 Landscaping Irrigation-automatic for shrubs/planters Sq Ft 60000 Landscaping Raised beds Sq Ft 25000 Landscaping Trees/shrubs Lump sum 15000 Park Amenities Climbing wall Lump sum 300 Age appropriate climbing boulders Park Furniture Benches Each 700 Along new trail Sates Tax Sates Tax Lump Sum 100 Shelters Picnic Each 1 00 Combined with restroom Traits Trails-concrete Linear Ft 60000 5 feet wide i i 1 i i ELIGREIM RPT August 19,2005 Page: 1 � (at.ntgntry r� unn10191q I Milestone Report By Project ouT000R ��"flECHEflTION Project Number: 04-1419 C Project Name: East Hill Skatepark Expansion Sponsor: Kent City of IAC Project Manager: Darrell Jennings X I Milestone Target D. Cornments/Description X I RFP Complete/Consultant Hired 1 210 1/2004 X I Purchase Agreement Signed 03/15/2005 X I Acquisition Closing 05/15/2005 X I A&E Complete/Permits Submitted 06/01/2005 X Plans & Specs Reviewed by IAC 06/30/2005 Protect Start 08/2612005 Bid Awarded 09/20/2005 Recorded Documents to IAC 09/30/2005 I Construction Started 10/01/2005 I Project Complete 12/3112006 Final Docs & Billing to IAC 03/31/2007 X=Milestone Complete 1 =Critical Milestone i I f 1MILESTORPT A......... .n �nnc - Press Release Template City of Kent offered grant to acquire and develop outdoor recreation facilities. (Kent)- City of Kent was awarded a grant of $50,000 from the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Local Parks category The grant was awarded by the Interagency Committee for Outdoor Recreation (IAC), and will be used for the following- The expansion of the Kent East Hill Skatepark, aka East Hill "X" Park, is the result of a unique public/private partnership between the City of Kent and the owners of an adjacent assisted living housing complex to expand the proposed two acre skatepark and create a multi-generational community park This additional acre of donated land will allow staff to I design areas that will expand the exiting two acre site and provide additional amenities that will reach across generational borders and be used by the entire Kent community, seniors living in the facility and their families Additional amenities include, age appropriate climbing rocks, walking trail, raised garden areas, lawn bowling, bocce ball, gazebo and additional benches and picnic tables. There were forty-eight applications submitted for consideration in the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Local Parks category Each project went through an evaluation process prior to being recommended for funding The IAC Board approved funding for projects on Tuesday, May 3, 2005 Funding for the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Local Parks category comes from the sale of state general obligation bonds City of Kent will leverage local contributions totaling $50,000 with grant monies to implement the project Total estimated project cost is $100,000 IAC is the state's administrator of the grant program. Contact Perry Brooks, (253) 856-5114 (sponsor project manager) Darrell Jennings, (360)902-3020, darrellj@iac wa.gov(IAC project manager) INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION FORM A-19 State of Washington Agency Name INVOICE VOUCHER Sponsor's Certificate I hereby certify under penalty of perjury that the items Interagency Committee for Outdoor Recreation and totals listed herein are proper charges for materials,merchandise or P.O Box 40917 services furnished and/or services furnished to the State of Washington, a Olympia, WA 98504-0917 that all goods furnished and/or services rendered have been provided witho discrimination because of age,sex, marital status,race, creed, color, national origin,handicap,religion or Vietnam or disabled veterans status Sponsor City of Kent BY 220 S Fourth Ave Kent,WA 98032-5895 (TITLE) (DATE) To Be Completed By Sponsor Project Number 04-1419 C invoice# I Billing Period This is a Final&ihn Project Name East Hill Skatepark Expansion 1 From To Yes( ] No Previous Expenditures To Date Costs For This Billing Project Non-Reimbursable Non-Reimbursable CATEGORIES- Agreement E enddures Match Total Expenditures Match Total Acquisition Land Incidentals Land/Inc Subtotal $1,650 00 Admin Costs $0 OD Acquisition Total $1,650 00 Development Construction $98,350 00 - ^ A3E $0 00 Development Total $98,350 00 TOTAL $100,000 00 FUNDING & EXPENDITURE FORMULA For IAC Use ONLY Agreement Information -_ Previous IAC Reimbursements Sponsor 50 00% $50,000.00 Total Billed IAC Federal: IAC Share Billed IAC WW RP-LP 50 00% $50,000 00 IAC Share Approved Advance Balance Match Owed Balance IAC Share Retained IAC Share Paid Agreement Total 100 00% $100,000 00 Match Bank Doc Date _ Current Doc No Ref Doc# ^ Vendor Number Vendor Message 0931 SWV0000552-00 04-1419 C Train Code Fund Appnindex Prop Index Sub Ob lSubSub Obj Project# Amount Invoice# 210 070 H03 92201 NZ 0931 1 Certification For Payment Proect Manaoertoate Release Final Prn rmmision Supervisor/Date AccouMmq/Date 1INVOICE RPT 8/19/2005 Current Funding I Kent City Council Meeting Date October 4, 2005 Category Consent Calendar I 1. SUBJECT: DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT GRANT FOR WILSON PLAYFIELDS ACQUISITION — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the grant of$200,000 from the Department of Community, Trade and Economic Development to reimburse the acquisition of the England property at Wilson Playfields, approve the expenditure of funds to the Land Acquisition budget, and authorize the Mayor to sign the agreement, upon review by the City Attorney. Park staff applied to the Department of Community, Trade and Economic Development (DCTED) and received a $200,000 grant to reimburse the purchase of property at Wilson Playfields, also known as the England property, located at 13028 251st Street in i Kent. 3. EXHIBITS: DCTED award letter and contract 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT I Expendtture'? X Revenue? X Currently to the Budget? Yes No _X If no• Unbudgeted Expense: Fund P20049 Amount S200,000 00 Unbudgeted Revenue- Fund P20049 53405 Amount $200,000.00 ' 6. CITY COUNCIL ACTION: Counctlmember moves, Counctlmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6W t STATE OF XVASHWGTON DEPARTMENT OF COM&AUNITY, TRADE AND ECONOMIC DWELOPIvIENT 126 - 10"Avenue SIV • PO Bo% 42525 • 01)nrpra, I4474unglmr 46 i0d-252S • O60) 72 7-4000 jJune 6,2005 IMs Lori Flemm Superintendent of Parks and Open Space City of Kent 220 4th Avenue South Kent, Washington 98032-5895 Dear Ms. Flemm: I am pleased to tnfor to you that the 2005-2007 Capital Budget recently signed into law includes$200,000 00 for the Wilson Playfield Land Acquisition project The Department of Community, Trade and Economic Development has been charged with administering yom giant through the Local Government Division's Capital Programs team The first step in receiving funds for your project is to complete and return the enclosed Contract Readiness Survey This will help us to identify the appropi late contact person in youi organization and pi iontize our work-load to best meet your project timeline The survey will ask you two key questions: • Do you have control of the project site through ownership or long-term lease? • If the state grant will not cover the total cost of the ptoject, have you secured the required funds from other sources to complete the project9 IYou'll need to answer"yes"to both of these questions before we can begin writing a contract Once the contract is executed—which takes about four weeks from the time you provide us with project information—you'll be able to draw down your funds by submitting reimbursement requests (see enclosed 2005-2007 Funding Guidelines). Funds may not become available until mid August or early September. This is because the Office of Financial Management (OFM) must enter the funds into the state's accounting system If your project is on a tight ttnnaline we will prepare your contract so that you can begin iecei�ing funds as soon as OFM completes its work In developing yout project budget, keep rn mind that we are authorized to retain up to three(3) pei cent for costs directly related to administering your grant. Congratulations on being awarded a state Grant We look forward to working with you as your project moves forward Please contact Danrei Aarthun at(360) 725-3007 or by email at dana feted wa.gov if you have any questions or need additional mfor matron Sincetely, Nancy K. Ousley Assistant Director Enclosures �J* 11 3, FAX 360 586 4162 2 16 STATE OF WASB3NGTON DEPARTMENT OF COMMUNITY,TRADE ANn ECONON 0C UE.VELOP%L TLNT LOCAL/COMMUNITY PROJECTS PROGRAM CAPITAL CONTRACT N(,M1 ER 06-96100 478 '11-115 CONTRACT, entered into by and between City of Kent to unit of local l ovemment hcreu aAer referred to as the CONTRACTOR), and the Washington State Department of Commuruty.. Trade and Economic Development(hereinafter referred to as the DEPARTMENT), WITNESSES THAT- WHEREAS,the DEPARTMENT has the statutory authority under RCW 43.330.050(5) to cooperate with and provide assistance to local govermuents, businesses,and community-based organizations,and WI- ER?✓AS, the DEPARTMENT is also given the responsibility to administer state funds and programs wWoh arc assigned to the DEPARTMENT by the Governor or the Washington State Legislature;and WffEREAxS,the Washington State Leglslat=has,in Laws of 2005,Chapter 488, Section 131,made an appropriation to support the Loc&Couununity Projects Proprwn, and directed the DEPARTMENT to administer those flunds,and W'I-IEREAS,the enabling legislation also stipulates that the CONTRACTOR is eligible to receive funding for acquisition,construction,or rehabilitation(a venture hereinafter referred;to m the"Project'). NOW, THEREFORE,in consideration of covenants,conditions,performances, and promises l:c t emalter contained,the parties hereto agree as follows: j I. FUND The fiords %warded to the CON'IRACTOR hereunder shall be a stun up to,but not to exceed$197,000,00, The DEPARTMENT has retained the amount of$3,000.00 for costs directly assmiated with managing the completion of this contract. f i z t ;a 0 ,9)� SAX :i64 586 4162 C J 2, aERVTCI PRE}VIBIONS a) Funds awarded under this contract shall be used solely and sp:cifically for capital construction costs associated with the Wilson Playfield Land A4glaisition,w contemplated in Lawi of 2005, Chapter 488, Section 131. b) The CONTRACTOR r�I perform in a ardance with tLe terms and conditions of this contract and the following attachments which,by this reference,are- :Wade a print of this contract: ATTACE1Iv1EI+T1'A(Proif:,Gt Budget) ATTACHMENT B (Certinc atiou of the Availability of Vunds to Complete the Project) A17ACfAEN'T C (Project Scope of Work) ATTACHMENT D (Certification of the Payment and Reportiag of Prevailing Wages) 3 SPEgAL—QOt 111C?^, it U ` hone. 4, CONTR4 �' ,1I1 a) The effective date of this contract shall bo the date of the last signature of the contracting parties. b) Unless terminated earlier pursuant to Section 9, 12,or 28,hereof. the termination date shall be dune 30, 2009. a) The release of swz funds under this contract is contingent upon the CONTRACTOR certifj^ing that it has expended or has access to funds tom non- state sources w set forth in ArFACHNIENT B (CERTIFICATION C?F TIM AVrUL,ABILTTY'OF F'UNT)S 'fO COMPLETE 11�PRO,rF,C'I),hereof Such non-state sources may consist of a combinaucn of any of the following; t) E..ablc PrOimt tipo iiluns prior to the execution of this contract. H) Cash dedicated to the Project. lit) Funds av&lable tluaugh a letter of credit or anther u�ingAM commitment(s). iv) Rled�es from fo 'o � or ccuvorat�gps, >:) Pledr s fiyzn individual dcrtors. i a F,4; OeO 586 4162 13J A,4i','6 j vi) lky-aluc of_te?alMmeM when acauircd solely for i r.pMMq es of this Project.as established and evidenced by a current!narket value appraisal performed by a licensed,professional real estate appmser,or a current property tax statement. The DEPARTMENT will not consider appraisals for prospective values of such property for the purposes of calculating he amount of non-state matching fund credit. vii) In-kina_p� subject to the DEPARTIN& V7"S approval. i b) The CONTRACTOR shall maintain records sufficient to evidence that it has ■ access to or has expended fiords form such non-state sources, and shall make such records available for the DEPARTMENT'S review upon reasonable request I5. �I?��ITT.TRES ELT(�113LE FOR REIIy�URSII4fENT' The CONTRACTOR may be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: a) Real property,when purchased or acquired solely for the purposes of the Project; b) Design, engineering,architectural, and planning costs; c) Project management costs(from external sources only); d) Construction costs including,but not limited to,the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment;and Landscaping. 7. HELMBURSEMENU PROVISIONS a) Payments to the CONTRACTOR shall be made on a reimbursement basis only. For the purposes of this contract,reimbursement shall be construed to,Wean costs incurred and paid,or costs incurred and payable within thirty(30)days. b) The DEPARTMENT shall reimburse the CONTRACTOR for one-hundred percent(100a/9)of eligible Project expenditurex, up to the maxuusuLa payable under this contract. When requesting reimbursement for costs incurred or expenditures wade,the CONTRACTOR shall submit to the DUART YIFNT a signed and completed Invoice voucher(Form A49),referencing the Project activity performed,and any appropriate documentation, The voucher must be 3 cortii'fied by an official of the CONTRACTOR with authority to bind the CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT "Wn fttteea(15)days followiztg tite compledon of work or other Wnnination of this contract. c) Each request for payment mast be accompanied by a Project Status Report,which describes, in narrative form, the progress made on the Project since the last invoice was submitted,as well as a report of Project status to &tc. The DEPARTMENT will not release payment for any reimbursement request received unless and until the Project Status Report is received, d) Auer approving the Invoice Voucher and Project Statics Report,the DEPA IMENT shall promptly remit a warrant to the CONTRACTOR. e) The CONTRACTOR shall not submit invoices more than once monthly. R. EVAI_UATIdN AND MONITORING a) The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation actin ties conducted by the DEPARTMENT that are pertinent to the intent of this contract,including periodic site vaspeenons. b) the CONTRACTOR shall pmvi&-the DEPk.RTIMENTT with photographs,either :card copy or electronically,which depict visually the progress made on the Project. Such photographs doll be submitted re the DEPARTMENT at the inception of the Project,upon 50 percent of completion,and upon completion,as applicable. c) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine du_mg normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary,all the CON F ACTOR'S records with respect to all ometMis covered!n this contract. , Such representatives shAil be permitted to audit, examine,and make excerpts or transcripu from such records and to make audits of all contracts, invoices, materials,payrolls,and twords of matters covered by this contract. Such rights last for six(6)years from the date final payment is made hereunder. 9. '�O!MjJCRMNATIQN PROWISION a) During the performance of this contract,the CONTRACTOR shad abide by all applicable federal and state nondlscrimination lace and regttlationii, including,but not limited to Chapter 49.60 RC'W (Washington', Law Against Discrimination) and 42 U.S.C. 12101 ot.seq. (the Americans With Disabilities Act [ADA]). 4 Yi, �13. =n65 33 FAX 36n 650 4162 6, 6 b) In the event of the CONTRACTOR'S noneoroplianct.or refusal to comply with any nondiscrimination law,regulation,ar policy Us contract may be rescinded, canceled, or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for hulher contracts with the DEPARTN F:NT. The CONTRACTOR shall,however,be given a reamnable time in which to remedy any such noncompliance. Any dispute may be resolved in accordance with the "Disputes'"procedure set forth in Section 23 of this contract. 10 CON 4C MQDiFICATION% The DEPA R`NMNT and the CONTRACTOR may, from time to time,desire to make changes to this contract. Any such changes that are; mutually agreed upon by the DEPA.RTW-NT and the CONTRACTOR shall be incorporated herein by writtea amendment, It is mutually agreed and understood that,except for the budget modifications described in Section 11 of this contract,no alteration or varlation of the 56 terms of this,contwt,shall be valid unless made in writing and signed by the parties hereto prior to implementation of the changes,and that any oral understanding or agreements not incorporated herein shall not be binding 100 11, MODIFICATIONS TO 1T-IE i'I &CT BUDGET a) Notwithstanding any od=provision of this contract, the CO:V IRAC'TOR may,at its discretion,matte modifications not to exceed ten percent(IQ%)of each line item in the Project Budget(Attachment A),hcroof. b) The CONTRACTOR shall notify the DEPARTMENT in writing prior to making any budget modification or modifications that would exceed ten percent(Ifte)of any budget tine item. Any such request shall require the written approval of the DBPARTMFNT,and any such modifications shall be made in writing and signed by both patties, and attached to the Project Budget(Attachment A),hereof c) Nothing in this aection shall be construed to permit an increase in the amount of funds available for the Project,as set forth in Section 1 of this,couttuct, i12. TERKEAnO OF CONTR ACT a) M through any Cause,the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this contract c r if the CONTRACTOR shall violate any of its covenants, agreements or stipulauons of this contract, the DF1'AR3NWN T shall tbereupon have the right to terminate This cGntrt;rt and withhold the remaining allocation if such default or notation is not com%;ted within twenty(20) days after the TIMPARTMENT`S submitting written uotlre to the CONTRACTOR describing such default or-isolation,Provided.that if more than twenty(20)days are required to correct any such default or violation and the 5 �c �� 58b 4tti^ al �iIF'_ � i� �.� FN1, :b N CONTRACTOR has initiated appropriate carte Live measures as reasona`t31y datertiained by the DEPARTMENT, the DEPARtMENT will not terminate thi, CONTRACT for such default or violation. b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing the other pasty with written notice of such termination, spoci fying the offective date themoc at least thirty(30)days prior to such date. e) In the event this contract is tmainated,the CONTRACTOR shall be reimhursed for eligible expenses incurred prior to the effective date of such termination and not otherwise paid for by the DEPARTINO.NT, as the DEPARI'M1wNT reasonabiv determines. d) In the event funds are not reappropriated for this Project in the 2007-2009 biennial budget,this contract sW tarm ute on June 30,2007. 13. 4000 �C�IAL PROVISION The DEPARTW ENT`S failure to insist upon the strict performance of any provision of this eoutract or to exercise any right based upon a breach thereof or the acceptance of any pezforrnanve during such breach,shall not wastituw a waiver of any right under this contract. 14, BUI D HAMALESS j al It is understood and agreed that this contract is solely for the benefit of the parries hereto and gives no right to any other party. No joint venture or partnership is Formed m a result of this contract. ,Each party hereto agrees to be responsible and assume liability for its own negligent acts or omissions, or those of itsofficers, agents„or employees to the fullest extern required by law,anti Agrees to save, indemnify, defend, and hold the other party harmless frum any such liability. In the case of negligence of more than one party.aay damages allowed shall be levied in proportion to the percentage ofuegligence attributabll-to each party,and each party shall have the right to seek contribution from the tither party iri proportion to the percentagt of negligence attributablo to the other party. b) This indemnification clause shall also appiy to any and all causes of action arising out of the performance of work activities under this contract. Each contract for services or activities utilizing fonds prv.vided in whole or in part by this contract shall include a provision that the DEPARTNIEN T and the state of Washington are not liable for damages or claims from damages arising from arty sabcoritrn,.;t.)i s perforce or activities under the terms of the contracts. z, 9 4j/2vU5 1 ' 35 FAk 360 5$6 4162 QJOU$iU76 c) The CONTRACTOR shall defend,indemnify and save the DEPARTMENT,its officers,and employees harmless, from and against any and all claims,including reasonable ammey fees,made by the CONTRACTOR,its subcontractors, their employees and subeonuaetors,and any other persons,relating to the payment or reporting of prevailing wages under RC W 34.03 or RC W 39.12 IS. RECAPn=U VISION In the event that the CONTRACTOR fails to expend state funds in accordanoe with state ' law and/or the provisions of this coatrut,the DEPARTMfiNT reserves the right to recapture state fiends in an amount equivalent to the extent of noncompliance. I Repayment by the CONTRACTOR of state funds under this recapture provision shall occur within thirty(30)days of demand. La the event that the DEPARTWNI T is required to institute proceedings to enforce this recapture provision,the DEPART' MNT shall be entitled to its cost thereof,including reasonable attorney's fees 16. W.NTRSHII'OF PROJECT/CAPITAL FACQ.TTIES The DEPARTMENT makes no claim to any real property improved or eonstavcted with funds awarded under this contract and does not assert and u911 not acquire any ownership interest in of title to the capital facilities and/or equipment constn,rtcd or purchased with stave-funds under this contract. This provision does not extend to claims that the DEPARTMENT may bring against the CONTRACTOR in wApturin:g fonds expended in violation of this contract. 17. &i~1�.AUQN&a BE`I_WEEN THE PA&MS The CONTRACTOR and its employees or agents performing under this contract are not deemed to be employees of the DEPARTMENT nor agents of rho DEF.kRTMENT in any manner whatsoever,nor will they hold themselves out as nor claim to be officers or employees of the DEPARTMENT or of the state of Washington hereof and xiit Dot make any claim,demand,or application to or for any right or privilege applicable to an officcr or employee of the DEPARTMENT or of the state of Washington. cclvEltNINr> Aw Arm v1v LM This contract shall be construed and enfbrred in accordance with,and the validity and performance hereof shall be governed by, the laws of the stare of Washington, Venue of any action at law between the parries arising out of this contract shalt be the superior court of Thurston County, W asbington. 7 i 38 F0 3Eo 588 4163 ,nng .li8 19 SE1'`ER.AF3lL>� In the event any term or condivon of this contract or application thoreo`to any perm or circumstanoes is held invalid, such invalidity shall not affect ether tetras, conditions,or applicutions of this contract that can be given effect without the invalid WTM, condition, or application To this end the terms and conditions of this contract are declared severable. 20. REWj.Q1LON IN FIBS In the event state funds appropriated for the work contemplated under this contract arc withdrnwn,redtwed,or limited in any way by the Governor or the Washington State Legzslaturc during the contract period,the parties hereto shall be pound by any s:tch revised fiinding limitations sa implemented at the discretion of the DEPARTMEN 1' alai shall meet and renegotiate the contract accordingly. 21, LN71U- -4-01 : This contract and all attachments hereto contain all the terror and condi?ions agreed upon by the parties. No other understandings, oral or cthcrAise,regarding the subject mutter of this contract and attachments shall be deemed to exist Or to bind any of the parties hereto. 22. MARN I23 ANL31?tJ$LICAITdNS a) If,during the period covcmd by this contract,the CONTRACTOR displays or cumulates,any convuuakation ter publication identifying the financial participants in the Project, any such communication or publicaL ion must identify the State of Washington n as a participant. la) The CONTRAM OR shall display a plaque In compliance-%ith the Lavis of 2405, Chapter 488,Section 131(3), subject to the DEPARTMENT'S approver. 23. lIsl}v_ Except as otherwise provided in this contract,when a bona tide dispute arises between the parties and it cannot be resolved through discttssinn and negotiation,either party mar request a dispute hearing, The parties shall select a dispute resolution team to resolve the dispute Tire dignte resolution team shall consist of a repre•seutauve appointed by the DEPARTNWNT, a representative appointed by tt n CONTRACTOR, uLd a tl',ird party mutually agreed}upon by both parties. the dispute resolution team ,hall attempt,by maienty vote,to resolve the dispute. The parties agree that thta dispute process shalt precede any action ui a judiciall or quasi-judicial setkng. t 1 . t 24 PREVAIL G WAGE L4W_ i he Project Amded under this contract may be subject to state prevailing wage Paw (Chapter 39,12 RCW). The CON LRACTOR is advised to consult the Washington Department of Labor and Industries and/or private counsel to determine whether prevailing wages must be paid. The DEPARTMENT is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wags payments that may be required by law, 25, CHANGE OF 0WNERSHM OR USE FOR CONTRACTOR-OWNED PROPERTY a) The CONTRACTOR understands and agrees that any and all roal property or facilities owned by the CONTRACTOR that are acquurd,constructed,or otherwise improved by the CONTRACTOR using state finds under this contract shall be held and used by the CONTRACTOR for the purpose or purposes stated elsewhere in this contract for a period of at least ten(10)years from the dare the final payment is made hereunder. b) This provision shall not be construed to prohibit the CONTRACTOR front selling any property or properties described in this section;Provided, that any such sale shall be subject to prior review and approval by the DEPARTMENT,and that all proceeds frcm such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this contmet. c) In the event the CONTRACTOR is found to be but of compliance with this section, the CONTRACTOR shall repay to the state general fund the pru4pal amount of the grant as stated in Section 1,hereof,plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility,was authorized Repayment shalt be made pursuant to Section 15 (Recapture provision), ' 26, t U&Lif- OF USE FOR LEASED PROPEL a) The CONTRACTOR understands and agrees that any facility leased by the CONT&ALCTOR that is constructed, renovated,or otherwise unproved using slate fronds uadtr this contract shall be used by the CONTRACTOR for the purpose or purposes stated elsewhere in this contract for a period of at least ten(1 U)years from the date the final payment is shade hereunder. b) In the event the CONTRACTOR is found to be out of compliance with this section,the CONTRACTOR shall repay to the state general fund the principal Imount of the grant as stated in Section 1,hereof,plus interest calculated at the rate of interest on state of Wailungton general obliganon bonds issued most 9 j,'_'GOi i 36 FAA A,, 336 41u� closely to the elective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 15 (Recapture, Provision). 27, WSTORICAL AND CI�rI UJIL L ARTIFACTS In the event that historical or cultural artifacts are discovered at the Project site during construction,the CONTRACTOR shall immediately stop construction and notify the local historical preservation officer and the state histoncal preservation officer at the Washington State Department of Archaeology and Histode Preservation 28, REaPROPRIATION a) The parties Hereto understand and agree that any state fonds not expended by June 30,2007,will lapse on that date unless specifically reappropriated by the Washington State Legislature. Iff nsds are so reappropriated,the state's obligation under the terms of this contract shall be contingent upon the teams of such reappropriation. b) Iu the event any funds awarded under this contract are reappropriate d for use m a future biennium,the DPPARTMBNT reserves the right to assign a reasonable share of any such rcappropriation for administrative costa. 29. SCJRVIVAL a) The terms and conditions contained in this contract that by their sense and context are intended to survive the termination of this contract,including Sections 14 (Hold Harmless), 15 (Recapture Provision), I S(Governing Law and Venue),22 (Signage,Markers and Publications),23(Dispute),25 (Change ofOwnaTsWp or Use for Contractor-Owned Property)and 26(Change of Use for Leased Property), Shall so survive. (Rest of page left blank intentionally) 3.0 1 ' 37 -nkX At, 5Fv 4152 i _ 30 Al hMUST12ATIOl�I a) Tha CONTRACTOR'S representative shell he Lori Flemmm b) Tice DEPARTMENT'S reprtwntative shall be Daniel AwItta. IN)XIT TSS wBMOF,tlse DEPARTMENT and the CONTRACTOR have executed this contract as of the data acid year written below. I Blancv K. Ckulov,Assistant Director Jim white, Mayor Local C'rcve'rnment Division City ofKent Department of Community.Trade, and Economic Development Federal Tax ID#: 41-6001254 Date' Date: ,kPPRQN'ED AS TO FORM; i .ksststxat Attorney Genera! Date; I i 1 ry tti:',,G J7 FAY ;;; Stag 4i62 ATTACIDaNT A PRORCI BUDGET Line Item _ _ A p%unt Site Acquisition —_ _-- $305,000,00 Appraisal'and Closing Costs $2,463.15 iotai Contracted Amount: 5302,Ab3.iS rho CONI'RAACTOR,by its signature,certifies that the Prujcci Budget set forth above has o".,j , reviewed and approved by the CONTRACTOR'S governing body or board of directors, as applicable, as of the date and year written below. CONTRACTOR Trri�; 12 37 -kX 3L0 539 4162 �^JG13r lc r r ATTACMIF20 H CERTUWATION OF THE AVAII.ABQ,ITY OF FUNDS TO COMPLETE THE PROJECT Ilion tFunds _ Amount Cit of Kent CYP Funds,2005 $108,000.00 ! City f Kent Ap aiaal and Closing Costs $2 463.15 , _ Total lion-State Funds $110 463.15 $110 463.15 5 Stain C ital B_wyt $197,000-00 1 Total Non-State and Stata Snurees LS307,453.15� ' CERTIFICATION I The CONTRACTOR,by its signature,certifies that Project funding from sources other than those provided by this contract and ldentifted above has either been expended for eligible Project expenses,or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract,as of the date and year written below. The CONTRACTOR shall maintain records suifietcat to evidence that it has expended or has access to the funds needed to wraplete the Project, and shall make such records available for the DEPARTMENT'S review upon reasonable request. CONTRACTOR �TITLE rBATE r i r 13 r r E E ATTACHMENT C PROJECT SCOPE OF WORK Proioc:t Saxrnmary Funk for ibis project will bo,wed ea acquite 0.3t acres of property"'went to the V6'iison s Playfield in Rent, WA, This iand will lee wed to expand the existing 11,19 acre park,adding'a picnic shelter, batting cages,anti grass. Proerty was aquired on March 21,21005, PTojest is solwduled to to compleud Summer of 2006. E E E E i E E 14 E 09ib91�C,�S i' 38 ... ... ... .... i G1S, ,�tB ATTACHMENT D CERTIFICATION OF THE PAYMENT AND REPORTING IOF PREVAILING WAGES C."ERMCATION The CONTRACTOR,by its signature, certifies that all contractors and subcontractors performing wrxk on the Project shall comply with prevailing wage rules set forth in Chapter 39.12 RCW, tneluding the filing of the"Statement of Intent to Pay. Prevailing Wages"and ".Affidavit of Wages Paid"as required by RCW-39.12,040, The CONTRACTOR shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW,and shall make such records available for the DEPART EN-Y'S review upon request. i I �► CON-17RACTOR TITLE DATE 1 1 i i 1 Kent City Council Meeting Date October 4, 2005 Category Consent Calendar 1. SUBJECT: OUTCOMES BY LEVY CONTRACT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement with Outcomes by Levy for 2006 government relations consulting services. I The City contracts with Doug Levy of Outcomes by Levy annually for government relations consulting services. The services provided by Mr Levy are the same kinds of lobbying services previously provided on critical City legislative issues and are outlined further in the agreement. The agreement is the same as in years past. The agreement calls for a monthly fee of$5,000, plus expenses. 3. EXHIBITS: Consultant services agreement j4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc ) I5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councrlmember seconds i DISCUSSION: ACTION: 1 Council Agenda Item No 6X ' OFFICE OF THE MAYOR Jim White, Mayor ' • Phone 253-856-5700 Fax 253-856-6700 KENT W w s N N(i T O N Address 220 Fourth Avenue S Kent, WA 98032-5895 Date: September 20, 2005 To Kent City Council Operations Committee From Mike Martin, Chief Administrative Officer Regarding: Annual Contract for Legislative Lobbyist Doug Levy MOTION: I move to recommend that the City Council authorize the Mayor to sign the contract agreement with Outcomes by Lery for lobbyist services in the calendar year of 2006, upon review by the City Attorney. SUMMARY: Since the year 2000,the city has contracted annually with Doug Levy of Outcomes by Levy, to provide lobbyist services for the city of Kent These services include the following activities ■ Assist with issue identification and meetings with Kent legislators prior to the Legislative Session ■ Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. ■ Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues ■ Assist with issue identification, opportunities for Kent, and advocacy- efforts with Kent's federal representatives. Assist with pursuit of funding for Kent projects, particularly at the state and 1 • federal levels. Mr Levy has proven himself to be extremely effective in advancing Kent's legislative agenda, and has accumulated a great deal of expertise and knowledge regarding the issues of importance to Kent EXHIBITS. Contract agreement and attachments I BUDGET IMPACT: The cost of this contract is not to exceed S60,000, the same as the cost of the 2005 contract That amount is included in the 2006 budget t t l • KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Outcomes by Levy THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Outcomes by Levy organized under the laws of the State of Washington, located and doing business at 15619 NE 62nd Place, Kenmore, WA 98028, 425-922-3999 (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. 1 Scope of Work: The following outlines the scope of work under this Agreement Specific work plans shall be developed mutually and reviewed on a regular basis ■ Assist with issue identification and meetings with Kent legislators prior to the Legislative Session ■ Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. • Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working I with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. ■ Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives ■ Assist with pursuit of funding for Kent projects, particularly at the state and federal levels. Reportinu and Communication: The Consultant shall communicate weekly with designated staff regarding work under this Agreement Monthly summaries of work completed shall be appended to invoices for payment. IConsultant 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 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 during the year 2006 and ending on December 31, 2006. CONSULTANT SERVICES AGREEMENT- 1 (Over S10,000) III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $60,000 for the services described in this Agreement, plus expenses as described below: The City shall reimburse the Consultant for expenses incurred while doing business on the City's behalf, which shall be limited to meals, parking, lodging, mileage at the State of Washington's standard reimbursement rate, phone calls attributable to City of Kent business, legislative session office space and expenses, and other travel and conference/meeting expenses where such attendance is directed by the City Where such expenses are incurred in connection with work on legislative or regulatory issues affecting the Contractor's other relevant clients, these expenses shall be pre-rated to maximum extent practicable 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 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 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 liability or legal exposure to the Consultant VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement. VIL 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, CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 424 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER 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 A attached and incorporated by this reference IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work Lunder this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of Iinspection 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. XIIL 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. CONSULTANT SERVICES AGREEMENT-3 (Over$]0,000) B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. ' C Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree to 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 to this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment Any assignment of this Agreement by either party without the written consent of , the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of 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 to operations covered by this Agreement or accruing out of the performance of those operations i CONSULTANT SERVICES AGREEMENT-4 (Over$'10,000) IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: ' By By: (signature) (signature) Print Name. Print Name Jim White Its Its Mayor (Title) (Title) DATE- DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Doug Levy Mike Martin Outcomes by Levy City of Kent ' 15619 NE 62nd Place 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 (425) 922-3999 (telephone) (253) 856-5710 (telephone) (425) 424-8921 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field,you may enter the electronic filepath where the contract has been saved] I 1 1 CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) 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 1, 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 day of 200. By. For: , Title: Date- EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY ' NUMBER: 1.2 EFFECTIVE DATE- January 1, 1998 ' SUBJECT: MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY- Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or tern-umation 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 Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement ' known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ i By: For: Title Date EEO COMPLIANCE DOCUMENTS-3 , ' EXHIBIT A PAYMENT SCHEDULE Invoices shall be submitted monthly for 1/12 of the annual contract amount and any relevant expenses as detailed in the contract. EXHIBIT B ' INSURANCE REQUIREMENTS No Insurance is required for this Contract. REPORTS FROM STANDING COMMITTEES A STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 3"°�h d"t @ y r F. PARKS AND HUMAN SERVICES COMMITTEE i G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES i i I� �•�KENT OPERATIONS COMMITTEE MINUTES SEPTEMBER 6, 2005 Committee Members Present Chair Tim Clark and Bruce White Julie Peterson was absent from the meeting. The meeting was called to order by Tim Clark, Chair at 4.03 p.m. 1. APPROVAL OF MINUTES DATED AUGUST 16, 2005 Bruce White moved to approve the minutes of the August 16, 2005, Operation Committee meeting. Tim Clark seconded the motion, which passed 3-0, with Julie Peterson's concurrence. 2. APPROVAL OF VOUCHERS DATED AUGUST 31, 2005 iFinance Manager Bob Nachlinger presented the vouchers for August 31, 2005, for approval. Bruce White moved to approve the vouchers dated August 31, 2005. Tim Clark seconded the motion, which passed 3-0, with Julie Peterson's concurrence. 3. W ASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) REVISED TEMPORARY EASEMENT AGREEMENT FOR RIVERVIEW PARK Parks Maintenance Superintendent Lori Flemm presented the Washington State Department of Transportation (WSDOT) Revised Temporary Easement Agreement for Riverview Park The original easement was approved by Kent City Council on November 3, 1998, but WSDOT did not secure funding until July 2005, which postponed the project, thus changing; the construction termination date. Authorization to approve the date change is necessary in order to proceed with the project. The temporary easement is for WSDOT to construct a retaining wall as a part of the improvements to the HOV lane on Highway 167 The wall is located within the Highway right-of-way, but the Contractor needs access through Riverview Park to build the wall Construction should be completed in approximately four weeks. HOV construction is expected to occur from January 2006 through December 31, 2007 Bruce White moved to recommend Council authorize the Mayor to initial the revised Temporary Construction Easement Agreement with the Washington State Department of Transportation for Riverview Park. Tim Clark seconded the motion, which passed 3-0, 1 with Julie Peterson's concurrence. Operations Committee Minutes Septemter 6, 2005 Page 2 The meeting was adjourned at 4 09 p m. ' Renee Cameron Operations Committee Secretary i i i 1 i I 2 t i KENT Parks and Human Services Committee Minutes - Juh 21, 2OO5 Committee members present- Deborah Ranniger, Debbie Raplee Committee members absent Tint Clark The Kent City Counci I Parks and Human Services Committee meeting was called to order by iDeborah Ranniger at 4 08 p m 1. Approval of Minutes Raplee moved to approve the Parks and Human Services Committee meeting minutes of the June 16, 2005 Ranniger- seconded and Clark concurred by telephone Motion Ipassed 3-0 2. Washin2ton State Arts Commission Education First Step Grant - Accept and Amend Budget Brenda Abney, Visual Arts Coordinatoi reported that staff applied for and receiv ed the .Arts Education First Step Grant for S4,000 00 from the Washington State Arts iCommission to train Kent School District teachers in arts curriculum. Raplee moved to recommend Council accept the.Arts Education First Step Grant from the Washington State Arts Commission in the amount of 54,000 00 for arts curriculum training, and authorize the expenditure of funds in the Arts Commission budget Ramniger seconded and Clark concurred by telephone Motion passed 3-0. 3. King Countv Human Services Community and Human Services Developmental Disabilities Grant - -kccept and Amend Budget T Lori Hogan stated that Adaptive Recreation staff applied for and received a Community and Human Services!Dc�elopmental Disabilities Grant from King County to assist in funding the "Access the Future" computes program again this year. Raplee moved to recommend Council accept the Community and Human Services Developmental Disabilities Grant from King County in the amount of St4,000 00 for "Access the Future" computer program, and authorize the expenditure of funds in the Adaptive Recreation budget Ranniger seconded and Clark concurred by telephone Motion passed 3-0 4. Second Quarter Development Fees (Fee-in-Lieu) - Accept and Amend Budget Ordinance City Ordinance 2975 requires developers to dedicate open space in proximity to new constriction sites or to pay "fee-in-lieu" funds Shane Gilbertson explained that between April and June 20115, the City of Kent received a total of S101,400 00 from two developers who voluntarily paid development fees for the development of single family homes in two subdivisions and one property purchase. TLT Development LLC paid 555,950 00 Cor Morgan's Place development, SWG 1 Parks and Human Services Committee Meeting Minutes July 21, 2005 Page 2 Construction paid S 11,400 00 for Jami Lane development and Kent Engineering paid S34,050 00 for the Ramstead Pointe de%elopment. Raplee moved to recommend Council accept the fee-in-lieu of funds from developers in the amount of S101A00 00, and authorize the expenditure of funds in the Turnkey Neighborhood Park budget and 272nd Street Paik budget Raiuvger seconded and Clark concurred by telephone Motion passed 3-0 5. Interagenev Committee for Outdoor Recreation Aquatic Lands Enhancement Account Grant - Accept and Amend Budget Shane Gilbertson reported that in 2004, Park staff applied to the Interagency Committee For Outdoor Recreation (IAC), Aquatic Lands Enhancement Account (ALEA) for funds to support the development of Riverview Park, a new 15-acre community park Amenities to include car top boat launch, accessible fishing area, picnic shelter, picnic tables, restroom, parking, walking trail, interpretive signs, open grass area, traiihead for the Green River Trail and salmon and wildlife enhancement. Raplee moved to recommend Counci I accept the Aquatic Lands Enhancement Grant from the Interagency Committee for Outdoor Recreation in the amount of S498,836 00 for development of Riverview Park, approve the expenditure of funds in the Rn cr�iew Paik budget, and authorize the Mayor to sign the agreement, upon review by the City Attorney. Ranniger seconded and Clark concurred by telephone Motion passed 3-0 6. Wilson Playfields Cell Tower Lease Agreement- Accept and Amend Budget Shane Gilbertson explained that the City currently has leases with cell companies for placement of cell towers at Riverbend Driving Range, West Fenwick Park, and Russell Road Park for a designated fees The revenue generated from these leases is directed to the Light Pole Replacement account because the cell towers are installed on existing light poles within the parks. VoicStream PCS III is requesting authorization to place a cell tower at Wilson Playfields for a fee of S 15,500 00. Raplee mo-,ed to recommend Council accept the annual payment of S15,600.00 from VoiceStream PCS III for placement of a cell tower at Wilson Playfields, approve the expenditure of funds in the Light Pole Replacement budget, and authorize the Mayor to sign the lease agreement, upon review by the City Attorney Ranniger seconded and Clark concurred by telephone Motion passed 3-0. 8. Town Square Park/2nd Avenue Improvements Agreement- Authorize Perry Brooks stated that Portico, Inc, was chosen to prepare schematic design for Town Square Park/2"i Avenue improvements The project will provide a link between downtown Kent and Dent Station development This is the second phase in the development of Town Square Park Additional phases are expected in the future which include design development, construction documents and construction administration. Parks and Human Services Committee Meeting Minutes July 21, 2005 1 Page 3 Raplee moved to recommend Council authorize the Mayor to sigh the agreement with Portico, Inc. in the amount of S81,609 00 for schematic design of Town Square Parld2nd A,,enue improvements, upon re,,iew by the City Attorney. Ranniger seconded and Clark concurred by telephone. Motion passed 3-0. Director John Hodgson provided a short update on the Aquatic/Recreation Facility Last week fi,.e focus groups met Forty to fifty total citizens and forty city employees 1 attended the meetings The citizens expressed support of a community pool The consultant is sending 2500 sur,.eys to local citizens in early August The,,'guarantee a return of 400 surveys. Staff will meet with the consultant in September and the final report will be presented to Council in November 1 The meeting adjourned at 4:35 p.m. A A-1 ��%r �f� Jb Thompson, substitute secretary for Ten Petrole Parks and Human Services Conunittee t i I I r i 1 i I PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 15, 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 White moved and Member Harmon seconded a motion to approve the minutes of jJune 20, 2005. Motion Passed 3-0. ZCA-2005-6 Townhouse Ownership Options in MR-T "Zoning Districts Planning Manager Charlene Anderson gave a brief synopsis on this proposal, indicating that the Land Use and Planning Board recommended approval of this amendment Community Development Director Fred Satterstrom stated that this amendment helps to create a mechanism to ensure ownership more than the condominium actually does After deliberations with staff, Member Harmon moved to recommend approval of ZCA-2005-6 amending Chapter 15 of the Kent City Code to provide for ownership options in the MR-T Multifamily Residential Townhouse District as recommended by the Land Use and Planning Board Member White seconded the motion Motion Passed 3-0. ZCA-2005-4 Multifamily Dwelling Units in MR-T Zones in Downtown Districts Ms. Anderson stated that this amendment provides for stacked dwelling units in addition to townhouses in the MR-T zones in downtown. This is more reflective of the City's goals to I increase residential density in downtown. She stated that the Land Use and Planning Board recommend approval. Member White moved to recommend approval of ZCA-2005-4 amending Chapter 15 of the Kent I City Code to allow multifamily dwelling units in the M.R-T Multifamily Residential Townhouse districts located in downtown districts as recommended by the Land Use and Planning Board. Member Harmon seconded the motion. Motion Passed 3-0. ZCA-2005-5 Processing of Applications for Rezone Ms. Anderson stated Kent's Hearing Examiner proposed this amendment to clarify that rezones could be processed separately or simultaneously with other types of land use applications such as a plat. Member Harmon moved to recommend approval of ZCA-2005-5 amending Chapter 12 of the Kent City Code regarding the processing of applications for a rezone as recommended by the Land Use and Planning Board. Member White seconded the motion. Motion Passed 3-0. I ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts Ms Anderson stated that this proposed amendment is intended to clarify an existing code, and is a recommendation to limit the storage and parking of commercial motor vehicles in residential zoning districts including single family and multifamily zones Ms Anderson stated that the police department regulates on-street parking of these types of vehicles, but this issue relates to semi-truck and trailers, and tractors parked on private residential property. She stated that the Land Use and Planning Board recommended approval by a 5-1 vote. Community Development Director Fred Satterstrom explained why he and the City's Code Enforcement Officer Brian Swanberg believes this issue to have become problematic in the recent past, citing visibility, public safety and noise issues. Member White requested additional information on the number and location of complaints. After deliberations, Member Harmon moved to recommend approval of ZCA-2005-3 amending Chapter 15 of the Kent City Code to limit storage and parking of commercial motor vehicles in residential zoning districts as recommended by the Land Use and Planning Board. Chair Clark seconded the motion Motion Passed 2-1 with Member White opposed. ZCA-2005-7 Shipping Containers in Residential Zoning Districts Ms Anderson stated that this proposal attempts to limit the placement of shipping containers in residential zoning districts; and clarifies the interpretation of an existing code. This amendment would exempt containers collecting debris or accepting household goods for moving as long as the container is on the property for less than 72 hours Ms. Anderson stated that the Land Use , and Planning Board voted for unanimous approval of this amendment. The Committee discussed their concerns with staff and opted to defer this amendment to another meeting until staff can obtain further information as requested , Ms Anderson stated that staff proposes sending to Council the amendments that passed unanimously as ordinances under the Consent Calendar and the one amendment not passing unanimously would go to City Council under Other Business. The Committee concurred. Growth Management Hearings Board Decisions on Urban Density Assistant City Attorney Kim Adams Pratt presented information from a memo prepared by the Legal Department describing two "Recent Urban Density Cases—Normandy Park and Issaquah From the Central Puget Sound Growth Management Hearings Board' (GMHB). Ms Pratt stated that these two decisions show us how the GMHB will analyze our urban densities to determine if they are appropriate under the Growth Management Act. Ms. Pratt said that the City of Kent is before the GMHB regarding the urban density issue, stating that the City of Kent's Comprehensive Plan Update was appealed by 1000 Friends of Washington(now known as Futurewise). Ms Pratt discussed six questions with the Committee, referred to in her memo, that the GMHB would ask each city that comes before it on the urban density issue Ms. Pratt stated that while planning staff has been going through the City's urban density study, the City's Legal Department and Futurewise have been obtaining extensions from the GMHB on the case schedule. Ms Pratt and Planner GIoria Gould-Wessen addressed Chair Clark's concerns with respect to density issues along Kent's steep slopes and relinquishment of development rights Ms Pratt stated that the Land Use and Planning Board has scheduled public hearings for August 22, and September 12, 2005, on the urban density issue. She stated that legal briefs in the GMHB case are not due until September and the Legal Department is negotiating with Futurewise for another 90 day extension. If the extension is not granted, the City would end up before the GMHB defending the densities in Kent's Comprehensive Plan without any changes that may be adopted as a result of the urban density study. Ms Pratt stated that the GMHB would decide if the current Comprehensive Plan meets GMA requirements for accommodating urban densities. If the GMHB decided against the City, staff would have been completing the Urban Density Study and Council's decisions on density designations could be presented to the GMHB for the Board's determination as to whether the new densities comply with the Growth Management Act. , Adiournment Chair Clark adjourned the meeting at 5:00 p.m. rna&2,,oy Pamela Mottram, Admin Secretary, Planning Services S IPernuilPlanlPlanrungCommitteel20051Mtnutes1081505mtndoc P&EDC Meeting Minutes—8/15/05 Page 2 of 2 1 CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING-MINUTES August 18, 2005 COMMITTEE MEMBERS: Debbie Raplee, Les Thomas, Deborah Ranniger, Chair • The meeting was called to order by Chair Deboi ah Ranniger at 5 00 PM • Debbie Raplee's absence was excused and Ron Hannon attended in her absence. 1. Approval of Minutes Les Thomas moved to approve the minutes of the.June 23,2005 meeting. The motion was seconded b-. Ron Harmon and passed 3-0. 2. Kent Fire Department 2004 Annual Report- INFO ONLY Fire Chief Jim Schneider reviewed the report and a(-know ledged Captain Kyle Ohashi for compiling the infoimation for the annual report which will be mailed to the community. 3. Washington Traffic Safety Commission grant-ACCEPT Police Chief Ed Crawford reviewed the pioposed use of the funds. Ron Harmon moved to recommend that Council accept the Washington Traffic Safety Commission grant in the amount of$1,000.00 and placing this on the Consent Calendar of the September 6, 2005 Council Meeting. The motion was seconded by Les Thomas and passed 3-0. 4. Washington Traffic Safety Commission grant- AUTHORIZE Police Chief Ed Crawford explained the purpose ofthe giant application Les Thomas moved to recommend applying for the Washington Traffic Safety Commission grant in the amount of$5,000.00 and placing this on the Consent Calendar of the September 6, 2005 Council Meeting. The motion was seconded by Ron Harnion and passed 3-0. 5. U.S. Department of.Justice grant-ACCEPT Police Chief Ed Crawford rev icwed the pioposed use of the funds. Ron Harmon moved to recommend that Council accept the Bureau of Justice grant in the amount of$48,260.00 and place this on the Consent Calendar of the September 6, 2005 Council Meeting. The motion was seconded by Les Thomas and passed 3-0. 6. Fireworks Update-INFO ONLY Police Chief Ed Ciawford reported that calls foi Service related to fireworks were down 18% from 2004, and that the main problems existed after I I PM on Monday.July 4"' 7. National Night Out-INFO ONLY Police Chief Ed Crawford reviewed the activities that were held by approximately 45 Block Watch groups around the City on August 2"a 8. Police Department CALEA Re-accreditation- INFO ONLY Police Chief Ed Crawford reported that the Kent Police Department received its 3`a re- accreditation at the CALEA Conference held in Boston on July 30[" The meeting adjourned at 5:35 PM. v/Thompson Administrative Assistant 1 I PUBLIC WORKS COMMITTEE MINUTES August 15, 2005 COMMITTEE MEMBERS PRESENT ,Committee Chair Bruce White and Committee Members Ron Harmon. The meeting was called to order at 5.10 P M. Approval of Minutes Dated August 1, 2005 Committee Member Ron Harmon moved to approve the minutes of August 1, 2005. The motion was seconded by Debbie Rapplee and passed 3-0. 2005— 2006 WA Conservation Corps Sponsor Contract Mike Mactutus, Environmental Engineering Manager, stated that Kent has participated in the program since 2000. This agreement will provide a portion of the salary, benefits, tools and transportation costs for a 5 person crew and supervisor to work on various capital improvement projects Americorps service program will provide the other portion as well as educational scholarships for crew members. Debbie Raplee moved to recommend authorizing the Mayor to sign Washington Conservation Corps Sponsor Agreement, in the amount of$85,000, and direct the staff to utilize these funds to purchase landscaping and maintenance labor for various capital improvements projects. The motion was seconded by Ron Harmon and passed 3-0. (Ron Harmon publicly thanked Mike Mactutis for quickly providing information that was requested to Bruce). ' Amendment to Waterline Easement Agreement Tim LaPorte, Design Engineering Manger, explained this amendment would revise the easement for set backs from the BPA towers at the Impoundment site. The new easement will fully encompass all the areas where the new watermams will be located. Ron Harmon moved to recommend the Council authorize the Mayor to execute the respective document(s) to amend the waterline easement to reflect the revised waterman location as described in the legal description attached as Exhibit A. The motion was seconded by Debbie Rapplee and passed 3-0. Portion of 108rh Avenue SE— Street Vacation Gary Gill, City Engineer, stated this resolution would set the public hearing date for the street vacation located along a portion of 108`h Ave SE. Debbie Raplee moved to recommend Council adoption of a resolution setting a public hearing date of September 20, 2005 for the Street Vacation located along a portion of 1081h Avenue SE. The motion was seconded by Bruce White and passed 3-0. Portion of South 1881h Street—Street Vacation Gary Gill, City Engineer, stated this resolution would set the public hearing date for the street vacation located along a portion of S. 188"' Street. f 1 r 2 2 Ron Harmon moved to recommend Council adoption of a resolution setting a public hearing date of September 20, 2005 for the Street Vacation located along a portion of South 188"' Street. The motion was seconded by Debbie Raplee and passed 3-0. 228`h Corridor Owest and Puget Sound Enerav Agreements Tim LaPorte, Design Engineering Manager asked to have this item added to the agenda. These agreements would authorize the two companies to utilize City property to place underground facilities prior to roadway construction for the S. 2281h Corridor project. Debbie Raplee moved to recommend authorizing the Mayor to sign the agreements with Qwest and Puget Sound Energy, authorizing the two companies to utilize City property acquired for the S. 228th Corridor West Hillclimb Extension to place underground facilities prior to roadway construction. Approval of these two agreements is subject to further refinements and approval by the City Attorney and the Public Works Director. The motion was seconded by Ron Harmon and passed 3-0. The meeting adjourned at 5:25 P.M Janet Perschek Administrative Secretary III CONTINUED COMMUNICATIONS A. ' EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION