HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/06/2006 l City of Kent
City Council Meeting
Agenda
i
June 6, 2006
Mayor Suzette Cooke
Deborah Ranniger, Council President
Councilmembers
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
1 Bob O'Brien Elizabeth Watson
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i ENT
WASHINGTON
City Clerk's Office
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KENT CITY COUNCIL AGENDAS
KENT June 6, 2006
W^s H I N�1 0. Council Chambers
MAYOR: Suzette Cooke COUNC[LMEMBERS: Deborah Ranniger, President
Tim Clark Ron Harmon Bob O'Brien
Debbie Raplee Les Thomas Elizabeth Watson
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1 King County Health Department Julia Patterson 45 min
COUNCIL MEETING AGENDA
7:00 p.m.
L CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC— Citizens may request that an item be added to the
agenda at this time. Please stand or raise your hand to be recognized by the
Mayor.
4. PUBLIC COMMUNICATIONS
A Public Recognition
B. Community Events
C. Employee of the Month
D. Kent Diversity Advisory Board Appointment
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A Minutes of Previous Meeting—Approve
B. Payment of Bills— None
C. Pioneer Street Property Surplus —Authorize
D. Vehicle and Equipment Surplus—Authorize
E. Zoning Code Amendment, Administration of Development Regulations,
Ordinance—Adopt
F. Riverview Overpass Art Proposal—Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
G. Nextel Lease Agreement for Wireless Communications Equipment at West
Fenwick Park—Authorize
H Morford Family Donation for Eagle Scout Plaques—Accept and Amend Budget
1. Quota International Donation for Service Club Ballfields —Accept and Amend
Budget
J. Sorophmist Donation for Service Club Ballfields—Accept and Amend Budget
K. American Legion Donation for Mill Creek Park—Accept and Amend Budget
L Interagency Committee for Outdoor Recreation Grant Application Resolutions for
Miscellaneous Parks—Adopt
M. Interagency Committee for Outdoor Recreation Grant Application Resolution for
Farmland Preservation — Adopt
N. Kiwams Club of Kent Donation—Accept
O. Washington Traffic Safety Commission Grant Anti-DUI Message—Accept
P. Washington Traffic Safety Commission Grant "Click It or Ticket"— Accept
Q. Washington Traffic Safety Commission Grant Project SAFEROAD—Accept
R Bureau of Justice Assistance Grant—Accept
S. State of Washington Department of Health, EMS Pre-hospital Participation
Grant— Accept
T Fire Station Exhaust Extraction System Purchase Agreement— Authonze
U. Fire Stoppers Program Grant— Accept
V. Purchase of Four Apparatus Hoists—Authorize
W. Purchase of Aid Car—Authorize
X. State of Washington Military Department, Emergency Management Perfonnance
Grant—Accept
Y. Kent Diversity Advisory Board Appointment—Confirm
Z . EXCtkSed Abse►,Ce f,9,f Cowl Pre-51deAF— P
7. OTHER BUSINESS
A. Neighborhood Programs Manager Position—Authorize
t�). J>e-�1\1, N ber h sods
8. BIDS
A. Municipal Parking Lot Demolition
B. Mill Creek Culvert Replacement
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
1 COMMITTEES
10. CONTINUED COMMUNICATIONS
j11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A Potential Litigation
B. Property Negotiation
12. ADJOURNMENT
1 NOTE A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent
Library The Agenda Summary page and complete packet are on the City of Kent web site at
www ci kent wa us
An explanation of the agenda format is given on the back of this page
Any person requiring a disability accommodation should contact the City Clerk's Office in advance at(253)
856-5725 For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388
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CHANGES TO THE AGENDA
! Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
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rPUBLIC COMMUNICATIONS
rA) PUBLIC RECOGNITION
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C) EMPLOYEE OF THE MONTH
D) KENT DIVERSITY ADVISORY BOARD APPOINTMENT
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! CONSENT CALENDAR
! 6. City Council Action. � "�-f
Councilmember V"" moves, Councilmember
seconds to approve Consent Calendar Items A through- Z
Discussion --"
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of May 16, 2006.
6B. Approval of Bills
! Numbers were not available.
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' Council Agenda
Item No. 6 A-B
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• Kent City Council Meeting
K E N T May 16, 2006
W ASN1N GTOry
The regular meeting of the Kent City Council was called to order at 7 00 p.m. by Mayor Cooke.
Councilmembers present- Clark, Harmon, O'Brien, Ranniger, Raplee, Thomas and Watson
(CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, or Staff. (CFN-198) CAO Hodgson announced that under
Executive Session property negotiation is off and potential litigation will be at the will of Council
iafter discussion of the Critical Areas Ordinance but that he does not anticipate an Executive Session.
B. From the Public. (CFN-171) Hans Fretwald, 11824 SE 270th, voiced concern about the school
children and asked about speed bumps in his neighborhood Mayor Cooke asked that Interim Chief
Miller speak with Mr. Freiwald
PUBLIC COMMUNICATIONS
A Public Recognition. (CFN-198) Council President Ranniger spoke about attending an event
called"Chief for a Day," which is an event sponsored by the Criminal Justice Training Center for
critically ill children. She also said she was proud of the Police Department for participating in this
event.
' Councilmember Thomas mentioned that the week of May 15-21 is "National Police Officer Week."
He recognized Officer Scott Rankin, who is a member of the Washington State Chapter of the
Fraternal Order of Police and part of their honor guard Officer Rankin went to Washington DC, at
his own expense, to participate in the ceremonies honoring Law Enforcement officers who have died
in the line of duty.
B. Community Events. (CFN-198) Council President Ranniger announced that on Saturday,
May 20, the Parks Department, Rotary Club and Trout Unlimited of South King County is sponsor-
ing a fishing day at the "Ole Fishing Hole," which is open for up to 225 children She also mentioned
that registration is available through the Parks Department Ranniger also announced that on
Saturday, June 3, the National Trails Day Volunteer event is taking place at Clark Lake Park from
8:30-12-00. Volunteers are welcomed and encouraged to help begin the construction of a new trail at
Clark Lake Park.
C. Kent Youth Board Presentation. (CFN-122) Becky Lamb, Prevention and Intervention
Specialist with the Kent School District, spoke about the Town Hall meeting that took place on
March 28, 2006, that the Police Department's Drinking Driver Task Force hosted this meeting and
the focus was underage drinking in the community. She introduced Kent Police Youth Board
members, Blake Gould and Morgan Anderson, who spoke on the prevention of underage alcoholic
use.
Stacy Judd, Public Education Specialist, invited everyone to the Kent Station on Saturday, June 10 to
the spring event"Reducing Underage Drinking" presented by the Youth Board.
Mayor Cooke read a proclamation regarding this issue and presented it to Stacy Judd.
1
Kent City Council Minutes May 16, 2006
E. Economic Development Report. (CFN-825) Mayor Cooke announced that Nathan Torgelson
will be leaving the City to work for the City of Seattle Mr Torgelson said that Tarragon has
announced the tenants for Phase It of Kent Station and that the Cancer Treatment Centers of America
appeal hearing has been delayed until September. He also noted that the Kent Chamber has selected
a consultant, Baldwin Resource Group from Bellevue, to work on the business plan for the Center
for Advanced Manufacturing Torgelson announced that Alaska Distributors, a wine and beer
distributor, has relocated their headquarters to Pacific Gateway Park and are now open He also
announced that two business have opened in the downtown area '
Mr Torgelson said that his four years here have been challenging and rewarding. He thanked Mayor
Cooke, the current and past Council members, and Mayor White and said he looks forward to
working with everyone on regional economic development issues. All councilmembers and Mayor
Cooke wished him well in his new position.
CONSENT CALENDAR
RANNIGER MOVED to approve Consent Calendar Items A through O Clark seconded and the
motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of May 2, 2006
were approved.
B. Approval of Bills. (CFN-104) The payment of the bills received through March 31 and paid on
March 31 after auditing by the Operations Committee on May 2, 2006 were approved.
Approval of checks issued for vouchers-
Date Check Numbers Amount
3/31/06 Wire Transfers 2381-2395 $1,574,898.52
3/31/06 PrePays & 591510 1,253,735.64
3/31/06 Regular 592219 2,333,05157
Use Tax Payable 3,281.54
$5,164,967.27
The payment of the bills received through April 15 and paid on April 15 after auditing by the
Operations Committee on May 2, 2006 were approved.
Approval of checks issued for vouchers
Date Check Numbers Amount
4/15/06 Wire Transfers 2396-2412 $1,464,671 31 '
4/15/06 Regular 592220-592729 1,749,413.55
Use Tax Payable 1,63674
$3,215,721.60
The payment of the bills received through April 30 and paid on April 30 after auditing by the
Operations Committee on May 2, 2006 were approved. '
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Kent City Council Minutes May 16, 2006
Approval of checks issued for vouchers:
' Date Check Numbers Amount
4/30/06 Wire Transfers 2413-2428 $1,863,608 43
4/30/06 Regular 592730-593351 6,150,318 47
Use Tax Payable 2,495 68
$8,016,422.58
' Approval of checks issued for payroll for March 16 through March 31 and paid on April 5, 2006:
Date Check Numbers Amount
4/5/06 Checks 289828-290098 $ 218,86913
4/5/06 Advices 194441-195129 1,288,340 80
Total of Regular Payroll $1,507,209 93
Approval of checks issued for payroll for April 1 through April 15 and paid on April 15, 2006
Date Check Numbers Amount
4/12/06 Interim Check 290099 $ 115 05
4/15/06 Checks 290100-290369 198,38612
4/15/06 Advices 195130-195818 1,264,240 92
Total of Regular Payroll $1,462,527.04
C. 2006 Premera Blue Cross Contract. (CFN-147) The Mayor was authorized to sign the
Premera Blue Cross 2006 Administrative Services Contract The City is self-insured for this
program The 2006 contract reflects a 4% increase in administrative fees by Premera Blue Cross and
is budgeted in the Health & Welfare fund.
D. 2006 Group Health Contract. (CFN-147) The Mayor was authorized to sign the 2006 Group
Health Cooperative of Puget Sound contract for the City's insured HMO plan The 2006 contract
reflects an approximate 14% increase in the health care premiums charged by Group Health and is
budgeted in the Health and Welfare fund.
E. Public Records Ordinance. (CFN-1266) Ordinance No 3799 repealing Chapter 1.05 of the
Kent City Code and enacting a new Chapter 1 05 entitled "Public Records," in response to recent
legislative amendments and recodification of the state Public Records Act was adopted.
F. Affidavit of Correction for Flower Court Final Plat. (CFN-1272) The Mayor was authorized
to sign the Affidavit of Correction to the Flower Court Final Plat map
G. Water Resource Inventory Area (WRIA) 8 Interlocal Agreement Extension. (CFN-1028)
The Mayor was authorized to sign an extension of the Interlocal Agreement for the watershed basins
within Watershed Resource Inventory Area (WRIA 8.
H. Sienal Maintenance Shop Lease Agreement. (CFN-239) The Mayor was authorized to
execute a Lease Agreement with Plemmons Industries Inc., subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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Kent City Council Minutes May 16, 2006
L South Ridge Estates Bill of Sale. (CFN-484) The bill of sale for South Ridge Estates (portions
of SE 282nd St.) for 790 centerline linear feet of streets, 9 catch basins, 135 linear feet of biofiltration
Swale, l box culvert, 1 storm water quality vault, and 336 linear feet of sewer was accepted.
J. South Ridge Estates Bill of Sale Addendum. (CFN-484) The bill of sale for South Ridge
Estates for 7,758 32 centerline linear feet of streets, 51 catch basins, 7,551 linear feet of storm lot
drains, 39 clean outs, 90 linear feet of dispersal trench, 322,950 cubic feet of detention pond storage,
1 storm restrictor, I overflow gate, and 5,527 linear feet of sewer was accepted.
K Brookside Court Bill of Sale. (CFN-484) The bill of sale for Brookside Court for 6 manholes,
805 linear feet of sanitary sewer, 1,040 centerline cubic feet of streets, 2 storm manholes, 26 catch
basins, and 1,900 linear feet of sewer line was accepted.
L Pediatric Interim Care Center Bill of Sale. (CFN-484) The bill of sale for Pediatric Interim
Care Center for 1 gate valve, 1 hydrant, 206 centerline cubic feet of streets, 2 storm manholes, and 46
linear feet of sewer line was accepted.
M Larcher Office Building Bill of Sale. (CFN-484) The bill of sale for Larcher Office Building ,
for 4 gate valves, t hydrant, 30 Linear feet of water, 25 linear feet of sanitary sewer, 286 centerline
cubic feet of streets, 3 storm manholes, 5 catch basins, 95 linear feet of biofiltration swale, 1,256
cubic feet of detention pond, and 372 linear feet of sewer line was accepted.
N Gray Hill Bill of Sale. (CFN-484) The bill of sale for Gray Hill for 1,914 linear feet of sanitary
sewer was accepted
O Burkhardt Heights Bill of Sale. (CFN-484) The bill of sale for Burkhardt Heights for 4 gate '
valves, 1 hydrant, 530 linear feet of watermams, 3 sewer manholes, 825 linear feet of sanitary sewer,
520 centerline linear feet of streets, 10 catch basins, 37,000 cubic feet of detention pond storage, and
705 linear feet of sewer was accepted. '
OTHER BUSINESS
A. Aerial Fireworks Prohibition Ordinance. (CFN-122) Due to the danger to persons and ,
property that is created when a firework is launched into the air, and due to the repeated complaints
received by the City, staff was directed to create an ordinance for Council consideration that strikes a
balance between the desire of the public to enjoy fireworks on the Fourth of July and the desire of the
public to remain safe from hazards that lighting fireworks may create. To that end, staff has prepared
an ordinance that would ban aerial fireworks.
Because the proposed ordinance is more restrictive than state law, it must be adopted one year prior '
to its effective date Should this ordinance be passed at the May 16, 2006, City Council meeting, it
will not affect the discharge of fireworks in Kent until the Fourth of July holiday in 2007
Pat Fitzpatrick, Deputy City Attorney, explained the current state of the city code and the effect that
the changes would have. He explained that the ordinance would ban all aerial devices and when the
public sees an aerial device discharged into the air they will know that it is illegal regardless of where
it was purchased.
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Kent City Council Minutes May 16, 2006
Jon Napier, Fire Marshal, explained that an educational program was started for the public and the
responders about two years ago and part of the challenge was the identification of legal and illegal
fireworks He answered Councilmember Raplee's question about what would be allowed next year
and he explained basically that fireworks not shot into the air would be legal
Mayor Cooke mentioned that she had received a call from a Kent Church that had expressed concern
regarding their fund raisers for youth Mayor Cooke mentioned that this is not just a police
enforcement issue, it's also a fire enforcement issue and that they will not be able to make this
enforcement work without the assistance of the residents themselves.
' Hodgson stated that he had a memo to Councilmembers from Barb and Shawn Baldwin, 14658 SE
267th St., Kent, requesting that the ordinance for prohibiting fireworks be passed and asked that this
be made a part of the public record. CLARK MOVED to be made a part of the public record
Thomas seconded and the motion carried
Upon Raplee's question, Fire Marshal Napier said that since this program was started two years ago,
less than 25 citations have been written He emphasized that the officers are working towards
education, rather than giving citations.
' Fitzpatrick noted that the ordinance states that fireworks may not be discharged on December 31, per
state law He clarified that King County rules are different, and that local fireworks are permitted, as
well as the public display of fireworks in which there are aerial displays allowed when handled by a
professional fireworks person.
Council President Ranniger asked what will be done differently in 2007 Fire Marshal Napier said
' enforcement will be a challenge as it is every year but this will make it a little bit easier. He
emphasized the education and making sure citizens understand that there has been a change before
the citation process is started.
CLARK MOVED to make a letter from Lynne Hunter, 11923 SE 277th St , Kent, in favor of aerial
fireworks, a part of the public record Thomas seconded and the motion carried
Listed below are citizens who spoke in favor of the fireworks ordinance.
Ann Eggers, address on record
' Tom Brown, 13010 SE 259th Pl., Kent
Listed below are citizens not wishing to speak but in favor of the fireworks ordinance
Debra Hazelett, 14258 SE 270th PI , Kent
Bill Hazelett, 14258 SE 270th PI, Kent
Listed below are citizens who spoke against the ordinance:
David Swisher, 8006 47th St, University Place
Lois Soderland, 1838 S 265th PI., Des Moines
Lisa Newin, 2120 Milwaukee Way, Tacoma, T&T Fireworks
Liz Lisicich, 2120 Milwaukee Way, Tacoma,
' Jerald Farley, address on record
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Kent City Council Minutes May 16, 2006
Listed below are citizens not wishing to speak but who were against the ordinance
Andy Soderland, 1838 S. 265th PI Des Moines
Arlene Jensen, 25302 139th PI SE, Kent
Ruth Collingridge, 5114 Picnic Pt Rd, Edmonds
Steven McDowell, 25860 136th. Kent
Tod Reeve, 1310 175th St Ct E, Spanaway
Kathy Curtis, 15256 SE 270th PI, Kent
Donald West, 25866 136th Ave SE, Kent
THOMAS MOVED to adopt Ordinance No 3800, which defines the term "consumer firework" and
prohibits aerial consumer fireworks within Kent Clark seconded
Discussion then followed by Councilmembers who stated why and how they would be voting Upon
a roll call vote, the motion failed 4-3, with O'Brien, Raplee, Thomas and Watson opposed and Clark. '
Harmon and Ranmger in favor.
B Critical Areas Ordinance. (CFN-961) On April 19, 2006, the Growth Management Hearings
Board issued its Final Decision and Order regarding an appeal filed by the State of Washington of the
City's Critical Areas Ordinance
Deputy City Attorney Fitzpatrick noted the Board found that the City's ordinance was clearly
erroneous and did not meet the goals of the Growth Management Act They ruled that the three tier
grading system, the buffer widths and the manner in which the City defines exempt wetlands did not
comply. He noted that the ordinance is under remand by the Growth Management Hearings Board
and that the Council has been presented with a number of options. He outlined the options, key dates
and effects of the options, including the inability to obtain grants.
Wendy Basham, 25739 135th Ave SE, #49, Lake Meridian Estates, noted that once an ecological
system is destroyed, it cannot be rebuilt and urged the Council to be careful
Sam Pace, 29839 154th Avenue SE, Kent, Seattle King County Association of Realtors provided a
copy of his e-mail regarding the decision and said the realtors filed an amicus friend of the court brief
supporting the City in that appeal He added that the Master Builders have indicated that they will
appeal the decision as it relates to wetlands, ratings and buffers Mr Pace went on to explain his
informational package. '
Sally McDonough, 26441 137th Avenue SE, Kent, representing her neighborhood asked that Council
agree with the Department of Ecology
Bruce Axworthy, 26320 135th Avenue SE, Vice President of the Lake Meridian Community
Association, said that appealing this decision will have long-term detrimental affects on the lake and '
urged the Council not to appeal this decision
Hans Freiwald, 11824 SE 270th Street, Kent, mentioned his neighborhood had lost a lot of wetlands '
and other City wetlands
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Kent City Council Minutes May 16, 2006
Mayor Cooke read the names of people on the list from the Lake Meridian area who did not want to
' speak
Michelle McDowell, 25860 136th Avenue SE, Kent, supports the 50-100-200 buffers
Donald West, 2586 136th Avenue SE, Kent, supports the 50-100-200 buffers
Steven McDowell, 25860 136th Avenue SE, Kent, supports the 50-100-200 buffers
Bill Hazelett, 14258 SE 270th Place, Kent, 50-100-200 buffers
Kathy Curtis, 14256 SE 270th Place, Kent, 50-100-200 buffers
CLARK MOVED to make Sam Pace's memo part of the public record. Thomas seconded and the
motion carried.
HARMON MOVED to direct staff to enter into negotiations with the State of Washington in order to
work to toward a settlement of Case Number 05-3-0034 currently under remand before the Growth
Management Hearings Board. Clark seconded.
' Mayor Cooke noted that the City is very aggressive in local improvement districts, so it is business
primarily who is carrying the load
Councilmembers discussed this issue and mentioned why they will support or not support this
decision.
A roll call vote was then taken with six Councilmembers in favor and O'Brien opposed The motion
then passed
RANNIGER ALSO MOVED to direct the City Attorney to appeal the decision of the Growth
Management Hearings Board in Case No 05-3-0034. Raplee seconded. After some discussion, a
roll call vote was taken and the motion carried unanimously.
BIDS
A Service Club Ballfields Restroom and Concession Building. (CFN-l18) The bid opening was
held on May 9, 2006 with one bid submitted by Clements Brothers, Inc for the amount of$587,823,
excluding Washington State Sales Tax (WSST)
The Parks Director recommends authorizing the Mayor to enter into an agreement with Clements
Brothers, Inc for the amount of 5587,823, to complete the Service Club Ballfield Restroom and
Concession Building Project.
RANNIGER MOVED to authorize the Mayor to enter into an agreement with Clements Brothers,
Inc. for the amount of$587,823, plus Washington State Sales Tax, to complete the Service Club
Ballfield Restroom and Concession Building Project. Harmon seconded and the motion tamed.
REPORTS
Mayor. (CFN-198) Mayor Cooke announced that John Hodgson is now the permanent Chief
Administrative Officer
Public Safety Committee. (CFN-198) Thomas reported that the Public Safety Committee will meet
Thursday, May I Sth at 5.00 p in.
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Kent City Council Minutes May 16, 2006
Public Works. (CFN-198) Raplee announced that on June 1, a meeting with the North Park
Community will be held to review their concerns on the speed study, the unauthorized parking in the
area and other concerns they may have She noted that the meeting will be held at 6.30-8 00 in
Council Chambers.
PlanninE and Economic Development Committee. (CFN-198) Harmon noted that last week an
item for historical preservation was introduced which was sent back to staff for review
Parks and Human Services Committee. (CFN-198) Ranniger mentioned that their meeting
Thursday has been cancelled and has been re-scheduled to Thursday, May 25 at 4 00
Administrative Reports. (CFN-198) Hodgson thanked the Mayor and said he looks forward to
working with the Council, staff and the community
ADJOURNMENT
At 9 t 5 p m WATSON MOVED to adjourn Thomas seconded and the motion carried.
Mary Simmons
Deputy City Clerk
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8 1
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: PIONEER STREET PROPERTY SURPLUS — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign all sale documents
related to the surplus of unneeded portions of city-owned property along Pioneer Street
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' 3. EXHIBITS: Public Works Director memorandum
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? Fair Market Value
' Currently in the Budget? Yes No
If no.
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue Fund Amount $
' 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, .Public Works Director
KENT Phone 253-856-5500
H/gSHINGTON
Fay 253-856-6500
Address- 220 Fourth Avenue S
Kent, WA 98032-5593
Date: May 11, 2006
' To: Chair Debbie Raplee and Public Works Committee Members
PW Conunittee Meeting Date May 1 2006
From: Tim LaPorte, Design Engineer Manager ' I
Through: Larry Blanchard, Public Works Director :-i
Subject: Pioneer Street Property Surplus- 204 Pioneer St.& 210 Pioneer St.
Motion: ■ Required ❑ Not Required ❑ For Inforniation Only
Authorize the Public Works Director to surplus the unneeded portions of city-owned
property along Pioneer Street at the appraisal value or higher and authorize the Mayor to
sign all sale documents.
Will document be required?
❑ Ordinance ■ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History: At the request of King County Metro, the City entered it-ito an agreement
with King County to acquire the subject two properties and widen Pioneer Street as part of the
Transit Center Access Improvements project planned for this year. Both properties were for sale
when the City acquired them. The destgon of the access improvements has been completed and the
property remainder can now be suiplused. The property surplus was anticipated and the revenue
received from the surplus property sale is anticipated to help cover the costs of the access
improvements.
Summary: The Public Works Department requests authorization to sell the unneeded portions of
city-owned property at 204 and 210 Pioneer Street at the appraised value or higher
Recommendations: Authorize the Public Works Director to surplus the unneeded portions of
city-owned property along Pioneer Street at the appraisal value or higher and authorize the Mayor
to sign all sale documents
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1
-3010
CITY OF KENT (Pioneer st from Railroad Ave to Central Ave) ExArr
ENGINEERING DEPARTMENT
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: VEHICLE AND EQUIPMENT SURPLUS — AUTHORIZE
2. SUMMARY STATEMENT: Declare the vehicles and equipment described in the
public Works Director's memo as surplus and authorize the sale at the next public
auction.
3. EXHIBITS: Public Works Director memorandum
4 RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? X
Currently in the Budget? Yes N/A No
If no•
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6 CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
E�-� Phone- 253-n85`6-5500
IW A�SNINGTON Fax 253-856-6500
Address 220 Fourth Avenue S
Kent, WA 98032-5895
Date: May 10, 2006
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date- June 5,2006
From: Alice 1. Conrad, Fleet Manager
Don Millett, Operations Manager
Through- Larry Blanchard, Public Works Director
Subject- Vehicle and Equipment Surplus
Motion: ■ Required ❑ Not Required ❑ For Information Only
Authorize the Mayor to declare the vehicles/equipment no longer needed by the City, as
surplus, and authorize the sale thereof at the next public auction.
Will document be required?
❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Public Works Operations, Standard Operating Procedures, 10.0 Fleet. 10.6 Vehicle
Replacement and Expected Life Cycle
Background/History:
Vehicle/Equipment List:
3101 1995 Ford Crown Victoria, s/n 2FALP71 W8SX167057, license 22167D,
110,169 miles, 11 years This vehicle was originally purchased and assigned to
the police chief, in 2001 it was transferred to the mayor when the police chief
received a new vehicle This vehicle exceeds our current replacement policy
guidelines for 5 years and/or 80,000 mules.
3117 1993 Dodge Dynasty, s/n 1B3XC4631PD225479, license 15238D, 81,322 miles,
13 years This vehicle has been assigned to Police-Investigations over the past 13
years. It exceeds our replacement policy guidelines for 5 years and/or 80,000
miles and has been replaced
3172 1997 Kawasaki Motorcycle, sin iKAKZCP28VB515468, license 1467EX,
41,095 miles, 9 years. This is the last Kawasaki Motorcycle to be replaced with
the new BMW police model. It was assigned to the Police-Traffic division and
has exceeded our replacement policy guidelines for 4 years and/or 30,000 mules
3189 1999 Ford Crown Victoria, s/n 2FAFP71 W6XXI55509, license 270501),
96,044 miles, 7 years. This vehicle was originally assigned to Police-Patrol as a
police pursuit unit. It was replaced in 2002 and used as a `loaner" vehicle until it
was moved into use again and "retained" as a PIT training vehicle. It currently
needs extensive exhaust repairs and has been removed from service. It has
exceeded our replacement policy guidelines for 3 years and/or 80,000 miles.
3192 1999 Ford Crown Victoria, s/n 2FAFP71W6XX155512, license 27053D,
83,846 tiles, 7 years. The vehicle was originally assigned to Police-Patrol as a
police pursuit unit. It was replaced in 2002 and used as a "loaner" vehicle until it
was moved into use as a PIT training vehicle. It has exceeded our replacement
policy guidelines for 3 years and/or 80,000 miles.
3221 2002 Harley Davidson Motorcycle, s/n 1HD1FHWl02Y601204, license
1660EX, 53,911 miles, 4 years. This is [lie last Harley Davidson Motorcycle to
be replaced with the new BMW police model. It was assigned to Police-Traffic
until it was replaced in 2005. It has exceeded our replacement policy guidelines
for 4 years and/or 30,000 mutes.
5303 1990 Dodge Cargo Van, sin 2B7HB21X5LK772470, license 08750D,
96,033 miles, 16 years. This vehicle was replaced in 2000 but continued in
service in the Engineering-Constriction section until 2004 hm 2004 it moved to
the Engineering-Survey section where it remained until recently. it meets our
replacement policy guidelines for disposal at 10 years and/or 80,000 miles.
5311 1992 Chevrolet Caprice, s/n 1G1BL5377NR146056, license 10800D, 103,946
mules, 14 years This vehicle has been used in Fleet Services for parts pickup and
delivery for the past 14 years. it currently needs some repairs and exceeds our
replacement policy guidelines for disposal at 10 years and/or 80,000 miles.
6621 2001 Toro 325-D Greenmaster Riding Mower with 72" deck, s/n 30627-
210000224, 5 years. This mower has been used extensively by the Parks
department for parks and ball field maintenance. The machine has shown
increased downtime and rising maintenance costs. The current replacement
policy for a 5-7 year life cycle has been satisfied. The golf course has asked to
purchase this mower as an emergency response to the complete failuie of two
similar machines identified at the end of this list as "Golf I and Golf 2".
Although wear and stress fatigue are problematic this mower is still better than
the two mowers currently owned by the golf course.
6622 2001 Toro 325-D Greenmaster Riding Mower with 72" deck, s/n 30627-
210000223, 5 years This mower has been used extensively by the Parks
department for parks and ball field maintenance The machine has shown
increased downtime and rising maintenance costs. The current replacement
policy for a 5-7 year life cycle has been satisfied. The golf course has asked to
purchase this mower as an emergency response to the complete failure of two
sine lar machines identified at the end of this list as "Golf I and Golf 2".
Although wear and stress fatigue are problematic this mower is still better than
the two mowers currently owned by the golf course.
8721 1983 Chevrolet % Ton Cargo Van, s/n 1GCDG15D2D7165737. license
D31563, 70,300 miles, 23 years This vehicle was replaced and continued in the
motor pool for many years until it was totaled in an accident in January this year.
We have received insurance restitution and the salvage has been picked up by the
insurance company.
8736 1982 Mack, 10-12 Yard Dump Truck, s/n 1M2'T157C3CM001286, license
37603D, 115,141 miles, 24 years. This truck has been assigned to the motor pool
for many years and has become difficult to keep in service due to shared service,
constant manual transmission problems and repeated clutch brake failures. It has
exceeded our replacement policy guidelines for disposal at 10 years.
8744 1994 Chevrolet Corsica, s/n IG1LD55MORY280648, license 16801D, 81,714
miles, 12 years. This sedan was replaced and reassig led to the motor pool for an
extended life cycle. It has been 2emoved from setwice due to expensive needed
repairs It has exceeded our replacement policy guidelines of 10 years and/or
80,000 miles.
8772 1988 Chevrolet 1 Ton Pickup, s/n 1GCHV34NXJJ127197, license 0283313,
99,407 miles, 18 years, This pickup was replaced and reassigned to the motor
pool until an accident totaled it earlier this year It has exceeded our replacement
policy guidelines of 10 years and/or 80,000 miles.
Golf 1 s/n 90786 with model 30788 deck, 6 years old. (See attached memo from Pete
Petersen, Golf Superintendent)
Golf 2 s/n 90731 with model 30788 deck, 6 years old. (See attached memo from Pete
Petersen, Golf Superintendent)
Summarv: The listed vehicles/egw pill ent comply with current replacement policy guidelines
and have been replaced. The equipment will be sold at auction or smaller cities and agencies as
needed.
Recommendations: Recommend that the City Council authorize staff to appropriately dispose
of the vehicles and equipment as described in this memorandum and listed above.
i
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: ZONING CODE AMENDMENT, ADMINISTRATION OF
DEVELOPMENT REGULATIONS, ORDINANCE — ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. amending
Chapter 12.01 of Kent City Code to correct and clarify city code permit processing
requirements and to add public notice requirements, as recommended by the
Planning & Economic Development Committee
1
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Planning & Economic Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes 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. 6E
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Chapter 12.01 of the Kent
City Code to correct and clarify city code permit processing
requirements and to add public notice requirements.
RECITALS
A. In an effort to reduce the cost and time needed to obtain land use
permits, in 1995 the State of Washington Regulatory Reform Act created provisions
for Local Project Review (Chapter 36.70B RCW). The City of Kent established permit
processes in accordance with the Act in November 1998 via adoption of Ordinance
No. 3424. At this time, several code amendments are needed to correct, clarify, and
amend Kent City Code ("KCC') Chapter 12.01 entitled Administration of
Development Regulations.
B. After a public hearing on March 27, 2006, the Land Use and Planning
Board recommended code amendments for correction and clarification purposes.
The Planning and Economic Development Committee considered the issue at its
meeting on May 15, 2006.
C. On June 6, 2006, the city council of the city of Kent approved
amendments to Chapter 12.01 KCC to correct, clarify, and add public notice
requirements.
1 Chapter 12.01 -Administrative
Development Regulations
D. On February 21, 2006, the city provided the required sixty (60) day
notification under RCW 36.70A.106 to the state of Washington regarding these
amendments to Chapter 12.01 KCC.
E. The City's State Environmental Policy Act responsible official
determined that SEPA review was not required because the amendments are
procedural in nature and therefore categorically exempt.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, — Amendment. Section 12.01.020 of the Kent City Code is
amended to read as follows:
Sec. 12.01.020. Definitions. Unless the context clearly requires
otherwise, the definitions in this section apply throughout this chapter.
A. Closed record appeals are administrative appeals under Chapter 36.70E
RCW which are heard by the city council or hearing examiner, following an open
record hearing on a project permit application when the appeal is on the record
with no or limited new evidence or information allowed to be submitted and only
appeal arguments allowed.
B. Judicial appeals are appeals filed by a party of record in King County
superior court.
C. Open record hearing means a hearing held under Chapter 36.70B RCW
and conducted by the Kent hearing examiner who is authorized by the city to
conduct such hearings, that creates the city's record through testimony and
submission of evidence and information, under procedures prescribed by the city
by ordinance or resolution. An open record hearing may be held prior to the
city's decision on a project permit to be known as an `open record pre-decision
2 Chapter 12.01 -Administrative
Development Regulations
hearing." An open record hearing may be held on an appeal, to be known as an
"open record appeal hearing," if no open record pre-decision hearing has been
held on the project permit.
D. Parties of record means:
1. The applicant;
2. The property tax payer as identified by the records available from
the King County assessor's office;
3. Any person who testified at the open record public hearing on the
application; and/or
4. Any person who submitted written comments during
administrative review or has submitted written comments concerning the
application at the open record public hearing (excluding persons who have only
signed petitions or form letters).
E. Project permit means any land use or environmental permit or license
required from the city of Kent for a project action, including but not limited to
budding permits, site development permits, land use preparation permits,
subdivisions, binding site plans, planned unit developments, conditional uses,
shoreline substantial development permits, development plan review, site
specific rezones authorized by the comprehensive plan; but excluding adoption
or amendment of the comprehensive plan and development regulations, zoning
of newly annexed land, area-wide rezones, and zoning map amendments except
as otherwise specifically included in this subsection.
F. Planning director means the director of the planning department of the
city of Kent or his/her designee.
G. Public meeting means an informal meeting, hearing, workshop, or other
public gathering of persons to obtain comments from the public or other
agencies on a proposed project permit prior to the aty's decision. A public
J Vi/M'/�YI J...W. A........Y"MM ve
Development Regulations
meeting may include, but is not limited to, a design review meeting, a special
committee meeting, such as the short subdivision committee, or a scoping
meeting on a draft environmental Impact statement. A public meeting does not
include an open record hearing. The proceedings at a public meeting may be
recorded and a report or recommendation may be included in the clty's project
permit application file.
SECTION Z - Amendment. Section 12.01.040 of the Kent City Code is
amended to read as follows:
Sec. 12.01.040. Project permit application framework.
A. Process types The following table lists the process types, the
corresponding applications, and parenthetically, the corresponding final decision
maker and appellate body.
Process I Process II Process III Process IV Process V r Process VI
Applications: Zoning permit Administrative Conditional use Planned unit Final plat(6) Zoning of
review(1) (7) design review permit(5)(10) development (10) newly annexed
(1)(7) (6)(10)with lands(6)(10)
change of use
Performance Shoreline Sign variance Special use Area-wide
standards substantial (5) (10) combining rezones to
procedures(1) development district(6)(10) implement new
(7) permit(1)(9) city policies(6)
Sign permit(1) Accessory Special home Rezone(6) Comprehensive
(7) dwelling unit occupation (10) plan
permit(1)(7) permit(5)(10) amendments
(6)(10)
_.
`Lot line Administrative Variance(5) ` Development
adjustment(1) variance(1) (10) ! regulations(6)
(7) (7) E (10)
Administrative Downtown Shoreline Zoning map
interpretation design review, conditional use amendments
(1)(7) all except for permit(5)(9) (6)(10)
minor remodels
(3)(7)
4 Chapter 12,01 -Administrative
Development Regulations
Process I Process II Process III Process IVY ,Process V Process VI r
Application Downtown Shoreline Zoning text
_ 'conditional design review, variance(5) amendments
certificabon only minor (9) (6)(10)
multifamily tax remodels(1)
exemption(1) (7)
(8),all other 3
a� multifamily tax
exemption (1)
(7)
Development Multifamily Preliminary plat
�4= plan review design review (5) (8)
,Applications:-
(planning (1) (7)
manager,
building
official,or
public works
director)(7)
Administrative Binding site
approval/VVTF plan (2)(7)
(1) (7)
Mobile home Short Planned unit
_ r _ park closure subdivision(4) development ,
(11)(7) (7) (5)(10)
without a
change of use
c _
Srd e a r. r-W ...ro..ti^,.W
(1)Final decision made by planning manager. (7)Appeal to hearing examiner.
(2)Final decision by binding site plan committee. (8)Appeal to city council.
(3)Final decision made by downtown design review committee. (9)Appeal to shoreline hearings board
(4)Final decision made by short subdivision committee (10)No administrative appeals,
(5)Final decision made by hearing examiner. (11)Final decision made by manager of
(6 Final decision made by city council, housing and human services.
5 Chapter 12.01 -Administrative
Development Regulations
B. Process procedures. The following table lists the process types and the
corresponding procedures.
Project Permit_Applications(Processed I-V) _ Legislative
Process I_ Process II Process III Process IV _ Process V Process VI
Requires pre- Yes,for projects Yes,for projects Yes,for projects Yes No No
application requiring SEPA requiring SEPA requiring SEPA
conference: review review review
Notice of Yes,for projects Yes,for projects Yes Yes No No
application, requiring SEPA requiring SEPA
review review,short ;
plats,and
shoreline
substantial
development
-permits,,__,__ —
Recommendatio N/A N/A N/A Hearing N/A Land use and
n made by examiner planning board
Final decision Planning Planning Hearing City council, City council City council
made by. manager, manager, examiner based upon
building official, downtown record made
public works design review before hearing
director,or committee, examiner
manager of binding site plan
housing and committee,or
human services short
as applicable subdivision
committee,as
noted in KCC
1201 140
Open record Yes,if appealed, Yes,if appealed, No No ,., NoJ No �
appeal: then before then before
hearing hearing
examiner examiner
Open record No No Yes, before Yes,before No Yes,before land
hearing: hearing hearing use and
examiner to examiner to planning board
make final make to make
decision recommendatio recommendatio
In to council n to city counal,
and/or before
citycounciI
Reconsideration No No Yes,of hearing ,Yes,of hearing No No
examiner's examiner's
decision recommendatio
_ n
Closed record Only if appeal of Only if Only if No No No
appeal, denial of appealed,then appealed,then
multifamily before the before the
conditional shoreline shoreline
certificate,then hearings board hearings board
before the city if applicable if applicable
council _
Judicial appeal: Yes Yes Yes Yes Yes Yes
6 Chapter 12.01 -A dMiniStra tive
Development Regulations
SECTION 3. — Amendment. Section 12.01.145 of the Kent City Code is
amended to read as follows:
12.01.145. Notice of public hear+ngoopen record hearing.
A. Notice of pubAe.�eaF#3gooen record hearing for all types of applications
The notice given of an publie hearineoopen record hearing required in this
chapter shall contain:
1. The name of the applicant or the applicant's representative;
2. Description of the affected property, which may be in the form of
either a vicinity location sketch or written description, other than a legal
description;
3. The date, time, and place of the hearing;
4. The nature of the proposed use or development;
5. A statement that all interested persons may appear and provide
testimony;
6. When and where information may be examined, and when and
how written comments addressing findings required for a decision by the
j hearing body may be submitted;
I
7. The name of a city representative to contact and the telephone
number where additional information may be obtained;
8. That a copy of the application, all documents and evidence relied
upon by the applicant and applicable criteria are available for inspection at no
cost and will be provided at the cost of reproduction; and
9. That a copy of the staff report will be available for inspection at
no cost at least five (5) calendar days prior to the hearing and copies will be
provided at the cost provided for in the city's public record disclosure policy.
7 Chapter.U.OZ -Administrative
Development Regulations
B. Mailed notice ofpubk �eariflgoaen record hearing. Mailed notice of the
publicheaFingopen record hearing shall be provided by the city as follows:
1. Process r,, Hand V actions No public notice is required because
an ne pabl+e hearitfgopen record hearing is not held. Notice for short plat
meetings is mailed to property owners within two hundred (200) feet. Shoreline
permit notices shall be in accordance with the requirements of WAC 173-27-110.
2. Process III and IV actions. The notice of public hear+ngopen
record hearing shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of the
county assessor's office within three hundred (300) feet of the subject property;
and
c. Any person who submits written comments, delivered to the
planning services offices, regarding the project permit.
3. Process IV preliminary plat actions. In addition to the general
notice of publte hearingopen record hearing requirements for Process IV actions
above, additional notice shall be provided as follows:
a. Notice of the filing of a preliminary plat of a proposed
subdivision located adjacent to the right-of-way of a state highway or within two
(2) miles of the boundary of a state or municipal airport shall be given to the
Secretary of Transportation, who must respond within fifteen (15) calendar days
of such notice.
b. Special notice of the hearing shall be given to adjacent land
owners by any other reasonable method the city deems necessary. Adjacent
land owners are the owners of real property, as shown by the records of the
King County assessor, located within three hundred (300) feet of any portion of
the boundary of the proposed subdivision. If the owner of the real property
which is proposed to be subdivided owns another parcel or parcels of real
property which lie adjacent to the real property proposed to be subdivided,
8 Chapter 12.01 -Administrative
Development Regulations
notice under RCW 58.17.090(1)(b) shall be given to owners of real property
located within three hundred (300) feet of such adjacently owned parcels.
4. Process VI actions. For Process VI legislative actions, the city
shall publish notice as described in subsection (C) and D of this section, and
use all other methods of notice as required by RCW 35A.12.160. For privately-
proposed amendments to the comprehensive plan land use map, notice of the
open record hearing shall be mailed to: a) The applicant; b) All owners of real
property as shown by the records of the county assessor's office within three
hundred (300) feet of the affected property; and c Any person who has
requested notice. For revised geographic scope of the privately-proposed land
use map amendments, notice of the open record hearing shall be given by
notification of all property owners within the revised land use map amendment
area.
C. Procedure for posted or published notice of publte /7 igoven record
I
hearin4.
1. Posted notice of the public hearingopen record hearing is
required for all Process III and IV actions. The posted notice of hearing shall be
added to the sign already posted on the property pursuant to KCC 12.01.140(F).
2. Published notice of the publiE-hearingopen record hearing is
required for all Process III and IV procedures. The published notice shall be
published in a newspaper of general circulation within the city and contain the
following information:
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. Comment period dates; and
e. Location where the complete application may be reviewed.
9 Chapter 12.01 -Administrative
De velopmen t Regula Lions
3. Published notice of the open record hearing is required for all
Process VI procedures The notice shall be published in a newspaper of general
circulation within the city and shall contain the project description and the
location where the complete file may be reviewed.
D. Time and cost of notice of p heafiRg Aen record hearing
1. Notice shall be mailed, posted and first published not less than
ten (10) calendar days prior to the hearing date. Any posted notice shall be
removed by the applicant within seven (7) calendar days following the
conclusion of publie heaFingthe open record hearing(s).
SECTION 4, — Amendment. Chapter 12.01 of the Kent City Code is
amended to add a section entitled "Notice of city council meetings on project permit
applications" as follows:
Sec 12.01.147. Notice of city council meetings on project permit
applications. Mailed notice of city council meetings on Process IV and VI project
permit applications shall be provided by the city to parties of record.
SECTION 5. —Amendment. Section 12.01.195 of the Kent City Code is
amended to read as follows:
Sec. 12.01.195. Closed record appeal.
A. This section shall allow for closed record appeals as provided in the
framework of KCC 12.01.040. A closed record appeal hearing shall be on the
record before the hearing body and no new evidence may be presented, unless
the new evidence is limited to information that could not have been placed on
the record previously.
B. Administrative appeals Only parties of record may initiate an
administrative appeal on a project permit application.
10 Chapter 12.01 -Administrative
Development Regulations
C. Time to file. An appeal must be filed within fourteen (14) calendar days
following issuance of the notice of decision. Appeals must be delivered to the
planning services office by mail, personal delivery, or received by fax before
4:30 p.m. on the last business day of the appeal period.
D. Computation of time. For the purposes of computing the time for filing
an appeal, the day the notice of decision is rendered shall not be included. The
last day of the appeal period shall be included unless it is a Saturday, Sunday, a
day designated by RCW 1.16.050, or by the city's ordinances as a legal holiday,
then it also is excluded and the filing must be completed on the next business
day (RCW '5^�7-G35A.21.080).
E. Content of appeal. Appeals shall be in writing, be accompanied by an
j appeal fee as set by the city council, and contain the following information:
1. Appellant's name, address, and phone number;
2. Appellant's statement describing his or her standing to appeal;
3. Identification of the application which is the subject of the
appeal;
4. Appellant's statement of grounds for appeal and the facts upon
which the appeal is based;
5. The relief sought, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and believes
the contents to be true, followed by the appellant's signature.
F. Effect The timely filing of an appeal shall stay the effective date of the
decision until such time as the appeal is adjudicated by the hearing examiner or
city council.
G. Order of proceedings. The closed record appeal shall only be open for
oral argument by the parties to the appeal.
H. Burden ofproof. The burden of proof is on the appellant.
11 Chapter 12.01 -Administrative
Development Regulations
SECTION 6, — Sa�in4s The existing chapter 12.01 of the Kent City Code,
which is repealed and replaced by this ordinance, shall remain in full force and effect
until the effective date of this ordinance.
SECTION 7, — Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTIONS, —Effective Date. This ordinance shall take effect and be in force
thirty (30 )days from and after its passage provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of . 2006.
APPROVED: day of . 2006.
(PUBLISHED: day of . 2006.
12 Chapter 12.01 -A dministra tive
Development Regulations
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\Ohl\ORDINANCRIZ-01-AdminDe Regs dx
I
13 Chapter 12.01 -Administrative
Development Regulations
Kent City Council Meeting
Date June 6. 2006
Category Consent Calendar
I1. SUBJECT: REVIEW OVERPASS ART PROPOSAL — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with
Carolyn Law for the Riverview Overpass Art Proposal in the amount of$55,000 and
approve the expenditure of funds in the City Art Plan budget.
In December 2005, City Council approved the Five Year City Art Plan, which included
the Riverview Overpass Project. The project is for transportation-themed art designed
for the overpass bridge over the Green River, which runs east/west between 228th
Street and Military Road Artist Carolyn Law was chosen by an art jury panel to
complete the art proposal for $55,000
3. EXHIBITS: Written outline of art
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure's 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, Councilmember seconds
i
i
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
RIVERVIEW BOULEVARD OVERPASS
Art Proposal by Carolyn Law
A NEW GATEWAY FOR KENT
tSITE
The site for the new overpass and road will define and create a new gateway for
Kent. What a gateway experience it is.
Whether you are rising up out of the valley going west, or dropping down into it
going east, the view is of much that defines the character of Kent's setting. People
will experience a meaningful sequence of visual events during their daily trips.
They pass over the Green River, physically sense the valley through the elevation
change, and have views that encompass the Cascades and Mt. Rainier. It is a lovely
■ path to take.
The overpass will be yet another essential ingredient of the gateway. As such, it
should be a memorable structure that people look forward to on their way to and
from — whether by car, on foot or bicycle.
1 VISION
My vision for the overpass is to make it less of a bulky, solid structure. It should be
a graceful, an eye-catcher.
The elements I would use to create this effect are:
• The daily changing light will play a large role in enlivening the structure through
shadow and light I hope the moon would also play a part.
• The fencing structure, color and materials will create a more ethereal and
sculptural safety barrier, rather then read as a confining barrier. It will shimmer
and move — creating a scrim of color that compliments, while simultaneously
contrasting with the surroundings. The structure will be purposefully different from
the natural surroundings.
1 • Effectively using a related group of colors in the fencing and on the various facets
of the concrete structure.
• The parapet could have a texture that enhances the overall structure. This
patterned surface could change as light plays over it.
• The underpass areas could have a calm sense to it through the addition of a
1 simple sculptural element — one to each site - that is a visual focal point for each
direction. The effect would be akin to a Japanese garden where individual elements
capture the eye and create the sense of calm and space. These elements would
most likely be of stone, but could be another single material formed into an elegant
shape or composition.
• Landscaping of the adjacent area will occur in the future. I will work with a
landscape architect to maximize the impact of the surrounding environment. The
goal will be to create an noteworthy setting for the overpass.
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: NEXTEL LEASE AGREEMENT FOR WIRELESS
COMMUNICATIONS EQUIPMENT AT WEST FENWICK PARK—
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to enter into a lease agreement
Iwith Nextel West Corporation to install wireless communications equipment at West
Fenwick Park, to accept the monthly fee of$1,300, and to approve the expenditure of
funds in the Light Pole Replacement budget.
Nextel West Corporation has requested authorization to install wireless communica-
tions equipment, plus obtain a nonexclusive access easement, at West Fenwick Park
(See Exhibits A and B). As part of the lease agreement, Nextel West Corporation will
pay the City $1,300 per month The revenue will fund replacement of light pole
supplies and equipment.
3. EXHIBITS: Lease agreement
4. RECOMMENDED BY: Parks and 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 P20072 Amount $1,300/month
Unbudgeted Revenue: Fund P20072.56250 Amount $1,300/month
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
t
tDISCUSSION:
ACTION:
Council Agenda
Item No 6G
LEASE AGREEMENT
TIUS LEASE AGREEMENT ("Lease") is entered into by and between the CITY OF
KENT, Washington municipal corporation ("Landlord") and NEXTEL WEST CORPORATION,
a Delaware corporation, d/b/a Nextel Communications, with its principal office in Washington
located at 10545 Willows Road NE, Suite 100, Redmond, Washington 98052 ("Tenant")
BACKGROUND
A- Landlord is the owner in fee simple of a parcel of land located in the City of Kent,
King County, Washington, legally described on the attached Exhibit A
B. Tenant is in the communications business and desires to lease a portion of the
Landlord's property, legally described on the attached Exhibit B, together with a nonexclusive
access easement, legally described on the attached Exhibit C
C Accordingly, the parties are entering into this Lease on the terms and conditions
set forth below
AGREEMENT
jIn consideration of their mutual covenants, the parties agree as follows:
' 1. Leased Premises Landlord leases to Tenant and Tenant leases from Landlord the
real property legally described on the attached Exhibit B (the "Premises") together with a non-
exclusive easement for ingress, egress and utilities over the adjacent real property legally
described on the attached Exhibit C (the "Access Easement"). The Land and the Access
Easement are collectively referred to as the "Premises".
This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way
Any such franchise or permit must be obtained separately from Landlord
2. Term and Option to Renew This Lease shall commence on the earlier of (a) nine
(9) months after the date of this Lease has been signed by both parties, or (b) the date Tenant
commences construction of its improvements at the Premises (the "Commencement Date"), and
end on the date that is one day before the five year anniversary of the Commencement Date
Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to
renew this Lease for two (2) additional five (5) year periods subject to the adjustment of Monthly
Rent as described in Section 3 Should Tenant exercise its option to renew this Lease, that
option must be exercised in writing and delivered to Landlord at least ninety (90) calendar days
before the end of the term
t
LEASE AGREEMENT AT WEST FENWICK PARK—Page 1 of 15
WA0738 Rerth Road
(Landlord C,ty of Kent;Tenant- Nedel Wer(Corporation) (March 6,2006)
3. Rent.
a. Tenant agrees to pay Landlord as Monthly Rent, without notice or
demand, the sum of ONE THOUSAND THREE HUNDRED AND NOi100 DOLLARS
($1,300 00), plus leasehold tax, if required by law, at a rate established by the State of
Washington, currently 12.84%, commencing on the Commencement Date. Subsequently, the
Monthly Rent shall be paid in advance, on or before the first day of the month during the term
hereof. Monthly Rent shall be mailed to City of Kent, 220 Fourth Avenue South, Kent,
Washington 98032, Attention Facilities Superintendent
b. Tenant shall pay Landlord a late payment charge equal to five percent
(5%) of the Monthly Rent for any payment not paid within five (5) calendar days of when due
Any amounts not paid when due shall bear interest until paid at the rate of two percent(2%) per
month
c The Monthly Rent during years two (2) through five (5) of each five (5)
year term shall be increased effective as of each anniversary of the Commencement Date by an
amount equal to the greater of four(4) percent or the percentage increase in the CPI over the CPI
for the month 12 months prior to the adjustment date "CPI" means the Consumer Price Index
for All Urban Consumers, U S. City Average, All Items, issued by the Bureau of Labor Statistics
for the United States Department of Labor(1982-84 = 100), If the CPI is converted to a different
standard reference base or otherwise revised, the adjustment set forth m this paragraph shall be
made with the use of the conversion formula published by the Bureau of Labor Statistics
d. The Monthly Rent during the first year of a renewal term will be adjusted
to Market Rent. As used herein, "Market Rent" means the rent paid for similar uses on similar
properties in the greater Puget Sound area If Landlord and Tenant cannot agree upon Market
Rent within thirty (30) days after Tenant presents its proposal for Market Rent, then the matter
shall be settled by binding arbitration by a single arbitrator who has experience in
telecommunications real estate leasing matters, Tenant shall present its proposal for Market Rent
when it exercises its option to renew the Lease The arbitration will be administered by JAMS if
the parties have not otherwise agreed to use a different arbitrator or arbitration process Each
party will submit to the arbitrator and each other at least ten (10) days in advance of the hearing
their best offers of Market Rent The arbitrator shall award the Market Rent figure that is closest
to the true Market Rent The costs of the arbitration shall be borne by the Tenant Each party
will bear the cost of its own attorney's fees
e Monthly Rent, and all other consideration to be paid or provided by
Tenant to Landlord shall constitute Rent and shall be paid or provided without offset
4 Use of Premises
a Tenant shal I use the Premises for the purpose of co-locating, maintaining,
replacing, removing, operating, and upgrading a wireless communications antenna on a pole
currently existing on the Premises Tenant shall also use the Premises for the purpose of
LEASE AGREEMENT AT WEST FENWICK PARK—Page 2 of 15
WA073R Reith Road
(Landlord Cig,ofkent, Tenant. Neztel West Corporation) (March 6,2006)
1 '
I constructing, maintaining, replacing, removing, operating, and upgrading related wireless
communication ground equipment, support structures, and cables The antenna and related
facilities shall collectively be referred to as the "Antenna Facilities" The Premises shall be used
for no other purpose. Tenant acknowledges that it must also negotiate for use of the existing
pole with the owner of the pole
' b Tenant shall, at its expense, comply with all present and future federal,
state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to
health, radio frequency emissions, other radiation and safety) in connection with the use,
operation, maintenance, construction and/or installation of the Antennae Facilities and/or the
Premises
5. Tenant improvements, Plans, Bonds
a. (1) Tenant may improve the Premises by constructing a wireless
communications antenna, and constricting related wireless communications ground equipment,
support structures and cables Tenant is required, as part of this Lease, to complete all the items
listed in Exhibit D Tenant is responsible to provide all labor, materials, and equipment
necessary for the items listed in Exhibit D Prior to commencing construction, Tenant shall
submit plans and specifications drawn to scale for all improvements to Landlord for Landlord's
written approval, such approval not to be unreasonably withheld. No improvement, construction,
installation or alteration shall be commenced until plans for such work have been approved by
the Landlord and all necessary permits have been pi operly issued Landlord's Parks, Recreation
& Community Services Department shall give such approval or provide Tenant with its requests
for changes within thirty (30) working days of Landlord's receipt of Tenant's work plans, The
plan and specifications review schedule described above does not apply to the City of Kent
acting as a governmental entity issuing permits and other approvals for the work Tenant is
requesting to perform.
(2) All improvements shall be constructed in a workmanlike manner
without the attachment of any liens to the Premises and shall be completed in compliance with
all permits, applicable laws, rules, ordinances, and regulations. If any lien is tiled, such lien shall
be removed from the Property within twenty(20) days
b. (1) The Tenant shall remove the Antennae Facilities from the Premises
upon termination of the Lease Such removal shall be done in a workmanlike and careful
manner and without interference or damage to any other equipment, structures or operations on
the Premises, including use of the Premises by Landlord or any of Landlord's assignees or
lessees
(2) Upon removal of the improvements (or portions thereof) as
provided above in subpart (1), Tenant shall restore the affected area of the Premises, normal
wear and tear excepted, to the reasonable satisfaction of the Landlord.
i
LEASE AGREEMENT AT WEST FENWICK PARK—Page 3 of 15
[f'J0738 Rerrh Road
(Landlord: City ojKent, Tenant• Neriel ir'est Corporation) (9farch 6 2006)
�� i
(3) All costs and expenses for the removal and restoration to be
performed by Tenant pursuant to subparts (1) and (2) above shall be borne by Tenant, and
Tenant shall hold Landlord harmless from any portion thereof
(4) if Tenant requests permission not to remove all or a portion of the
improvements upon termination of this Lease per section 5 b(l), and Landlord consents to such
non-removal, title to the affected improvements shall thereupon be transferred to Landlord and
the same thereafter shall be the sole and entire property of Landlord, and Tenant shall be relieved
of its duty to otherwise remove same All other alterations, improvements and structures located
or constructed on the Premises (except for movable equipment and trade fixtures). shall become
the property of Landlord upon termination of the Lease, except that Landlord may, by written
notice to Tenant, require Tenant to remove all such improvements upon termination of the Lease.
Any personal property, equipment, or other improvements which are not removed upon
termination of this Lease shall become the property of Landlord, at Landlord's option.
c Tenant shall annually post a bond (or, at Tenant's option, a letter of credit)
from a surety or bank reasonably acceptable to Landlord, in the amount of Fifteen Thousand
Dollars($15,000 000) Landlord may use these funds at the termination of the Lease for removal
of all improvements and repair of the Premises should Tenant not comply wit the requirements
of this section.
b. Use by Other Providers.
a. Tenant shall also design and construct all ancillary support facilities,
including any support buildings, so that I (one) Other Provider will have an adequate amount of
space to house their own support equipment.
b Tenant shall cooperate with each new Other Provider that Landlord leases
to in connection with their locating and placing their antennas and other facilities on the
Premises and in the ancillary support facilities
c Each new Other Provider shall be solely responsible for the cost of
locating and placing their equipment on the Premises The Other Provider shall also be
responsible for any liabilities that arise from the Other Provider's use of the Premises
7. Net Lease. Landlord shall not be required to make any expenditures of any kind
in connection with this Lease or to make any repairs or improvements to the Premises The
parties agree that this is a net Lease intended to assure Landlord the rent reserved on an absolute
net basis. In addition to the Monthly Rent reserved above, Tenant shall pay to the parties entitled
thereto all taxes, assessments, insurance premiums, maintenance charges, and any other direct
charges, costs and expenses against the Premises which may be contemplated under any
provisions of this Lease
LEASE AGREEMENT AT WEST FENWICK PARK—Page 4 of 15
IFA0734Reah Road
(Landlord Crty ofKent,Tenant: Nextel West Corporation) (March 6,2 00 6)
8. Maintenance
a, Tenant shall, at its own expense, maintain the Premises and all
improvements, equipment and other personal property on the Premises in good working order,
condition and repair Tenant shall keep the Premises free of debris and anvthing of a dangerous,
noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or
interference. Tenant shall install, maintain, and replace, when necessary, all landscaping on the
Premises required by City of Kent permits
b In the event the Landlord or any other Tenant undertakes painting,
construction or other alterations on the Landlord's property described in Exhibit A, Tenant shall
take reasonable measures, at Tenant's cost, to cover 'Tenant's equipment, personal property or
Antennae Facilities and protect them from paint and debris fallout which may occur during the
painting, construction or alteration process This requirement shall not be interpreted as a waiver
of any claim Tenant may raise either against Landlord or any third party due to the Landlord or
the third parties' negligence, so long as Tenant has taken reasonable measures to protect Tenant's
equipment, property, and facilities as required above
9. Access Landlord and its agents shall have the right to enter the Premises at
reasonable times to examine and inspect the Premises Tenant, Tenant's employees, agents and
contractors shall have access to the Premises without notice to Landlord twenty-four (24) hours a
day, seven (7) days a week, at no charge
10 Utilities Tenant shall, at its expense, separately meter charges for the
consumption of electricity and other utilities associated with its use of the Premises and shall
timely pay all costs associated therewith.
11. License Fees. Tenant shall pay, as they becorne due and payable, all fees,
charges, taxes and expenses required for licenses and/or permits required for or occasioned by
Tenant's use of the Premises.
12. Approvals, Compliance with Laws Tenant's use of the Premises is contingent
upon its obtaining all certificates, permits, zoning, and other approvals that may be required by
any federal, state or local authority Tenant shall erect, maintain and operate its Antennae
Facilities in accordance with site standards, statutes, ordinances, rules and regulations now in
effect or that may be issued thereafter by the Federal Communications Commission or any other
governing bodies
13 Interference
a Tenant's installation, operation, and maintenance of its transmission
facilities shall not damage or interfere in any way with Landlord's activities on the Premises
Tenant agrees to correct, within thirty (30) calendar days, all such actions which materially
interfere with Landlord's use of the Premises. Tenant agrees to promptly commence good faith
efforts to cure interference upon actual notice of such interference If the interference cannot be
LEASE AGREEMENT AT WEST FENWICK PARK—Page 5 of 15
WA0738Reith Road
(Landlord City ofKcnt,-Tenant Alwel Wea Corporation) (Warch 6,2006)
corrected without Tenant's wireless signal coverage goals from the Premises being materially
impacted, Tenant steal I have the right to terminate the Lease
b. Before approving the placement of Antennae Facilities, Landlord may ,
obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will
interfere with any existing communications facilities on the Premises
c In the event an Other Provider requests a lease to place any type of
antennae or transmission facility on the Premises, Landlord shall submit a proposal complete
with all technical specifications reasonably requested by Tenant to Tenant for review for
noninterference, however, Landlord shall not be required to provide Tenant with any
specifications or information claimed to be of a proprietary nature by the third party The Other
Provider shall be responsible for the reasonable cost of preparing the technical specifications for
its proposed transmission facility. Tenant shall have fifteen (15) calendar days following receipt
of said proposal to make any objections thereto, and failure to make any objection within said
fifteen (15) calendar day period shall be deemed consent by Tenant to the installation of
Antennae or transmission facilities pursuant to said proposal If Tenant gives notice of objection
due to interference during such fifteen (15) calendar day period and Tenant's objections are
verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless the
Other Provider modifies the proposal in a manner determined, in Landlord's reasonable
judgment, to adequately eliminate reasonable interference concerns asserted by Tenant In that
case, Landlord may proceed with the proposal In the event the Other Provider actually
interferes with the operations of Tenant, Landlord shall make good faith efforts to have the Other
Provider cease operation until the interference can be eliminated A governmental unit may be
allowed to place Antennae or other communications facilities on the Premises as long as there is
no interference with Tenant's use
14 Default It shall be a default if.
a Tenant defaults in the payment of Monthly Rent or any other sums
payable to Landlord when due, and does not cure such default within fifteen (15) calendar days
after written notice from Landlord
b Tenant abandons or vacates the Premises for a period longer than thirty
(30) days.
C. Tenant fails, at any time during this Lease (including optional renewal
periods), to conform or comply with any local land use, regulatory, or building permit
conditions issued by the City in connection with the construction, operation, or maintenance of
Tenant's-facilities contemplated in this Lease
d. Tenant is adjudicated as bankrupt or makes any assignment for the benefit
of creditors
e. Tenant becomes insolvent, or
LEASE AGREEMENT AT WEST FENWICK PARK—Page 6 of t5 j
1bA0733Reah Road
(Landlord Cny ofSent, Tenant. Nextel{Vest Corporation) (Alarch 6,2006)
I f Either party defaults in the performance of any other covenant or
condition of this Lease and does not cure such other default within thirty (30) calendar days after
written notice from the non-defaulting party specifying the default at issue
15. Cure by Landlord. In the event of any default of this Lease by Tenant, the
Landlord may at any time, after notice, cure the default for the account of and at the expense of
the Tenant If Landlord is compelled to pay or elects to pay any stun of money or to do any act
which will require the payment of any sum of money or is compelled to incur any expense,
including reasonable attorney fees in instituting, prosecuting or defending any action to enforce
the Landlord's rights under this Lease, the sums so paid by Landlord, with all interest, costs and
damages shall be deemed to be Additional Rent and shall be due from the Tenant to Landlord o❑
the first day of the month following the incurring of the respective expenses If Tenant disputes
the appropriateness of the Additional Rent in good faith, Tenant will pay such Additional Rent
"under protest" Any payment under protest by Tenant shall not be considered an admission of
liability or a waiver of Tenant's rights under this Agreement, and such payment shall be subject
to refund if Tenant's position is upheld by a court
16. Optional Termination. Except for instances of default as set forth in Section 14,
this Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license,
permit, or other governmental approval necessary for the construction and/or operation of the
1 Antennae Facilities or Tenant's business, (b) by Landlord if the Landlord decides, in its sole
discretion for any reason, to discontinue use of the Premises for city or public purposes, (c) by
Landlord if it determines through verifiable scientific evidence that continued use of the
Premises by Tenant is in fact a threat to health, safety or welfare, (d) by Landlord if Tenant's use
of the Premises violates applicable laws or ordinances, or (e) by Landlord if Tenant loses its
license to provide PCS/cellular service for any reason, including, but not limited to, non-renewal,
expiration, or cancellation of its license.
17. Damages and Attorney's Fees In the event of an instance of Tenant's default as
identified in Section 14 or Tenant's optional termination in Section 16, Landlord shall be entitled
to the amount of unpaid rent accrued through the date of termination, and liquidated damages in
the amount of six (6) months rent If it becomes necessary for the Landlord to use an attorney
and/or bring suit for damages or possession, or if Tenant shall bring any action for any relief
against Landlord, declaratory or otherwise, arising out of this Agreement, the prevailing party
shall have and recover against the other party in addition to the cost allowed by law, such sum as
the court may adjudge to be reasonable attorney's fees
18 Termination, Notice Any notice of termination pursuant to Section 16 shall be
given to the other party in writing at least thirty (30) calendar days prior to the termination date
by certified mail, return receipt requested, and shall be effective no sooner than thirty (30)
calendar days from the date of receipt of that notice
19. Damage or Destruction. If Tenant's improvements or any portion thereof are
destroyed or damaged so as to materially hinder effective use of the Premises through no fault or
negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) calendar days'
written notice to Landlord In such event, Tenant shall promptly remove all improvement from
LEASE AGREEMENT AT WEST FENWICK PARK-Page 7 of 15
WA073S Renh Road
(Landlord City ofKent Tenant Nevel West Corporation) (Harch 6,2006)
the Premises as set forth in Section 5(b) above. This Lease (and Tenant's obligation to pay rent)
shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at
which termination Tenant shall be entitled to the reimbursement of any Monthly Rent prepaid by
Tenant Landlord shall have no obligation to repair any damage to any portion of the Premises.
20 Condemnation In the event the Premises are taken by eminent domain, this
Lease shall terminate as of the date title to the Premises vests in the condemning authority In
the event a portion of the Premises is taken by eminent domain, either party shall have the right
to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to
the other party. In the event of any taking under the power of eminent domain, Tenant shall not
be entitled to any portion of the reward paid for the taking and the Landlord shall receive ftill
amount of such award Tenant shall hereby expressly waive any right or claim to any portion of
all damage awards, whether awarded as compensation for diminution in value of the leasehold or
the fee of the Premises Tenant shall have the right to claim and recover from the condemning
authority, but not from Landlord, such compensation as may be separately awarded or
recoverable by Tenant on account of any and all damage to Tenant's business and any costs or
expenses incurred by Tenant in moving/removing its equipment, personal property, Antennae
Facilities, and leasehold improvements
21. Indemnity
a. Disclaimer of Liability Landlord shall not at any time be liable for injury
or damage occurring to any person or property from any cause whatsoever arising out of Tenant's
negligent construction, maintenance, repair, use, operation, condition or dismantling of the
Premises, Tenant's Antennae Facilities, and any other improvements made by Tenant
b. Indemnification Tenant shall, at its sole cost and expense, indemnify and
hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord,
now existing or hereinafter created, and their respective officers, boards, commissions,
employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from
and against.
(1) Any and all liability, obligation, damages, penalties, claims, liens, j
costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses
of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be
asserted against the Indemnitees by reason of any intentional or negligent act or omission of
Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal
injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction
of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any
trademark, trade name, copyright, patent, service mark or any other right of any person, firm or
corporation, which may arise out of or be in any way connected with the construction,
installation, operation, maintenance, use or condition of Tenant's Antennae Facilities, Tenant's
use of the Premises, Tenant's other improvements, or Tenant's failure to comply with any
federal, state or local statute, ordinance or regulation
LEASE AGREENtENT AT WEST FENWICK PARK-Page 8 of 15
WA0738 Rerth Road
(Landlord City of Kent, Tenant- Newel West Corporation) (March 6,2006)
(2) Any and all liabilities, obligations, damages, penalties, claims,
liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and other consultants), which are ► nposed upon, incurred
by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor,
materials or supplies provided by or supplied to Tenant, its contractors or subcontractors, for the
installation, construction, operation, maintenance or use of the Premises, Tenant's Antennae
Facilities, Tenant's other improvements Tenant shall cause such claim or lien covering
Landlord's property to be discharged or bonded within twenty (20) days following Tenant's
notice of the same.
(3) Notwithstanding the foregoing, Tenant shall not indemnity, defend
or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs,
charges, losses or expenses (including, without limitation, reasonable fees and expenses of
attorneys, expert witnesses and other consultants), arising out of the Indemnitee's negligence or
willful misconduct.
c Assumption of Risk Tenant undertakes and assumes for its officers,
1 agents, affiliates, contractors and subcontractors and employees all risk of dangerous conditions,
if any, on or about the Premises. Tenant's assumption of risk shall not apply to any latent defects
or other dangerous situation, if Landlord knows or should know that defect or situation to exist
but has not disclosed that information to Tenant
d Defense of Indemnitees In the event any action or proceeding shall be
brought against the Indemnitees by reason of any matter for which the Indemnitees are
indemnified hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole
cost and expense, resist and defend the same; provided however, that Tenant shall not admit
1 liability in any such matter on behalf of the Indemnitees without the written consent of Landlord
and provided further that Indemnitees shall not admit liability for, nor enter into any compromise
or settlement of, any claim for which they are indemnified hereunder, without the prior written
consent of Tenant
e. Notice, Cooperation and Expenses Landlord shall give Tenant prompt
notice of the making of any claim or the commencement of any action, suit or other proceeding
covered by the provisions of this Section 21 Nothing herein shall be deemed to prevent
Landlord from cooperating with Tenant and participating in the defense of any litigation by
Landlord's attorney so long as the participation is coordinated with Tenant's attorney Tenant
shall pay all expenses incurred by Landlord in response to any such actions, suits or proceedings
These expenses shall include all out-of-pocket expenses such as the reasonable value of any
services rendered by the Landlord's attorney, the actual expenses of Landlord's agents,
employees, or expert witnesses, and disbursements and liabilities assumed by Landlord in
connection with such suits, actions or proceedings Provided, however, these expenses shall not
I include attorneys' fees for services that are unnecessarily duplicative of services provided
Landlord by Tenant
LEASE AGREEMENT AT WEST FENWICK PARK—Page 9 of IS
IVA0738 Renh Road
(Landlord. City ofEent,Tenant Nexlel Wetf Corporation) (March 6,2006)
22. Insurance.
a. Type and Amount During the term of the Lease, Tenant shall maintain,
or cause to be maintained, in full force and effect and at its sole cost and expense, the following
types and limits of insurance
(1) Worker's Compensation insurance meeting applicable statutory
requirements and employer's liability insurance with minimum limits of One Hundred Thousand
Dollars ($100,000) for each accident
(2) Comprehensive Commercial General Liability insurance written on
an occurrence basis with limits no less than One Million Dollars ($1,000,000) combined single
limit per occurrence and in the aggregate for bodily injury, personal injury and property damage
The policy shall provide blanket contractual liability insurance for all written contracts, and shall
include coverage for products and completed operations liability, independent contractor's
liability; coverage for property damage from perils of explosion, collapse or damage to
underground utilities, commonly known as XCU coverage.
(3) Automobile Liability insurance covering all owned, hired, and
non-owned vehicles in use by Tenant, its employees and agents, with personal protection
insurance and property protection insurance to comply with the provisions of state law with
minimum limits of One Million Dollars ($1,000,000 00) as the combined single limit for each
occurrence for bodily injury_ and property damage
(4) Excess Liability insurance with limits not less than Four Million
Dollars ($4,000,000 00) per occurrence and in the aggregate
(5) At the start of and during the period of any construction, builders
all-risk insurance, together with an installation floater or equivalent property coverage covering
cables, materials, machinery and supplies of any nature whatsoever which are to be used in or
incidental to the installation of the Antennae Facilities. Upon completion of the installation of
the Antennae Facilities, Tenant shall substitute for the foregoing insurance policies of fire,
extended coverage and vandalism and malicious mischief insurance on the Antennae Facilities.
The amount of insurance at all times shall be representative of the insurable values installed or
constructed.
(6) All policies other than those for Worker's Compensation shall be
written on an occurrence and not on a claim made basis.
(7) The coverage amounts set forth above may be met by a
combination of underlying and umbrella policies so long as in combination the limits equal or
exceed those stated
LEASE AGREEMENT AT WEST FENWICK PARK—Page 10 of 15
W.40738 Reith Road
(Landlord Crop qf Kent, Tenant- Nwel West Corporation) (March 6.2006)
1
b. Additional Insureds. All policies, except for business interruption and
worker's compensation policies, shall list Landlord and its officials, officers, employees, agents
and assigns, as their respective interests may appear, as additional insureds (herein referred to as
the "Additional Insureds") Each policy, which is to be endorsed to list Additional Insureds
hereunder, shall contain cross-liability wording, as follows
In the event of a claim being made hereunder by one insured for
which another insured is or may be liable, then this policy shall
cover such insured against whom a claim is or may be made in the
same manner as if separate policies had been issued to each
insured hereunder
lC. Evidence of Insurance- Certificates of insurance or self insurance for each
insurance policy required to be obtained by Tenant in compliance with this Section, together
with a copy of the endorsement listing the Landlord as additional insured shall be provided to
Landlord prior to the Commencement Date Tenant shall also provide Landlord written evidence
of payment of required premiums annually during the term of the Lease Tenant shall
immediately advise Landlord of any claim or litigation that may result in liability to Landlord
d. Cancellation of Policies of Insurance: All insurance policies maintained
pursuant to this Lease shall contain the following endorsement:
At least sixty (60) days prior written notice shall be given to
Landlord by the insurer of any intention (a) not to renew, (b) to
cancel or (c) to materially alter this insurance policy. Such notice
shall be given by registered mail to the Landlord.
e. Insurance Companies: All insurance shall be effected under valid and
enforceable policies, insured by insurers licensed to do business by the State of Washington or
surplus line carriers on the State of Washington Insurance Commissioner's approved list of
companies qualified to do business in the State of Washington All insurance carriers and
surplus line carriers shall be rated B+(XIH) or better by A_M Best Company
f Deductibles. Any payment of deductible or self-insured retention shall be
the sole responsibility of the Tenant
Ig Contractors Tenant shall require that each and every one of its
contractors and their subcontractors who perform work on the Premises carry, in full force and
effect, workers' compensation, comprehensive public liability and automobile liability insurance
coverage of the type which Tenant is required to obtain under the terms of this paragraph with
appropriate limits of insurance
h. Review of Limits Once during each calendar year during the term of this
Lease, Landlord may review the insurance coverage to be carried by Tenant If Landlord
reasonably determines that higher limits of coverage are necessary to protect the interests of
LEASE AGREEMENT AT WEST PENWICK PARK—Page i 1 of 15
' WA0738Re+th Road
(Landlord City offent, Tenant Neetel Weil Corporation) (March 6.2006)
i
Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional
limits of insurance, at its sole cost and expense
23 Hazardous Substance Indemnification Tenant represents and warrants that its use
of the Premises herein will not generate any hazardous substance, and it will not negligently or
intentionally store or dispose on the Premises nor transport to or over the Premises any
hazardous substance in violation of any federal or state law Tenant further agrees to hold
Landlord harmless from and indemnify Landlord against any release of any such hazardous
substance and any damage, loss, or expense or liability resulting from such release including all
attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the
negligence of Landlord, its employees or agents Similarly, Landlord warrants that the Premises
are free of any hazardous substances and agrees to indemnify and hold Tenant harmless from the
Landlord's negligent or intentional introduction of any hazardous substance by Landlord.
"Hazardous substance" shall be interpreted broadly to mean any substance or material defined or
designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or
radioactive substance, or other similar term by any federal, state or local environmental law,
regulation or rule presently in effect or promulgated in the future, as such laws, regulations or
rules may be amended from time to time, and it shall be interpreted to include, but not be limited
to, any substance which after release into the environment will or may reasonably be anticipated
to cause sickness, death or disease
24. Holding Over Any holding over after the expiration of the term hereof, with the
consent of the Landlord, shall be construed to be a tenancy from month to month and Monthly
Rent shall be paid by Tenant at two times the rents herein specified and shall otherwise be on the
terms and conditions herein specified, so far as applicable
25. Subordination to Mortgage Any mortgage now or subsequently placed upon any
property of which the Premises are a part shall be deemed to be prior in time and senior to the
rights of the Tenant under this Lease Tenant subordinate all of its interest in the leasehold estate
created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request,
execute any additional documents necessary to indicate this subordination within ten (10) days of
written request by Landlord
26 Acceptance of Premises. With the exception of latent defects and any hazardous ,
substance contamination existing prior to the Commencement Date, by taking possession of the
Premises, Tenant accepts the Premises in the condition existing as of the Commencement Date
Landlord makes no representation or warranty with respect to the condition of the Premises
27. Estoppel Certificate. Tenant shall, at any time and from time to time upon not
less than thirty (30) days prior request by Landlord, deliver to Landlord a statement in writing
certifying that (a) the Lease is unmodified and in full force (or if there have been modifications,
that the Lease is in frill force as modified and identify the modifications), (b) the dates to which
rent and other charges have been paid; (c) so far as the person making the certificate knows,
Landlord is not in default under any provisions of the Lease; and (d) such other matters as
Landlord may reasonably request.
LEASE AGREEMENT AT WEST FENWICK PARK-Page 12 of 15
WA0733 Retth Road
(Landlord CttyofKenr;Tenant Xe tel West Corporation) (March 6,2006)
28 Notices. All notices, requests, demands, and other communications hereunder
shall be in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested, to the following addresses
I
If to Landlord, to Facilities Manager City of Kent
220 Fourth Avenue South
Kent, WA 98032
With a copy to City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
If to Tenant, to* Nextel West Corporation
1255 Treat Blvd , Suite 800
Walnut Creek, CA 94597-7982
Attn Property Services
(925)279-2300
With a copy to. Nextel Communications, Inc
2001 Edmund Halley Drive
Reston, VA20191-3436
Attn Regional Legal Services, Contracts Manager
29. Assiinment and Subletting.
a. Tenant shall not sublet all or any part of the Premises Tenant shall not
assign its interest in this Lease without Landlord's prior written consent Consent by Landlord to
any assignment shall not constitute a waiver of the necessity of such consent to any subsequent
assignment. This prohibition against any assignment or subletting shall be construed to include a
prohibition against any subletting or assignment by operation of law If this Lease is assigned,
Landlord may collect rent from the assignee, and apply the net amount collected to the rent and
other obligations of Tenant hereunder reserved Consent by Landlord to an assignment shall not
be deemed a waiver or release of Tenant from the further performance by Tenant of the
covenants on the part of Tenant hereunder contained
b. If Tenant is a corporation, partnership, or limited liability company, and if
the control thereof changes at any time during the term of this Lease, then Landlord at its option
may, by giving ten (10) days prior written notice to Tenant, declare such change a breach of this
section unless Landlord has previously approved in writing the new controlling party.
LEASE AGREEMENT AT WEST FENWICK PARK—Page 13 of 15
WA0738 Reah Road
(Landlord City ojhent, Tenant Nextel Wert Corporation) (March 6,2006)
r
c. Any person or entity to which this Lease is assigned pursuant to the
provisions of the Bankruptcy Code, 11 USC §101, et seq , shall be deemed without further act to
have assumed all of the obligations of Tenant arising under this Lease on and after the date of
such assignment Any such assignee shall upon demand execute and deliver to Landlord an
instrument confirming such assumption. Any monies or other considerations payable or
otherwise to be delivered in connection with such assignment shall be paid to Landlord, shall be
the exclusive property of Landlord, and shall not constitute property of the Tenant or of the
estate of Tenant within the meaning of the Bankruptcy Code Any monies or other
considerations constituting Landlord' s property under the preceding sentence not paid or
delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid to
Landlord.
d Notwithstanding anything to the contrary in this Lease, Tenant shall have r
the right to assign this Lease to any of Tenant's partners or affiliates.
30. Other Leases. Nothing in this Lease shall preclude Landlord from leasing other
space for communications equipment to any person or entity who may be in competition with
Tenant, or any other party
31. Successors and Assigns. This Lease shall be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives and assigns
32. Non-Waiver. Failure of Landlord to insist on strict performance of any of the
conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder
shall not waive such rights, but Landlord shall have the rights to enforce such rights at any time
and take such action as might be lawful or authorized hereunder, either in law or equity The
receipt of any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a
waiver of such breach unless expressly set forth in writing
33. Taxes
a Tenant shall pay all real and personal property taxes (or payments in lieu
of taxes) and assessments for the Premises that are directly the result of Tenant's communication
equipment, if any, which become due and payable during the term of this Lease. All such
payments shall be made, and evidence of all such payments shall be provided to Landlord, at
least ten (10) days prior to the delinquency date of the payment. Tenant shall pay all taxes on its
personal property on the Premises
b Tenant shall indemnify Landlord from any and all liability, obligation,
damages, penalties, claims, liens, costs, charges, losses and expenses (including, without
limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which
may be imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or
assessed on Tenant's Property on the Premises
LEASE AGREEMENT AT WEST FENWICK PARK—Page 14 of 15
LV40738 Renh Road
(Landlord- City of Lent Tenant, Nextel Wecf Corporanon) (Afarch 6,2006)
C. If the methods of taxation in effect at the Commencement Date of the
Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and
special assessments now imposed on property there is imposed a tax upon or against the rentals
payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided
for the payment of real and personal property taxes.
34 Miscellaneous.
1 a. Landlord and Tenant represent that each, respectively, has full right,
power, and authority to execute this Lease
b. This Lease constitutes the entire agreement and understanding of the
parties and supersedes all offers, negotiations, and other agreements of any kind There are no
representations or understandings of any kind not set forth herein Any modification of or
amendment to this Lease must be in writing and executed by both parties.
C. This Lease shall be construed in accordance with the laws of the State of
Washington. Venue and jurisdiction of any lawsuit arising out of the performance or obligations
of this lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent,
Washington
d If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
I THIS LEASE IS EXECUTED and shall become effective on the last date indicated
below.
LANDLORD: TENANT:
CITY OF KENT NEXTEL WEST CORPORATION
By: By-
Print Name- Jim White Print Name Mary Murdoch
I Its- Mayor Its. 1�ieEG�ie. �7c Gam"✓E�Ur��+yT/ �9�f'NcJ
J J
DATE. DATE-
APPROVED AS TO FORM: ATTEST:
Kent Law Department BRENDA JACOBER, KENT CITY CLERK
P�Gv�RFf1.5S'ApenFiesW66} 1e11.'ax-WcslFemvckFarlO30fi06Final&C
1 LEASE AGREEMENT AT WEST FENWICK PARK—Page 15 of 15
WA0733 Renh Road
(Landlord- City off ent,Tenant Nertel West Corporation) (March 6,2006)
EXHIBIT A
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
The lazir3 1.1 ttk- ,x rrtr}t}t< } t -;rs is, r6l.,sa`-ed the StAte
'T'h ca3t hal of the n--rcheAst gaartt *f the aorth.'est gtxa--rer n:t
.section a" t j'ownsni 22 Nc th,
7V c2S:l l.l�Lw:l«
'T'i.^,M"=M.A^2 W:W,` that rortiwt t;d uitt wr,,*,t balf of tT^+. its,t ^tits«�r.I, c ttdt f,r
or, r,.,JL td St-0 iol, <. 'V'Ky f"a4:., Ot CyM
aarqi;k of :r ? A"eaue so�jth aacw zkcirt 1 of the %:C,i 3CS=FF
'rrArw A of ItaT3fal; T',trk
to tht pi-at `.,hc-r' .^.o
<�%. sf: ':}1'T:>� !;S'}ti'2",,y♦ A,94.�E`.k3;.�:v-Y. '
Situated in the County of King, State of Washington
LEASE AGREEMENT-EXHIBIT A '
(Landlord, City of Kent,Tenant.Navel We rt Corporation)
r
r
EXHIBIT B
THAT 'x`OR SO?d OF THE .^AST HALF O^ TlIi Es N0RT,:-iFA,`-T QUARTER 3F
TT;^ NORTi`,OES2" (??:�r^yLLcC';'�h yOF .�iTE:;�p7TTON 7 "CaTrl�d;?ITS 2_. vT-R1H
LsXTNG SOUTHEi LY Or' THE RE—Ti T OAD LL S :I:? Ie AS FOLIkOWS
COnMMI-14'C'ING AT A Fr31MID 2" 3PUNS,SS. DISK WITH PUNCH IN '-'ASE, -C-0-W+7
t 0.3 w'T AT 7-1B !NT7-RS F'-TDON OF 4'2ND A'VEM-2' SO"H REYM
"' ; THENCE
T E T � 1 .T' J .l V
101��.�, .Iiz.<�.� .:. AI,,t33tiC :,�. LIME 'BETWEEN fiA7:; FOUNT' �; ' H�;.7�::� DISK
:-'J4D A FOUND 1 8" T'SIRASS :'l1; IN (-ON RETU IN +SASE, i)OWN 0 .7
k.52'r AT T'!F TWF.Ts2gPCT:.LTv *fib' K,END AV iE S TU , WIT: .a✓J::I
261ST STREE , WHICH LIES SUCH 04°14'54` ;'AST A OF
470.54 BEET FROM SAID VOUN1TJ 2- 1nT'cMS DISKp THIENTC E SOArM
04` 14' i-4" FAT A DIST'A17CE OF 45.33 SETT; TFiENCE NORTH
7 3 00 9' 0'r +ITr J.»"t f"Y J.3 IS'A".3.tNCE OF 53 . 94 'l ,'T'; TFI.sNCE SOUTi:
'74056' 12" WEST, A DISIANCE OF 61 . 93 r°w T", '21J NCE SOUTE:
15*� 3' 43" FAST, A DI1STANC`7- OF '2 . 50 FEE',; 'THENCE N+ORT 3
74 5f ' .ya EAST, A DIST"ANC`.F OF 5.00, FER7, 're A 11:)INT ON THE
itiES T.—.EPILY .,TXIF 0',F E1 is R01 i,:,,I i) t:Qtl.l.P'.'9L.NT ARRA, S A.3 T) +£'02NT
H;'I,'ETNA FTER REFERRED TO X3 POINT "A" ; '4147NCE CCOUTE
15 kN .3, g S" EAST, A DISTANCE, 01? ? . S C+ �`,= Ti. --H 'RUSE .POINT OF
BE;INNI111, '711E;' -CE 14OPT"H '74055' 12' Mhn'r, A DISTsNC.;� OF 20 JLI
i"EE;`1 TO THE S+OUTHEASTURLY CORNER OF THIS PROPOSED TEASE
ARFA, SAI-J' Ci_',RI4ER HEKE;iNAFTER RE.I'L".RRr-M— TCi A rCi�T�
THENCE NORT-A 15-t 03'46" MESS', A DIS'.CP.1iCE; OF 15 .00 F F:R-r'
TETI'Iii'Ia SOLM1 4°5S` 12" WEST, A :DISTANCE E OF 20 .00 FR7-7;
THENCE S013T111 15"03'48" EAST, A TSTANCE Or 1.5 . 00 -FEB':' TO 'M?,
i
t
1
LEASE AGREEMENT-Exhibit"B"
(Landlord Ciry of Kent,Tenant A'extel Weit Corporation)
EXHIBIT C !
ACCESS EASEMENT
Tv-77TO a ro v T p r, .vim �^ �. ♦ e /' 5 !
.!_ :I:� ,}� i�tT:I"£i A TF.SI �Ct�i i�IL?F, ri..�,£;�a z.(�.lEv�I:�tdT L,X::�T.� ,�, iJf;
FEET ON SACI3 .;.TIDE OF TH: FOLL OWINv DESCRIBED FT.S k`vF;NT
KMRG��T}vN�3N!:t-40 �,.'�y TH { H:,RSiX ABOVE DE�SIR IF3!>l G)1� r `Am ,Y'YT'HENaCE } ,
SiF:l1 } ll 4ti a>( dd.» WEST, A DISil�.'-CE 'O 5. '00 :.'i'E�f; �1�L'•1�CE Lvtli', IT
.u• _`f���,#rt WEST, A, LiISJTAN1.Z OP 222 50 FrF'`; ;
7405 a` 12" ';AST, A UlS`i'ANM OF h1 . 93 I EET TiIE-mcR soJTli !
( .1 `09'300 EAST", i?lS` PuNCE OF 2. . V' MOR;� ;...R LESS' TD Ti�E
WE- yyyYLY t-M GIB�': OF 42M AVE. S. AND TH13 T,:,JRM-NT34 0? SAID
!
I
LEASE AGREEMENT-Exhibit"C"
(Landlord City ojf:enr, Tenant Navel l4es(Corporahon)
EXHIBIT D
i
SCOPE OF WORK TO BE COMPLETED BY NEXTEL WEST CORPORATION
Installation of a wireless communications facility at West Fenwick Park A lease area of
20'xl5' will be constructed west of the existing Puget Sound Energy pole in a secured
and landscaped compound which will house the radio equipment necessary to operate the
facility No construction shall begin until all construction drawings are approved by City
of Kent Parks Department All construction shall be timed to avoid interference with the
City of Kent Parks Department's programming of the Property. A construction schedule
shall be submtitted, by Nextel West Corporation, and approved, by City of Kent Parks
Department prior to construction A preconstruction meeting shall occur prior to the start
of construction The General Contractor's attendance at this meeting is manditory
LEASE AGREEMENT—E\lubtt"D"
(Landlord 00,ofk7cm, Tenant Nextel Nest Corporation)
r
rKent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1 1. SUBJECT: MORFORD FAMILY DONATION FOR EAGLE SCOUT
PLAQUES —ACCEPT AND AMEND BUDGET
r2. SUMMARY STATEMENT: Accept the donation of$1,500 from the Morford
family to fund Eagle Scout recognition plaques and approve the expenditure of funds in
the Eagle Scouts project budget.
The Parks Adopt-A-Park Program works with local Boy Scouts to offer projects in
parks, trails and open spaces that are suitable for Eagle Scout advancement. Upon
completion of the projects, the City recognizes each Scout with a plaque at the project
site As part of the City's acknowledgment of appreciation to the Scouts, they are also
identified on the City's web page and in the Parks Program Guide. Carol and Paul
Morford are parents of Eagle Scouts and have generously supported this recognition
project by donating funds for the purchase of the brass engraved plaques.
3. EXHIBITS: Revenue report
4 RECOMMENDED BY: Parks and 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 P20083 Amount $1,500.00
Unbudgeted Revenue: Fund P20083 56718 Amount $1,500.00
6. CITY COUNCIL ACTION:
Councdmember moves, Councilmember seconds
1
' DISCUSSION:
' ACTION:
Council Agenda
Item No 6H
R55GA006 City of Kent 5/1/2006 Page 1
Journal Entry/Budget Change
Doc#: 39605 Ledger Type: AA Journal Entry
Doc Type: JR Batch#- 71476
' Explanation: PP&D#74 Eagle Scout Plaques GIL Date: 411712006
Automatic Reversal? No Created by: JBROOM Last Changed by: SSHAW
tLine# B Unit Object Subsidiary Subledger Debit Amount Credit Amount Account Explanation Reference
10 P20083 56718 1,500 00- Eagle Scout Plaque'Morford
' Journal Entry Totals: 1,500 00-
1 have reviewed this journal entry for accuracy, validity and appropriateness It is a true representation
of transactions incurred while conducting City business Appropriate supporting documentation is attached
Dept-Authorized by: Finance- Reviewed by:
1
r
rKent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: QUOTA INTERNATIONAL DONATION FOR SERVICE CLUB
BALLFIELDS — ACCEPT AND AMEND BUDGET
r2. SUMMARY STATEMENT: Accept the donation of S5,000 from Quota
International of Kent Valley in support of the Service Club Park development and
authorize the expenditure of funds in the Service Club BallGelds budget.
r At the July 15, 2004, Parks Committee, Quota International voted to match the $37,000
pledges from local service clubs in support of the Service Club Ballfield project Quota
International is a women's based service club that has supported services to children in
the Kent area for over 13 years This is the second installment of their original pledge.
3. EXHIBITS: Revenue report
4 RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
r5. FISCAL IMPACT
Expenditure" X Revenue? x
r Currently inthe Budget? Yes No X
If no:
r Unbudgeted Expense: Fund P20024 Amount S5,000 00
Unbudgeted Revenue. Fund P20024 56710 Amount $5,000 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
i
1
rDISCUSSION:
ACTION:
rCouncil Agenda
Item No 6I
t
R55GA006 City of Kent 4/27/2006 Page 1
' Journal Entry/Budget Change
' Doc#: 39855 Ledger Type: AA Journal Entry
Doc Type: JR Batch#: 71926
Explanation: PP&D#82 Service Club/Quota G/L Date: 4/2712006
Automatic Reversal? No Created by: JBROOM Last Changed by: JBROOM
' Line# B Unit Object Subsidiary Subledger Debit Amount Credit Amount Account Explanation Reference
10 P20024 56710 5,000 00- Service Club/Quota Donation
20 1 11110 0010 5,00000 Service Club/Quota Donation
Journal Entry Totals 5,00000 5,000 00-
' 1 have reviewed this journal entry for accuracy, validity and appropriateness It is a true representation
of transactions incurred while conducting City business Appropriate supporting documentation is attached
' Dept-Authorized by: _ _ _ Finance -Reviewed by: ___
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
' 1. SUBJECT: SOROPTIMIST DONATION FOR SERVICE CLUB BALLFIELDS —
ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: Accept the $7,750 donation from Soroptimist
International and authorize the expenditure of funds in the Service Club Park budget.
The $7,750 from Soroptimist International of Kent is the final payment from their
original pledge of$35,000 to support the construction of Service Club Park. To
recognize the contributions from the participating service clubs, play fields will be
named for each club. The park is currently under construction.
' 3. EXHIBITS: Revenue Report and Letter from the Soroptimist Club
4. RECOMMENDED BY: Parks and 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 P20024 Amount $7,750 00
Unbudgeted Revenue: Fund P20024.56710 Amount $7,750 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
R55GA006 City of Kent 311512006 Page 1
' Journal Entry 1 Budget Change
Doc#: 38816 Ledger Type: AA Journal Entry
Doc Type: JR Batch#• 69977
Explanation: PP&D 1150 Service Club Donation G/L Date: 3/1 512 0 06
Automatic Reversal? No Created by* JBROOM Last Changed by: JBROOM
Line# B Unit _ Object Subsidiary Subledger Debit Amount Credit Amount Account Explanation _, ^ Reference
10 P20024 56710 7,750 00- Service Club Pari;Soroptimist
20 1 11110 0010 7,75000 - - -- Service Club Paris/Soroptimist
Journal Entry Totals: 7,75000 7,750 00-
1 have reviewed this journal entry for accuracy, validity and appropriateness It is a true representation
of transactions incurred while conducting City business Appropriate supporting documentation is attached
Dept-Authorized by: _, _ Finance -Reviewed by:
N) "fn
hlnt II',
S O R ( ) I"I I M I S T 9SU-354P o LIS A
March 6, 2006
1
John Hodgson
' Kent Parks & Recreation
220 4`h Ave. S.
Kent, WA 98032
Dear John:
Enclosed is a check in the amount of$7,750.00 made payable to Kent Parks & Recreation This
payment satisfies the$35,000 pledge made to the Service Club Bal I Fields project on behalf of the
Soroptimist International Club of Kent
We are very pleased that our small service club of women was able to raise this amount of money for the
project. We look forward to seeing the"Soroptimist" field when it is complete.
Sincerely,
' Lois Maier, President
Soroptimist International Club of Kent
' Enclosure
f,n110g11Q(n,°;d,ti
n+nana,rrrrst{rl.
m LuJ, omuunlhc
q'n((iL P1n'(h qll
lih JhL lr(
' Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: AMERICAN LEGION DONATION FOR MILL CREEK PARK—
ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: Accept the donation of$300 from the American
Legion Post 15 to fund the installation of a gate and fence at Mill Creek and approve
the expenditure of funds in the Life Cycle project budget.
To secure their access road to Mill Creek Park from Canyon Drive, the American
Legion Post 15 has requested the City install a fence and gate to keep park and trail
users from using their property to enter the park The Legion has provided a donation
to off-set the cost of materials.
3. EXHIBITS: Revenue report
4. RECOMMENDED BY: Parks and 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 P20105 Amount $300.00
Unbudgeted Revenue: Fund P20105.56710 Amount $300 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6K
R55GA006 City of Kent 1/5/2005 Page 1
Journal Entry/Budget Change
uoc#: 28486 Ledger Type: AA Journal Entry
Doc Type: JR Batch#: 50690
Explanation: PP&D Deposit#3 Park Donations GIL Date: 1/5/2005
Automatic Reversal? No Created by: JBROOM Last Changed by: JBROOM
Line# B Unit_ Object Subsidiary Subledger -Debit-,Amount Credit Amount Account Explanation____ Reference
1 0 P20024 56710 1,824 72- Service Club Park/Kiwanis Club
20 P20024 56710 8,500 00- Service Club/Sunrise Rotary
30 P20105 56710 300 00- Mill Creek Gate/Amer Legion<-
4 0 1 11110 0010 1,82472 Service Club Park/Kiwanis Club
50 1 11110 0010 8,50000 Service Club/Sunrise Rotary
60 1 11110 0010 30000 Mill Creek Gate/Amer Legion
Journal Entry Totals: 10,624 72 10,624 72-
pt-Authorized by: Finance-Reviewed by:
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
GRANT APPLICATION RESOLUTIONS FOR MISCELLANEOUS
PARKS — ADOPT
2. SUMMARY STATEMENT: Adopt Resolution Nos and
authorizing grant applications to the Interagency Committee for Outdoor
Recreation Washington through the Wildlife and Recreation Program If awarded,
funds will be applied toward the development of 132nd Avenue Neighborhood Park,
Eagle Creek Neighborhood Park, Riverview Community Park, and West Hill
Neighborhood Park.
3. EXHIBITS: Resolutions
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
(j Currently in the Budget? Yes No
■ If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6L
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, authorizing application to the
Interagency Committee for Outdoor Recreation (IAC) for
state funding assistance for a Washington Wildlife and
Recreation Program ("WWRP"), as provided in Ch 79A 15
RCW
RECITALS
A. The City of Kent has approved a comprehensive plan that includes the
132"d Avenue Neighborhood Park development project
B Under the provisions of the WWRP, state funding assistance has been
requested to aid in financing the development cost of the 132 d Avenue Neighborhood
Park.
C. The City of Kent considers it in the best public interest to complete the
development project described in the application in order to develop the 132nd Avenue
Neighborhood Park area
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS.
1 IAC Resolution-
132"d Avenue Park Development
RESOLUTION
SECTION 1. — Application The City's director of Parks, Recreation, and
Community Services is authorized to make formal application to IAC for funding
assistance
SECTION 2. — Use of Funds Any funding assistance received will be used for
the implementation of the project referenced above, which is the development of the
132"d Avenue Neighborhood Park area
SECTION 3. — Non-cash Commitments. The City of Kent acknowledges that it
is responsible for supporting all non-cash commitments to the sponsor share should
they not materialize
SECTION 4. — Use Retained in Perpetuity The City of Kent acknowledges that
any property acquired or facility developed with IAC financial aid must be placed in use
as an outdoor recreation facility and be retained in such use in perpetuity unless
otherwise provided and agreed to by the City of Kent and IAC
SECTION 5. — Resolution — Part of Application This resolution may become
part of a formal application to IAC
SECTION 6. — Public Comment The City of Kent provided opportunity for
public comment on this application at a Parks Committee public meeting on February
16, 2006
SECTION 7. — Severability If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution
2 IAC Resolution—
132"d Avenue Park Development
1
SECTION 8. — Ratification Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed
SECTION 9. — Effective Date. This resolution shall take effect and be in force
immediately upon its passage
PASSED at a regular open public meeting by the City Council of the City of Kent,
Washington, this day of 2006
CONCURRED in by the Mayor of the City of Kent this day of
SUZETTE COOKE, MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No
passed by the City Council of the City of Kent, Washington, the day of
2006
BRENDA JACOBER, CITY CLERK
3 IAC Resolution—
132nd Avenue Park Development
i
i
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, authorizing application to the
Interagency Committee for Outdoor Recreation (IAC) for
state funding assistance for a Washington Wildlife and
Recreation Program ("WWRP"), as provided in Ch. 79A 15
RCW
RECITALS
A. The City of Kent has approved a comprehensive plan that includes the
Eagle Creek Park development project
B Under the provisions of the WWRP, state funding assistance has been
requested to aid in financing the development cost of the Eagle Creek Park
C. The City of Kent considers it in the best public interest to complete the
development project described in the application in order to develop the Eagle Creek
Park area
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
1 /A C Resolution-
Eagle Creek Park Development
RESOLUTION
SECTION 9. — Application The City's director of Parks, Recreation, and
Community Services is authorized to make formal application to IAC for funding
assistance
SECTION 2. — Use of Funds Any funding assistance received will be used for
the implementation of the project referenced above, which is the development of the
Eagle Creek Park area
SECTION 3. — Non-cash Commitments. The City of Kent acknowledges that it
is responsible for supporting all non-cash commitments to the sponsor share should
they not materialize
SECTION 4. — Use Retained in Perpetuity The City of Kent acknowledges that
any property acquired or facility developed with IAC financial aid must be placed in use
as an outdoor recreation facility and be retained in such use in perpetuity unless
otherwise provided and agreed to by the City of Kent and IAC
SECTION 5. — Resolution — Part of Application This resolution may become
part of a formal application to IAC
SECTION 6. — Public Comment The City of Kent provided opportunity for
public comment on this application at a Parks Committee public meeting on February
16, 2006
SECTION 7. — Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
2 IAC Resolution—
Eagle Creek Park Development
SECTION 8. - Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed
SECTION 9. - Effective Date This resolution shall take effect and be in force
immediately upon its passage
PASSED at a regular open public meeting by the City Council of the City of Kent,
Washington, this day of 2006
CONCURRED in by the Mayor of the City of Kent this day of
SUZETTE COOKE, MAYOR
ATTEST
i
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
1 hereby certify that this is a true and correct copy of Resolution No
passed by the City Council of the City of Kent, Washington, the day of
2006
BRENDA JACOBER, CITY CLERK
3 IA Resolution-
Eagle Creek Park Development
L
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, authorizing application to the
Interagency Committee for Outdoor Recreation (IAC) for
state funding assistance for an Washington Wildlife and
Recreation Program ("WWRP°) program as provided in Ch
79 105 150 RCW
RECITALS
A The City of Kent has approved a comprehensive plan that includes the
Riverview Park development protect
E B Under the provisions of the WWRP program, state funding assistance
has been requested to aid in financing the development cost of the Riverview Park
area.
I C. The City of Kent considers it in the best public interest to complete the
development project described in the application in order to develop the Riverview
Park area.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS•
t
1 lAC Resolution—
Riverview Park Development
RESOLUTION
SECTION 1. — Application The City's director of Parks, Recreation, and
Community Services is authorized to make formal application to IAC for funding
assistance.
SECTION 2. — Use of Funds Any funding assistance received will be used for
the implementation of the project referenced above, which is the development of the
Riverview Park area
SECTION 3. — Non-cash Commitments. The City of Kent acknowledges that it
is responsible for supporting all non-cash commitments to the sponsor share should
they not materialize
SECTION 4. — Use Retained in Perpetuity The City of Kent acknowledges that
any property acquired or facility developed with IAC financial aid must be placed in use
as an outdoor recreation facility and be retained in such use in perpetuity unless
otherwise provided and agreed to by the City of Kent and IAC
SECTION 5. — Resolution — Part of Application. This resolution may become
part of a formal application to IAC
SECTION 6. — Public Comment. The City of Kent provided opportunity for
public comment on this application at a Parks Committee public meeting on February
16, 2006
SECTION 7. — SeverabilitV If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution
2 IAC Resolution—
Riverview Park Development
SECTION 8. — Ra6fica6on Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed
SECTION 9. — Effective Date This resolution shall take effect and be in force
immediately upon its passage
PASSED at a regular open public meeting by the City Council of the City of Kent,
Washington, this day of , 2006
CONCURRED in by the Mayor of the City of Kent this day of
SUZETTE COOKE, MAYOR
ATTEST:
t
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
1 passed by the City Council of the City of Kent, Washington, the day of
2006
BRENDA JACOBER, CITY CLERK
3 IAC Resolution—
Riverview Park Development
j
1
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, authorizing application to the
Interagency Committee for Outdoor Recreation (IAC) for
' state funding assistance for a Washington Wildlife and
Recreation Program ("WWRP") as provided in Ch. 79A 15
RCW
RECITALS
A The City of Kent has approved a comprehensive plan that includes the
West Hill Park development project
B. Under the provisions of the WWRP, state funding assistance has been
requested to aid in financing the development cost of the West Hill Park
C. The City of Kent considers it in the best public interest to complete the
development project described in the application in order to develop the West Hill Park
j area
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
t
1
t
1 /AC Resolution-
West Hill Park Development
1
1
RESOLUTION
SECTION 1. — Application The City's director of Parks, Recreation, and
Community Services is authorized to make formal application to IAC for funding
assistance
SECTION 2. — Use of Funds Any funding assistance received will be used for
the implementation of the project referenced above, which is the development of the
West Hill Park area
SECTION 3. — Non-cash Commitments The City of Kent acknowledges that it
is responsible for supporting all non-cash commitments to the sponsor share should
they not materialize
SECTION 4. — Use Retained in Perpetuity. The City of Kent acknowledges that
any property acquired or facility developed with IAC financial aid must be placed in use
as an outdoor recreation facility and be retained in such use in perpetuity unless
otherwise provided and agreed to by the City of Kent and IAC
SECTION 5. — Resolution — Part of Application This resolution may become
part of a formal application to IAC
SECTION 6. — Public Comment The City of Kent provided opportunity for
public comment on this application at a Parks Committee public meeting on February i
16, 2006
SECTION 7. — Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution
2 IAC Resolution—
West Hill Park Development
i
SECTION 8. - RatIficabon Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed
SECTION 9. - Effective Date. This resolution shall take effect and be in force
immediately upon its passage
PASSED at a regular open public meeting by the City Council of the City of Kent,
Washington, this day of 2006
CONCURRED in by the Mayor of the City of Kent this day of
l
SUZETTE COOKE, MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
iI hereby certify that this is a true and correct copy of Resolution No
passed by the City Council of the City of Kent, Washington, the day of
, 2006
BRENDA JACOBER, CITY CLERK
3 IAC Resolution-
West Hill Park Development
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
GRANT APPLICATION RESOLUTION FOR FARMLAND
PRESERVATION — ADOPT
2. SUMMARY STATEMENT: Adopt Resolution No. authorizing the grant
application to the Interagency Committee for Outdoor Recreation, Washington Wildlife
and Recreation Program through the Farmland Preservation Category If awarded,
funds will be applied toward the acquisition of property adjacent to the Green River and
across the river from Riverview Community Park.
i
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Parks and Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue: Fund Amount S
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION.
ACTION:
Council Agenda
Item No. 6M
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, authorizing application to the
Interagency Committee for Outdoor Recreation (IAC) for
state funding assistance for an Washington Wildlife and
Recreation Program ("WWRP") program as provided in Ch
79 105 150 RCW
RECITALS
A The City of Kent has approved a comprehensive plan that includes the
Green River Area Farmland Acquisition project
B. Under the provisions of the WWRP program, state funding assistance
has been requested to aid in financing the acquisition cost of the Green River
Farmland area
C The City of Kent considers it in the best public interest to complete the
acquisition project described in the application in order to preserve the Green River
Farmland area
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
1 IAC Resolution-
IFarmland Preservation Acquisition
RESOLUTION
SECTION 1. — Application. The City's director of Parks, Recreation, and
Community Services is authorized to make formal application to IAC for funding
assistance
SECTION 2. — Use of Funds Any funding assistance received will be used for
the implementation of the project referenced above, which is the acquisition of the
Green River Farmland area
SECTION 3. — Non-cash Commitments The City of Kent acknowledges that it
is responsible for supporting all non-cash commitments to the sponsor share should
they not materialize
SECTION 4. — Use Retained in Perpetuity. The City of Kent acknowledges that
any property acquired or facility developed with IAC financial aid must be placed in use
as an outdoor recreation facility and be retained in such use in perpetuity unless
otherwise provided and agreed to by the City of Kent and IAC
SECTION 5. — Resolution — Part of Application This resolution may become
part of a formal application to IAC
SECTION 6. — Public Comment. The City of Kent provided opportunity for
public comment on this application at a Parks Committee public meeting on February
16, 2006
SECTION 7. — Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
2 IAC Resolution—
Farmland Preservation Acquisition
SECTION 8. — Ratification Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed.
SECTION 9. — Effective Date This resolution shall take effect and be in force
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of Kent,
Washington, this day of 2006
CONCURRED in by the Mayor of the City of Kent this day of
SUZETTE COOKE, MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
i
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No
passed by the City Council of the City of Kent, Washington, the day of
2006
BRENDA JACOBER, CITY CLERK
3 JAC Resolution—
Farmland Preservation Acquisition
1
Kent City Council Meeting
Date June 6. 2006
Category Consent Calendar
I. SUBJECT: KIWANIS CLUB OF KENT DONATION— ACCEPT
2. SUMMARY STATEMENT: Accept the Kiwanis Club of Kent donation in the
amount of$450
The Kent Drinking Driver Task Force (DDTF) has received a donation in the amount of
$450. The Cunds were used to purchase prizes for the winner of the "Keep A Friend
Alive" poster design contest.
3. EXHIBITS: Copy of check
4. RECOMMENDED BY: Public Safety Committee 5/18/06
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure" N/A Revenue? N/A
Currently in the Budget9 Yes No X
If no:
I Unbudgeted Expense: Fund N00706 Amount $450 00
Unbudgeted Revenue: Fund N00706 Amount $450.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
i
DISCUSSION:
ACTION:
Council Agenda
Item No. 6N
POLICE DEPARTMENT
Chuck Miller, Interim Chief of Police
• 'phone 253-856-5888
KETIT Fax 253-856-68u,
\h•. niu�i Jw
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: Mav 18. 2006
TO: Public Safety Committee
SUBJECT: Kiwanis Club of Kent donation in the amount of$450.
MOTION: I move to recommend that Council accept the donation from Kiwanis Club of Kent in
the amount of$450 and place this on the Consent Calendar for the June 6, 2006 Council Meeting.
SUMMARY: The Kent Drinking Driver Task- Farce (DDTF)has received a donation from the
Kiwanis Chib of Kent in the amount of$450. The funds were used to purchase prizes for the winners of
the "Keep A Friend Alive" poster design contest.
EXHIBITS: Copy of Kiwans Club of Kent check.
BUDGET IMPACT: None.
BACKGROUND:
Pubbc Safety Committee Subject Kiwams Club of Rent donation
Date May 18,2006
KIWANIS CLUB OF KENT 2022
SERVICE
18214 143R DAVE SE /� �j))�� 98-670/1251
RENTON,WA96058 /�,�� d'6 G
425-255-8640 L—
y DATG
rA�TO Tee � Q�
OR(JF_ROF ' !�—l_ Lt v� f sJU
/
DnLLAfLS
YB YalmyUs
1 24-Hour Customer Service
Call(800)4482490 or fmn
Puyatl.,FA na(253)770-3543
FOR ! C f ��-_Uy`� rC __ �-t'—/(/� _ea
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT
ANTI-DUI MESSAGE — ACCEPT
2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission
mini-grant in the amount of$799.
The Kent Drinking Driver Task Force (DDTF) has been awarded a WTSC mini-grant
in the amount of$799 The funds will be used to purchase 3,250 coffee sleeves with an
anti-DUI message for distribution at local coffee stands and community events.
1 No matching funds are required by the City.
3. EXHIBITS: WSTC award letter dated 4/18/06
4. RECOMMENDED BY: Public Safety Committee 5/18/06
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund N00806 Amount $799 00
Unbudgeted Revenue: Fund N00806 Amount $799 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 60
POLICE DEPARTMENT
Chuck Miller, Interim Chief of Police
• Phone 253-856-5888
KEN T Fax 253-856-6802
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: May IS, 2006
TO: Public Safety Committee
SUBJECT: Washington Traffic Safety Commission grant award in the amount of$799.
MOTION: I move to recommend that Council accept the Washington Traffic Safety Commission
grant in the amount of$799 and place this on the Consent Calendar for the June 6,2006 Council
Meeting.
SUMMARY: The Kent Police Department has been awarded a grant in the amount of$799 from the
Washington Traffic Safety Commission (WTSC). The funds will be used to purchase 3,250 coffee
sleeves with an anti-DUI niessaue foi-distribution at local coffee stands and community events
This grant is awarded on a reimbursement basis.
EXHIBITS: Copy of award letter fi•om WTSC dated 4/1 S/06.
B(IDGET IMPACT: None.
BACKGROUND:
Public Safety Couunittee Subject-WTSC grant$799 coffee sleeves
Date May M 2005
I ST.iT
�C
ITATE C:E VW--P NIGT0,4
I VVIra H I -,1GTON TR,'-`JFF€C SAFETY COMIkI.AiSSECI',I
is,0.i,<hery St.,PO ROX 409-4 o (aly apro,Wash' gfor? 58504 044 . 060) :i ? ,
April 18, 2006
i
Nancy Mathews, Coordinator
Kent Drinking Driver Task Force
220 Fourth Avenue South
Kent, Washington 980322-5895
Dear Nancy:
I received your mini-grant request for funds to purchase coffee sleeves with an
anti-DUI message for distribution at local coffee stands and community evenis
Your request has been granted for a maximum of$799.
As with all our grants, these funds are awarded on a reimbursement basis, and
all invoices and receipts must be submitted within 60 des of the completion of
your Purchase. I am enclosing an A-19 Invoice Voucher for you to complete and
serid voth the paperwork.
Keep up the good work, and see you soon'
Best regards,
z'"� `
1 Gina Beretta
Program Manager
t
t
Kent City Council Meeting
Date .tune 6. 2006
Category Consent Calendar
1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT
"CLICK IT OR TICKET" — ACCEPT
2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission
grant in the amount of S6,000
The Kent Police Department has been awarded a grant from the Washington Traffic
L Safety Commission (WTSC) in the amount of$6,000 00 to fund officer overtime for
the seat belt enforcement program entitled, "Click It or Ticket". This is an enforcement
activity with "zero tolerance" for seat belt violators The Kent Police Department
program period will run from May 15 —June 3, 2006 The WTSC program will include
media and public education activities.
3. EXHIBITS: Copy of award letter from WTSC dated 4/28/06
4. RECOMMENDED BY: Public Safety Committee 5/18/06
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditures N/A Revenue? N/A
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund N00806 Amount $6,000.00
Unbudgeted Revenue: Fund N00806 Amount $6,000 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6P
POLICE DEPARTMENT
Chuck Miller, Interim Chief of Police
Phone 253-8-858-5888
•
Fax 253-856-6802
K E N T
W A S H I N G r O N Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: May 18, 2006
TO: Public Safety Committee
SUBJECT: Washington Traffic Safety Commission grant award in the amount of$6,000.00.
MOTION: I move to recommend that Council accept the Washington Traffic Safety Commission
grant in the amount of$6,000.00 and place this on the Consent Calendar for the June 6, 2006
Council Meeting.
SUMMARY: The Kent Police Department has been awarded a grant from the Washington Traffic
Safety Commission (WTSC) ❑, the amount of$6,000.00 to fund officer overtime for the seat belt
enforcement program entitled, "Click It or Ticket". This is in enforcement actively with "zero
i tolerance" for seat belt violators.
■ The Kent Police Department program period will run from May 15 —June 3. 2006. The WTSC program
Will include media and public education activities. Funding is on a reimbursement basis.
! EXHIBITS: Copy of award letter from WTSC dated April 28, 2006.
BUDGET IMPACT: None
BACKGROUND: The goal of the federal grant is to save lives and prevent serious injuries on
Washington's roadways by increasing the seat belt usage rate
1
! City of Kent Public Safety Committee WTSC Click it or Ticket$6,000 grant
May 18,2006
5 4Wl
STATE Of WASHINGTON
ASHINGTON TRAFFIC SAFETY COMMISSION
Cbeis p S(,PO Sar 40344 •ob•:ql'a, Washeab"On 58504-69-A,�pCo) 753-6197
April 28, 2006
1 Debra LeRoy
Kent Police Department
2204.. South
Kent WA 98032
Dear Ms. LeRoy:
Your grant request for$6000 00 to participate in the Click It or Ticket seut belt mobilization,
May 15 through June 3, 2006, is approved. Enclosed you will find a signed copy of the
Memorandum of Understanding between your agency and the Washington Traffic Safety
Commission
As outlined in the grant announcement, funding is on a "reimbursement" basis and requires
submission of a State invoice voucher upon completion of activity. Support documents for
reimbursement must include signed overtime slips or payroll/expense records showing
payments made, individual officer activity logs demonstrating performance, a combined log
tallying all officer activity for the overtime, and pre/post seat belt use surveys for your area We
encourage you to copy the entire original grant package and forward it to your fiscal
department to avoid confusion during the reimbursement process. As it rs with most of
our funding, these are federal dollars. This is important for your fiscal office to know The
CFDA number for these federal funds is 20 602.
Performance standards for funded personnel are a minimum of three (3) self-initiated contacts
per hour funded with a "desired outcome" of three (3) traffic citations per hour Allowable use of
funds is for overtime salary (a@ 1 5 times normal rate), and wages and benefits of commissioned
personnel in direct support of operational activity No equipment purchases are authorized
Submissions for reimbursement and support documents are due no later than July 1, 2006
Faxed invoices cannot be accepted.
Thank you for your participation in this program. If you have questions, please don't hesitate to
contact re.
Sincerely,
Z
Angie Ward
Occupant Protection Program Manager
(360) 753-0877
award€(D_wtsc wa.gov
AW:tw
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT
PROJECT "SAFEROAD" —ACCEPT
2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission
grant in the amount of$20,175.
The Kent Police Department has been awarded a grant from the Washington Traffic
Safety Commission (WTSC) in the amount of$20,175.00 for Project SAFEROAD.
The funds will be used to purchase five (5) fixed mount 18-inch speed advisory signs
along identified high incident arterials and corridors in Kent.
This grant is awarded on a reimbursement basis.
3. EXHIBITS: Copy of award letter from WTSC dated 11/23/05
4. RECOMMENDED BY: Public Safety Committee 5/18/06
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure' X Revenue? X
Currently in the Budget? Yes X No
If no
Unbudgeted Expense: Fund N00806 Amount $20,175 00
Unbudgeted Revenue: Fund N00806 Amount $20,175 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
1
DISCUSSION:
ACTION:
Council Agenda
Item No 6Q
POLICE DEPARTMENT
^ Chuck Miller, Interim Chief of Police
/KEN, Phone 253-856-5888
`*w/ K GT Fax 25 -850-6802
02
Address: 220 Fourth Avenue S
Kent, WA.98032-5895
' DATE: May 18, 2006
TO: Public Safety Committee
SUBJECT: Washington Traffic Safety Commission grant award for$20,175.00.
MOTION: I move to recommend that Council accept the Washington Traffic Safety Commission
grans in the amount of$20,175 and place this on the Consent Calendar for the June 6, 2006
Council Meeting.
SUMMARY: The Trent Police Department has been awarded a Washington Traffic Safety
Commission grant in the amount of$20,175 for Project SAFEROAD The funds will be used to
Purchase five (5) fixed nl0unt 18-inch speed advisoiv signs along idenh lied high incident anei ials and
corridors in Kent.
This grant is awarded on a reimbursement basis.
EXHIBITS: Copy of award letter dated November 23, 2005 from WTSC
BUDGET IMPACT: None.
BACKGROUND:
I
t
t
t
Public Safety Committee Subject WTSC grant Project SAFFROAD
Date May 18.2006
h
;TOTE OF WR AS INGTON
;TON TRAFFIC SAFETY '
`I= i�a=rry tiI- PC)Boa 4CO944 e C?P)mpta, NVashim4tew 9,%,7 4-i944 a (,'60) 753 - Get,
23 November 2005
Sgt. Pat Lowery
Kent Police Department
220 - Fourth Avenue South
Kent, Washington 98032
I?A.�
Dear S.gt:-EoVvery:
On behalf of the Washington Traffic Safety Commission, I am pleased to
inform you that the City of Kent Police Department, SAFEROAAD Project, has
been awarded a grant in an amount not to exceed $20,175.00 to purchase
five fixed mount 18 inch speed advisory signs along identified high incident
arterials and corridors in Kent. Although this is less funding than you
requested, I am sure your agency will be able to put this money to good use.
Please pay for purchase of the speed advisory signs using your normal
agency procedures and then submit an invoice for reimbursement to me.
Please use the following reimbursement procedure•
1. Your agency must be billed for the costs.
2. Your agency must pay the bill.
3. Your agency must submit a copy of your bill with the attached
Invoice Voucher (A19-1A Form) to me at the Washington Traffic
Safety Commission for reimbursement. Please note that we cannot
accept these documents by FAX. Be sure to have your agency
identified as the "Claimant", a Federal Tax ID #, and an original
signature of your agency head on the A-19 Form.
4. Your agency will be reimbursed when the A-19 Form and copy of
your bill are received in our office.
I appreciate the excellent analysis that has determined the need for and
solution to the speed problems on the city streets of Kent. If you have
questions or if I can be of further service, please contact me by telephone at
360.753.3022 or by email at pnerup@wtsc.wa.gov.
Sincerely,
Penny Ner/Dp, Program Manager
Police Traffic Services
t
Washington Traffic Safety Commission
Project Agreement
Section 2
Description of Activity
In this section, the following five elements should be defined in narrative form (1) Problem
Identification, (2) Agency Qualifications, (3) Project Goal(s), (4) Project Activities and Tasks, and
(5) Project Evaluation (See Required Proposal Contents, page 8, for details )
Problem Identification
The City of Kent has historically experienced high levels of traffic related complaints and
traffic collisions. These collisions have resulted in high levels of property loss, as well as
increasing injury and death rates. Property damage and injury rates increased 3-5%
annually since 2001. During the same period, fatality rates remained variable, averaging
6 6 deaths annually. Current trends for 2005 reveal no change in these trends. In
response, an on-going process of engineering improvements has been introduced into
many of these areas with limited success. These have included re-design and re-
budding of problematic locations, as well as enhanced signahzation improvements. A re-
build of the pedestrian signal system through the downtown area is planned for 2006.
Enforcement programs have also yielded success. In June 2000 the Police and Traffic
Engineering leadership worked together to install 15 blue LED signal enforcement
lamps at problematic intersections. This allowed for enhanced intersection-violation
enforcement This program will double in 2005 to incorporate over 25 intersections
In December 2004 the Kent Police Department collected 2003 collision data to establish
a baseline of traffic collision data. The goal was to determine causation factors and
identify the most frequent collision locations From this data base, 13 traffic corridors
were identified. These state/regional/local routes accounted for 96% of all our
intersection collisions. The majority of non-intersection collisions also occurred along
these same routes Not surprisingly, these routes also accounted for over 75% of all
non-collision traffic related calls for service_ These complaints dealt with a range of
activity From child and adult restraint violations to aggressive and reckless driving
Agency Qualifications
The Kent Police Department traffic division has a long history of successfully completing
grants and mini grant emphasis projects with the WTSC. Through the Kent Drinking I
Driver Task Force, the police department has established partnerships with neighboring
jurisdictions, including King County Sheriffs Office and Washington State Patrol.
Proiect Goal
Achieve a sustained 25% reduction in collisions and injury collisions along identified
routes through signage and enforcement. The proposed project will enhance emphasis
and increase the database to demonstrate the sustamability.
' Proiect Activities and Tasks
In response to this data, the Kent Police Department initiated Protect SAFEROAAD'.
Drawing on real-time data regarding collisions and errant driving complaints,
supervisors deploy traffic enforcement officers to specific corridors of travel within the
City of Kent, during those times of the day when collisions and traffic incidents rates are
at their highest The focus for deployment is to create a high visibility police presence.
Preliminary two month data reflects a 30% reduction in traffic complaints, and a 35%
reduction in collisions within the targeted areas during the first two months of 2005.
Despite this success, limitations in the availability of staff by both hour-of-day and day-
of-week have highlighted the need for additional means by which to elevate driver
awareness around the clock In an effort to further reduce the incidents of traffic
collisions, and their attending injury and death rates, along with the reported incidents of
aggressive driving and other driving infractions, the Kent Police Department plans to
increase driver awareness with the introduction of a series of speed advisory signs
It is the intent of the Kent Police Department that upon approval of this request, we will
purchase and install ten (10) fixed mount 18 inch speed advisory signs along identified
high incident artenals and corridors. The location of these signs would be determined by
evaluating current collision rates, reported incidents of aggressive or errant driving, as
well as environmental concerns such as proximity to schools and parks A semi-annual
evaluation of the location for each sign would be conducted to validate the location of
placement, or demonstrate the need to move a particular sign to another location of
greater statistical significance
The Kent Drinking Driver Task Force will conduct quarterly education and awareness
campaigns in collaboration with the targeted traffic emphasis to include: DUI, occupant
protection, intersection safety, red light running, crosswalk violations, aggressive
driving, speed, underage drinking, and school zone emphasis.
Proiect Evaluation
The Kent Police Department will utilize the SAFEROAAD traffic data collection system.
We will use this data to perform monthly evaluations of overall traffic safety rates,
identify trends or conditions that lend themselves to dangerous traffic situations, as well
as validate the placement and effectiveness of the Speed Advisory Signs purchased
through this grant. This project started collecting real-time data for local traffic collisions
and traffic complaints in 2004 as a means to supplement the 2003 data The
SAFEROAAD data base currently collects data for collisions and traffic incidents by day
of week, time of day, location, contributing and causing circumstance, as well as
alcohol/substance contribution.
Starting in June 2005 this program will be further enhanced through the introduction of a
specialized computer software program, purchased by the Kent Traffic Engineering
Department and shared with the Kent Police Department This program will continue to
track each of these incidents by the previously identified factors, as well as tracking
restraint usage, injury profiles, and roadway description.
The Drinking Driver Task Force will report quarterly on the ongoing evaluation of
collisions within the corridors, identifying trends or conditions that lend themselves to
crashes, restraint usage and injury profiles Education and awareness efforts will be
adjusted to address the changing collision dynamics.
Rtafi¢tinal AcsinnmPnt For FnfnrcPmP.nt RP(iirp¢ nrrurrPnr.P-of Arririante anri AnnrPsciva nnvinn
Grant Request Form f Project Agreement
Washington Traffic Safety Commission
1000 South Cherry Street
PO Box 40944
Olympia, Washington 98504-0944
360.753 6197 - 360 586 6489 (fax)
www.wtsc wa gov
sysop@wtsc wa gov
Section 1
Authorization ,
Project title: SAFEROAAD-Statistical Assignment For Enforcement Reduces ,
Occurrences of Accidents and Aggressive Driving
Check the goal that best describes your proposal:
_Increase seat belt use
Reduce deaths and injuries resulting from alcohol and drug impaired driving
X Reduce deaths and injuries resulting from speeding
X Reduce deaths and injuries resulting from aggressive driving
Reduce deaths and injuries of pedestrians
—Reduce
deaths and injuries of motorcyclists
—Reduce
deaths and injuries of bicyclists ,
increase the use of child safety seats and booster seats
—increase helmet use by motorcyclists and bicyclists
_Improve the safety of children in school zones and on or around school buses
_Reduce emergency medical services response time to traffic injuries
Upgrade traffic records and data systems
—Other
Applicant agencytorganization: Kent Police Department
Applicant project director: Sgt Pat Lowery Traffic Sergeant
(name)
220 4"' Avenue South, Kent WA. 98032 plowery@ci kent wa.us 253-856-5833
Address email telephone
Applicant agencylorganization authorizing official (person with contracting authority):
Ed Crawford Chief of Police
(name) (title)
ecrawfordta"2ci.kent.wa.us 253-856-5888
(address, if different than,abQve) email telephone
(signature) (date)
WTSC Use Only:
WTSC Program Manager
Planned Protect Duration: From: October 1,2005 To: Member 30,2006
Approved by Name: Lowell Porter Federal(HSP)Protect Number:
Title: Director Federal Funds(obligated)$
Signature: CFDA Number
Date.
Washington Traffic Safety Commission
Project Agreement
Section 3
Budget Summary
Budget:
WTSC Share Applicant Matching
Share (if applicable)
1. Salaries and Wages. $ 0 $24,700
' 113 traffic sergeant salaries and wages
(6076 x 3 months)/3 = $6,076
(6076 x 9 months) +2.2% CPI/3 =$18,629
2 Employee Benefits $0 $ 9,100
113 traffic sergeant benefits
(2243 x 3 months)13 = $2,243
(2243 x 9 months) +2 2%CPI/3 =$6,877
3. Travel and Subsistence. $0 $0
4. Contractual Services: $0 $0
` 5 Equipment 10—Kustom Signals I ru2system
18"speed advisory display signs. $40,350
Engineering Department software $ 1,200
6. Goods and Services $0 $0
7. Total linesl-6 (Amount Requested from WTSC) $40,350
8.Total lines 1-6 (Amount provided by applicant) $35,000
Total Project Cost (Add lines 7 & 8): $75,350.00
WTSC Use Only
Cost Shanng Matching Share:
(Washington Traffic Safety Commission use only) WSP Field Salaries FY
Share Amount Percent Applies To
Federal $ State
State $ Local
L Political Subdivision: $
Total Estimated Cost $
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: BUREAU OF JUSTICE ASSISTANCE GRANT — ACCEPT
I 2. SUMMARY STATEMENT: Accept the Bureau of Justice Assistance FY 2006
grant in the amount of$29,312.
The Kent Police Department has been awarded a grant from the Bureau of Justice
Assistance in the amount of$29,312. The funds will be used to plan for a crime
analysis function with the purchase of equipment, supplies and training.
There is no city match required
3. EXHIBITS: Copy of award letter dated 5/2/06
4. RECOMMENDED BY: Public Safetv Committee 5118/06
(Committee, Staff, Examiner, Commission, etc )
I5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
I 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 6R
POLICE DEPARTMENT
Chuck Miller, Interim Chief of Police
' + Phone 253-856-5888
K E N T Fax 253-856-6802
AASH ING TO N Address 220 Fourth Avenue S
Kent, WA 98032-589�
DATE: May 18, 2006
TO: Public Safety Committee
SUBJECT: Bureau of Justice Assistance FY 2006 grant.
MOTION: I move to recommend that Council accept the Bureau of Justice Assistance FY 2006
grant in the amount of$29,312 and place this on the Consent Calendar far the June 6, 2006
Council Meeling.
SUMMARY: The Kent Pollee Department has been awarded a grant from the Bureau of Justice
Assistance FY 2006 in the amount of S29,312.00. The grant funds will be used to plan for a crune
analysis function with the purchase of equipment, supplies and training.
There is no city funding match required.
EXHIBITS: Copy of award letter front Department of Justice, Office of Justice Programs dated May 2,
I 2006.
BUDGET IMPACT: None.
BACKGROUND: We have received snnilat Department of Justice grants in the past.
i
City of Kent Public Safety Committee Dept of Justice grant
May 18,2006
Department of Jnshcc
a �
Office of Justice Programs
Bureau of Justice Ae,i,tance
' Office of Justice Programs ir�,b,ng,.>++ PC ]usrr
May 2,2006
The Honorable Suzette Cooke
City of Kent
220 South 4th Avenue
kern WA 1)S032-5845
Deal Mayor Cooke
On behalfol Attoi ney General Alberto Gonzales,rt is my pleasure to nrform you that the Office of Jushcc Programs ha,
approved your application for linidmg under the FY^_ouo Ldwaid By me hf�nirmal Justice Assistance Grant(JAG)Pro'Ii din tit
the amount of$2o 312 for City of Kent
Enclosed you will find the Giant Awaid and Special Conditions document, This award IS subject to all administrative and
IinaneW tequnenicnte mctudinr;we nnaely suhmwvon tit all hnan,ul and piogrdnunan�iepoils re,olulion ofall urtenm
ludo findings_and the naamtenancc of a nummum leNel of cash-on-hand Should you ant adhere to these rcquiiemonts,you
will hem violation of the terms el This agrcenieni and the award wdl he subject to tennmation for cause or other adimnutiative
action ds dppi opi late
If you have quest+ons regarding this award please contact
- Program Questions, leffiey S Felten-Gieen,Program Manager at(202)514-8874,and
- Financial Questions,the Office of the Comptroller Customer Service Center(CSC)at
(800)458-0736,or you may contact the CSC at ask octi-vusdol gov
Congratulations,and we look forward to working with you
Sincerely,
Donnngo S Herraiz
Director,Bureau of Justice Assistance
Enclosures
r
Department of Twoce
0�xr �
Office of hlshce Programs I PAGE I OF Bureau ofJustice Assistance Grant
II
1 RECIPIENTNAME AND ADDRESS Onchrdmg Z_1pCodel 4AWARDNVMBER 21106-DI-BY-0440
_--
Oty of 1.e11
^^(,South alh A S PROWCT PERIOD FROM 10'0120)5 TO 0913041,1W
I lent AA'^Wa<495
BUDGET PER IOD FROM I0011210S To 10;1011009
o A%MARDD4TF 05,021�1N1fi ACTION
IA GRAN IEF IRSIVENDCrR NO R SUPPLEAfENT NUMBER hol"I
916fN1 L'GS
9 PREVIOUS AWARD AMOUNT
1 PROIFCTTrrLC
10 AKJOLRJ"F OF THIS AWARD x2971^_
Crone Analvsrs/Crrolpn(er Foreasi.InresOgoOnn
i
11 TOTAL AWARD R_"r 112
I_ SPFCIALCONDITIONS
_ I i
THE ABOVE GRANT PROJECT IS APPROV ED SUBIECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAOFIS)
II STATUTORYAUTHORITY FOR GRANT
This plol�r 15 suppnlRd nndcr Sacrne,Sate Jusnm Commerce,and Related Agencies Appropnabou.Act 20416 Pub L No 109-I08(Nos 22
zaps)
- - — —
IS METHOD OF PAYMENT - --- — -
PAPRS
® _\I_ENCY APPROVAL ORANTGE ACCEPTANCE—®
I(, TYPED NAME AND TITLE OF APPROVING OFFICIAL I)TYPED NAMF AND TITLE OF AUTHORIZED GRANTEC OFFICIAL
DommSo S Hernlz Suzette Cooke
Dlreoo, Burew of lustrce Aaslsmnce Mayor
17 SIGNATIIREOFAPPROVINGOFFICIAI_ 19 SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE ,
AGENCYUSEONLY
20 ACCOUNTING I LASSIFICATION CODES 21 DHN. 11Rg11 - ---
FISCAL FUND BUD DIV
NEAR CODE ACT OFC REO SUB POMS AMOUNT
1 B D1 RO fla W ^_all^_
I
I
OIP FORM A10111_,REV 5-67)PREVIOUS EDITIONS ARE OBSOLETE
OJP FORM 4INN)12(REV A-A$)
Department of justice
Officeof ce lustiPrograms AWARD CONTINUATION
Bureau of Justice SIIEET PACE ^_ Or 5
Assistance
Grant
I
I j
I-
PROJECT NUM6ER 21N11rDf-t3S-11040 --- - -- AWARD DATE
.SPECIAL COVDITJOR'S
i The recipient agrees to Lomply with the Inrancial and adnnntstmove requirements set fortis to the current edition of the
Office of Iustree Pio"i rims(0Ip)Fnhmhetal Guide
- I
? The tecipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if tecgnent is
requited to submit one pursuant to 28 C F R Section 42 302) that is approved by the Office for Civil Rights,is a
violation of its Certified Asouranecs.md may ic�ult m suspension or tennnration of funding until such time as the
I recipient rs uh compliance
3 The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133-Audits of States,
Local Governments,and Non-PinfitOrpanrzauons aslmtherdes�nbedmthccmi1nt edition of the OlYFinancial
Guide,C hapter 10
4 Recipient understands and agtecs that it cannot use any federal funds,either directly or indirectly,in support of the
en1cinhent,repeal,nhodrfieation m hdophon Of any law,regulation or pokey, It any ICv01 at govcrmuent,without the
expt ess prior written appe oval of O tP
5 The grantee agrees to assist BIA In complying with the National Environmental Poficv Act(NEPA)and other related
federal cnvrronmemal mn iactanal .es rccuiremuns m the use of these giant funds,either directy b the rantec or by
I I� - Y" 1 b� Y g
a subgrantee Aceoidmgly,prior to obli,armg gfiiant funds,the grantee agrees to first deterinme if any of the following
netivifies will be relalckl ro the use Of the gi tut ords
The grantee understands that this special condition applies to its lollowmg new activities whether of not they are being
specifically finded with these grant imhds That is,as long as the activity is being conducted by the grantee,a
subornnlee,or airy rnird party and the activity needs to be under ikon n older to use these giant innds,firs special
Londuion must frt,t be mel The nclivittes eoveied by ihn special eondrtion are
a New construction,
b Minot tenovation or remodeling of a pi operty either(a I listed on or eligible lot Iistmg on the National Re
rzister of
Hislouc Places or(b)located within a Iul l-ywt Hood plain
c A renovation,lease,or any proposed use of a budding or facility that will either(a)result in a change m its haste
prior use or(b)significanth change its size,and,
d implementation of a new program Involving the use of chemicals other than chemicals that are(a)purchased as an
mcidennl componcm of a funded acuvnv and(b)uadthoually used,tot eNample tit office bouoehold,iccrnatwnal or
education environments
Application of This Special Condition to Grantee's Existing Programs or Activities For any of the grantee's or its
suhgranfces'existing progranhs or actrvnies that will be tended by these giant funds,the grantee,upon specific request
from BIA agrees to cooperate with BIA m am prepatation by BIA of a national orprogiam envtionmental assessment
of that horded program of activity
I
OIP FORM 400(P-2(REV 4-88i
i
Deparmuentot Justice I
Office of fustice Programs AWARD COIYTTNUATTON
Bureau of Justice SHEET PACE a fat= s
Assistance � Grant
I
I PfSOffCT VrIA4BPR zrinfi-Or-Rh-W40 � a)94RD DATE o"4)2/21)06
-- - --� SPECIIL CONDITIONS
6 This.pzeral cooditrom fxihtates vomphance wuh the proatctonc of the National Cirviromnental Poltcv Act iNFPA)
Ieianngto clan,eell tie me hanipheigmuie talxxawl v Opel ation,,me l udutg I he uien ti pica tion seizure orclosureof
clandestine methamphctaism nz labormooe>[heremarlei 'meth lab opeianonaI No momc,how this award may be
j obligated to quppoit mesh lab operations unless the giantec Implements this special condition
The Office of Justice Programs(OW) tin cony uliion wuh the Bweau of tustice Assistance,the Dnrg Fnfotcemcnt 1
Administration,and dic Office tbt Commumry Oriented Policing Ser,, ces prepared a Program-lcvel 6nvuonmental
Assessment(Assess rieno got ennng meth lab operations fire Assessment desci ibes the adverse envuanmeutal,
heahh,and safety rmpacls bpi lv to he encounrcted by law enfJicentenl igenen_s as they miplement specific actions
wider their mcthamphefannnc labow4iry npeiahuns COIYIStCIII w rlh the Assessment,lire following terms and
I conditions shall apply to the grantee for anv OIP funded nnelli ab operations
A The grantee shall ensure compliance by OJP funded sub-grantees with federal,state,and local environmental,
health and safety laws and regulations applicable to meth lab operations,to include the disposal of the chemicals,
equipment,and wastes tesulung frnm those operations
B The grantee shall have a Mmgation Plan In place that identifies and documents the processes and points of
accountability within its state This plan will be used to ensure that the adverse emironinental,health,and safety
impacts deimeated tit the Asscssnnent are rmugated ill a manaci consisicnl will,the requirements of this condition
C The 3rvxee shall nnonriot 011'ftmded meth lab operations to ensure that dncy comply wuh die tolloy+mg nine
mtigaton nteasw es idenutied tin the Assessment and whose mlen tpientation is addressed tit the gtantze's fihugatron
Plan These mitigation nsasures must he included as special conditions ni all subgrants (See Part It of this special
condition)
7 1 Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closutc of
clandesmre melhamphetam ire laboratories
'_ Provide Occupational Safety and Health Administration(OSHA)required initial and refresher training For law
enforcement officials and all other personnel assigned to either the seizure or closure of clandestine mednamphetamme
laboialones,
3 Aa detei mined by their specified duties,equip the personnel with OSHA required protective wear and other required
safety equtpmenr
4 Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed
laboratory,
5 Unlrze quahfned disposal personnel to remove all chemicals and associated glassware,equipment,and contannnaled
materials and wades from the sne(s)of each seized lalowlorv,
6 Dispose of the chemicals,equipment,and enntammdted materials and wastes at properly licensed disposal facilities
or,when allowable,at propel ly licensed recycling faahoes,
7 Monitor lie f ransport,disposal,and recycling components of subparagraphs numbered 5 and 6 mmnediat(ly above
in older to ensure proper compliance,
fi Have tin place and implement a w nften agreement wall the resp0nsuble state environmental agency This agreement
must pioude that the iesponsibfe state elm uolnniental agency agrees to(1)timely evaluate the em monnientnl condition
at and around the site of a closed clandcsline I+horatorti and(n)coordinate wish the tespoirsible party,property tut ner_
or others to ensure that any residual contammanon is renneduted,if defetmmed necessary by the state envuonniental
agency and in accordance with eersting state and federal requirement, and
o Have in place and implement a w i then agreement with file responsible state or local service agencies to proper ly
respond to any minor is defined by,tate law at the sae Thus jgreement roust ensure Immediate response by qualified
personnel who can(I)respond to the potential health needs ofany moot at the site f u)tale that tumor into protective
custody unless the minor is cnmmally invoked ur the meth fah actiymes or is sub)ect to arrest for other cmmiial
violations,lno ensure immediate medical testing for methamphetamme himcity,end Irv)arrange for any follow-up
medical tests,esannnanons,or health care made necessary as a result of mnhamphetanune toyrcrty
OTP FORM 4000,17 IRE[' 4-43)
i
Department of iusuce
Off-ice of fustice Programs I AWARD CONTINUATION
I
+� Bureau of Justice SHEET PAGF i or s
f
Assistance Grant
I �
' PR,()1FC7 NUMBER 20rM-DI-Q\-n-4itl AW ARD DATF_ 05102006
SPEC[ cCO,NDITIO rs
� The rsq,rent aqt cv�W subnnt to BlA Mr rewew and appm,al ran can Icul L,n unmg inatenals,of any ndncr Wisner
material,Iha(will be published,mvludmg web-haled mnaluials rid wcb sue content throulgh funds from this gran it
least drniv 134))"citing days pilot to the targeted dLssennmatton data
9 Ti avoid duplicating existing netwo,ks or IT systems in any initiatives funded by BJA for law enfoicement mfimnatiom
sharing systems which urvolvc LnicLstatc connectivity between lunsdicmm� such svaty m,,hall employ (n the ex(ent
possible,cm ung networks as(he eomnmmcat loll backbone to l.hteve Iatentate connecnvt(v unieo the grantee can
demonstrate lc the satisfaction of BJA Ili it tlus roquiremcnt wmdd not he cost elfectivc or would unparr the
tuncuonahty ofan cv,umg of proposed I F,y>tcn)
IQ To support public safety and Justice m&iLmatron sharing,OJP regwrcs the grantee Lu use the Global lusuee Darn Mudel �
,peer 0cau ons and gu idol I nca fora thi,p urn ul,r giant GLantec shall publish and make available without restnetion all
schema,te,tcnvons consuauv proxy)generated as a Ic,uIt of this giant to the component regt,try as specified in the
guidelines This urtormation is avidable at www It oJp govJglUnr
11 The recipient is required to establish a trust find account (Tile trust fund may or may not bean interest-bea rig
account)The fund may not be used to pay debts mcuned by other activities beyond the scope of the Edward Byrne
7vfarn011A Justice Assistance Giant Program(J k(;) The recipient aha agrees to oblt ate and expend(hegranf funds in
the trust hind tmcluding any rotciest cured)during the period of(he giant Grant funds(including any uuerest earned)
not expended fw the end of the giant period must be icmu ned to the Bur eau of Justice Assstanve no laret than 40 days
alien the end of the giant pet Lod along wrth the ti1111 suhnusvom,of the Flna nCmal Jtatti,Rcpon taT-'b9)
12 The grantee agrees to comply with all reporting,data collection and et aluauar t eganrements,as prescribed by the B!A
m file program guidance for the Justice Assistance Grant(JAG) Compliance with these requirements will be
monnoied by BJA
13 The recipient agrees that any Information technology system funded of supported by OJP fiends will comply wrth 28
C F R Pan 23,Cr nnmal Jntclh,en,c System,Operating ponces if OfP determines this regphauou to be applicable
Should OIP dctemune 28 C F R Pali 23 to be applicable,OJP may at rh drs,tenon,pedlotm audits of the system,is
per 2R C F R 23 20(g) Should any violation of_18 C F R P in^_t txcur,the recipient may be fined as per 42 U S C
3789g(e)-(d) Rarprent iuv notsausfy such a fine with fedeial funds
14 The recipient agrees that all income generated as a direct result of this award shall be deemed program income All
program income mist be accounted fat and used for the pur u.es undet the conditions apl,hcahle for the use of funds
under this awed including the effective edwon of the(lip Financial Gnlde and as applicable enhcm (1)2S C F R part
on a t21 28 C F R purl 70 and ONIB Circular A-110 Furthei,the use of program income must be shown on the
quarterly Financial Crams Report SF269
' I The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this quint during the obhgation and expcndnure 1unoJ This rs
to ticrlrtate coil,nwmcation anion,local and state govei nnteriml critics regarding vanous inf,vmatio❑technology
projects being conducted With these¢rant funds tin addition,the recipient agrees to mainta,n an adnuvusiranve file
documenting the meeting of this Lequrrement For a lint of State hntormaunn Technology Points of Contact go to
hill)/rWw w o)p usdol gov/ec,state,him
16 Grantee agrees In comply Willi the requirements of 23 C F R Part 46 and all Office of Justice Programs policies and I
procedures regarding the protection of human research subjects,uxludm„obtauunent of In,ntuuonal Feview Board
approval,ifappropriale,and subject mforined consent
I
I-- — —---- -- -- - -— - — -
r11P FORM 4rMNli'1 R E\' -1-881
�--- - - fkpanmentof Justice
-- — i ----- - ---- -'-- — -- - -- — '
I Office of Justice Programs I AWARD CONTINUATION
Bureau of Justice SHEET PACT s ()F 5
Assialance Grant
i
- ------ ---- --- -- - -- - - - --- --- I- —
� PRMECT NUMRFJi 2tHk*DI-6X0440 4WARD_D4TF nigl2,21b6
�PFCf IL COA'D1TIOVI;
17 Gr ranee agrees to comply rl rah ill umlidcnhahty reguitemeni,of 42 U S C ,eonon 37avg and 2ti I- F R Pail 22 that
are apphcahle to cnllecnon,use,anJ rev elallon of data or mGann nUnn Grantee hnrher ouees,as a condition of 141 un
approval,to,ubnvl a Rroacv Certificate that rs m accord with leyuucmcnts of 2R C f R Pan 22 and,m particular
Section_'?23
13 Recipient agrees that funds provided under this awaid may not be used to operate a"pay-to-stay"program to any local
lad Recipient further agrees not to subaward funds to meal lads which operate"pay-to-stay"programs
19 "Applicants must cemfy that Luoited English Proficiency pelaons have meaningful access to die sem ices under tills
progiam(s) National onem dlscruomatlou includes dl,ennumnon on the basi,of lunned English proficiency(LEPI
To ensile comphanee wnh Tale VT and the Site Sweets Act,recipients are iequired to take teasonable vcps to ensure
that LLP poisons have meamnchrl access to their pro,nims Mcamnghd ncce„may enrad pros iding language
assistance ,re ices,including oral and written nanslation when uee,e,smy The U 4 Depanmuu of Justice has issued
guidance lot gi antees to help diem wmply with Title A'I requirements The guidance document can be accessed on the
Internet a(www lei)goy "
I
I
I
I
I I
I
OIP FORM 40M/>-(REV 4-99)
I
Kent City Council Meeting
Date June 6, 2006
' Category Consent Calendar
1. SUBJECT: STATE OF WASHINGTON DEPARTMENT OF HEALTH, EMS
PRE-HOSPITAL PARTICIPATION GRANT — ACCEPT
2. SUMMARY STATEMENT: Accept the EMS Pre-hospital Participation Grant in
the amount of$1,450 This grant from the State of Washington Department of Health,
Office of Emergency Medical and Trauma Prevention has been received since 1998.
The purpose of these monies, provided through the Trauma Care Fund, is to assist the
Fire Department with meeting requirements to provide trauma care services to the
public as a verified EMS and Trauma Pre-hospital service.
This money will be used to purchase respiratory face masks, hand wash stations (both
for fire stations and apparatus), and information cards for the public, should an outbreak
' of the flu occur.
' 3. EXHIBITS: None
4. RECOMMENDED BY: Public Safety Committee 5/18/06
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
' Expenditure9 X Revenue? X
Currently in the Budget? Yes No X
t If no:
Unbudgeted Expense: Fund 10003600.63500 2700 Amount $1,450.00
Unbudgeted Revenue: Fund 10003600 53414 Amount $1,450.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
' Item No 6S
Kent City Council Meeting
Date June 6. 2006
Category Consent Calendar
' 1. SUBJECT: FIRE STATION EXHAUST EXTRACTION SYSTEM
PURCHASE AGREEMENT — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with
Air Exchange, Inc to furnish the Plymovent vehicle exhaust extraction system for
Station 74 in the amount of$52,812.84, excluding Washington State Sales Tax, upon
review by the City Attorney.
Through a detailed evaluation effort and research of several other manufacturers, it was
determined that the Plymovent system contains the essential exhaust extraction features
required by the City. In addition, the Plymovent system is currently installed and in use
at all fire stations almost exclusively. Standardizing to one manufacturer is good
maintenance practice because of resulting cost savings to the City when purchasing
parts and supplies in the event of repair or routine maintenance at all stations. Attached
is the sole source waiver signed by Mayor Cooke, pursuant to Kent City Code 3.70.080.
3. EXHIBITS: Draft agreement and sole source memo
4. RECOMMENDED BY: Public Safety Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure`? N/A Revenue? N/A
Currently in the Budget9 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 6T
L
Parks, Recreation and Community Services
Lori Hogan, Acting Director
Phone: 253-856-Your telephone number
K E N T Fax: 253-856-Your fax number
W ASHINGTON
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: April 20, 2006
TO: Suzette Cooke, Mayor
FROM: Mike Hattrup, Facilities Project Coordinator
THROUGH: Lori Hogan, Acting Director of Parks, Recreation and Community Services
SUBJECT: Sole Source Purchase of Exhaust Extraction System
REFERENCE: Section 3,70.080 Kent City Code/ No. 1.1.10 City of Kent Administration Policy
Kent City Code section 3.70.080 allows the mayor to waive the bidding requirements upon
finding equipment or services are limited to a single source of supply within the near vicinity, or
if the advertised bidding process Would otherwise not be practical or in the city's best interests
under the circumstances. Through a detailed evaluation effort of several other manufacturer's
exhaust extraction systems, the Plymovent Systems incorporates many of the necessary
features for an exhaust extraction system. Plymovent is the only one which has an airtight seal
around the engine exhaust pipe, thereby minimizing the amount of diesel exhaust fumes
breathable by personnel in the fire station bays. As an added bonus, because the Plymovent
system incorporates an airtight seal, engine pump tests can be performed within the apparatus
bays inside the stations.
The Plymovent system is currently installed and in use at all City Fire Stations almost
exclusively. In addition, it is good maintenance practice to standardize to one manufacturer
when considering spare parts and inventory. For these reasons, the Fire Department, as well as
Facilities Division recommends that the Plymovent system be chosen for the City's exhaust
extraction needs and a sole source purchase be granted to procure the Plymovent exhaust
extraction system from Air Exchange, Inc
Suzette Cooke Mk{�� ei L'� Date
1 �
KENT
r PUBLIC WORKS AGREEMENT
between Cite of Kent and
Air Exchange, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Air Exchange, Inc organized under the laws of the State of California, located and
doing business at 1185 SA i mateo Ave San Bruno, Ca. 94066, Phil Herrera, (206)484-7179 (hereinafter the
"Contractor").
AGREEMENT
The parties agree as follows.
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications-
Plymovent System for Kent Fire Station 74 for air cleaning system Air Exchange, Inc will
provide and install Plymovent air exhaust system for Statton 74 located at 24611 116`i' Ave SE in
the City of Kent in accordance with the quote dated April 10, 2006, which is attached and
incorporated as Exhibit A.
Contractor further represents that the services furnished undet this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time such services are performed.
IL TiME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement Upon the effective date of this Agreement,
Contractor shall complete the work described in Section I within 60 days.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Fifty two
thousand-six-hundred seventy-nine dollars and , plus any applicable Washington State Sales Tax, for the work
and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay
1 for the portion of the work described in the invoice that has been completed by the Contractor and approved by
the City The City's payment shall not constitute a waiver of the City's rt.ght to final inspection and acceptance
of the project.
A. Performance Bond. Pursuant to Chapter 39 08 RCW, the Contractor, shall provide the
City a performance bond for the full contract amount to be in effect until sixty (60) days after the
PUBLIC WORKS AGREEMENT- l
(Over$IOK, under$50K, and Peiforinance Bond)
date of final acceptance, or until receipt of all necessary releases from the State Department of
Revenue and the State Department of Labor and Industries and until settlement of any hens filed
under Chapter 60.28 RCW, whichever is later
B Retaina),re. The City shall hold back a retainage in the amount of five percent (5%) of
any and all payments made to contractor for a period of sixtv (60) days after the date of final
acceptance, or until receipt of all necessary releases from the State Department of Revenue and
the State Department of Labor & Industries and until settlement of any liens filed tinder Chapter
60 28 RCW, whichever is later. The amount retained shall be placed in a fiend by the City
pursuant to RCW 60.28.01 ](4)(a), unless otherwise instructed by the Contractor.
C. Defective or Unauthorized Work The City reserves its right to withhold payment from
Contractor for any defective or unauthorized work. Defective or unauthorized work includes,
without limitation: work and materials that do not conform to the requirements of this
Agreement; and extra work and materials fumushed without the City's written approval If
Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City
may complete the work by contract or otherwise, and Contractor shall be liable to the City for
any additional costs incurred by the City. `Additional costs" shall mean all reasonable costs,
mcludmg legal costs and attorney fees, incurred by the City beyond the maximum Contract price
specified above. The City further reserves its right to deduct the cost to complete the Contract
work, including any Additional Costs, from any and all amounts due or to become due the
Contractor.
D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETATNAGE) SHALL CONSTITUTE A WAIVER
OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT
IS MADE AND ACCEPTED.
IV. 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 City being interested only in the results obtained under this
Agreement.
V. TERMINATION. The City may terminate this Agreement for good cause "Good cause" shall
include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled ,
workers or proper materials for completion of the Contract work-
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor
D. The Contractor's persistent disregard of federal, state or local taws, rules or regulations
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
I£the City terminates this Agreement for good cause, the Contractor shall not receive any further money
due under this Agreement until the Contract work is completed. After termination, the City may take
possession of all records and data within the Contractor's possession pertaining to this project which may be
used by the City without restriction.
Vi. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages,"
with the State of Washington Department of Labor & industries prior to commencing the Contract work
Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and
comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage
rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is
attached
VIL CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement If the Contractor determines, for any reason, that a change order is
necessaiy, Contractor must submit a written change order request to the person listed in the notice provision
section of this Agreement, section XV(D), within fouiteen (14) calendar days of the date Contractor 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 Contractor'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 Contractor on all equitable
adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate The Contractor shall proceed with the change order work upon receiving either a written
change order from the City or an oral order from the City befoie actually receiving the written change order If
the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives
its nght to make any claim or submit subsequent change order requests for that portion of the contract work. If
the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work;
however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section
VIII, Claims, below.
yThe Contractor accepts all requirements of a change order by: (1) endoising it, (2) writing a separate
acceptance, or(3) not protesting in the way this section provides. A change order that is accepted by Contractor
as provided in this section shall constitute full payment and final settlement of all claims for contract time and
for direct, i ndirect and c onsequential costs, i ncluding costs o f delays related to any work, either covered o r
affected by the change.
VIIL CLAIMS. If the Contractor 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 Contractor may file a claim as provided in this section. The Contractor shall give written notice to the
City of all claims within fourteen (14) calendar days of the occurrence of the events giving ruse to the claims, or
within fourteen (14) calendar days of the date the Contractor lumew or should have known 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 Contractor unless a timely written claim is made in strict accordance with the applicable
1 provisions of this Agreement.
At a minimum, a Contractor'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 ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Clain. Provide a signed written notice of claim that provides the following
inforination.
1. The date of the Contractor'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 estimate was
detennuied; and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor slialI keep complete records of extra costs and tune incurred as a result
of the asserted events giving rise to the claim The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed If the
City determines that a clann is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor
also waives any additional entitlement and accepts Ii-om the City any written or oral order
(including directions, instructions, interpretations, and deten7nnation).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any clauris for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR 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 CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-
year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects ni
workmanship and materials within one (t) year from the date of the City's acceptance of the Contract work. In
the event any parts are repaired or replaced, only original 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 Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City
may complete the corrections and the Contractor shall pay ail costs incurred by the City in order to accomplish
the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
onam, or the presence of any sensory, mental, or physical disability, discruninate a annst any person who is
qualified and available to perform the work to which the eniployiuent 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.
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Contractor'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 Contractor's work when completed shall not be grounds to
avoid any of these covenants of indemm fication.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24 115,
then, in the event of hability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence.
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.
The provisions of this section shall survive the expiration or termination of this Agreement
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XIV. WORK PERFORMED AT CONTR.-LCTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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 Recvclable 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 desiliated 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. Thts 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 tiling 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 ui this paragraph shall be construed to limit the City's right to indemnification under Section
XII 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. Assigr vent. Airy 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 wtthout
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 Contractor
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 fornnng 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.
1l
H. 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 perfonnance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONTRACTOR: CITY OF KENT:
By. By:
(signature) (VI gl'a/ru c)
Print Name. Print Name: Suzette Cooke
Its Its Mayor
(Tide) (Tale)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Phil Heirera Mike Hatttup,Project Coordinator
An- Exchange, Inc. City of Kent
1185 San mateo Ave 220 Fourth Avenue South
San Bruno, Ca 94066 Kent, WA 98032
(206)484-7179 (telephone) (253) 856-5082 (telephone)
(253)815-6684 (facsimile) (253) 856-6080 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
AtrExchangemc statron74
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 tennination for all or pare 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 discrummate in employiment 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- 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 ,4greennents 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.
iEEO COMPLIANCE DOCUMENTS- 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COM PLIANCE 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 fine 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:
EEO COMPLIANCE DOCUMENTS-3
PROPOSAL Page 1 of 1
AIR EXCHANGE, INC.
The Clean Air Specialists
1185 San Mateo Avenue Phone 206-484-7179 650-871-2945
San Bruno, CA 94066 Fax 253-815-6684 650-871-2948
Proposal submitted to City of Kent 1 Kent Fire Phone 256-856-5082 Date 4/1012006
Street 304 4th Ave S Application Engineer Phil!Dick
City,State and Zip Code Kent, WA 98032 Job Location station 74 24611 116th Ave. SE
Fax
Customer Representative Mike Hattrup Title Job Phone
We hereby submit estimate for our AIR CLEANING SYSTEM in accordance with the following
Two (2) Plymovent STRA-80 Strait Rail System w/Hose Pack#1 $ 30,648 00
Two (2) Plymovent SBTA-21 b slideing balancer track system $ 7,92000
Ductwork, installation hardware and miscellaneous parts $ 5,78500
Material Subtotal $ 44,353 00
Exclusions and notes:
Electrical hook-up included Electrical Hookup $ 40000
Painting of any kind not included Tailpipe Modification (5)
Special drawings not included Lifts& Other Expenses $ 45000
Permit fees of any kind not included Freight $ 676.00
Sales tax not Included Installation labor $ 6,80000
TOTAL: $ 52,679 00
Performance Bond included, 8 700% Sales Tax $ 4,58307
Total w1WSST: $ 57,262 07
Washington State Prevailing Wage Rules Apply
Delivery of system will be within 4 to 5 weeks of proposal acceptance
Payment to be made as follows Equipment due on delivery, balance due on completion of mechanical installation
All material is guaranteed to be as specified All work to be completed Authorized Signature:
in a workmanlike manner according to standard practices Any Richard F Be Rant
alteration or deviation from above specifications involving extra costs will
be executed only upon written orders,and will become an extra charg
over and above the estimate All agreements contingent upon strikes,
accidents or delays beyond our control Owner to carry fire,tornado Note This proposal may be with-drawn by us
and other necessary insurance Our workers are fully covered by if not accepted within 45 days
Workman's compensation Insurance
ACCEPTANCE OF PROPOSAL and TERMS AND CONDITIONS.
(Pages 1 and 2,inclusively)The above prices specifications and
Terms and Conditions are satisfactory and are hereby accepted You SIGNATURE:
are authorized to do the work as specified By signing where indicate
you,as agent for the organization proposed,hereby authorized Air
Exchange, Inc to perform the work as specified on Page 1 of 2 of this DATE OF
proposal and agree and accept the Terms and Conditions(Page 2 of CCEPTANCE.
of this proposal Payment will be made as outlined above
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or dammage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be Nvutten on Insurance Set-vices
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage If necessary,the policy shall be endorsed to
provide contractual liability coverage
2. Commercial General Liabilriy insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85. There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits
1 Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident
2. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate
and a $2,000,000 products-completed operations aggregate limit
EXHIBIT B (Continued )
iC. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess oft lie Contractor's insurance and shall not contribute with it_
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty(30) days prior written notice by certified
mail,return receipt requested, has been given to the City
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the contractor
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance The City reserves the right to receive a certified copy
of all required insurance policies. The Contractor's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A M. Best rating of not less than
A VII.
rE. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
ifor the Contractor
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: FIRE STOPPERS PROGRAM GRANT — ACCEPT
2. SUMMARY STATEMENT: Accept the grant from King County Fire and Life
Safety Association in the amount of$2,500
Through a grant from the Department of Homeland Security to the King County Fire
Marshal's Office/Department of Developmental and Environmental Services, and in
partnership with the King County Fire and Life Safety Association, these funds are
being made available to assist with on-going Fire Stoppers program needs. Funds will
be utilized for items such as mental health counseling services, educational materials,
administration of the program, etc.
3. EXHIBITS: Notification letter and request to participate
4. RECOMMENDED BY: Public Safety Committee 5/18/06
(Committee, Staff, Examiner, Commission, etc.)
r5. FISCAL IMPACT
Expenditure" X Revenue? -X
Currently in the Budget? Yes No X
If no.
Unbudgeted Expense: Fund 10003700.6XXXX 2950 Amount $2,500 00
Unbudgeted Revenue: Fund 10003700.53322 2950 Amount $2,500 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
1
Y
DISCUSSION:
ACTION:
Council Agenda
Item No 6U
FIRE DEPARTMENT
Jim Schneider, Fire Chief
KEIVT Phone 253-856-4300
w Fax 253-856-6300
Address 24611 11610 Ave SE
Kent, WA 98030-4939
DATE: May 18, 2006
FO: Public Safety Committee
FROM: Jim Schneider, Fire Chief
SUBJECT: Fire Stoppers Grant in the amount of$2,500
MOTION: I move to recommend that Council accept the grant from Fire Stoppers in the
amount of$2,500 and place this item on the Consent Calendar of the June 6, 2006 Council
Meeting
SUMMARY: The Kent Fire Department has been notified that they are to receive a grant in the
amount of S2,500 from King County Fire and Life Safety Association. Through a grant from the
Department of Homeland Security to the Kuig County Fire Marshal's Of6 cell Department of
Developmental and Environmental Services, and in partnership with the King County Fire and
Life Satety Assoctation. these fund are being made available to assist with on-going Fire
Stoppers program needs_ Funds will be uttbzed for items such as mental health counnehng
services, educational materials, administration of the program, etc.
EXHIBIT: Notification letter and Request to Participate notification
BUDGET IMPACT: $2,500
i
1
1
i
1
Kent Council Public Salzry Committee
May 15 ?Oofi
i
i
1
March 13, 2006
Dear Fire Stoppers Interventionist
The King County Fire and Life Safety Association is pleased to notify you that
additional funding has been secured to assist with the Fire Stoppers efforts in
your jurisdiction This is a one time offering, and is contingent on specific criteria
being met by all agencies choosing to participate.
L Through a grant from the Department of Homeland Security to the King County
Fire Marshals Office/Department of Developmental and Environmental Services,
and in partnership with the King County Fore and Life Safety Association, funds
are available for a short time to assist your department with your on-going Fire
Stoppers program needs.
In order to be considered for funding it is imperative that you return the attached
letter of interest to participate by April 10, 2006 Once letters of interest are
received the funding being provided will be divided equally between interested
parties.
Please note that funds must be utilized by your agency for items such as mental
health counseling services, educational materials, administration of the program
etc., and must be documented accordingly. All funds provided must be
expended by December 1, 2006. If a participating department is unable to
expend all funds provided through this grant in the allotted time, and for the
identified purposes, please note that unused funds must be returned
This is a great opportunity for departments to receive funding now that will assist
you in being able to continue and enhance your local Fire Stoppers efforts
immediately,while affording you time to identify alternate funding for the
continuance of this invaluable program in your community in 2007 and beyond
ISincerely,
Melanie. Granfors, President
KCFLSA
--- "a „enc rire Prevention 2538566400 p.2
Request to Participate
'ear King County Fire and Life Safety Association (KCFLSA):
�1C?r1� 1rG f I-'1ee— _010 3-7 (Fire Department)
wishes to be included in this funding opportunity made available by the KCFLSA
for the purposes of supporting the Fire Stoppers program in my service area.
As a member in good standing with the KCFLSA, we understand that this funding
is made possible through a partnership with the King County Fire Marshals
OfficefDDES and the KCFLSA, through a grant from the Department of
Homeland Security.
It is our understanding that the grant will be divided equally between interested
agencies able to meet the established criteria as set forth in the scope of work
provided in the contractual agreement between the KCFMO and the KCFLSA_ I
understand that the funds :.rill not be less that', $2500, but could be considerable
more depending on the number of agencies choosing to participate.
We understand that the funds provided to our agency may only be used for the
purposes of providing the Fire Stoppers program in our service area. The funds
must be divided proportionately between program needs, and as defined by the
KCFLSA. Funds may only be used for: mental health counseling for high risk
youth, educational interventions with identified youth and families, educational
materials used for this purpose, personnel to provide in-house intervention
services as well as the education component, training for
personnellinterventionists in the arena of youth firesetting and the cost of
conducting follow-ups on families that participate in the Fire Stoppers program
during the course of this funding cycle.
We also understand that all funds provided to our fire department must be spent ,
before December 15, 2006. Any funds that are not spent by this time must be
returned to the KCFLSA for immediate return to grant sponsors.
We will be required to provide documentationlreceipts to the KCFLSA that
supports all expenditures. They in turn will provide all necessary reports to the
grant sponsors_
By signing this letter, V)en 4' i:-iM fl6%t 3- (Fire Department)is
expressing our desire to participate in this funding opportunity and our
department's ability to meet the established criteria as listed above
Fire Chief Date
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: PURCHASE OF FOUR APPARATUS HOISTS — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the purchase of four hoist systems for the
Fire Department's Vehicle Maintenance Division
The Kent Fire Department's Vehicle Maintenance Division replaced the in-ground
apparatus hoist system by purchasing eight (8) portable hoists It has become necessary
to purchase four (4) additional hoists due to the current preventative maintenance
workload, the need to complete emergency repairs in a timely fashion, and the ability to
lift multiple apparatus at once. In order to lift our current ladder truck, six (6) of the
lifts must be used. This significantly impacts the timeliness of repairs and preventive
maintenance on other apparatus.
The Fire Department is proposing to purchase four (4) Stertil-Koni model ST1072
hoists By purchasing the same hoists, the new hoists can be used in conjunction with
the existing hoists and the hoists will all operate the same, which is a safety precaution
for our mechanics
3. EXHIBITS: Quote from vendor
4. RECOMMENDED BY: Public Safety Committee 5/18/06
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure? $28,950 Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund 51003500 66400 9422 Amount $31,500 00
Unbudgeted Revenue- Fund Amount $
j6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION-
ACTION:
Council Agenda
Item No 6V
FIRE DEPARTMENT
Jinn Schneider, Fire Chief
Phone: 253-856-4300
K EN T Fax: 25 3-856-6300
W A S H I N o r o N
Address: 24611 116`i'Ave. SE
Kent, WA 98030-4939
May 1, 2006
To: Mayor Suzette Cooke
Through: John Hodgson, hntermn Chief Administrative Officer
From: Jim Schneider, Fire Chief
Regarding: Single Vendor Authorization— Stertil Koni Mobile Column Lifts
The City's Fire Department is requesting a waiver, pursuant to KCC 3.70.080, of the City's
procurement ordinance as negotiation with a particular supplier is appropriate due to the
specialized needs of the Fire Department.
The Kent Fire Department's Vehicle Maintenance Division replaced the in-ground apparatus
hoist system by purchasing eight(8) mobile cohmu7 lifts. It has become necessary to purchase
four(4) additional mobile column lifts due to the current preventative maintenance workload, the
need to complete emergency repairs in a timely fashion, and the ability to lift multiple apparatus
at once. An example is in order to lift our current ladder truck, six(6) of the mobile column lifts
must be used. This significantly impacts the timeliness of repairs and preventative maintenance
on other apparatus. Additionally,by purchasing the same mobile column lifts, the new mobile
column lifts can be u1sed in conjunction with the existing mobile column lifts and all the mobile
column lifts will operate the same, which is a safety precaution for our mechanics.
By this memo, the Fire Department requests that you determine the bidding process usually
required by KCC 3.70 030 and .040 is not in the best interests of the City and that you authorize
the Fire Department to enter into direct negotiations witb Talon Industries for the purchase of
four (4) mobile column lifts. In the event the Fire Department successfully negotiates a purchase
contract with Talon Industries, the contract will be brought before the Public Safety Committee
and the City Council for approval. If you approve of the Fire Department's request for a waiver
of the City's procurement policies, please note your approval by signing below.
Thank you.
�fS cite Cooke, Mayor Elate
t
TALON iNOUSITRIES, INC.
1 PC BOX 230021 (503) 246-B93B
PORTL4N0, OR 972B1 -BOO-24E3-8033
f-ax (503) 246-7147
April 6, 2006
City of Kent
Fire and Life Safety
20676 — Avenue South
Kent, Washington 98032
AIM Tom Arnson
Subject Stertil-Kona Heavy Duty Mobilo 'Lifts
Dear Tom.
Per your request,we are pleased to,quote our Stertil-Korn•mobile lifts as follows.
I set of 4,Stertil-Kom model ST1072 mobile lifts with 16;0001bs capacity per column,
64,00011is capacity per set of 4 Units are v,,ired 2Q&,220/440 volt 3 phase and include 2
master columns and 2 secondary columns These unktt are identical to your current lift-,
and are sold on a"first come, first served-basis
Your Cost S 28,950 00
Above units are quoted FOB pouf' iocatim
I set of Stertil-Kom model STi 092 with 18,0001bs capacity per column,72,000lbs
capacity per set of 4 Units are wired 20&2'_b*0 volt 3 phase and includes 1 master
column and 3 secondary column, and drive over cables
Your Cu,t S 32,500 00
Above units are quoted FOB Califorma warehouse
Pricing dues not include Washington State Sales fax, but does include set up at your
location
'I om, should you require further information, please do not hesitate to contact me at 800-
246-8838 or email I,IIUnitldL'ti11 W\a uuncdtit u41 1 hank you again for your continued
interest in Talon Indusuies and our Stertil-Kom products
incerely,
'JC iry F c I e,
f lon Industries Inc
QUALITY,COMMITMENT,SERVICE
i
t
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: PURCHASE OF AID CAR—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract for the
purchase of an aid vehicle from Medtec.
After receiving approval to purchase an aid vehicle on a sole source basis from
Mayor Cooke, Fire Department staff has completed purchase agreement negotiations
with Medtec. The City Attorney's office has reviewed and approved the purchase
contract.
3. EXHIBITS: Sole Source Authorization and Purchase contract
4. RECOMMENDED BY: Public Safety Committee 5/18/06
(Committee, Staff, Examiner, Commission, etc.)
fi5 FISCAL IMPACT
Expenditure" $190,000 Revenue?
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 6W
t
40 FIRE DEPARTMENT
� //,��� Jim Schneider, Fire Chief
N T Phone 253-856-4300
�.>. Fax 253-856-6300
Address. 24611 1161h Ave SE
Kent,WA 98030-4939
DATE: May 18, 2006
TO: Public Safety Committee
FROM: Jim Schneider, Fire Chief
MOTION: Recommend the City Council authorize the Mayor to sign an agreement with
Medtech Corporation and Nughes Fire Equipment for the purchase of a medium duty aid
car for the estimated price of$192,590, the final cost subject to the Fire Chief's approval
based on the model vear available at the time the City places its order.
SUMNIARY: Authorization has been given by the Mayor for rrs to utilize a single source
procurement from Pierce Manufacturing for the purchase of a replacement aid Nehrcle.
The contract has been reviewed and approved by our City Attorney's Office.
EXHIBIT: Sole Souice Authorization received from Mayor Cooke
Purchase contract with Medtec.
BUDGET IMPACT: $190,000 as approved in the Apparatus Replacement Fund.
Kent ConneJ Public Safety Committee
May 18,2oo6
FIRE DEPAt2TIvIENT
Jim Schneider, Fire Chief
��4 Phone: 253-856-4300
'O KEN T Fax: 253-856-6300
w n s H i N c r o N Address: 24611 116`h Ave. SE
Kent, WA 98030-4939
January 30, 2006
I To: Mayor Suzette Cooke
Through: John Hodgson, Interim CAO
From: Jim Schneider, Fire Chief
Regarding: Single Source Procurement—Medtec Aid Car
The City's Fire Department is requesting a waiver, pursuant to KCC 3.70.080, of the
City's procurement ordinance as negotiation with a particular supplier is appropriate due to the
specialized needs of the Fire Department.
The Kent Fire Department has been extremely diligent in purchasing high quality fire
vehicles at the lowest possible price. The Apparatus Maintenance Division of the Fire
Department has been instrumental in demanding that the vehicles purchased by the Fire
Department are built to the highest standards of quality.
There have been two recent instances where apparatuses purchased by the Kent Fire
Department have failed to meet the department's quality standards. First, in 1996, the City
purchased two pumpers from BME. Inc.. who was the lowest bidder. Both pumpers had major
defects, and after a year of negotiations and a lawsuit, the matter finally settled with the City
rejecting the pumpers and being fully reimbursed.
More recently, in 2002, the City purchased two aid cars from Road Rescue, Inc. Those
aid cars are currently in service. Later, in April, 2004, the City took delivery of a third aid car
from Road Rescue. However, the third aid car was rejected and returned because it had
numerous defects that Road Rescue was unable to cure. In 2005 a Medtec aid car was purchased
and placed in service to replace the Road Rescue aid car that was rejected. The Fire Department
is very satisfied with the quality of the Medtec aid car. Medtec is a Pierce Fire Apparatus
company,
With the exception of the iWo Bumpers that were purchased froinl BMIE and later rejcc:eu,
the City has purchased its pumpers and aerials from Pierce ivfanufacturm„ Inc., since the 1970s.
The City has become accustomed to Pierce's high standards and its dedication to quality.
The Fire Department would like to contract with Medtec for the purchase of an aid car to
replace one of the old, overweight aid cars that was surplussed in 2005 Tire Fire Department is
confident that Medtec can again provide the City ,�rth the quality we have come to expect of our
heavy apparatus
Memorandum:
L iJ �%02 Tiii� wW tINC
September 1, 2004
Page- 2
It is advantageous for the City to stock its fleet with the same or similar vehicles. It is
easier to stock parts, and nnechanics become familiar with the desigin of [lie vehicle, making
maintenance more efficient. Moreover, Fire Department personnel who operate and utilize aid
cars can easily transition from one aid car to another when the aid cars are designed using the
same chassis and similar features.
By this memo, the Fire Department requests that you determine the bidding process
usually required by KCC 3.70.030 and .040 is not in the best interests of the City and that you
authorize the Fire Department to enter into direct negotiations with Medtec, a Pierce
Manufacturing Company, for the purchase of an aid car. In the event the F ire Department
successfully negotiates a purchase contract with Medtec, the contract will be brought before the
Pubhe Safety Committee and the City Council for approval. If ),on approve of the Fire
Department's request for a waiver of the City's procurement policies, please note your approval
b;F signing belosu.
Thank you.
V 3 ��
SLt— tte ,00ke, Mayor bate
��"r �iFvoM,F:ti+moo!ro.wM.em..o..+.Rnue..m�nw.nv na.,eK
i
KENT
1N.15 HIe �tON
AGREEMENT BETWEEN THE CITY OF KENT,
MEDTEC CORPORATION, AND HUGHES FIRE EQUIPMENT
FOR THE PURCHASE OF A MEDIUM DUTY AID CAR
THIS AGREEMENT is made and entered into by the City of Kent, a Washington municipal
corporation, with its principal offices at 220 Fourth Avenue S., Kent, WA 98032-5895
(hereinafter "City') and Medtec Corporation, with its principal offices at 2429 Lincoln Way E.,
Goshen, IN 46526-6437, and Hughes Fire Equipment, with its principal place of business at 910
Shelly Street, Springfield, OR 97477 (hereinafter collectively"Vendor').
WITNESSETH: That in consideration of the payments, covenants, and agreements
hereinafter mentioned, to be made or performed by the parties hereto, the parties covenant
and agree to the following:
1. Term —Agreement.
tThe term "Agreement," as used herein, shall constitute this document entitled
"Agreement between the City of Kent, Medtec Corporation, and Hughes Fire Equipment
for the Purchase of a Medium Duty Aid Car." In addition, the following exhibits are
attached and incorporated into this Agreement as if fully set forth herein.
Attachment A, entitled "Minimum Specifications for a Medium Duty Aid car'
Attachment B, entitled "Drawings";
Attachment C, entitled "Medtec Proposal';
Attachment D, entitled "Medtec Build Sheet"; and
Attachment E, entitled"Clarifications."
j2. Term — Medium Duty Aid Car.
This Agreement is for the purchase of one (1) "Medium Duty Aid Car" that conforms to
the terms of this Agreement.
3. Scope of Work.
Vendor agrees to deliver to the City one (1) fully functional Medium Duty Aid Car that
meets the specifications set forth in this Agreement and its various attachments.
The City promises and agrees with Vendor to engage Vendor to provide the Medium
Duty Aid Car as described in this Agreement and to complete and finish the same
according to the plans and specifications set forth in this Agreement and Attachment A.
The parties agree that the Medium Duty Aid Car will conform with all federal
IDepartment of Transportation rules and regulations in effect at the time of signing of
the Agreement, and with all federal specifications for the Star-of-life Ambulance, KKK-
AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR- 1
A-1822E or the latest edition as published at the time of signing of this Agreement.
4. Delivery and Risk of Loss.
Vendor agrees to deliver to the City one (1) fully functional Medium Duty Aid Car that
conforms to the specifications set forth in this Agreement within 210 calendar days
from the date of signing of this Agreement and receipt of International chassis at
Medtec facility, F.Q.B. Kent, WA. The risk of loss for any defect or damage to the
Medium Duty Aid Car shall begin when vendor signs this Agreement and receives the
chassis and shall remain with Vendor until the Medium Duty Aid Car is accepted by the
City.
5. Time is of the Essence.
The City and Vendor agree that time is of the essence in the performance of this
Agreement.
6. Payment and Options.
The total amount to be paid for the Medium Duty Aid Car is $192,590.00*, plus any
applicable sales tax. Payment shall be made within thirty (30) days of acceptance of the
Medium Duty Aid Car by the City. Payment shall be made by the City directly to the
party designated on the invoice. * Please see attachment for payment for
available payment options. Price based on availability of 2006 EPA standard
engines.
7. Preconstruction.
Vendor shall provide and pay the expenses for travel by air, meals, and accommodations
for one (1) representative of the City to sit down with the manufactures'
representatives at there facility to go over the specifications so all parties have a clear
understanding of the cities Proposal.
8. Inspection.
The City is entitled to inspect the Medium Duty Aid Car at three (3) different stages.
The inspections shall include: (i) a mid-construction inspection prior to painting the
Medium Duty Aid Car; (ii) a final construction inspection prior to leaving the factory; and
(iii) a post-delivery final inspection. With the exception of the post-delivery inspection,
the inspections shall occur at the Vendor's manufacturing site. Vendor shall provide and
pay the expenses for travel by air, meals, and accommodations for two (2)
representatives of the City for each of the inspections that occur at the Vendor's
manufacturing site. The City representatives shall, at a minimum, be afforded twenty-
four (24) hours of time to inspect the Medium Duty Aid Car during the mid-construction,
pre-paint inspection, and the final construction inspection. Additional inspection time
shall be afforded for the inspection of any item that is discovered by a City
representative to be defective. All deficiencies shall be corrected prior to the apparatus
leaving the manufactures facility. The vendor shall cover all expenses of the Kent Fire
Department personnel if the apparatus is not ready at the end of the twenty-four (24)
AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-2
hour final inspection. If the deficiencies are not corrected within three days, the Vendor
shall fly the Kent Fire Department personnel home. Once the deficiencies are corrected,
the Vendor shall notify the Kent Fire Department and fly two (2) of its representatives
back to Vendor's facility to re-inspect. The manufacturer shall cover all traveling
expenses, meals, and lodging if there is a re-inspection. Inspection periods shall include
only the time that City representatives actually spend at the Vendor's manufacturing
1 facility inspecting the Medium Duty Aid Car.
' There shall be a post-delivery final inspection conducted at the City's premises to ensure
that the Medium Duty Aid Car conforms to the terms of this Agreement and passes all
inspections and tests as required by the City or other laws or regulations. The initial
I post-delivery inspection and testing shall be completed within thirty (30) days of delivery
of the Medium Duty Aid Car. In the event the Medium Duty Aid Car fails to meet the
tests as required by the City on first trials, second trials may be conducted by the City,
at the sole option of the City, within thirty (30) days from the date of the first trials.
Such trials shall be final and conclusive.
Vendor specifically agrees that its failure to afford the City the opportunity to inspect the
Medium Duty Aid Car pursuant to the terms of this Agreement shall be sufficient cause,
in and of itself, for the rejection of the Medium Duty Aid Car.
Notwithstanding any right of inspection, Vendor shall notify the City of any known or
i discoverable defect in the Medium Duty Aid Car that exists on the date the Medium Duty
Aid Car.
9. Acceptance.
Acceptance of the Medium Duty Aid Car shall occur after the Medium Duty Aid Car
passes post-delivery inspections and tests. The fact that the City uses the Medium Duty
Aid Car for the inspection and tests shall not constitute acceptance.
' 10. Rejection.
The City reserves the right to inspect the Medium Duty Aid Car for any defects,
irregularities, non-conformities, and defects in workmanship and appearance, and to
reject a non-conforming or defective Medium Duty Aid Car. The City will notify Vendor
of the rejection of the Medium Duty Aid Car in writing. The City will also provide Vendor
with a written description of the reason(s) for rejection. The City will hold the Medium
Duty Aid Car in its possession with reasonable care at Vendor's disposition for a time
sufficient to permit Vendor to remove the Medium Duty Aid Car. If Vendor gives no
instructions within a reasonable time after notification of the rejection, the City will store
the Medium Duty Aid Car at Vendor's expense and such expense shall become a security
interest in favor of the City. The parties understand that in the case of rejection, the
City is not required to store the Medium Duty Aid Car in an enclosed area.
1 AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-3
11. Cure.
If the City has rejected the Medium Duty Aid Car for a defect or non-conformity, or the
Medium Duty Aid Car has or develops a defect after acceptance of the Medium Duty Aid
Car, Vendor shall have thirty (30) days to cure the defect; provided, Vendor provides the
City written notice of Vendor's intent to cure the defect and assures the City that it is
capable of curing such defect. The City shall notify Vendor- in writing of its discovery of
any defect within thirty (30) days of the actual discovery of the defect. The cure of the
defect shall be at the sole expense of the Vendor, and Vendor shall cover all costs of '
such cure. In the event the cure requires that the Medium Duty Aid Car be transported
beyond the limits of the State of Washington, Vendor shall, in addition to covering all
costs of such cure, pay to the City $0.40 per mile that the Medium Duty Aid Car is driven
to cover the wear and tear on the Medium Duty Aid Car.
Unless otherwise agreed to in a separate writing signed by the parties, Vendor shall
have one opportunity to cure each defect for which it has been placed on notice or
which Vendor discovers. Any agreement to cure defects of the Medium Duty Aid Car
shall not constitute a settlement of claims brought pursuant to the terms of this
Agreement.
If, at any time, Vendor discovers a defect, Vendor shall, within two (2) days of
discovery, notify the City of such defects in writing and shall cure such defect, if Vendor
so chooses, pursuant to this section.
12. Warranty.
Vendor warrants and guarantees that the Medium Duty Aid Car will be manufactured in
accordance with the specifications set forth in this Agreement. Vendor further warrants
that the Medium Duty Aid Car shall remain free from defect or malfunction for a period
of one (1) year; PROVIDED, that in the event any warranty that appears in the
attachments to this Agreement, or a warranty issued by a component manufacturer,
extends beyond one (1) year years, the length of the warranty in that attachment or '
issued by the component manufacturer shall prevail and shall not be limited by this
paragraph.
The implied warranties of merchantability and fitness for a particular purpose, as set
forth in sections 62A.2-314 and -315 of the Revised Code of Washington, shall apply to
the Medium Duty Aid Car. These implied warranties shall apply even though they may
be disclaimed in an attachment to this Agreement, such that this section shall prevail
over such disclaimer, and such disclaimer shall not apply. The inspection of or failure to
inspect the Medium Duty Aid Car shall not constitute a waiver or cancellation of the
implied warranties
If the Medium Duty Aid Car or any component, unit, or subsystem is repaired, rebuilt, or
replaced pursuant to this Agreement, such warranty work, component, unit, or
AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-4
subsystem shall have the remaining unexpired warranty of the original component, unit
or subsystem.
Vendor shall provide all paperwork relating to warranty coverage of the Medium Duty
Aid Car or their components to the City upon delivery of the Medium Duty Aid Car.
1 The warranty periods set forth in this Agreement shall not begin to run until the City
places the Medium Duty Aid Car in service. The City will promptly notify Vendor of the
date the Medium Duty Aid Car is placed in service and the mileage of the Medium Duty
Aid Car when it is placed in service. The warranty period set forth In this Agreement
shall not run during any period in which the Medium Duty Aid Car is not functional due
to a defect in the Medium Duty Aid Car so long as the City places Vendor on written
notice of the defect.
In the event a component manufacturer requires that the purchaser register its
purchase with the manufacturer to make effective a component manufacturer's
warranty, Vendor shall take all steps necessary to register such purchase with the
component manufacturer. In the event Vendor fails to properly register the City's
purchase with the component manufacturer, then Vendor shall assume the status of
warrantor of such component as If such registration had occurred.
1 13. Performance Bond.
Vendor shall provide and execute a performance bond for the full contract amount,
which shall be subject to the City's review and approval.
rThis performance bond shall:
(1) Be signed by an approved surety (or sureties) that:
a. Is registered with the Washington State Insurance Commissioner, and
b. Appears on the current authorized Insurance last for the State of
Washington published by the Office of the Washington Insurance
Commissioner.
(2) Be conditioned on the faithful performance of the contract by Vendor within the
prescribed time.
(3) Guarantee that the surety shall indemnify, defend, and protect the City against
any claim of direct or indirect loss resulting from the failure:
a. Of Vendor (or any of the employees, sub-contractors, volunteer sub-
contractors of Vendor) to faithfully perform the contract, and
1 AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-5
b. Of Vendor (or the sub-contractors) to pay all laborers, mechanics, sub-
contractors, volunteers, material person, or any other person who
provides supplies or provisions for carrying out the work.
(4) The City may require the surety companies on the Performance Bond to appear
and qualify themselves. When the City deems the surety or sureties to be
inadequate, it may, upon written demand, require Vendor to furnish additional
surety to cover any remaining work. Until the added surety is furnished,
payments on the contract will stop.
(5) The parties agree that no liability shall attach to the City by reason of entering
into this Agreement except as expressly provided herein.
14. Independent Contractor.
The parties intend that an independent contractor-employer relationship will be created
by this Agreement. As Vendor is customarily engaged in an independently established
trade that encompasses the specific service provided to the City, no agent, employee,
representative, or sub-contractor of Vendor shall be or shall be deemed to be the
employee, agent, representative, or sub-contractor of the City. In the performance of
the work, Vendor is an independent contractor with the ability to control and direct the
performance and details of the work, the City being interested only in the results
obtained under this Agreement. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment
insurance are available from the City to the employees, agents, representatives, or sub-
contractors of Vendor. Vendor will be solely and entirely responsible for its acts and for
the acts of Vendor's agents, employees, representatives, and sub-contractors during the
performance of this Agreement. The City may, during the term of this Agreement,
engage other independent contractors to perform similar work.
15. Non-Assignment. '
Vendor shall not assign this Agreement nor any part thereof, nor any monies due or to
become due thereunder, without the prior written approval of the City. Vendor shall not
sublet any part of this Agreement without first having obtained the written consent of
the City to do so. IN CASE SUCH CONSENT TO SUBLET ANY PART OF THIS
AGREEMENT IS GIVEN BY THE CITY, IT SHALL IN NO WAY RELEASE VENDOR FROM
ANY RESPONSIBILITY UNDER THIS AGREEMENT, AND VENDOR SHALL BE HELD IN ALL
RESPECTS ACCOUNTABLE AS IF NO CONSENT HAS BEEN GIVEN. VENDOR WILL BE
REQUIRED TO GIVE PERSONAL ATTENTION TO THE WORK THAT IS SUBLET.
16. Indemnification.
Vendor shall defend, indemnify, and hold the City, it's officers, officials, employees, t
agents and volunteers harmless from injury and all claims, injuries, damages, losses,
AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-6
and suits including all legal costs and attorney fees arising out of or in connection with
the performance of this Agreement except for injuries and damages resulting from the
sole negligence of the City. The City's inspection or acceptance of the Medium Duty Aid
Car when completed will not be grounds to avoid any of these covenants of
indemnification. The provisions of this section shall survive the expiration or termination
of this Agreement. The City shall: (1) promptly notify Vendor of any claim for which
1 indernifcation may be sought; (2) cooperate fully in the defense of such claim; and (3)
permit Vendor to settle or compromise such claim on terms and conditions which, in
good faith, it determines are appropriate.
17. Insurance.
Vendor shall procure and maintain for the duration of this Agreement, insurance of the
types and in the amounts described below against claims for injury to persons or
damage to property that may arise from or in connection with the performance of the
work hereunder by Vendor, it's agents, representatives, employees, sub-consultants, or
sub-contractors. Before beginning work on the project described in this Agreement,
Vendor shall provide a Certificate of Insurance evidencing:
Commercial general liability insurance written on an occurrence basis with limits
no less than $1,000,000.00 combined single limit per occurrence and
$2,000,000.00 aggregate for personal injury, bodily injury, and property damage.
Coverage shall include but not be limited to:
Blanket contractual; products/completed operations/broad form property
damage; explosion; and employer's liability.
THE INSURANCE MUST REFER TO THE PROJECT NAME, PROJECT LOCATION
AND CONTAIN A BRIEF DESCRIPTION OF THE PROJECT. ANY PAYMENT OF
DEDUCTIBLE OF SELF-INSURED RETENTION SHALL BE THE RESPONSIBILITY
OF VENDOR.
The City, it's officers, officials, agents, and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on
behalf of Vendor and a copy of the endorsement naming the City as an
additional insured shall be attached to the Certificate of Insurance.
Vendor's insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom a claim is made or suit is brought,
except with respects to the limits of the insured's liability.
Vendor's insurance shall be primary insurance as respects the City, and the City
shall be given thirty calendar day's prior written notice by certified mail, return
receipt requested, of any cancellation, suspension, or material change in
coverage.
i
AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-7
r
The City also reserves its unqualified right to require, at any time for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all
endorsements of the insurance coverage.
18. Discrimination.
In the hiring of employees for the performance of work under this Agreement or any
sub-contract hereunder, Vendor, its sub-contractors, or any person acting on behalf of
Vendor or its sub-contractor shall not, by reason of race, religion, color, sec, 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.
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.
19. Severability.
If any term, provision, condition, or other portion of this Agreement, or it's application to
any person is held to be inoperative, invalid, or void, than the same shall not affect any
other term, provision, condition, or any other portion of this Agreement or it's
application to any person.
20. Cumulation of Remedies.
All remedies available to either party for breach of this Agreement are cumulative and '
may be exercised concurrently or separately, and the exercise of any one remedy shall
not be deemed an election of such remedy to the exclusion of other remedies.
21. Non-Waiver of Breach.
No term or provision hereof shall be deemed waived and no breach consented to unless ,
such waiver or consent shall be in writing and signed by the party claimed to have
waived or consented. Any consent by any party, or waiver of, the breach of the other
whether expressed or implied shall not constitute a continuing waiver of or consent to,
nor excuse a different or subsequent breach. The failure of the City to enforce one
portion of this Agreement shall not constitute a waiver, or excuse the breach, of another
portion of this Agreement.
22. Authority. t
Each party has full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each party has been properly authorized
and empowered to enter into this Agreement. Each party further acknowledges that it
AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-8
i
has read this Agreement and understands and agrees to be bound by its terms.
23. Choice of Law.
This Agreement shall be exclusively governed and controlled by the laws of the City of
Kent and the State of Washington, including, but not limited to, the State's Uniform
1 Commercial Code as contained in Chapter 62A.2 RCW. To the extent that this
Agreement conflicts with the provisions of Chapter 62A.2 RCW, the terms of this
Agreement shall control. jurisdiction and venue for any action relating to this
Agreement shall exclusively be in the Superior Court for King County, Washington.
24. Termination.
This Agreement may be terminated in whole or in part:
(a) By the City, if Vendor fails to deliver a conforming Medium Duty Aid Car within
thirty (30) days after the time for delivery specified in this Agreement or after
thirty (30) days for a cure of any defect or non-conformity. The City shall notify
Vendor of the termination, the reasons thereof, and the effective date.
(b) By the mutual written agreement of the City and Vendor. The Agreement to
terminate shall include the conditions of termination, the effective date, and in
the case of termination in part, the portion to be terminated.
IAfter the effective date of termination, no charges incurred under this Agreement, or
terminated portions thereof, are allowable.
25. Liquidated Damages.
Liquidated damages at a rate of $100.00 per calendar day shall be assessed against
Vendor for the late performance of any condition or term set forth in this Agreement.
Vendor's delay in the performance of any term of this Agreement shall be excused if the
cause of such delay is beyond the control of, and without the fault or negligence of,
Vendor, including weather, inability to obtain materials, strikes, acts of god, acts of the
public enemy, acts of a government entity, fires, floods, and earthquakes.
26. Notice to Proceed.
Vendor shall commence all work immediately upon execution of the Agreement and
shall provide a performance bond, a copy of an insurance policy(ies)\certificate(s), a
copy of the Equal Employment Opportunity Policy Declaration, and an additional insured
endorsement.
AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-9
27. Sales Tax. r
The City shall be responsible for paying Washington State Sales Tax on the contract
amount at a rate that is current when and where the unit is purchased. Sales tax
collected by Vendor will be subject to WAC 458-20-145, Special Rule No. 1.
28. Ownership and Title.
Upon acceptance of the Medium Duty Aid Car and payment by the City pursuant to this
Agreement, ownership and title of the Medium Duty Aid Car shall pass to the City.
29. Modification.
This Agreement may only be amended or modified by the mutual written agreement of
the parties. All amendments or modifications shall be signed by both parties and be
attached to this Agreement.
30. Standard of Performance.
All work to be performed by Vendor shall be performed in a workman-like manner in
accordance with generally accepted professional practices in effect at the time such
work is performed.
31. Notices.
Any notices to be delivered shall be directed to the attention of the following:
CITY: City of Kent Fire Department:
Attention:
Chief Jim Schneider Division Chief Pat Pawlak Tom Arnson
City of Kent City of Kent City of Kent
220 Fourth Ave. S. 220 Fourth Ave. S. 220 Fourth Ave. S.
Kent, WA 98032 Kent, WA 98032 Kent, WA 98032
32. Entire Agreement.
This Agreement constitutes the entire agreement between the City and Vendor. With
the exception of properly executed modifications, representations, either written or oral,
that are not contained in this Agreement, shall not be considered part of this
Agreement.
AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR- 10
33. Conflict of Terms.
The terms of this Agreement, including the Attachments, shall be read together. Unless
otherwise specified in this Agreement, in the event that any of the terms of the
I Aqreement including the Attachments conflict with each other, the following shall be the
order of precedence:
1 The terms of this Document entitled "Agreement Between City of Kent, Medtec
Corporation, and Hughes Fire Equipment for the Purchase of Medium Duty Aid Car" shall
take precedence over the terms of any other portion of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year written below. If the dates written below do not coincide, the latest written
Ldate shall act as the effective date of this Agreement.
HUGHES FIRE EQUIPMENT CITY OF KENT
By: By:
Print Name: Print Name:
Title: Title:
Date: Date:
MEDTEC CORPORATION Attest:
By:
r j Brenda Jacober, City Clerk
By: —'1
t Print Name:_ Approved as to form:
Title:
Date: � By:
Arthur"Pat" Fitzpatrick,
Deputy City Attorney
t
P'1Cml�FilEs�o+��'�OJaP?071�murdasenq,mnmtNe3fe�4Mu9rrsFn�_ooc
AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR- 11
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 contracts 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 contract.
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.
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 contract shall comply with the regulations of the City's equal
1 employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative
response is required on all of the following questions for this contract 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 contract;
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 contract 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 contract 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 contract I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this contract, 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.
�5 /�,���
Dated this�--- S day of �T , 20-�'L
By:
For: -%i4 ,L �11(elE, 6117 - .
' Title:
Date: S—IT16�
r
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the r
contract.
r
I, the undersigned, a duly represented agent of 'Ale /1"1':-Aq
Company, hereby acknowledge and declare that the before-mentioned company
was the prime contract for the contract known as /41_:-_Ajy that was entered into
on the
(date) between the firm I represent and the
City of Kent.
r
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 contract.
S h�
Dated this day of 20
r
By: -� r
For: 1141_41 ,�r 4
Title:
1
Date:
I
1
r
r
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i
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1 CITY OF DENT, WASHINGTON
ATTACHMENT TO CONTRACT
FOR PURCHASE OF A MEDIUM DUTY AID CAR
' FROM MEDTECH CORPORATION
Contract Price and Payment Options:
$ 192,590.00 Contract Price inc in 2006 year engine
Available deduction for payment upon completion at Medtec
- 2,417.00 factory (if elected)
Available deduction for 80% payment within 15 days of
- 3,403.00 contract execution (if elected)
$ 186,770.00 Purchase price if above listed payment options are elected
ENVIRONMENTAL PROTECTION AGENCY EMISSION STANDARD CHANGE
The Federal Environmental Protection Agency has mandated new emission standards
for diesel engines that takes affect on all engines built after December 31, 2006. The
new engines meeting these standards are known as 2007 engines Engines meeting
the current standard are known as 2006 engines
' The City of Kent, Washington should be aware that this contract price includes a 2006
emission standard engine Over the next few months these engines will become
1 unavailable as the demand for 2006 engines exceeds the supply.
No chassis manufacturer has yet provided a cut off date for ordering these 2006 engines
' or what the price of the 2007 engines will be It has been estimated that the 2007
engines will cause an increase in price in the neighborhood of$6,000.00 - $10,000 00
per chassis.
Since Medtec has no control over the supply of these chassis's and the federal
regulatory standard that is causing these changes we can not guarantee that the 2006
engines will be available at the time of contract signing
If, at time of contract signing, the 2006 engines are no longer available and a 2007
engine is required, it will be the responsibility of the City of Kent, Washington to incur the
added expense of the 2007 engine and this cost would be reflected in the final contract
price. Any added expense incurred by Medtec for a 2007 engine
shall be passed through to the City of Kent with no mark up by Medtec.
This is issued as an attachment to the City of Kent/Medtec contract and is thereby
included as terms of the contract in the event that the 2006 engines are no longer
available. /�
r
' Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
' 1. SUBJECT: STATE OF WASHINGTON MILITARY DEPARTMENT,
EMERGENCY MANAGEMENT PERFORMANCE GRANT—
ACCEPT
2. SUMMARY STATEMENT: Accept the Emergency Management Performance Grant
from the Washington State Military Department and the Department of Homeland Security
and authorize the Mayor to sign the contract to receive grant funds in the amount of$65,312,
which supplement local budget expenditures
' The Washington State Military Department, Emergency Management Division, receives grant
monies each year from the Department of Homeland Security through the Emergency
Management Performance Grant(EMPG). A portion of this grant is earmarked by the State to
be passed through to local_jurisdictions that have emergency management programs to supple-
ment their local emergency management operating budget in an effort to enhance their
emergency management programs.
The Statement of Work, which is included in the attached contract, outlines the objectives,
goals and deliverables that were identified when the Fire Department applied for the grant
The City Attorney's office has reviewed and approved the contract.
3. EXHIBITS: Contract
4. RECOMMENDED BY: Public Safety Committee 5/18/06
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
If no.
Unbudgeted Expense Fund V00037.XXXXX 2150 Amount $65,312.00
Unbudgeted Revenue Fund V00037.53316 Amount $65,312 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
I
DISCUSSION:
' ACTION:
Council Agenda
Item No. 6X
FIRE DEPARTMENT
Jun Schneider, Fire Chief
Phone 253-856-4300
K E N T Fax 253-856-6300
w Asti ING TO Address- 24611 116`h Ave SE
' Kent, WA 98030-4939
DATE: May 18, 2006
TO: Public Safety Committee
FROM: Jim Schneider, Fire Chief
SUBJECT: Acceptance of Emergency Management Performance Grant from the
Washington State Military Deparlinent and the Department of Homeland
Security and authorization for the Mayor to sign contract to receive grant
funds.
MOTION: Recommend accepting the grant from the State of Washington Military
Department, Emergency Management Division in the amount of S65,312 and authorizing
the Mayor to sign the contract.
SUMMARY: Our Emergency Management Division received a grant m the amount of$65,312
from the Washington State Military Department and the Department of Homeland Security to
supplement local budget expenditures
The Washington State Military Department, Emergency Management Division, receives grant
mottles each year from the Department of Homeland Security thiough the Emergency
Mauat ernent Performance Grant(EMPG) A portion of this grant is earmarked by the State to
be passed through to local jurisdictions that have emeigency management programs to
supplement their local emergency management operating budget in an effort to enhance their
emergency management programs.
The Statement of Work, which is included in the attached contract, outlines the objectives, goals
and deliverables that were identified when we applied for the grant monies.
The City Attorney's office has reviewed the contract and approved.
EXHIBIT: Contract with State of Washington Military Department, Emergency Management
Division
BUDGET IMPACT: $65,312—Grant Revenues/Expenditures
Kent Council Public Safety Committee EMPG Grant
May 18,^-OQe
44�"
�_n,se_t._C�i=�}fi' �,R 4 hl �/-' CR.f�P.„r't' ni4/F<;�!"�i•.{
M5. f,ji,-,:cif Jki•inc:bsF;z Lei
Camp Myra', t'VeaOi-arrg-foq 984 3 0-5 122
Div-r<<r' •- `i e1.jr3 s : (_ 2�
April 19, 2006
Brian Felczak
City of Kent
Emergency Management
24611 1161h Avenue, SE
Kent, WA 98030-4939
Re. Contract#E06-345
Dear Mr Felczak:
Enclosed you will find one original and one copy of the above referenced contract Please
review and have all copies signed and return them to, State Military Department, Attn
Michelle Vann, Building #20 Camp Murray, Washington 98430. When the process is
complete you will receive a fully signed copy for your files.
Also enclosed is a signature authorization form. I recommend that at least two individuals be
authorized to sign vouchers. This form must be completed, signed, and dated by the
appropriate officials of your jurisdiction In addition, a Debarment, Suspension, Ineligibility or
Voluntary Exclusion Certification Form which must be filled out, signed and returned along
with your signed contract. 1
If you have any further questions or concerns, please do not hesitate to contact Rachel
Glahe, Homeland Security Program Manager at (253) 512-7064 L
Sincerely,
Michelle Vann '
Homeland Security Section
Enclosures
Washington State Military Department
CONTRACT FACE SHEET
1 Contractor Name and Address 2 Contract Amount 3 Contract Number
City of Kent Emergency Management
24611 116th Avenue, SE $65,312 E06-345
Kent, WA 98030-4939
4 Contractor's Contact Person,phone number 5 Contract Start Date. 6 Contract End Date-
Brian Feiczak, (253) 856-4345 I October 1, 2005 December 31, 2006
7 MD Program Manager/phone number: 8. State Business License# 9. UBI#(state revenue)
Rachel Glahe, (253) 512-7064 N/A 173-000-002
10 Funding Authority
Washington State Military Department(Department) and the Department of Homeland Security(DHS)
11 Funding Source Agreement#. 12. Program Index# 13 Catalog of Federal Domestic Asst 14 TIN or SSN-
2006-EM-E6-0005 76314 (CFDA)#and Title 97.042 EMPG 91-6001 2 54
15 Service Districts: 16. Service Area by County(ies) 17. Women/Minority-Owned,State
' Legislative: 31,47 King County Certified? X N/A o NO Congressional: 8, 9 o YES, OMWBE#
18 Contract Classification 19 Contract Type(check all that apply)
o Personal Services o Client Services X PubliclLocal Gov't X Contract o Giant o Agreement
o Collaborative Research o A/E o Other o intergovernmental (RCVJ 39 34) o Interagency
I 20 Contractor Select-on Process 21 C_nntractor Tvpe trhark all that annlyi
X "To all who apply&qualify" o Competitive Bidding o Private Organization/individual o For-Profit
o Sole Source o AfE ROW o N/A X Public OrganizattonlJurisdiction X Non-Profit
o Advertised? o YES o NO o VENDOR X SUBRECIPIENT o OTHER
22 BRIEF DESCRIPTION,
' To provide Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to
local jurisdictions that have emergency management programs to supplement their local emergency management
operating budget in an effort to enhance their emergency management program.
IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and
have executed this contract as of the date and year written below This Contract Face Sheet, Special Terms and Conditions, General
Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract
In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order
(a) Applicable Federal and State Statutes and Regulations
' (b) Statement of Work
(c) Special Terms and Conditions
(d) General Terms and Conditions,and if attached,
(e) Any other provisions of the contract incorporated by reference.
This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding
the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto
WHEREAS,the parties hereto have executed this contract on the day and year last specified below
'I FOR THE DEPARTMENT* FOR THE CONTRACTOR• l
Signature Date Signature Date
James M. Mullen, Director Suzette Cooke, Mayor
Emergency Management Division
Washington State Military Department for
APPROVED AS TO FORM City of Kent Emergency Management
Spencer W. Daniels (signature on file) 11/25/03
Assistant Attorney General
Form 10/27/00 kdb
DHS-EMPG-FFY 06 Page 1 of 38 City of Kent Emergency Management
E06-345
SPECIAL TERMS AND CONDITIONS ,
ARTICLE I —COMPENSATION SCHEDULE:
This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries
and wages, benefits, printing, equipment, and other goods and services or other Duaget categories will be
reimbursed on an actual cost basis unless otherwise provided in this contract
Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to any single
budget category, except for an equipment line item, in excess of 10% or $100, whichever is greater, will not be
reimbursed without the prior written authorization of the Department Increases to the equipment line item
require prior written approval of the Department. Budget categories are as specified yr defined i1,1 the budget
sheet of the contract.
ARTICLE 11 -- REPORTS: '
In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and
submit the following reports to the Department's Key Personnel:
Financial #/Copies Date Due ,
Invoices 1 Within 30 days after the end
(invoicing sequences specified in of the period in which the
Attachment A must not be more work was performed as specified in ,
frequent than monthly) Attachment A
Final Invoice 1 December 31, 2006
(shall not exceed overall contract amount)
All contract work must end on December 31, 2006, however the contractor has up to 45 days after the
A J } 1� all
final
ll
expiration cafe to 6uuliili du !ilia billing.
Technical #/Copies Date Due
Bi-annual Strategy Implementation Report Online June 30, 2006
December 31, 2006 '
Performance Report 1 April 30, 2006
December 31, 2006
NIMS Compliance Progress Reports 1 As requested within the contract time ,
period
All contract work must end on December 31, 2006, however the contractor has up to 45 days after the
expiration date to submit all final reports and/or deliverables.
ARTICLE III -- KEY PERSONNEL:
The individuals listed below shall be considered key personnel. Any substitution must be notified in writing by
the Military Department
CONTRACTOR: MILITARY DEPARTMENT:
Brian Felczak, Program Manager Rachel Glahe, EMPG Program Manager
ARTICLE IV --ADMINISTRATIVE REQUIREMENTS:
The Contractor shall comply with OMB Circular A-87. Cost Principles for State Local. and Indian Tribal
eKi"1 A-12?
Single Audit for State and Local Government; A-133, Audits of States, Local Governments, and Non-Profit
Organizations; and Office of Financial Management Regulations (SAAM). '
ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS:
1. Funds are provided by the Department of Homeland Security (DHS) solely for the purpose of
supporting emergency management programs as provided by the Emergency Management
Performance Grant (EMPG). The Contractor shall use the funds to perform tasks as described to the
Statement of Work and Budget portions of the Contractor's request for funding, as approved by the
Department. ,
2. The Contractor shall provide a match of$65,312 of non-federal origin Said match may be in the form
of goods, services, and in-kind services.
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3. Contractor acknowledges that since this contract involves federal funding, the period of performance
described herein will likely begin prior to the availability of appropriated federal funds. Contractor
' agrees that it will not hold the Department, the State of Washington, or the United States liable for any
damages, claim for reimbursement, or any type of payment wheefsoever for services ppt-t,jri-ned under
this contract prior to distribution of appropriated federal funds.
Contractor agrees that it will not hold the Department, the State of Washington, or the United States
liable for any damages, claim for reimbursement or any type of payment if federal funds are not
appropriated or are not appropriated in a particular amount
44. Gwnersnip of Equipment
Upon successful completion of the terms of this contract, all equipment purchased through this contract
' will be owned by the Contractor The Contractor shall be responsible for any and all operation and
maintenance expenses and for the safe operation of said equipment including all questions of liability.
5. Equipment Management
All equipment purchased with federal funds by the Contractor or the Contractor's Subcontractor will be
recorded in an equipment inventory system Equipment in this system must be managed according to
' the following procedures at a minimum-
The Contractor shalt maintain equipment records that include: a description of the property; The
manufacturer's serial number, model number, or other identification number; the source of the
equipment, including the Catalogue of Federal Domestic Assistance or CFDA number, who holds
title, the acquisition date, the cost of the equipment and the percentage of Federal participation in
t C.^Sy the location, usle and condition of fhe equipment at the date the information uiag repnrfe i;
and disposition data including the date of disposal and sale price of the property.
• Records for equpment shall be retained by the Contractor for a period of three years from the date
of the disposition, replacement or transfer. if any litigation, claim, or audit is started before the
' expiration of the three year period, the records shall be retained by the Contractor until all
litigations, claims, or audit findings involving the records have been resolved
1 • The Contractor shall take a physical inventory of the equipment and reconcile the results with the
property records at least once every two years Any differences between quantities determined by
the physical inspection and those shown in the records shall be investigated by the Contractor to
determine the cause of the difference. The Contractor shall, in connection with the inventory, verify
the existence, current utilization, and continued need for the equipment
• The Contractor shall develop a control system to ensure adequate safeguards to prevent loss,
' damage, and theft of the property. Any loss, damage or theft shall be investigated.
• The Contractor will develop adequate maintenance procedures to keep the property in good
condition
• If the Contractor is authorized or required to Seri the property, proper sales procedures must oe
established to ensure the highest possible return
When original or replacement equipment is no longer needed for the original protect or program or for
other activities currently or previously supported by a Federal agency, disposition of the equipment will
be made as follows:
• Items of equipment with a current per-unit fair market value of less than $5,000 may be retained,
sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency.
' • Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or
sold and the Contractor shall compensate the Federal-sponsoring agency for its share.
6. The Contractor understands that in order to receive Federal Fiscal Year 2007 (FFY07) federal
' preparedness funding, to include EMPG, the National Incident Management System (NIMS)
compliance requirements must be met
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Applicants will be required to certify as part of their FFY07 grant applications I they have met the
FFY06 NiMS requirements The FFY06 NiMS requirements are:
• Adopt NIMS at the community level for all government departments and agencies; as well as '
promote and encourage NIMS adoption by associations, utilities, non-governmental organizations
(NGOs), and private sector incident management and response organizations.
• Manage all emergency incidents and prepianned (recurring/special) events in accordance with ICS
organizational structures, doctrine, and procedures, as defined in NIMS ICS implementation must
include the consistent application of Incident Action Planning and Common Communications , lans. ,
• Coordinate and support emergency incident and event management through the development and
use of integrated multi-agency coordination systems, i e. develop and maintain connectivity '
capability between local Incident Command Posts (ICPs, local 911 Centers, local Emergency
Operations Centers (EOCs) and state EOC )
• Implement processes, procedures, and/or plans to communicate timely, accurate information to the
public during an incident through a Joint Information System and Joint Information Center.
• Establish the community's NIMS baseline against the FFY05 and FFY06 implementation
requirements.
• Develop and implement a system to coordinate all federal preparedness funding to implement the
NIMS across the community ,
• Revise and update plans and SOPs to incorporate NIMS components, principles and policies, to
include planning training, response, exercises. equipment. evaluation, and corrective actions.
• Participate in and promote intrastate and interagency mutual aid agreements, to include
agreements with the private sector and non-governmental organizations
• Complete IS-700, "NIMS: An Introduction," training for all personnel with a direct role in emergency '
preparedness, incident management or response.
• Complete IS-800, "NRP: An Introduction," training for all emergency managers or personnel whose
primary responsibility is emergency management. '
• Complete ICS 100 training for all personnel at the entry level, first line supervisory level, middle
management level and command and general staff level of emergency management operations
• Complete ICS 200 training for all personnel at the first line supervisory level, middle management
level and command and general staff level of emergency management operations.
• incorporate NIMSi11S into all tribal, local and regional training and eXerCiScS.
• Participate in an all-hazard exercise program based on NIMS that involves responders from multiple
disciplines and multiple jurisdictions. ,
• Incorporate corrective actions into preparedness and response plans and procedures.
• Inventory community response assets to conform to homeland security resource typing standards.
• To the extent permissible by law, ensure that relevant national standards and guidance to achieve
equipment, communication, and data interoperability are incorporated into tribal and local
acquisition programs.
• Apply standardized and consistent terminology, including the establishment of plain English
communications standards across public safety sector.
The NIMS Integration Center (NIC) web page, www fema gov(nims, is updated regularly with
information about the NIMS and guidance for information The website can also be used as a useful
tool to determine the extent to which your jurisdiction is already compliant, as well as identify the NIMS ,
requirements you have not yet met.
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ExhibEt A
Subiecipient
Washington Military Department
G E N E i2AL TI= werlS rA,i.D C:?0.:DITIrJ"1S
1. DEFINITIONS
As used throughout this contract, the following terms shall have the meaning set forth below:
a. "Department" shall mean the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials
lawfully representing that Department.
b "Contractor" shall mean that firm, organization, group, individual, or other entity performing
' services under this contract, and shall include all employees of the Contractor. It shall include
any subcontractor retained by the prime Contractor as permitted under the terms of this
contract. "Contractor" shall be further defined as one or the other of the following and so
' indicated on face sheet of the contract.
1) "Subrecipient' shall mean a contractor that operates a federal or state assistance
program for which it receives federal funds and which has the authority to determine
both the services rendered and disposition of program funds.
2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service
or activity requested by the Department and that agrees to provide goods or services to
' be utilized by the Department.
C. "Cognizant State Agency" shall mean the state agency from which the subrecipient receives
federal financial assistance. If funds are received from more than one state agency, the
cognizant state agency shall be he agency vvho contributes ii s IargcSt po i0n Cf federal
financial assistance to the subrecipient unless the designation has been reassigned to a
different state agency by mutual agreement
d. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing ail
or part of those services under this contract under a separate contract with the Contractor. The
terms "subcontractor' and "subcontractors" mean subcontractor(s) in any tier.
e. "CFR"— Code of Federal Regulations
' f. "OMB"—Office of Management and Budget
g "RCW" - Revised Code of Washington
h. "WAC" -Washington Administrative Code.
' 2. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal contractors receiving financial assistance of $500,000 or more in federal funds from all
sources, direct and indirect, are required to have a single or a program-specific audit conducted in
accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending
after December 31, 2003) Non-federal entities that spend less than $500,000 a year in federal awards
are exempt from federal audit requirements for that year, except as noted in Circular No A-133
Circular A-133 avalame on the OMB Home rage at hrip iiwww omb gov and !hen seieci "Grams
Management"followed by "Circulars".
' Contractors required to have an audit must ensure the audit is performed in accordance with Generally
Accepted Auditing Standards (GARS), Government Auditing Standards (the Kevised Yellow Book)
developed by the Comptroller General and the OMB Compliance Supplement.
' The Contractor has the responsibility of notifying the State Auditors Office and requesting an audit.
Costs of the audit may be an allowable grant expenditure
' The Contractor shall maintain records and accounts so as to facilitate the audit requirement and shall
ensure that any subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report.
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The Contractor must respond to Department requests for information or corrective action concerning
audit issues within 30 days of the date of request. The Department reserves the right to recover from
the Contractor all disallowed costs resulting from the audit.
Once the single audit nas oeen completed, the Contractor must send a foil copy of .lie a+edit to the
Department and a letter stating there were no findings or if there were findings, the letter should provide
a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months ,
after the end of the Contractor's fiscal year(s) to:
Accounting Manager '
y'ashington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032 '
In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any
audit findings and a copy of the management letter if one was received
The Contractor shall include the above audit requirements in any subcontracts ,
3. RECAPTURE PROVISIONS
In the event that the Contractor fails to expend funds under this contract in accordance with state laws
and/or the provisions of this contract, the Department reserves the right to recapture state funds in an '
amount equivalent to the extent of the noncompliance.
Such right of recapture shall exist for a period not to exceed six years following contract termination or ,
audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture
provision shall occur within 30 days of demand In the event that the Department is required to institute
legal proceedings to enforce the recapture provision, the Department snail be entitled to its costs
thereof, including reasonable attorney's fees
4. f7VALUATION AND MONITORING
a The Contractor shall cooperate with and freely participate in any monitoring or evaluation '
activities conducted by the Department that are pertinent to the intent of this contract.
b The Department or the State Auditor or any of their representatives shall have full access to and
the right to examine during normal business hours and as often as the Department or the State ,
Auditor may deem necessary, all of the Contractor's records with respect to all matters covered
in this contract Such representatives shall be permitted to audit, examine, and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials,
payrolls, and records of matters covered by this contract Such rights last for six (6) years from
the date final payment is made hereunder.
5. SUBCONTRACTING
Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the Department Contractor
shall use a competitive procurement process in award of any contracts with subcontractors that are
entered into after original contract award.
6. PUBLICITY
The Contractor agrees to submit to the Department all advertising and publicity matters reiating to this
contract wherein the Department's name is mentioned or language used from which the connection of
the Department's name may, in the Department's judgment, be inferred or implied The Contractor
agrees not to publish or use such advertising and publicity matters without the prior written consent of
the Department.
7. NONDISCRIMINATION
During the performance of this contract, the Contractor shall comply with all federal and state
nondiscrimination statutes and regulations These requirements include, but are not limited to:
DHS-EMPG-FFY 06 Page 6 of 38 City of Kent Emergency Management ,
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a. Nondiscrimination in Employment The Contractor shall not discriminate against any employee
t or applicant for employment because of race, color, sex, religion, national origin, creed, marital
status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or
physical handicap. Such action small inclu&, but not be limited tv, the .ing. 1mpinymer,,f
upgrading, demotion, or transfer, recruitment or recruitment selection for training, including
apprenticeships and volunteers This requirement does not apply, however, to a religious
corporation, association, educational institution or society with respect to the employment of
individuals of a particular religion to perform work connected with the carrying on by such
corporation, association, educational institution or society of its activities
8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U S.C. 12101 et
seq. and its implementing regulations also referred to as the "ADA" 28 CFR Part 35. The Contractor
must comply with the ADA, which provides comprehensive civil rights protection to individuals with
disabilities in the areas of employment, public accommodations, state and local government services,
' and telecommunication.
9. CONTRACT MODIFICATIONS
The Department and the Contractor may, from time to time, request changes in services to be
' performed with the funds. Any such changes that are mutually agreed upon by the Department and the
Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed
and understood that no alteration or variation of the terms of this contract shall be valid unless made in
' writing and signed by the parties hereto, and that any oral understanding or agreements not
incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding
10 TERMINATION OF CONTRACT
' a If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this contract or if the Contractor shall violate any of its covenants,
agreements, or stipulations of this contract, the Department shall thereupon have the right to
terminate this contract and withhold the remaining allocation if such default or violation is not
corrected within thirty (30) days after submitting written notice to the Contractor describing such
default or violation
b. Notwithstanding any provisions of this contract, either party may terminate this contract by
providing written notice of such termination, specifying the effective date thereof, at least thirty
(30) days prior to such date.
c Reimbursement for Contractor services performed, and not otherwise paid for by the
Department prior to the effective date of such termination, shall be as the Department
reasonably determines.
d. The Department may unilaterally terminate all or part of this contract, or may reduce its scope of
work and budget, if there is a reduction in funds by the source of those funds, and if such funds
are the basis for this contract.
11. CONTRACTOR NOT EMPLOYEE
The Contractor, and/or ernplovees or agents performing under this contract are not employees or
agents of the Department in any manner whatsoever The Contractor will not be presented as nor
claim to be an officer or employee of the Department or of the State of Washington by reason hereof,
' nor will the Contractor make any claim, demand, or application to or for any rig]it or privilege applicable
to an officer or employee of the Department or of the State of Washington, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
' retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 4106 RCW.
It is understood that if the Contractor is another state department, state agency, state university, state
' college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right
' If the Contractor is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution. A statement of "no conflict of
interest" shall be submitted to the Department
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12. RECORDS, DOCUMENTS, AND REPORTS
The Contractor shall maintain books, records, documents, and other evidence and accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature '
expended in the perfor i�lance of the contract
These records shall be subject at all reasonable times to inspection, review, or audit by Department '
personnel and other personnel duly authorized by the Department or the Office of the State Auditor
The Contractor will retain all books, records, documents, and other material relevant to this contract for
six (6) years after the date of grant closure or contract final expiration date, whichever applies to this '
document. The Office of the State Auditor, or any persons duly authorized by the Department shall
have full access to and the rignt to examine any of said materials during said period.
13. WAIVER OF DEFAULT '
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach
of any provision of the contract shall not be deemed to be a waiver of any other or subsequent breach
and shall not be construed to be a modification of the terms of the contract unless stated to be such in ,
writing, signed by the Director and attached to the original contract.
14 SUBCONTRACTS
All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference '
15. LEGAL RELATIONS
Each party to this contract shall be responsible for injury to persons or damage to property resulting
from negligence on the part of itself, its employees, agents, officers, or subcontractors Neither party '
assumes any responsibility to the other party for the consequences of any act or omission of any third
Party
16. COMPLIANCE WITH APPLICABLE LAW
The Contractor and all subcontractors shall comply with, and the Department is not responsible for
determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or
policies This obligation includes, but is not limited to, nondiscrimination laws and/or policies, the
Americans with Disabilities Act (ADA); Ethics in Public Service (RCW 42.52), Covenant Against
Contingent Fees (48 C.F.R. Sec. 52.203-5), Public Disclosure (RCW 4217), safety and health
regulations.
In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any law or
policy, the Department may rescind, cancel, or terminate the contract in whole or in part The ,
Contractor is responsible for any and all costs or liability arising from the ontractor's fa;lure to C so
comply with applicable law.
17. DISPUTES '
The parties shall make every effort to resolve disputes arising out of or relating to this contract through
discussion and negotiation
Should discussion and neaotiation fail to resolve a dispute ansinq under this contract, the parties shall ,
select a dispute resolution team to resolve the dispute The team shall consist of a representative
appointed by each party and a third representative mutually agreed upon by both parties. The team
shall attempt, by majority vote, to resolve the dispute.
Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial
tribunal,
18. NONASSIGNABILITY '
Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the
Contractor. ,
19. DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Contractor's responsibilities with
respect to services provided under this contract is prohibited except by prior written consent of the
Department.
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20. ATTORNEY'S FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its
' own attorney's fees and costs.
21 TAXES
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the
Contractor.
22. LIMITATION OF AUTHORITY -- "Authorized Signature" Only the assigned Authorized Signature for
the Department or the assigned delegate by writing (delegation to be made prior to action) shall have
the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
' this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or
condition of this contract is not effective or binding unless made in writing and signed by the authorized
person.
23. GOVERNING LAW AND VENUE
This contract shall be construed and enforced in accordance with, and the validity and performance
hereof shall be governed by, the laws of the state of Washington Venue of any suit between the
parties arising out of this contract shall be the Superior Court of Thurston County, Washington
24. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
If federal funds are the basis for this contract, the Contractor certifies that the Contractor is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in this contract by any federal department or agency. If requested by Washington
Nfimary Department, the Contractor shall complete and sign a Ceiiu`icauon Regarding- Debarment,
' Suspension, Ineligibility, and Voluntary Exclusion form Any such form completed by the Contractor for
this Contract shall be incorporated into this Contract by reference.
Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with
any party that is on the "General Service Administration List of Parties Excluded from Federal
Procurement or Non-procurement Programs".
25. SEVERABILITY
In the event any term or condition of this contract or application thereof to any person or circumstances
is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract,
which can be given effect without the invalid term, condition, or application To this end, the terms and
conditions of this contract are declared severable.
Approved 11/25/03
DHS-EMPG-FFY 06 Page 9 of 38 City of Kent Emergency Management
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Exhibit B
STATEMENT OF WORK '
Emergency Management Performance Grant (EMPG)
Federal :iscal Year 2vv6 ;FI=Y06)
INTRODUCTION: The Washington State Military Department (Military Department), Emergency Management
Division (EMD), receives grant monies each year from the Department of Homeland Security (DHS) through the
Emergency Management Performance Grant (EMPG) A portion of this grant has been identified by the state to
be passed through to local jurisdictions that have emergency management programs to supplement their- local
operating budget. Each jurisdiction that applies and meets the qualifications specified in WAC 113-09 is awarded
a grant based on the size of their jurisdictions' emergency management operating budget. Funds are utilized by
local jurisdictions to enhance their emergency management capability
The Statement of Work outlines the objectives, goals, and deliverables the Contractor has identified to be
performed for FFY06 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill
the grant deliverables during the contract performance period The Budget Sheet outlines the Contractor's
emergency management operating budget (excluding federal funds) that is dedicated to emergency management
operations- In addition, the Budget Sheet is used to announce the FFY06 EMPG award and serves as
documentation for the local match to the federal funds
The Contractor Agrees To:
1. Perform activities described in the attached Statement of Work (Attachment A): City of Kent Workplan 4-
a�_nF
2. Report progress on deliverables and advise the Military Department, in writing, of necessary
adjustments to the content of the contract. Performance reports will be submitted using the on-line
Electronic Grant Management System (e-GMS) located at https-//fortress wa gov/mil/qms/qms!
3 Submit the Biannual Strategy Implementation Report (BSIR) to the on-line Grant Reporting Tool
(https J/www reporting odp dhs clov)
4. Submit NIMS Compliance Progress Reports to the Military Department when due.
5. Make all supporting documentation to reports and billings available to Military Department staff for
review, upon request
6. If necessary, hire a Subcontractor to assist in accomplishing the tasks outlined in the Statement of
'Mork
7. Purchase only equipment items which fall within allowable equipment categories for the FFY06 EMPG
program Information about allowable equipment categories for FFY06 EMPG is hosted on a web-
based program sponsored by the Office for Domestic Preparedness (ODP) and the National Memorial
Institute for the Prevention of Terrorism, titled the Responder Knowledge Base (RBK) under Authorized
Equipment List (AEL) at: http*//www rkb mipt.org. If the Contractor nas questions concerning the
eligibility of equipment not addressed in the AEL, contact the State EMD Equipment Program Manager
at (253) 512-7a63.
8. Submit signed, approved invoice vouchers (state form A-19) within 30 days of the end of the period in
which the work was performed. Invoicing timeframe will be specified in Attachment A but no more often
than monthly. Each billing must include a completed Reimbursement Spreadsheet (Attachment B)
The Military Department Agrees To:
1. Provide staff coordination and input such as technical information and assistance.
2. Review reports and billings for accuracy and completion.
3. Reimburse the Contractor within 30 days of receipt and approval of signed, dated invoice voucher(s)
(state form A-19), documentation of satisfactory completion of tasks-to-date, and documentation of
costs.
DHS-Er.IPG-FFY 06 Page 10 of 38 City of Kent Emergency Management
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TIMELINE
Agency Organization Date
Washington State Military Department City of Kent Emergency Management 10105
2005 12006 1 1 1 I I 2007
Tasks OCT APR MAY JUN I JUL I SEP I OCT DEC FEB
1. Submit BSIR on 6 6
online grant
reporting tool
2. Submit performance a G
reports
3 Submit invoices is 6 6 Cr
with Reimbursement Form.
4. Be fully compliant with
all FFY06 NIMS requirements. I 6
5. Contract expires. I I I I l a f
j
DHS-EMPG-FFY 06 Page 1 f of 38 City of Kent Emergency Management
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Exhibit C
BU€3GE T SHEET
Contract expenditures shall be documented according to the following categories when appropriate
LOCAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY
F_ 2006 Approved
Operating Budget
Personnel $301,576
In-Direct Costs $0
Travel $1,029
Equipment $313
Supplies I $5,535
Telephones $3,584
Printing $0
.taint/Maint $7,344
Auto Lease $0
Space Rental $0
Insurance $155
Subcontractor $0
Other $34,797
Total All Program Costs $354,333
IFFY 06 EMPG Award y65,312
The City of Kent Emergency Management award is $65,312 This is based on the FFY06 allocation factor of
18.43% of approved local erergency management operating budgets. This award will not be used to supplant
existing local funds identified above. The Reimbursement Spreadsheet (Attachment B) will accompany each
A-19 invoice voucher requesting reimbursement. In addition, the Contractor agrees to make all records
available to Military Department staff, upon request. A total of 2.5% of this award can be used to pay for
management and administration of this contract.
* No federal funds are included in the local emergency management operating budget.
Funding Source: Department of Homeland Security - Pl#76314 —EMPG
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STATEMENT OF WORK Attachment A
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLE—PLANNING - REQUIRED ACTIVITIES
Activity Deliverable Deadline
1 Review the Comprehensive a.Any jurisdiction that has not submitted an updated CEMP to the
Emergency Management Plan(CEMP) Washington State Emergencv Management Division kt ithm the past
and supporting Emergency Support four years must do so during this program year
Functions tESFsl Reamrements for Ulan
de,,clopniont and submission are h First tune applicants must complete a draft of thew Basic Plan
provided in RCW+8 52 070, WAC portion of(lie CEMP within this program year
IIS09 and WAC11S30.
a. Review CEMP by
June 2D06 and
submit changes to
distribution
list.
1
City of Kent Emergency Management
DHS-EMPG-FFY 06 Page 13 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAR DEL_VEI R BLES- PLANNING- ADDITIONAL ACTIVITIES
Aefivity Deliverable Deadline
Continued participation with a Coordination of efforts towards Homland a Ongoing
the Region 6 Homeland Security between Region 6, Washington State and
Security Subcommittee DHS.
CY�-aYngi� Plann'ng
implementation proccess.
i
i f1
Activity Deliverable Deadline
Enhance collaboration in a Improved coordination for Zone 3 a. Ongoing
Region 6 Zone 3 through 3urisdictions and agencies. Sharing of planning
quarterly meetings of une resources and material. Improved collaboration
Zone 3 Emergency Management with Zone one and five
Directors (Z3EMDC) . To
continue common
methodologies in the four
phases of Emergency
Management.
I
i
i
City of Kent Emergency Management
DHS-EMPG-FFY 06 Page 14 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVER,kBLES- MUTUAL, AID -REQUIRED ACTIVITIES
Activity Deliverable Deadline
1 Review mutual aid agreements, a.Update mutual aid agreements as deemed necessary by the a. August 2C06
following the guidance set k rth In
tite jurisdiction
state Emeiggency Management
Dtvicion's XUlual Aid and Inter-local
Agreement Handbook. I
1
City of Kent Emergency Management
DHS-EMPG-FFY 06 Page 15 of 36 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PRO DEL IVERABLES-TRAINING:iING
ketivity Deliverable Deadline
Attend the wasnington State a Obtain information, networking, and enhance a. May 2006
Local Emergency Planning planning capabilities for the Kent LEPC,
Committee (LEPC) conference. `
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sign up and attend state a. Be able to conduct HSEEP documentation as a February 2006
training on the Homeland required in many applications and provide
Security Exercise and improved exercises and evaluations based on a
Evaluation Program scheduled new national program
Ifor February 28 - March 1,
2006,
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City of Kent Emergency Management
DHS-EMPG-FFY 06 Page 16 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DEUVERABLES- TRA l NI NG
Activity Deliverable Deadline
Attend the April 18-19, 2006 a. Network with other ENl organizations, share April 2006
Partners in Preparedness- techniques and program information, obtain
conference in Tacoma, wa. fresh insight or ideas from other area
_professionals.
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Activity Deliverable Deadline
Participate r. a. Enhance proccesses, ccmmunications, ICS/NIMS a. IEMC is in
antra-regional training usage from Renton's perspective and from a May, report at
(within Zone 3 of Region 6. Zonal operational perspective. Report back to the next
Attend IEMC with the City of the Z3EMDC quarterly Z3EMDC
Renton to assist with Zone 3 meeting in July
coordination in the event of
an earthquake. Accompany the
city's training group as
both a neighboring emergency
management jurisdiction but
also representing Zone 3
Emergency Managment
Directors Committee
� (Z3EMDC) .
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DHS-EMPG-FFY 06 Page 17 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DEEIVE12ABLFS- LAWS AND AUTH01:1T1 ES
_ Activity Deliverable Deadline
Review authorities regardinc a Clarify line of authority for elected a. May 2006�
a local_ health emergency officials to provide crisis leadership and
such as pandemic flu improve direction and control .
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DHS-EMPG-FFY 06 Page 18 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES - HAZARD MITIGATION
Activitv Deliverable Deadline
Provide annual review of the a. solicit and implement any changes to the a November 2006
City of Kent's Hazard !Mitigation Plan
I Mitigation Plan.
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DHS-EMPG-FFY 06 Page 19 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES -RESOURCE MANAGEMENT
Activity Deliverahle Deadline
Improve ECC Resource Unit's a. Enhanced resource tracking capabilities that a Auqust 2006
ability to identify, can be shared with the Region
request, and track assets. 1b. Improved assert management
Research in developing a
Zonal or Reaional resource
request system that is not
Web EOC based since few
city's have that capability
but contain similar elenents
to be easily translated.
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DHS-EMPG-FFY 06 Page 20 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLE—DIRECTION,CONTR06,, WARNING -REQUIRED
Activity Deliverable Deadline
Be fully compliant with all federal fiscal a Must report NINIS compliance pro-]ess in accordance with Forward progress
year 2006 National incident established protocols Foi questions contact Jim Kadtmas,State report to wAEMD
Management System(NiMS) NIMS Coordinator at J kadrmas n�emd wa gov or(253)512-7037 by February 2006
comphance requirements by Seomember
30,2006 Fcr si:ecifics nn the NiMS I I
requirements please contact Jun
I kadrmas, State NIMS Coordinator at
j kadnnas@emd wa.gov or(253)512-
7027.
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DHS-EMPG-FFY 06 Page 21 of 38 E06-345
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ENIERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES- DIRECTION. CONTROL, WARNING-ADDITIONAL
Activity Deliverable Deadline
I
Provide overview of a. I informed policy making body in direction, a. March 29, 2006
responsibilities to elected control, and warning functions along with upper
officials To brief them on level decision making proccesses and ECC
policy issues, current operations.
planning activities aad
update on NIMS
implementation.
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DHS-EMPG-FFY 06 Page 22 of 38 E06-345
EMERGENCY MANAGE,NIENT PERFORMANCE GRANT
PROGRAM DELIVE_R.ADLES-If AZARD I0VNTIFICATION, RISK ASSESSINIENT,AND IMPACT
ANALYSIS
Activity Deliverable Deadline
Analyze the impacts of a a. Incorporate pandemic flu planning based on a. Augus 2006
pandemic Flu to the City of analysis results.
Kent Pev,ew available I
response plans from the
Department of Health and
Human Services, Washington
State Department of Health,
and Seattle/King County
Public Health Determine
planning needs and risks
associated with a pandemic
(event.
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DHS-EMPG-FFY 06 Page 23 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES- OPERATIONS AND PROCEDURES
Activity Deliverable Deadline
Update the Emergency a. Make appropriate changes to the ECC Ops June 2006
,Coodination Center Manual,
Operations Manual. Review
notification, and set up
(procedures to ensure
accuracy.
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DHS-EMPG-FFY 06 Page 24 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVEI ARLES- LOGISTICS AND FACILITIES
Activity Deliverable Deadline
Conduct monthly ECC in a A tested and well maintained ECC a. Completed
service days to consistently {operations, Planning, Logistics, Message checklist done
check/test systems and Center) , able to communicate and operate during monthly
equipment for reliability an incident.
and performance. I I
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DHS-EMPG-FFY 06 Page 25 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES-PROGRAM NLANAGL+MENT- IZFOtTIRED ACTIVITIES
Activity Deliverable Deadline
L Perfonnanec reports will be required a Reports must be submitted no later than April 30,2006,and a April 30,
twice during the contract period Failure December 31,2006,respeeuveIN Reports must clearly desci the the 2006 and
to submit performance reports niay progress the recipient is making towards the dehveiable de5cnbed m December 31,
result in cancellation of contract. the Statement of Work The performance report must also describe 2006
the ali_4nmcnt of expend;mirIs of ENIPG funds with the Scope of b June and
Work. Document December 2006
b Biannual Strategy Implementation Reports(BSIR)must be
submitted through the Dept of Homeland Security on-line Grant
Reporting System every June and Dec The on-bne BSIR is located at
http:Ywwv v teport ng.odp dhs gov
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DHS-EMPG-FFY 06 Page 26 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES- PROGRAM P+IANAf.E.NIENT- ADDITIONAL ACTIVITIES
Activity Deliverable Deadline
Conduct quarterly City of a. Enhanced Citywide coordination between all a.Ongoing
Kent Emergency Planing city departments and Emergency Management.
CCommittee meetings to Clarifying roles and responsibilities under the
intea_rate and coordinate city's comprehensive emergency management plan
disaster preparedness,
reponse, mitigation, and
recovery activities
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DHS-EMPG-FFY 06 Page 27 of 38 E06-345
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EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES- CRISIS COMMUNICATION. PUBLIC EDUCATION AND INFORMATION
-REQUIRED NCTIViTIES
Activity Deliverable _ Deadline
1 Conduct a public disaster education a.Preparedness presentations and distribution of preparedness a Ongoing
program fot the inhabitants ofyom materials to schools,civic groups,business oiffanizations,nursing
care facilities,child care facilities,goveinnienial agencies. hospitals
and the general pu0lic,and 0l
b Participate in the April Disaster Preparedness Campaign
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DHS-EMPG-FFY 06 Page 28 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
RRGGRA_M DIE L Yv RABr ES_ C'RIISIS CONINIUNICATION. PUBLIC EDUCATION AND INFORMATION
- ADDITIONAL ACTIVITIES
Activity Deliverable Deadline
Conduct four C E.R.T. a. Improved employee, business, and citizens a Spying and
academies (2 in the spring capabilities to support emergency responders Fall 2006
& 2 In the fall, _
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Conduct School Emergency a. Improve the school districts abilities in Ongoing
Response Team S E.R.T. preparedness and response to disasters.
( training for school district
personnel.
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DHS-EMPG-FFY 06 Page 29 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES - CRISIS COMNIUNICATION, PUBLIC EDUCATION AND INFORMATION
ADDITIONAL ACTIVITIES
Activity Deliverable Deadline t
NA NA n;a
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Activitv Deliverable Deadline
Staff public display booth a. Interaction with citizen population and a_ Per event-
for large citvwide events promotion of personal and family preparedness calendar
including Cornucopia Days in activities.
Kent and Whistle Stop Days
.. the City of Covington.
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DHS-EMPG-FFY 06 Page 30 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES- FINANCE AND ADNIINiS rRATION - REQUIRED ACTIVITIES
Actlit'Ity
Deliverable Deadline
1.Submit reimbursement requests, a The EMPG Reimbursement Spreadsheet must accompany all a. End of grant
ensuung all applicahle Office uf requests for teunbmsemeni,showing how the EMPG funds were cycle February
Management and Budget(ONIB) spent Expenditures listed on Reimbursement Spreadsheet cannot be 2007 or as
Circulars ate compared with items fisted in the'_C>06 Approved Opeiatnt,Budget portrou'dille needed
apphe alrota.
Ni ffl-. f.t1?(; frmdn ShA sr,., i4t v,Qd
iCiSlPiari mil hed.`>L312.Lu'Cy..idl7alU=
li,cd III ,Rvtlf h, fuuds t'C,e's4,A mulct �l -t:'rl:Ic't,`l e,'+ r:.: �i:_tC L,�l n�..dal 71�.,dn dw i A--
I t- 1t°�e. $1Fa5iE€h}i(J 4n.ta t}£t"YE1mt
da3'`531l1�t4 r ocu I a t'nt'it till)C{Y`1`tnrt
Ahx SP rldv littll in I113i !'t-tA'3' ilal
t'astadtB L•'ti fDi currvd tE?#' c4wr
tlt;lse the tkiv;pt E.r e4=1cct;rll rc-ekpl tit
'x-r.ta rs' €iSrtrla,
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DHS-EMPG-FFY 06 Page 31 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM I)F,I�IVFRA Bt.ES- COMMIiNICATIONS AND WARNING - RE,OUIRED ACTIVITIES
Activity Deliverable Deadline
I.Participate in ail scheduled National a Ensure jurisdiction is mcotpoiated in the fan-out. a. Ongoing
Warnina System(NAWAS)tests and
exercises,whether a Primary NAWAS h, f,*Q*•c;;..r+c to t=iwdified te"'.
Warning Point,a Secondary Warning
Pc,nt,It a Tertiary Warning Pont This
is the on-eouw test of the statewide
warning fan-out as outlined in the State
CENIP and warnutg annex All
emergency utanagementjurisdictions
must be a part of this fan-out.
Activity Deliverable Deadline
2 Participate in all scheduled EAS tests a.Participate as scheduled a- Ongoing
commensurate with your EAS plan and
operational status ofvour Local Relay
Network(LRN)
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DHS-EMPG-FFY 06 Page 32 of 38 E06-U5
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAAMllELIVERARLEF-8- ts�fri??viiATs`(iNi Aivi) v�- vRivtivG- ,2E�, iicE1', ACT VIRTIRS
Activity Deliverable Deadline
3 Work with ENID t censure a Communicate regularly with ENID to retain CEMNET capability a Ongoing
Comprehensive Emergency
ManagementNetw M or6(CENET)
capability is maintained and participate
m scheduled testing bet-wecn the local
Emerg-ency Operations Center(EOC)or
sinular facility and the state EOC
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Activity Deliverable Deadline
4 Develop and or update local plans and a Update local plans and equipment a. Ongoing
equipment for use of amateur radio
(HAM bands)through the Radio
Amateur Civil Emergency Service
(RACES)program and as per the state
RACES plan,
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DHS-EMPG-FFY 06 Page 33 of 38 E06-345
EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES- COMMUNICATIONS AND WARNING- REQUIRED ACTIVITIES
Actit ity Deliverable Deadline
5 Work with the Local AteaEmergency a Develop/update anEASplan a. Ongoing �
A lest System (EAS)Committee
(LAECC)to complete an EAS plan and
the LRN per existing guidance from the
FCC, FEMA,and the State Emergency
Communications Committee with I
assistance from the State ENID
Telecommunications staff
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Activity Deliverable Deadline
6.Notify the state EOC immediately a.Submit a daily Situation Report(SITREP)to the state EOC during a, As needed
upon activation of youi local EOC. activation
Ptovtde periodic tat least once per day)
Situation Reports(SITREPs)
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DHS-EMPG-FFY 06 Page 34 of 38 E06-345
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EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES- COMMUNICATIONS AND WARNING- ADDITIONAL ACTIVITIES
Activi Deliverable Deadline
Participate once a month in a. Improved operational readiness and a. Monthly
j the King County 800 MHz communication capabilities,
radio test
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Conduct monthly 800 MHz a Ensure operational capability and piovide a. Monthly
Citywide Radio System test additional training to staff not normaliv used
Test the ability of to using 800 Mhz radios and maintain a monthly
Department Operating Centers test log.
(D.O C. 's) to communicatie
with the ECC using 800 Mhz
radios.
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DHS-EMPG-FFY 06 Page 35 of 38 E06-345
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EMERGENCY MANAGEMENT PERFORMANCE GRANT
PROGRAM DELIVERABLES - EXERCISES. EVALLI ATIONS, AND CORRECTIVE ACTIONS-
REQUIRED ACTIVITIES
Activity Deliverable Deadline
I Participate in the design,conduct,and a.Submit Exercise Repoli F oirn to the state Exercise Ttainntg Officer a 4 th quarter
evaluation of either a functional or a (ETO)within 30 days of the completion of the exercise The ETO
full-scale exercise Each jui indiction reviews exercise rennrts for proem...compliance j
receiving EMPG funding MUST
complete at least one major exercise
during the pet lot mance period.The
recommended sequencing is three
functional and one full-scale exercise in
a four-year period This may be
accomplished either alone or in
conjunction with FEMA,EMD,other
public or private entities(e.g,a port
authority),or with a neighboring
jurisdiction However,mere
participation(as opposed to active
involvement in design,conduct,and
evaluation)in an exercise sponsored by
some other entity will be insufficient to
meet the requirements of this section 4
Keausnc activation of the Emergency
Operations Center
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Activitv Deliverable Deadline
2 in the event a jurisdiction experiences a.Submit Exercise Report Foi m to the state Exeicise Training Officer a. 4th quarter
an actual even[that adequately tests (ETO)within 75 days of the acto auun
overall emergency capabilities,exercise
credit may be requested within 75 days.
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DHS-EMPG-FFY 06 Page 36 of 38 E06-345
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Debarment, Suspension,-irreitgibility or Voiuntar,,yzExctusioncCertificatian Form
NAME Cc.,g hus;ness as (DEA)
AboRESS Applicable Procurernent WP,Uniform Business Federal Employer Tax
or Solicitation+, if env Identifier(UBP Identification tt
l his ceitdtcation is submitted as part of a request-to contract
Instructions Foi Gertification Regarding debarment, Suspension, ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY B FDF,E SIGNING THE CERTIFICATION Federci renulatfons require contractors and bidders to sign and
abide by the terms of this cerdreation, without modification, in order to pa bcipate in certain transactions directry or
indirectly involving redFrai funds
1 By s igrnng and s ubmtting this proposal, t he prospective lower tier p articipant is p roviding the c ertincauon s et o ul
below
2 The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered Into it it is later determined that the prospective lower tier participant imowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction onginated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate w often notice to the department, institution of office to
which this proposal is submitted if at any time the prospective lower tier participant learns tha its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances
4, The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, parficipant, person,
primary covered transaction, principal, proposal, and voluntarily eccludec, as used in this clause, have the meaning
set out in the Definitions and Coverage sachens df rules irnplemantinq Executive Order 125-49. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier parnctpant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly onto into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared 'ineligible, of voluntarily excluded
from partictpation in this covered transaction, unless authorized by the department or agency vAth whtcn this
transaction originated.
o The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier "Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower bei covered
transactions
7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that h is not proposed for debarment under applicaole CFR, oebarred, suspended, ireligible, or voluntarily
I excluded from covered transactions, unless it knows that the certification is erroneous A participant may decide the
method and frequency by which it determines the eligibility of its principals Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurers ant Programs.
8. Nothing contained I n the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause The knowledge and information of a part;crpant is not
°y posSo--teed hu a nnidpnt person in the ordinary course of business activity
required to exceed that which is nc�r iTiany ru.,�,.:.�.._ _,
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covereo irarisaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
ir-i,gible or voluntarily exciuoed from particpabon in this transaction in addition to other
remedies available to the Federal Government, the depa itLent or agency wren wi tic h tf,, :rw csc:;g ^=}Ad may
pursue available remedies, including suspension and/or debarment
Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion--Lower Tier
over ed Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that gopher it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency, Where the piospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form
Bidder or Contractor Signature Date
Print Name and Title
substilufe Give form to the
Form W_9 Request for Taxpayer
requester Do not
(Rev Wn 2003t Identification Number and Certification send to the IRS.
flame(See Specific Instructions on page 3 i
&ISlness name,if different from above (See Specific Instructions on page 3)
d
a Check D individual/Sole Proprietor El Corporafion ❑ partnership El Other ❑ Exempt from
o` approonate c b f�i ox ( j LLG fdmg as Sale Proprietor ElLLC filing as Corporauon El LLC ffng as Partnership backup withhoidmg
n.-d gel nr;W k•no I Requesters name and address(cohonaq
N
R
N
E City,slate,and ZIP code Telephone#
List account numbegs)here(optional)
Tax a et Identification Number(TIN)
Enter your TIN in the appropriate box For individuals,this is your social security number(SSN) social security number
However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3
For other enfrtles,¢is your employer Identification number(EIN) If you do not have a number,
see How to get a TIN on page 3 or
Note* If the account is in more than one name,Seethe chart on page 3 for guidelines on whose number Employer identification number
to enter 7-
Certification
Under penalties of perjury,I certify that
1. The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be issued to me),and
2 1 am not subject to backup withholding because (a)I am exempt from backup withholding,or(o)I have not been no' by U-ie internal P,cvonue-
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends or tc)the IRS has notified me that I am
no longer subject to backup withholding,and
1 1 am a u S person pncludmg a U S resident anent
Certification instructions You must cross out item 2 above if you have been notified by the iRS that you are currently subject to backup withholding
because you have;ailed to report all interest and dividends on your tax return For real estate transactions,item 2 does not apply
For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement
(IRA),and generally,payments other than interest and dividends,you are not required to sign the Certification,but you must
provide your correct TIN (See the instructions on page 3_)
Sign Here Signawre of
U,S oerson► Date 0--
Purpose of Form If you are a U S resident alien who is relying on a exception contained
A person ,vf o is required to file an Information return with the IRS must in the saving clause of a tar treaty to claim an exemption from U S tax
obtain your correct taxpayer identification number( IN)to report,for -' on follortainwing
types of income,you must attach a statement that specifies
example,Income paid to you,real estate transactions,mortgage the foitowing five items
interest you paid,acquisition or abandonment of secured property, 1 The treaty country,Generally,this mast be the same treaty
cancellation of deb;, or contributions you made to an iRA under which you claimed exemption from tat as a nonresident alien
U.S person Use form w-9 only If you are a U S person(including a 2. The treaty article addressing the income
resident alien),to provide your correct TIN to the person requesting it 3. The article number(or location)in the tax treaty that contains the
(the requester)and,when applicable, to saving clause and its exceptions
i. ei ii
y if ie Tiiv y -vu are gi ving iS f inr uni i ara wupfmg fora a The tyoa and amount of income that qualifies for the exemption l. ^CfreC -.
number to be issued), from tax
2. Cerhfy you are not subject to backup withholding, or 5 Sufficient facts to justify the exemption from tax under the terms
3. Claim exemption from oacikup withholding If you are a U S of the treaty article
exempt payee �.a.:;r.'C.;.':.`.I�=n r'file 11 c C mn tnr7mo tay treat,,allows an
Note. If a requester gives you a form other than Form W-9 to request exemption from tax for scholarship income received by a Chinese
,your TIN, you must use the requester's form ff it is Substantially Similar student temporal dv present in the United States Under U S law,this
to this Form W-9 student will become a resident alien for tax pomoses if his or her stay in
Foreign person If you are a foreign person, use the appropriate Form the United States exceeds 5 calendar years However,paragraph 2 of
For (see Pub 51If you
are a foreign
of Tax person,
Nonresident Arens and he first Protocol to the U S-China treaty(dated April 30, 1984)allows
Foreign Eh Pub
5 the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States A Chinese
Nonresident alien who becomes a resident alien Generally,only a student who qualities for this exception(uncle-paragraph 2 of the first
nonresident alien individual may use the terms of a tax treaty to reduce protocol)and is relying on this exception to claim an exemption from
or ellrninate U S tax on certain types of income However,most tax tax on his or her scholarship or fellowship income would attach to Form
treaties contain a provision known as a"saving clause"Exceptions W-9 a statemon:that Includes the irformatiop described above to
specified in the saving clause may hermit or,exemption from tax to support that exemption
continue for certain types of income even after the recipient has if you are a nonresident alien or a foreign entity dot subject to
otherwise become a U S resident alien for tax purposes backup withholding,give the requester the appropriate completed form
W-8
s'.ibsbiuie Firm W-9(Rev 05-2003)
What is backup w,thholclmg2 Persons making certain payments to Exempt from backup withholding
you must under certain conditions withhold and pay to the IRS 30%of If you are exempt,enter our name as described above and check the
such payments(29%after December 31, 2003, 28%after December appropriate bo<for your status,then check tne'Exemp t from backup
31, 2005) Thie is called"backup withholding"Payments that may be
subject to bar:kup wuhno ding include interest,dividends,oroyef and wrthho ding"box In the tine following the busmes> name,sign and date
barter exchange tr;ractlons, rents,royalties, non-employee pay, and the form
certain payments hom fishing beat operators Rea:estate transactions Generally,Individuals(Including sole proprietors)are not exempt from
are not sublecl to backup withholding backup withholding Corporations are exempt from backup withholding
You will not be subject to backup withholding on payments you for certain pa,'Wents,such as interest and dividends
1 receive if you give the requester your correct TIN,make the propel Note if you are exempt from aackuo withholding,you shouid still
certifications, and report all your taxable interest and dividends on your complete this form to avoid possible erroneous backup withholding
tax return Exempt payees Backup withholding is not required on any payments
Payments you receive will be subject to backup withholding if made to the following payees
1. You do not furnish your TIN to the requester,or 1 An organization eyempt from tax under section 501(a), any IRA,
2. You do not certify your TIN when required(see the Part It or a custodial account under section 403(b)(7) if the account satisfies
instructions on page 3 for details),or the requuernen s of section 401(f)(2)
3. The IRS tells the requester that you furnished an incorrect TiN, 2- The United States of any of Its agencies or instrumentalities,
or 3 A state the District of Columbia,a possession of the United
4 The IRS tells you that you are subject to backup withholding Slates, or any of their political subdrvrsrons or instrumentalities
because you did not report all your Interest and dividends on your tax 4 A foreign government or any of its political subdivisions,
return(for reportable Interest and dividends only),or agencies,or instrumentalities,or
5 You do not certify to the requester that you are not subject to 5 An international organization or any of Its agencies or
backup withholding under 4 above(for reportable interest and instrumentalities
dividend accounts opened after 1983 only) Other payees that may be exempt from backup withholding include
i Certain payees and payments are exempt from backup withholding 6 A corporation,
See the instructions below and the separate instructions for the
Requester of Form W-9. 7 A foreign central bank of Issue,
8. A dealer in securities or commodities required to register in the
penailues United States,the District of Columbia,or a possession of the United
Failure to furnish TIN If you fail to fumish your correct TIN to a States,
requester,you are subject to a penalty of$50 for each such failure 9. A futures commission merchant registered with the Commodity
unless your`aitu•e is due to reasonable cause and not to willful neglect Futures Trading Commission,
I Civil penalty for false information with respect to withholding If 10 A real estate investment trust,
you make a false statement with no reasonable basis that results in no 11. An entity registered at all times during the tax year under the
backup withholding,you are subject to a$500 penalty Investment Company Act of IW,
Criminal penalty for falsifying information.Willfully falsifying 12. A common trust fund operated by a bank under section 584(a),
certifications or affirmations may subject you to criminal penalties
including fines and/or imprisonment 13. A financial nstitu6on
Ill of Titus Jf the requester utscroses or uses TINs in vlolabon of 14. A middleman known in the investment community as a nominee
Federal law, the requester may be subject to civil and criminal or custodian,or
penalties 15. A trust exempt from tax under section 664 or described in section
4947
Specific Instructions The cnart below shows types of payments that may be exempt from
Name backup withholding The chart applies to the exempt recipients listed
1 If you are an individual,you mast generally enter the name shown on above, 1 through 15
your social security card However,if you nave changed your last name, if the payment is for THEN trip payment rs exempt for .
for instance,due to marnage without informing the Social Security Interest and dividend patanents Ali exempt recipients except for 9
Administration of the name change,enter your first name,the last name
shown on your social security card,and your new last name Broker transactions Exempt recipients 1 through 13 Also,
'^«h;s+ --d then rnrio the name of a person registered under the
ri trip account r5 in 1uu it RaMeS,^,3t , .. Investment Advisers Act of 1940 who
the person or entity whose number you enter in Part I of the form reoulady acts as a oroKer
Sole proprietor.Enter your individual name as shown on your social Barter exchange transactions and Exempt recipients i through 5
security card or,the"Name' line 'you nay enter your business trade, patronage dividends
vi uvn iy r„s,r,Ess c., "::. ",, ^_ -.,"h^"a� �i^ass'game"line Pa.�nents over S60D regwred to be Generahv,exempt reciptem;b 1
Limited liability company(LLC) if you are a single-member LLC reported and direct sales over ao,uuu
(including a foreign LLC with a domestic owner)that is disregarded as
an entity separate from its owner under Treasury regulations section 'see Form log9-MISC Miscellaneous income,and its instructions
301 7701-3, enter the owner's name on the"Name"line Enter the `However the iolowmg payments made to a cwpormor;,nc'admg gross
LLC',,,name on the "business name"line proceeds paid ip an attorney under sephon 6045(n,even if the attorney is a
corporation)and reponable on Form 1095-MISC are not exempt from backup l
Other entities Enter your business name as shown on required mthholding medical a"d health carp navrnents attorneys'fees,and
Federal tax documents on the"Name"line This name should match the payments for services Dam by a Federal executive agenev
name shown on the charter or other legal document creating the entity
You may enter any business,trade,or DBA name on the"Business
name"line
Note, You are requested to check the appropriate box foryourstatus
(individual/sole propretor, corporation,etc)
Substitute Form W-9(Rev 05-2003) Page 2
Part I.Taxpayer Identification Number (TIN) 4. other payments You must give your correct TIN,but you do not
Enter your TIN in the appropriate box If yeti are a resident alien and have to sign the certlflranon unless you have been nafified that you
have previously glven an incorrect 7Iri "Other povmentc"include
you do not have and ale not eligible to get an SSN your TIN is your payments made ir,the course of the requester's trade o; oustness for
IRS individual taxpagei Identification number(!TIN) Enter it in the social ants, rovalhes goods(other than Dills for merchandise),medical and
in I„secur y number box it your do not nave an ITijv,see How to et a TIN
b�iOw } tn care sen.,Ices,frlClLCln9�;NMC01S(U i orDOraiiun,l,pav„1cr;W
to a non-employee for services,payments to certain fishing coat crew
If you are a sole proprietor and you have an EIN,you may enter members and fishermen, and gross proceeds paid to attorneys
either your SSN or EIN However,the IRS prefers that you use your pncluding payments to corporations)
SSIV
If you are a single-owner LLC that is disregarded as an entity 5 Mortgage interest paid by you,acquisition or abandonment of
separate from its owner(see Limited liability company(LLC)on page
secured property, cancellation of debt qualified tuition program
�, payments(under section 529„ IRA or A!cher,IMSh contributions or
2), enter your SSN for EIN,It you have one) iturre LLC ro 2 co porotit.,,, correct
partnership, etc, enter the entiry`s EIN dtstnGuttons, ann pensiuil uisii iuduor,s o.,mist give your.,_recr__t
TIN,but you do not have to sign the certification.
Note See the chars on this page for further clarification of name and
7fN combinations What Name and Number To Give the Requester
How to get a TIN If you do not have a TIN, arplv for one immediately For this type of account Give name and 5514 of
To apply for an SSN,get Form SS-5,Application for a Social Securty ndiwdual The individualCard, from your local Social Security Administration office or get this
form online at www.ssa govtonl netss5 html (on may also get this 2 Two or more mdwid;.afs pnint The acivai owne of the account
form by calling 1-800-772-1213 Use Form W 7 in
.Application for IRS account) if combined funds the first
in it
on the account '
Individual TaXpayer Identification Number,to apply for an iTiN of Form -
SS-4,Applicator,for Employer Identification Number, to apply for an s Custodian account of a minor The Minor
7 and SS-4 from the IRS b ca q ,Umtorm Gift o Minors Act)
EIN You can get Foirns VJ- y flip_ 1-800-
TAX-FORM (1-800-829-3676)or from the IRS Web Site at 4 a The usual revocable savings The grantor-trustee
www frs_Rov trust(grantor is also trustee)
you are asked to complete Form bV-9 but do not have a TIN write b So-called truss account that The actual owner'
If
Y s not a to or�al.d trust
"Applied For"in the space for the TIN,sign and date the form,and give under state law
,t to the requester For interest and dividend payments,and certain 5 Sole proprietorship or The owner'
payments made with respect to readily tradable instruments,generally single-owner LLC
ha cn d=ys t0-.of TIN an give it in fhp rani rPef9r ha-fore Gh'.name d Flw of
you vni,no✓e,w,.aye yt.,a d For flits type Gf aCCv'u:t _ a^__
you are subject to backup withholding on payments The 60-day rule yp
does not apply to oche,types of payments You will be subject to 6 Sole Proprietorship or The owner
backup withholding on all snort payments until you provide your TIN to single-owner LLC
the requester 7 A valid trust,estate,or pension Legal entity"
trust
Note AInting Applied For'means that you have already appiled fora 8 Corporate or LLC electing The corporation
rtN or that iron intend to apply for one soon corporate status on Form 8832
Caution-A disregarded domestic entity that has a foreign ownermust g Association,club,religious, The organization
rise the appropnate Form W-fJ charitable, educational,or other
tax-etemol organization
Part it Certification 10 Partnership or mull-member LL-C Thepartnership
To establish to the witnnoiding agent that you are a U S person,or 11 A broker or registered nominee The broker or nominee
resident alien,sign Form W-g You may be requested to sign by the 12 Account with the Department of The oubhc entity
withholding agent even if items 1,3,and 5 below indicate otherwise Agncueure in the name of a public
For a joint account,only the person whose TIN is shown in Part 1 entnv(such as a stale m local
should sign(when required) Exempt recipients,see Exempt from government,school district,or I
backup withholding on page 2 prison)that receives agncuftural
program patrnents
Signature requirements Complete the certification as indicated in 1 ,L t r cje the n n <person whose numberiron furnish If
through 5 below first crc c nam, o h_ s
only one person on a joint account has an SSN,that person's number must
1. Interest,dividend,and barter exchange accounts opened oe turnished
before 1984 and broker accounts considered active during 1983 'Circle the minor's name and furnish the minor's SSN
You must give your correct TIN,but you do not have to sign the 'You must show your individual name,but you may also enter your
certification business o-"DBA`name You may use order your SSN or your ON(f you
have one)
2. Interest,dividend,broker,and barter exchange accounts "List first and circle the name of the)ego$trust,estate,or pension trust (Do
opened after 1933 and broker accounts considered inactive not lum sh the TIN of the personal representative or trustee unless the legal
Cturing 1983 Yon must stun the Cariifivation of backup s7tf.hddng",III entry iiGejf i,not destgnafed in the accotlni blie)
apply if vUu die suU)Cu w oaGnuN .ou,i,G w,Gy m,d yt.J G'tC',. "Ei, ivCtw am rain,-bcfo,f fhe
providing your correct TIN to the requester,you must cross out item 2 number writ be considered to be that of the first name listed
in the certification before signing Ine form
3 Real estate transactions You must sign the certification You
may cross out item 2 of the certification
Privacy Act Notice
Section e t o9 of the Internai Reuenue Code requires you to provide your correct TIN to persons who must file mformatron returns with the IRS to report interest
dividends and certain other income paid to you,mortgage interest you paid,the acquisition or abandonment of secured property,cancellation of debt,or contributions
you made to or IRA or Archer VISA The IRS uses the numbers for identification purpose,and tq help venfv the accuracy of your tax return The IRS may also provide
this information to the Department of Justice for civil and criminal Ituccalion,and to cities,states,and Ihp Distncl of Columbia to carry our their tax laws We may also
disclose this information to othercountnes under a tax treaty or to other Federal and sate agencies to enforce Federal nontax animal taws and to combat terronsm
You must provide your TIN whether or not you are required to file a tax return Pavers must generally wnnnwo 30%of taxable Interest dividend and cert ,, other
payments to a payee who does not give a TIN to a payer Certain penalties may also apply
Suostitute Form W9 (Rev 05-2003) Page 3
t
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
PROJECT DESCRIPTION CONTRACT NUMBER
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE[TE=RIO OF OFFICE
ka
.ixU' �3� kw � �' ��� r �.b"hln� ke>';a.
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE —'
r�:M'"R+-a,4�5�=.�;?;�*,��";'e'v_-`"�"i,:�_iza;Pd'°M""'"Yk":i,�sti Y^5.err.`�n...�;,r,..i,"S�.%*'8'.'2,351ri."�tva{�A�*`�.dl•'y�„i,:."Ya fiib-+wL�''�«,�.d;�L,� �:'l,..i' '^G- T: ?t""=`w '--r., �r,_r-.....,,� r^
RS=:..9 ,=�i._,..,.cp.,;k g�.,'eK. � �: rinY)"'� �':�xi',lvrr+rn��y..,6s-xt!tiefM-v,e -i -'eeF'a�`,-1=��w-.x�-" •aKmr
3. AUTHORIZED T 0 SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT UH TYPE rgAME I TITLE li
I
i
�1NAC-1',VOL1\H0ME\KARENB\ \WP\SIGNAUTH Revised 5f00
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on ile The payment can be delayed if the request is
presented without the proper signature. It is impo Cant that the signatures in MD's flies
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the persons) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority
2. Authorized to Sign ContractsIC-ontract Gmandmentc, Thn nArcnn(c) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority,
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
Kent City Council Meeting
Date June 6, 2006
Category Consent Calendar
1. SUBJECT: KENT DIVERSITY ADVISORY BOARD APPOINTMENT—
CONFIRM
2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Mr Asad
Hassan to serve as a member of the Kent Diversity Advisory Board Mr Hassan is a
board member and case worker with the Somali community of South King County and
assists clients in finding employment through the Jewish Family Services Multi-ethnic
Service Center in Kent Before his current work, he was employed as store manager at
Citigrocery, Inc. in Tukwila.
He attended the University of Washington Business School where he received a
Certificate in Business and Economic Development. From 1987-1991 he attended
Somali National University where he received his B.S in Science and Public
Administration.
Mr. Hassan will replace Ray Coleman, whose term expired. His new appointment will
continue until 91130/08.
3. EXHIBITS: Memorandum
4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure9 N/A Revenue? N/A
Currently in the Budget? Yes No
If no•
I Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6Y
OFFICE OF THE MAYOR
Jim White, Mayor
Phone 253-856-5700
Fax 253-856-6700
Address. 220 Fourth Avenue S
NS:!5:K E N T Kent,WA 98032-5895
WA9NINOTON
MEMORANDUM
i TO: DR. DEBORAH RANNIGER, COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: SUZETTE COOKE, MAYOR
DATE: MAY 31, 2006
RE: APPOINTMENT TO DIVERSITY ADVISORY BOARD
' I have appointed Mr. Asad Hassan to serve as a member of the Kent Diversity Advisory Board.
Mr. Hassan is a board member and case worker with the Somali community of South King
County and assists clients in finding employment through the Jewish Family Services Multi-
ethnic Service Center in Kent. Before lus current work, he was employed as Store Manager at
Citigrocery, Inc. in Tukwila.
He attended the University of Washington Business School where he received a Certificate in
Business and Economic Development. From 1987 — 1991 he attended Somali National
University where he received his B.S. in Science and Public Administration,
Mr. Hassan will replace Ray Coleman whose term expired. His new appointment will continue
until9/30/08.
I submit this for your confirmation.
jb
j
1
1
r
Kent City Council Meeting
Date June 6, 2006
Category Other Business
1. SUBJECT: NEIGHBORHOOD PROGRAMS MANAGER POSITION —
AUTHORIZE
2 SUMMARY STATEMENT: In the 2006 budget, funds were appropriated to develop a
neighborhood program, as well as to design and construct two neighborhood enhancement
projects In late 2005. Planning Department staff applied for and received a grant from the
Washington State Community and Economic Development Department to study and imple-
ment a neighborhood program In February 2006, the Kent City Council adopted its new
Strategic Goals and Targets One of the main targets of the Strategic Plan emphasizes various
actions relating to the enhancement of City services to Kent neighborhoods One specific
target in the plan is the implementation of a neighborhood program.
Mayor Cooke and Administrative staff have determined that to best achieve the goals and
targets relating to neighborhoods, the City needs to dedicate a regular full-time position This
position would research successful model neighborhood programs Using this information,
this position would work with the community and City departments to create and implement a
neighborhood program that matches the goals and targets as outlined in the Council Strategic
I Plan Sufficient funds exist in this year's neighborhood program budget to cover the cost of
this position without any additional cost to the general fund Mayor Cooke is recommending
the authorization of the regular full-time Neighborhoods Program Manager position.
3 EXHIBITS: Draft plan
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure? X Revenue? N/A
Currently in the Budget? Yes _ No X
If no•
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember ( _L. seconds
to authorize the creation of a regular full-time Neighborhood Programs Manager
position for the City of Kent.
DISCUSSION:
ACTION:
Council Agenda
Item No 7A
1 Draft Plan for the Establishment of the
City of Kent Neighborhoods Program .Tune 2006
Goal
To enhance the sense of community for all Kent residents, and to provide a mechanism in which
diverse demographics, cultures, ethnicitles, ages and interests will be represented The provision of
two-way communication between city government and Kent residents will help identify and solve
key issues such as traffic, sidewalks, neighborhood blight, public transportation, street lamps,
neighborhood safety, etc.
Situational Analysis
Part of the City of Kent's Economic Development Strategic Plan is a focus on neighborhood
livability At the 2006 City Council Strategic Planning Retreat, the Council determined that an
emphasis on developing strong neighborhoods should be elevated to a city-wide strategic goal This
policy reflects a strengthened commitment to neighborhood involvement and broadened
communications between neighborhoods and the city.
The city has an opportunity to encourage neighborhood residents, groups and organizations to
propose a broad array of neighborhood-initiated and community-oriented improvements In other
cities that support and fund such programs, organizing and planning projects have encouraged
connections between neighbors, fostered civic involvement, increased neighborhood safety and
community identification.
A city's livability is greatly determined by the quality and character of its neighborhoods The city
has an opportunity, through redevelopment of key parcels, to create interesting new commercial and
residential development in neighborhoods throughout the city By encouraging quality development
of key neighborhoods commercial and residential areas, the city can help to sponsor vibrant
neighborhood centers that will serve as the focus for the neighborhood services, parks and civic
facilities essential for a high quality of life
Influential in development of the Kent Neighborhoods Program will be the Mayor's Advisory Team
and, as is common in other cities, the city's Diversity Advisory Board.
Strategies
The Kent Neighborhoods Program would work to bring government closer to the residents of Kent
by engaging them in civic participation, empowering them to make positive contributions to their
neighborhood; and involving more of Kent's underrepresented residents, including communities of
color and immigrants, in civic discourse, processes, and opportunities
a. Create a Neighborhood Councils Program
In order to foster communication between Kent residents and all facets of city government,
neighborhood councils could be formed and recognized by the City Council.
Neighborhoods wishing to form recognized councils would receive assistance in the process
from the Neighborhoods Program Manager.
DRAFT '
Establishment of the City of Kent Neighborhoods Program
A recognized neighborhood council typically ,
i. Reviews and recommends an action or plan to the Neighborhoods Program
Manager, the City Council, the Mayor, or a city agency on a matter affecting that
neighborhood
ii. Assists city agencies in determining priority needs for that neighborhood
in. Makes recommendations relating to budget items for neighborhood improvements ,
A typical neighborhood council maintains the following:
iv clear geographic boundaries
v. established by-laws that ensure democratic deliberative discussions and voting
procedures
vi periodic meetings ,
vn members who reside, own property, or operate a business within the recognized
boundaries
b. Create a Community Assembly ,
Community Assemblies are a coalition of independent neighborhood councils and serve as a
forum for discussion of issues of broad interest. Individual neighborhood councils select one
representative and an alternate to serve on the community assembly These individuals are
expected to represent the interests of their respective neighborhood councils and meet
periodically with the Neighborhoods Program Manager, City Council members and Mayor.
Responsibilities of the Community Assembly typically include the following
i. Review and recommend plans of action to the City Council or the Mayor on
issues affecting the city
u. Support and promote citizen participation and neighborhood enhancement
in. Promote and facilitate open communication between the city and neighborhood
councils and among neighborhood councils ,
iv Serve as an information resource to neighborhood councils
c. The Neighborhood Matching Fund ,
Initiate a neighborhood-sponsored matching grant pilot program to create community
improvement projects and to foster neighborhood identity and connections.
The Neighborhood Matching Fund would provide money to Kent neighborhood groups
and organizations for a broad array of neighborhood-initiated improvements. A
neighborhood group could be established just to undertake a project—the group wouldn't
have to be "incorporated."
Once a project is approved, the community contribution of volunteer labor, materials,
professional services, or cash will be "matched"by cash from the Neighborhood
Matching Fund These funds would be limited so it would be a competitive program.
Applications could be considered during specific funding cycles and the highest rated
applications would be rewarded funds.
Page 2 of 3
DRAFT
Establishment of the City of Kent Neighborhoods Program
Responsibilities of the Neighborhoods Program Manager
• Collaborate with the Mayor's Advisory Team in the planning and implementation of
neighborhood and community outreach programs Work closely with neighborhoods and
1 citizen leaders to develop bonds of trust, ongoing communication, and working relationships
with the City.
• Provide guidance, assistance and training for neighborhood leaders in forming new
neighborhood councils
' • Staff the Community Assembly.
• Communicate and advise city staff, Council and :Mayor regarding neighborhood issues.
• Solicit neighborhood input on projects or improvements, and administer the Neighborhood
Matching Fund
• Prepare and deliver presentations to neighborhood, community and decision-making groups.
Coordinate some presentations to include other residential city services, such as
Neighborhood Block Watch, life safety classes. and parks/recreation/community services.
• Address government-related concerns from residents and neighborhood councils Work with
neighborhoods to identify and address city and neighborhood issues that affect city
departments.
' • Work with the city's Communications and Marketing Manager to enhance the city's
communication and rapport with residents and neighborhoods
• Work with city staff to create and maintain a Kent Neighborhoods website
1 Page 3 of 3
Kent City Council Meeting
Date June 6, 2006
Category Bids
1. SUBJECT: MUNICIPAL PARKING LOT DEMOLITION
' 2. SUMMARY STATEMENT: The bid opening was held on May 24, 2006, with
nine (9) bids received The apparent low bid was submitted by RL Clearing and
Excavation, Inc for the amount of$37,975 83, excluding Washington State Sales Tax
(WSST). The Engineer's estimate is $60,000, excluding WSST
G� The Parks Director recommends entering into an agreement with RL Clearing and
O Excavating, Inc.
' 3. EXHIBITS: Bid tab
4. RECOMMENDED BY: Parks Director
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure'? X Revenue9 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 �PI-0-�►v%- seconds
to authorize the Mayor to enter into an agreement with RL Clearing and Excavating,
Inc. to complete the Municipal Parking Lot Demolition Project for $37,975 93, plus
Washington State Sales Tax.
DISCUSSION:
ACTION:
IM
Council Agenda
Item No 8A
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1
•
1 KENT
WASHINOTON
BID TABULATION FORM
KENT PARKS, RECREATION & COMMUNITY SERVICES
CITY OF KENT, WASHINGTON
1 PROJECT: PR 06 04 NAME: Municipal Parking Lot Demolition (future Town Square Plaza)
DATE: May 24, 2006 DUE: 10:00 a.m. OPENED: 10:15 a.m.
Bidder: Total Lump Sum Bid:
in dollars
1. RL Clearing & Excavating, Inc. $37,975.83
Federal Way, WA
2. Rivers Edge Services, Inc. $38,000.00
1 Kent WA
3. J. Harper Contractor's Inc. $53,000.00
Maple Valley, WA
4. Archer Construction Inc. $55,387.00
Kent, WA
5.DMSL Construction Inc. $57,700.71
1 Arlington, WA
6.TF Sahli Construction $64,880.00
Burien WA
1 7.McCann Construction enterprises, Inc. $69,384.00
Renton WA
8. 3 Kings Environmental $70,925.00
1 Battle Ground WA
9. ICON Materials $76,772.00
Tukwila WA
1 ESTIMATE: $60,000.00
1 Nine bids were received and opened. Staff will review the apparent low bid, verify references, and
make a recommendation to Kent City Council to award the low bid to RL Clearing & Excavation, Inc. for
$37,975.83. The low bid will be awarded by City Council on Tuesday, June 6, 2006. Questions may be
directed to Perry Brooks, project manager, at (253) 856-5114 or pbrooks@ci kent.wa.us.
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Kent City Council Meeting
Date June 6, 2006
Category B ids
1. SUBJECT: MILL CREEK CULVERT REPLACEMENT
2. SUMMARY STATEMENT: The bid opening for this project was held on May 25,
2006, with six bids received The low bid was submitted by Taggart Construction, Inc.
in the amount of$290,893.12. The Engineer's estimate was $303,236 48
1 3. EXHIBITS: Public Works Director's memorandum
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount S
' Unbudgeted Revenue: Fund Amount S
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember "'"`''`eeonds
to authorize the Mayor to enter into an agreement with Taggert Construction, Inc. for
the Mill Creek Culvert Replacement at Chandler's Bay Apartments in the amount of
$290,893 12.
DISCUSSION
ACTION:
Council Agenda
Item No. 8B
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
K E N T Phone 253-856-5500
wAsHiNGTON Fax 253-856-6500
Address 220 Fourth Avenue S
Kent, WA 98032-5895
Date: May 30, 2006
To: Mayor Cooke and Kent City Council
From: Larry R. Blanchard, Public Works Director
RE: Mill Creek Culvert Replacement @ Chandler's Bay Apartments
Bid opening for this project was held on May 25, 2006 with six bids received. The
low bid was submitted by Taggart Construction, Inc. in the amount of$290,893.12.
The Engineer's estimate was $303,236.48. The Public Works Director
recommends awarding this contract to Taggart Construction, Inc.
Bid Summary
Taggart Construction, Inc. $290,893.12
Pivetta Brothers Construction, Inc. $314,158.64
Tri-State Construction, Inc. $330,169.92
DPK, Inc. $355,947.90
Vetch Construction LLC $373,885.76
Road Construction NW, Inc. $5291573.12
Engineer's Estimate $303,236 48
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REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
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B. MAYOR
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C. OPERATIONS COMMITTEE
D. PUBLIC SAFETY COMMITTEE — I S rv\
E. PUBLIC WORKS ( —(mil @ 5 rim
W/Aq l,-","f �on F.
F. PLA/NNTING AND ECONOMIC DEVELOPMENT COMMITTEE 4 �
G. PARKS AND HUMAN SERVICES COMMITTEE
H. ADMINISTRATIVE REPORTS d,A CAD
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REPORTS FROM SPECIAL COMMITTEES
���`� KENT Parks and Human Services Committee Minutes
.o.o. April 20, 2006
Council committee members present: Chair Deborah Ranniger, Ron Harmon,
Bob O'Brien
The Kent City Council Parks and Human Services Committee meeting was called to
order by Chair Deborah Ranniger at 4:00 p.m.
Added Item: Bob O'Brien requested follow up to Senior Center Deli advertising.
1. Aunroval of Minutes
Ron Harmon moved to approve the Parks and Human Services Committee
meeting minutes of March 16, 2006. Bob O'Brien seconded and the motion
passed 3-0.
2. Amendment to the Community Block Grant Annual Action Plan -
Apnrove
Housing and Human Services Manager Katherin Johnson explained that
Council action is required to approve any amendment to reallocate funding.
Copies of the plan were available at the Housing and Human Services
Department and available for reviewing on the City of Kent website. A Public
Notice regarding the Amendment was published on March 17, 2006 and
posted in public buildings, asking for public comment for the required 30
days. A public hearing was held on April 13, 2006 and it was originally passed
at Council in 2005.
This request for approval is the third amendment to the Action Plan. Every
year staff estimates the amount of Community Development Block Grant
funding that will be granted for human services programs. Funds originally
allocated to HomeSight's First Homes Program through the 2005 CDBG
Annual Action Plan and its allocation to administer the CDBG program were
not used, which led to approximately $140,000.00 in recaptured funds.
IPursuant to HUD regulations, the City of Kent proposes to amend the 2005
CDBG Annual Action Plan to reallocate recaptured funds to four programs to
the following four programs:
$80,000 awarded to The Alliance Center for human services assistance in a
central location. This program is called the One-Stop Human Service Center,
with offices located at 515 Harrison Street. Several human service agencies
are located in one place, making it easier for low income citizens to receive
I services. Agencies include the Food Bank, Multi Service Center, WWEE, NAMI
and Washington CASH.
Parks and Human Services Meeting April 20, 2006
1 Page 1
Approximately $35,000 is identified for the Kent Home Repair Program. This
program started 30 years ago and is set up to handle minor home repairs to
low income individuals. It mostly caters to seniors and the disabled. Katherin
shared the story of a severely disabled senior in Kent who now can get to the
Access bus thanks to a ramp built by Home Repair and funded by this
program.
The Green River Community College, Micro-Enterprise Development
Initiative, with $15,000.00, enables low income immigrant refugees and
women owned businesses, the opportunity to work with professionals to
enhance the development of their small businesses. Katherin shared a small
business success story. A woman who designs scarves in Kent and was
discovered in New York by a designer. She now runs a prosperous business
from the help of the Micro-Enterprise Development program with sales in
New York City. Debbie Ranniger complimented the program on the j
tremendous support and education for low income business owners.
Washington CASH, with $10,000.00 in funding A program designed for
business training and loan funds to low-income women, disabled and other
under serviced individuals, mostly immigrants and refugees. The success of
this program is proven by the 16 participants who started with the program
and are still attending.
Bob O'Brien suggested connecting these two enterprises with the city's
Economic Development Director, Nathan Torgelson.
Bob O'Brien moved to approve the proposed third amendment to the 2005
Community Development Block Grant Annual Action Plan, including funding
allocations. Ron Harmon seconded. The motion passed 3-0.
3. King Conservation District Grant for Glenn Nelson Park - Accent and t
Amend Budget
Superintendent of Parks and Open Space Lori Flemm stated that the King
Conservation District Reimbursable Grant funds were used to contract with
Sound Urban Forestry, a consultant hired to evaluate the Glenn Nelson Park
urban forest and prepare a report with recommendations to remove and
replace trees.
Ron Harmon moved to accept the King Conservation District Number 9 Grant
of $5,320.00 to fund the Glenn Nelson Park Urban Forestry, and approved
the expenditure of funds in the Urban Forestry budget. Bob O'Brien
seconded. The motion passed 3-0.
Parks and Human Services Meeting April 20, 2006
Page 2
4. King Conservation District Grant for Clark Inlet - Accept and Amend
Budget
Lori Flemm announced that the King Conservation District Reimbursable
Grant received in 2006 was used to purchase native trees and shrubs for
Clark Lake Park. Lori explained that there are 158 conservation districts
throughout the state funded by taxes. Staff and volunteers participated in
Re Leaf, a volunteer event planting native trees and shrubs along the stream
1 at Clark Lake inlet at the Wandering Creek Apartment Complex Lon
explained that the two Conservation District grants cannot be combined
because they both do not involve the use of native plants.
Bob O'Brien moved to accept the King Conservation District Number 9 Grant
of $8,581.61 to fund the Clark Lake Inlet Project, and approve the
expenditure of funds in the Native Plant budget. Ron Harmon seconded. The
motion passed 3-0.
S. Town Square Plaza Master Plan - AcceDt
Lori Flemm reported that Park Planner Perry Brooks and Portico, Inc. have
been working since 2005 to develop and finalize the master plan for Town
Square Plaza, a community-based, urban plaza adjacent to Project
Springboard and across the street from Kent Station.
Perry explained design details by using the master plan model. Concentric
circles create a theme throughout the park by symbolizing raindrops and the
ripple effect. One feature is a 5 foot diameter granite ball donated by the
1 Rotary Club that floats on a bed of water. It is 10,000 lbs. surrounded at its
base by spray heads that can be coordinated with music and lights, creating
interactive visual entertainment. A portable movie screen will be available for
1 outdoor movies. The space will accommodate a tent to protect outdoor
performances, the ice arena and carousel.
Ron Harmon thanked Debbie Ranniger and city staff for the great support
and direction of the park design. Perry Brooks added that the circular design
elements carry over from the designs at the intersection of 2nd and Meeker
and will follow throughout the new Town Square Plaza. The project should be
out to bid in July, with construction in August and completed by May 2007.
Ron Harmon moved to accept the master plan design from Portico, Inc. for
Town Square Plaza. Bob O'Brien seconded. The motion passed 3-0.
6. First Quarter Development Fees - Accept and Amend Budget
Lori Flemm informed the committee that between January and March 2006,
the city received a total of $8,550.00 from one developer who voluntarily
paid fees, in lieu of dedicating park land to mitigate the development of
single family homes in one subdivision. Rykles and Sharp LLC paid $8,550.00
for Blakely Place Turnkey Park.
1 Parks and Human Services Meeting April 20, 2006
' Page 3
Bob O'Brien moved to accept development fees from Rykles ands Sharp LLC
in the amount of $8,550.00 and authorize the expenditure of funds in the
Turnkey Park budget. Ron Harmon seconded. The motion passed 3-0.
Added Items
1. Bob O'brien voiced his concern with flyers he thought were distributed to i
advertise the deli at the Senior Center. As stated at last month's meeting, he j
feels the city should not be in competition with restaurants in the area.
Interim Director Lori Hogan assured Mr. O'Brien and the committee that the
flyers are advertising the low-income lunch program at the Senior Center and
not the Deli.
2. John Hodgson informed the committee of the attached quarterly report which
is an summary of each division's projects, programs, and events taking place
from January to March. John also shared that the new meeting roams
currently under construction at the Senior Center will be available by May 21.
The meeting adjourned at 4:50 p.m.
Teri Petrole, Recorder
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Parks and Human Services Meeting April 20, 2006
Page 4
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
MARCH 20, 2006
Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Watson
The meeting was called to order by Chair Harmon at 4:00 p.m.
Approval of Minutes
Member Clark Moved and Member Watson Seconded a motion to approve the minutes of
February 27, 2006. Motion Passed 3-0.
Community Development Director Fred Satterstrom described the process for considering the
Iproposed comprehensive plan amendments.
#CPA-2005-2(B-C)/#CPZ-2005-(2-3) Annual Comp Plan and Zoning Map Amendments
Long Range Planner William Osborne stated that of the three amendment submittals, the
Bohannon amendment was withdrawn by the applicant. He stated that the subject property was
affected by the Urban Density Study which changed the land use and zoning designations to SF-6,
exceeding the proposal for this particular amendment.
#CPA-2005-2(B)/#CPZ-2005-2 Millennium-Kanglev Building II
Mr. Osborne stated that the subject site is located at 26046 1161h Avenue SE near the intersection
of Kent-Kangley and 116" consisting of .06 acres in size. He stated that the existing
comprehensive plan and zoning designation is SF-6 with a proposed comprehensive plan
designation of Mixed Use (MU) and a zoning designation of Office/Mixed-Use (0-MU). Mr. Osborne
described existing zoning uses for the areas surrounding the subject property.
1 Mr. Osborne identified staff's issues of concern for the subject site and explained the Public Works
Department has planned 116th Avenue Southeast street improvements. He stated that the Land
Use and Planning Board recommended approval for the amendment proposal.
I #CPA-2005-2(C)/#CPZ-2005-3 Safeguard Self-Storage Phase IV
Mr. Osborne stated that the subject site (a mobile home park) is located at 509 Washington
Avenue between James and Meeker consisting of approximately .5 acres with existing
comprehensive plan and zoning district map designations of Mobile Home Park with a proposed
comprehensive plan designation of Mixed-Use (MU) and a zoning designation of General
Commercial (GC). Mr. Osborne described existing zoning uses for the areas surrounding the
subject property and identified staff's issues of concern for the subject site. He stated that most of
the issues would be addressed as part of a site specific proposal review. He stated that the Land
Use and Planning Board recommended approval for the amendment proposal.
Mr. Osborne addressed the concerns of Members Clark and Harmon with respect to traffic issues,
primarily focusing on vehicular access to the Millennium-Kangley subject site along 116th Avenue
Southeast. Assistant City Attorney Kim Adams Pratt stated that the City's Development
Regulations would address the access issues and likely restrict access for the subject site to right-
in and right-out.
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#CPA-2005-(4-7)/CPZ-2005-4 Annual Docketing Comprehensive Plan and Zoninci Text
and Map Amendments Planner Gloria Gould-Wessen stated that these amendment requests are
part of the Annual Docket Report submitted by outside agencies and City Staff. Ms. Gould-Wessen
explained the rationale for each of the proposals.
Ms. Gould-Wessen responded to concerns raised by Member Clark related to #CPA-2005-7/CPZ- ,
2005-4 with respect to drainage, traffic and zoning Issues connected to the split zoning parcel.
Fire Marshall Division Chief Jon Napier responded to concerns raised by Member Clark with respect
to Fire and Life Safety Services Facilities Inventory, accommodating Levels of Service for potential
housing growth specifically if the Panther Lake area is annexed.
Member Clark asked that staff provide a data report that tracks population growth trends in terms ,
of housing in the Panther Lake Potential Annexation area.
Mr. Napier addressed a request by Member Harmon to elaborate on standards related to i
commercial and high risk structural fires.
Steve Mullen Transportation Engineering Manager addressed the Committee's concerns with
development standards for access to and from the Millennium-Kangley subject site along 116th
Avenue Southeast.
Member Clark Moved to approve the 2005 Comprehensive Plan and Zoning Map Amendments
#CPA-2005-2(B-C)/CPZ-2005-(2-3) amending #CPA-2005-2(B)/CPZ-2005-3 with the condition that
access to the subject site will be restricted to right-in and right-out only; and to approve the
Docketing Comprehensive Plan & Zoning Text and Map Amendments CPA-2005-(4-7)/CPZ-2005-4
as recommended by the Land Use and Planning Board. Member Watson Seconded the Motion.
Motion Passed 3-0.
Growth Management Services Grant Award for Neighborhood Planning
Planner Gloria Gould-Wessen presented a Community Trade and Economic Development Grant
awarded to the City on March 8. She stated that this grant is intended to be used to assist with
the neighborhood planning process through focus groups, made up of council and citizens in the
community, as well as funding the hiring of professionals to facilitate this process.
Member Watson Moved to accept the $35,000 Growth Management Services Grant for
Neighborhood Planning, amend the City's budget, and authorize the Mayor to sign the contract
with the Washington State Department of Community Trade and Economic Development.
Member Clark Seconded the Motion. Motion Passed 3-0.
Adiournment
Chair Harmon adjourned the meeting at 5:15 p.m.
Pamela Mottram,
Admin Secretary, Planning Services
S I PermrtlP/an I Planning CommrltLel2006lMinutes1032006PEDCmm doc
PEDC-Minutes
March 20, 2006
Page 2 of 2
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
April 20, 2006
COMMITTEE MEMBERS: Ron Hannon, Bob O'Brien, and Les Thomas,Chair
• The meeting v,as called to order by Chan Les Thomas at 5 04 PM
1 1. Approval of Minutes
Bob O'Brien moved to approve the minutes of the March 16,2006 meeting.
The motion was seconded by Ron Harmon and passed 3-0.
2. Washington Traffic Safety Commission "Click It or Ticket" grant — AUTHORIZE
Lorna Rufener, Police Captaui, explained the proposed use of the grant Binds_
Ron Harmon moved to authorize the Kent Police Department to apply for the Washington
Traffic Safety Commission (WTSC) grant in like amount of$6,000.
The motion was seconded by Bob O'Brien and passed 3-0.
3. RUaD—Division of Alcohol and Substance Abuse Contract Amendment—ACCEPT and
AMEND BUDGET
Captain Rufener rcv iew°ed the purpose of the additional gtattt funds
Bob O'Brien moved to recommend that Council accept the Reduce Underage Drinking
Contract Amendment for additional funds from DSHS/Division of Alcohol and Substance
Abuse, place this on the Consent Calendar for the Nlav 2, 2006 Council Meeting and amend
the budget.
The motion was seconded by Ron Harmon and passed 3-0.
4. United Wav of King County"SOAR" mini-grant—ACCEPT
Captain Rufener reviewed the pioposed use of the giant finds
Ron Harmon moved to recommend that Council accept the mini-grant from United Wav of
King Countv and place this on the Consent Calendar for the May 2,2006 Council Meeting.
The motion was seconded by Bob O'Brien and passed 3-0.
S. Washington Traffic Safetv Commission youth traffic safcty mini-grant— ACCEPT
Captaui Rufenei reviewed the pioposed use of the giant funds
Bob O'Brien moved to recommend that Council accept the mini-grant from Washington
Traffic Safety Commission in the amount of$799 and place this on the Consent Calendar
for the Ala) 2, 200o Council Meeting.
The motion was seconded by Ron Harmon and passed 3-0.
6. Washington State Safety Restraint Coalition :rant—ACCEPT
Captain Rufener reviewed the proposed use of the giant funds
Ron Harmon moved to recommend that Conned accept the mini-grant from Washington
State Safety Restraint Coalition in the amount of$800 and place this on the Consent
Calendar for the May2,2006 Council Dleeting.
The motion was seconded by Bob O'Brien and passed 3-0.
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7. Washington Traffic Safetv Commission mini-grant—ACCEPT
Captain Rufener reviewed the proper,ed use of the giant funds.
Bob O'Brien moved to recommend that Council accept the mini-grant from Washington
Traffic Safety Commission in the amount of$799 and place this on the Consent Calendar
for the.tune 6, 2006 Council Meeting.
The motion was seconded by Ron Harmon and passed 3-0.
8. Pandemic Flu Preparation Update—INFO ONLS
Brian Felcheck, Kent Fue EMD, gave an update on Pandenuc Flu/COOP Planning using a
PowerPoint pi esentation The Continuity of Operations (COOP) Planning for the City ism the
development stage at every depaitment level
9. Ordinance Prohibiting Aerial Fireworks in Kent—ADOPT
Mayor Suzette Cooke stated that fireworks was a topic raised by residents during her campaign
and she i tit ttated this ordinance to ban act ial fireworks Deputy City Attorney Pat Fitzpahrck then
explained the specifics of the proposed oidmauce and answered questions Jon Napier, Fue
Marshatl, presented two firework identification and information sheets which demonstrated
which fireworks would he consideted illegal to Kent if the proposed oidmauce passes A city-
wide education piogram would begin to prepare citizens foi the July 2007 activities if the
ordinance is passed Police Captain Tull Miller was asked if any citations weic issued last year
and he stated that althou-h he didn't have the statistics on hand,lie believed that more warnings
were issued that in the past as part of[lie enforcement process He also stated the proposed
ordinance piohrbitmg aerial fit eworks would assist police officers, as well as parents, tit
reco-nzin-which fireworks xvere considered legal and illegal n► Kent
John Hodgson suggested that the proposed ordinance be placed on "Other Business", rather than
the Consent Calendar even if the Committee passes the ordinance unanimously Mayor Cooke
stated that passing the ordinance out of Committee and placing it on`Other Business" Gives
opportunity for public comment and that individuals on both sides of the issue could be notified.
She also explained that the ordinance needs to be passed by Council in lone tit oidet to be in
effect on July 4,2007
Ron Harmon moved to recommend the City Council adopt the proposed ordinance that
defines the term "consumer firenork" and prohibits aerial consumer fireworks within
Kent, subject to the ordinance's final review and amendment by the City Attorney.
The motion was seconded by Bob O'Brien and passed 3-0.
Ron Harmon amended the motion so that it could be heard at the second City Council
meeting in May under"Other Business".
The amended motion was seconded by Bob O'Brien and it passed 3-0.
The meeting adjourned at 6:10 PM.
To Thonipson
Public Safety Committee Secretary
Public Safety Committee Minutes �
Alm ii 20,2006
PUBLIC WORKS COMMITTEE MINUTES
May 1, 2006
COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member
Ron Harmon and Tun Clark were present The meeting �N as called to order at 5 03 p.nn
Approval of Minutes Dated April 17,2006
Committee Member Clark mop ed to approve the minutes of April 17, 2006. The motion was
seconded by Hannon and passed 3-U.
Affidavit of Correction for Flower Court Final Plat
Mike Gillespie, Development Manager, noted that an error was found in the recorded Final Plat Map
for Flower Court. The recorded plat map indicated in several locations, Public Drainage Easements
that were supposed to be Private Drainage Easements. The Plats location is at the SE corner of 102nd
Avene3ue SE & SE 236d' Street.
Harmon moved to recommend C ouncil to accept the Affidavit of Corrections tot he Flower
Court Final Plat Map. The motion was seconded by Clark and passed 3-0.
Extension of the Watershed Basins within Watershed Resource Iuventory Area (WRIA) 8.
Mike Mactutis, Environmental Engmeeimg Manager, briefly went over the background of bow WRIA
8 came into existence Mactutis noted that 27 local governments in WRIA 8, including Kent signed an
Interlocal Agreement (ILA) in 2001 to jointly fund the development of a conservation plan to protect
and restore salmon habitat. The initial agreement was for five years. In order to continue in this effort,
an extension of the ILA for one additional project year is requested. Clark took a moment to educate
the audience on how WRIA 8 works.
Clark moved to recommend City Council authorize the Mayor to sign an extension to the
Interlocal Agreement for the Watershed Basins within Watershed Resource Inventory Area
(WRIA) S. The motion was seconded by Harmon and passed 3-0.
Lease Agreement with Plemmons Industries for Traffic Signal Maintenance Facility
Steve Mullen, Transportation Engineering Manager, went ovei the background histoiy of the Traffic
Signal and Streetlight Maintenance shop, where it was previously located, and why they have to
relocate to a new interim facility,pending design and construction of the Kent East Hill Operations
Facility. A lease agreement was negotiated with Plemmons Industries for a suitable facility at 1621
South Central Avenue.
Harmon moved to authorize the Mayor to execute a Lease Agreement with Plemmons
Industries, for a period of 3 years and 10 days, to lease warehouse space to be used as the Traffic
Signal Maintenance Facility per the attached Lease Agreement subject to revision as may be
agreed by the City Attorney and Pubic Works Director. The motion was seconded by Clark
and passed 3-0.
Page I of
PtPubhclAdmmSupponlPWComnatatMmutes dec
PUBLIC WORKS COMMITTEE MINUTES
May 1, 2006
1 Presentation —Traffic Signage, Marking, Speed Limit and Parking Modifications
Steve Mullen, Transportation Engineering Manager, gave an informational PowerPoint presentation
describing the key points of Traffic Signage, Marking, Speed Limit and Packing Modifications. A
short discussion followed.
Presentation, no motion required information only.
Walk On Item:
Al Skorupa commented on the City's new information signs; the lower case lettering is hard to read,
he suggested that future signs be done in all caps, and that the sigh on Gowe Street (located on the left
side or the street) as your heading east should be checked out, feels it would be better suited on the
other side of the street Skorupa also wanted committee members to know that on East Meeker
between Railroad & Central, none of the spaces are marked property. Steve Mullen, Transportation
Engineer will look in to his concerns.
Adjourned:
The meeting was adjourned at 5:40 p.m.
Next Meeting Scheduled for:
The next meeting is scheduled for Monday, May 15, 2006 at 5 00 p.m
ICheryl Viseth,
Administrative Assistant III
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
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