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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/20/2007 1 s City of Kent City Council Meeting Agenda 1 February 20, 2007 Mayor Suzette Cooke Deborah Ranniger, Council President Councilmem,bers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas f KENT W A S H I N G T O N City Clerk's Office KENT CITY COUNCIL AGENDAS KEN T February 20, 2007 W^s„-.�T O. Council Chambers MAYOR Suzette Cooke COUNCILMEMBERS Deborah Ranmger, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. THE WORKSHOP HAS BEEN CANCELLED COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC —Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS lA Public Recognition B. Community Events C. Update from King County Council Member Reagan Dunn D. Community Emergency Response Team (CERT) Presentation E Employee of the Year 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills —Approve C. WebEOC Software and Related Hardware Purchase— Authorize D. Excused Absences for Councilmembers Albertson, Clark and Thomas—Approve E Fleet Services Budget Adjustment—Authorize F. Harbor Reach Bill of Sale—Accept G. Kent Station, Phase II Bill of Sale—Accept (Continued) COUNCIL MEETING AGENDA CONTINUED H. Kent School District No 415 Bill of Sale—Accept L Millbrook Heights Bill of Sale—Accept J Morgan's Place Bill of Sale —Accept K. Nystrand Short Plat Bill of Sale—Accept L. Safeguard Phase III Bill of Sale—Accept M. Scarsella Short Plat Bill of Sale— Accept N Wilson Short Plat Bill of Sale—Accept O. Malcolm Drilling Bill of Sale— Accept P. Earth Tech, Inc Consultant Services Agreement—Authorize Q. Sound Transit Transportation Amendment re Pioneer Street—Authorize R. Ambulance Services Agreements - Change Orders to Extend Term—Authorize S. Kent Police Department Facility Needs Assessment Agreement—Authorize 7 OTHER BUSINESSI co-4 ertie�A I P 1 T 7 r 8. BIDS A. LID 353. 4th Avenue N.76th Avenue S. Sidewalk Improvements, SR-167 to S. 224th Street 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS it. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE- A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page and complete packet are on the City of Kent web site at www ci kent wa.us An explanation of the agenda format is given on the back of this page. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC r PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) UPDATE FROM KING COUNTY COUNCIL MEMBER REAGAN DUNK D) COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PRESENTATION E) EMPLOYEE OF THE YEAR i CONSENT CALENDAR 6. City Council Actio Councilmember moves, Councilmember seconds to approve Conse Calendar Items A through S. Discussion Action -7yl Ci 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 6, 2007. 6B. Approval of Bills Approval of payment of the bills received through January 15 and paid on January 15, 2007 after auditing by the Operations Committee on February 6, 2007. tApproval of checks issued for vouchers: Date Check Numbers Amount 1/15/07 Wire transfers 2695-2709 $1,287,462.33 1/15/07 PrePays & Regular 603426-603962 2,651,440.29 Use tax payable 1,157.43 $3,940,060.05 tApproval of payment of the bills received through January 31 and paid on January 31, 2007 after auditing by the Operations Committee on February 6, 2007. Approval of checks issued for vouchers: Date Check Numbers Amount 1/31/07 Wire transfers 2710-2728 $1,658,262.08 1/31/07 PrePays & Regular 603963-604429 2,747,943.66 Use tax payable 2,186.49 $41408,392.23 (continued on back) 6B. Approval of Bills. (continued) Approval of checks issued for payroll for January 1 through January 15 and paid on January 19, 2007: Date Check Numbers Amount 1/19/07 Checks 295343-295622 $ 229,168.25 1/19/07 Advtces 207602-208293 1,618,239 53 Total Regular Payroll $1,847,407.78 Approval of checks issued for payroll for January 16 through January 31 and paid on February 5, 2007: Date Check Numbers Amount 1/30/07 Void 295526 $ -69.43 1/30/07 Reissue 295623 6943 2/5/07 Checks 295624-295901 209,88719 2/5/07 Advices 208294-208987 1,317,18046 Total Regular Payroll $1,527,067 65 Council Agenda Item No. 6 A-B • Kent City Council Meeting KEN T February 6, 2007 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present Albertson, Clark, Harmon, O'Brien, Ranmger, Raplee, and Thomas. (CFN-198) PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke congratulated CAO John Hodgson on being named Government Employee of the Year by the Kent Chamber of Commerce B. Community Events. (CFN-198) CAO Hodgson announced a Transportation Forum relating to traffic and parking at the Events Center, which will be held from 10 00 a.m. to noon Saturday, February 10"', at the Resource Center, 315 E. Meeker Council President Ranmger announced upcoming Spotlight Series events and Kent Kids Arts Day, Mel Roberts of the Bicycle Advisory Board announced rides to be held on February 17 and 18, and on March 3 and 4. C. Arts Commission Funding Recipients. (CFN-839) Ronda Billerbeck announced that the Columbia Choirs Association, Institute for Community Leadership, Kent Adaptive Recreation, Kent Senior Activities Center and Rainier Chorale have received grants from the Arts Commission. Mayor Cooke presented each with a Certificate of Appreciation. D. Washington State Public Works Board Award. (CFN-155) Kelly Snyder, Executive Director of the Washington State Public Works Board, explained that all 36 of their original loans have been paid off, and that the City of Kent has paid off their loan. She presented the award to Mayor Cooke. Public Works Director Larry Blanchard expressed his appreciation. E. Historical Society Director. (CFN-1087) Outgoing Director John Mergens introduced Linda Van Nest, the new Director of the Historical Society. Van Nest invited everyone to visit the museum. iF. Employee of the Month. (CFN-147) Transportation Engineering Manager Steve Mullen announced that John Rostad has been chosen as the Employee of the Month of February and complimented Rostad on his many attributes. Ir G. Police Officer Swearing In. (CFN-122) Police Chief Strachan introduced Police Officers Scott McQuilkin and Rex Miller, who were then sworn in by the Mayor. I. Public Safety Report. (CFN-122) Police Chief Strachan updated the Council on events which have taken place in the department over the past month, including retirements and promotions. He also responded to an accusation of corruption which was made at the December Council meeting. PUBLIC HEARINGS A. Single Family Residential Moratorium. (CFN-121) On December 12, 2006, the City Council passed Resolution No. 1746 imposing a moratorium on filing rezone or other related land use applications which would require the granting of a rezone to effectuate all or part of the 1 Kent City Council Minutes February 6, 2007 application being filed for real property with single-family residential zoning and/or single-family residential comprehensive plan map designations that are not of equal density or otherwise do not match Community Development Director Satterstrom explained that a decision must now be made whether to continue or terminate that moratorium, and urged the Council to continue it to allow time for completion of a zoning study. Satterstrom clarified for Ranmger that hearings on the discrepancy between the zoning and the Comprehensive Plan will be held before the Land Use and Planning Board and that all affected property owners and property owners within a specific radius will be notified of the hearings He added that the Board will then make a recommendation to the Council Mayor Cooke opened the public hearing. Chet Ekstrand, 26600 137`h Avenue SE, spoke in favor of sustaining the moratorium due to concerns regarding harm to the environment Hans Friewald, 11824 SE 2701h Street, expressed concern about pollution and Brian McDonough, 26441 1371h Avenue SE, said a moratorium makes sense Paul Morford, P O. Box 6345, Kent, voiced opposition to the moratorium, stated that development provides protection to the lake, and urged the Council to study the issue in depth Ted Nixon, 911 E Temperance, also spoke against the moratorium because it puts people like carpenters and developers out of work. There were no further comments from the audience and RANNIGER MOVED to close the public hearing. Clark seconded and the motion carried THOMAS MOVED to make the letter from Mr Eklund and the articles from Mr. Friewald a part of the public record. Clark seconded and the motion carried. HARMON MOVED to adopt Resolution No 1748 adopting Findings of Fact and continuing the moratorium established pursuant to Resolution No 1746 on filing rezone or other related land use applications that would require the granting of a rezone to effectuate all or part of the applica-lion being filed for real property with single-family residential zoning and/or single-family residential comprehensive plan map designations that are not of equal density or otherwise do not match. Albertson seconded Harmon explained that it is not possible to complete the zoning study without continuing the moratorium Clark agreed. O'Brien spoke in favor of terminating the moratorium and leaving the Comprehensive Plan as it is Ranmger urged staff to do water quality analyses of the lake Albertson, Raplee and Thomas all spoke in support of the motion, Harmon called for the question, and the motion to continue the moratorium carried 6-1 with O'Brien opposed. CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through V Harmon seconded and the motion carved. A Approval of Meetins. (CFN-198) The minutes of the regular Council meeting of January 16, 2007, were approved B. Approval of Bills. (CFN-104) Payment of the bills received through November 30 and paid on November 30, 2006 after auditing by the Operations Committee on December 5, 2006 were approved. 2 Kent City Council Minutes February 6, 2007 i Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/06 Wire Transfers 2645-2661 $1,402,070 66 11/30/06 PrePays & Regular 601702-602378 4,365,141 49 Use Tax Payable 2,454.33 $5,769,666.48 1 Payment of the bills received through December 15 and paid on December 15, 2006 after auditing by the Operations Committee on January 16, 2007 were approved Approval of checks issued for vouchers- Date Check Numbers Amount 12/15/06 Wire Transfers 2662-2679 $1,827,094.56 12/15/06 PrePays & Regular 602379-602956 3,108,518.71 Use Tax Payable 2,10058 $4,937,713 85 Payment of the bills received through December 31 and paid on December 31, 2006 after auditing by the Operations Committee on January 16. 2007 were approved. Approval of checks issued for vouchers- Date Check Numbers Amount 12/31/06 Wire Transfers 2680-2694 $1,330,396.68 12/31/06 PrePays & Regular 602957-603425 3,742,553 27 Use Tax Payable 888.08 $5,073,838 03 Checks issued for payroll for November 16 through November 30 and paid on December 5, 2006 were approved. Date Check Numbers Amount 12/5,106 Checks 294620-294862 $ 237,520.90 12/5/06 Advices 205519-206211 1,656,007 70 Total Regular Payroll $1,893,529,60 Checks issued for payroll for December 1 through December 15 and paid on December 20, 2006 were approved: Date Check Numbers Amount 12/13/06 Void Check 294318 -$509 39 12/13/06 Interim Check 294863 50939 12/20/06 Checks 294864-295097 188,805 75 12/201/06 Advices 206212-206907 $1,289,087.66 Total Regular Payroll $1,477,893.41 3 Kent City Council Minutes February 6, 2007 Checks issued for payroll for December 16 through December 31 and paid on January 5, 2007 were approved Date Check Numbers Amount 1/5/06 Check 295098-295342 $216,311.83 1/5/06 Advices 206908-207601 1,294,355.98 Total Regular Payroll $1,510,667.81 C Mulder Final Plat. (CFN-1272) The final plat mylar for Mulder was approved and the Mayor was authorized to sign the mylar Harry Singh proposes to subdivide approximately 4.77 acres into 26 single-family residential lots The property is located at 26009 124'h Avenue SE D. Parkview Final Plat. (CFN-155) The final plat mylar for Park View was approved and the Mayor was authorized to sign the mylar Harbour Homes proposes to subdivide approximately 9.42 acres into 44 single-family residential lots. The property is located at the NW corner of SE 288'11 and 144`" Avenue SE. E. Highland Estates Final Plat. (CFN-1272) The final plat mylar for Highland Estates South was approved and the Mayor was authorized to sign the mylar Meridian Highlands, LLC , proposes to subdivide approximately 5 28 acres into 25 single-family residential lots. The property is located at 26203 124I' Avenue SE. F. Department of Social & Health Services Client Service Contract for Safe Heavens Services. (CFN-118) The Department of Social & Health Services grant of$32,664 to fund Safe Havens services was accepted, the expenditure of funds in the Safe Havens budget was authorized, and the Mayor was authorized to enter into an agreement with the State of Washington. The funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center and for personnel costs to operate the program G Department of Social & Health Services Agreement for Safe Havens Center. (CFN-118) The Department of Social & Health Services grant of$50,000 to fund the Safe Havens Center was accepted, the expenditure of funds in the Safe Havens budget was authorized, and the Mayor was authorized to enter into an agreement with the State of Washington. The funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center and for personnel costs to operate the facility. H. 2007 City Art Plan and 2007-2011 Five Year Art Plan. (CFN-118) The 2007 City Art Plan and the 2007-2011 Five Year Art Plan was approved. I. Riverview Park Master Plan. (CFN-118) The master plan for Riverview Park was approved. J. 2006 Fourth Ouarter Fee-In-Lieu Funds. (CFN-118) $83,631 in development fees for the fourth quarter of 2006 was accepted, and the expenditure of funds in the 272nd Street Park, Turnkey Park, West Fenwick Park, Master Plan, and Service Club Park budgets were authorized. K. Eagle Scout Program Donations. (CFN-104) A $373 donation from Dalhn Connell was accepted and the expenditure of funds in the Eagle Scout Projects budget was authorized. Dallin 4 Kent City Council Minutes February 6, 2007 Connell, Troop #414, chose to complete 200' of a gravel, accessible trail in Clark Lake Park as his Eagle Scout project He secured $373 in donated cash from local businesses, family and friends, discounts for equipment rental and material, donations of food for the 55 volunteers. Dallin led other Scouts and completed his project in November providing 372.75 volunteers hours with a value to the City of$4,473 L Kent Downtown Partnership Donation. (CFN-104) An $800 donation from the Kent Downtown Partnership was accepted and the expenditure of funds in the Greenhouse budget was authorized. The donation goes toward the cost of purchasing hanging flower baskets and liners for the 2006 season M. East Valley Hi2hway, S. 224th to S. 212th Pedestrian and Bicvcle Safety Grant. (CFN-164) The Washington State Department of Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of$128,000 was accepted, a budget for the funds was authorized, staff was directed to spend the money accordingly and the Mayor was authorized to sign all necessary documents. N Military Road and S. 268th Street Pedestrian and Bicycle Safety Grant (CFN-164) The Washington State Department of Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of$87,000 was accepted, a budget for the funds was authorized, staff was directed to spend the money accordingly and the Mayor was authorized to sign all necessary documents. O. SE 248th Street to 101st Place Pedestrian and Bicycle Safety Grant (CFN-164) The Washington State Department of Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of$75,000 was accepted, a budget for the funds was authorized, staff was directed to spend the money accordingly and the Mayor was authorized to sign all necessary documents. P. Anchor Environmental Contract for Lake Meridian Outlet Project. (CFN-1038) The Mayor was authorized to sign the Anchor Environmental, LLC, Agreement for the Lake Meridian Outlet Project in the amount of$45,608 upon concurrence of the language therein by the City Attorney and the Public Works Director Q. Mill Creek Culvert at Chandlers Bay Apartments. (CFN-1038) The Mill Creek Culvert at Chandlers Bay Apartments was accepted as complete and release of retainage to Taggart Construction Inc upon receipt of standard releases from the state and release of any hens was authorized. R. Homeland Security Sub-Grant Agreement. (CFN-122) The Mayor was authorized to sign the Homeland Security Sub-grant Agreement between the City and King County Office of Emergency Management The reimbursable sub-grant, not to exceed $28,000, is to conduct a Planning Section Training class for all King County Zone 3 agencies This will enable all agencies, within Zone 3, to become compliant with Homeland Security Presidential Directive—5. S. Agreement with City of Covington for Fire Marshal Services. (CFN-122) The Mayor was authorized to sign an [nterlocal Agreement with the City of Covington for Kent to provide Fire Marshal services, subject to final terms and conditions acceptable by the City Attorney. ' 5 Kent City Council Minutes February 6, 2007 T. Battalion Chief Position in Fire Prevention. (CFN-122) Amendment of the 2007 budget to create a new regular full-time Battalion Chief position within Fire Prevention was approved. The position is to be funded through the revenue generated by various Interlocal Agreements. U. S. 228th Green River Bridge. (CFN-1269) The S 228th Green River Bridge was accepted as complete and release of retainage to Mowat Construction Inc. upon receipt of standard releases from the state and release of any liens was authorized. V. Kent Aquatic and Communitv Center Programming and Conceptual Design Allreement. j (CFN-118) The Mayor was authorized to enter into an agreement in the amount of$113.000 with Barker Rinker Seacat Architecture for programming and conceptual design of the proposed Kent Aquatic and Community Center, upon review by the City Attorney. OTHER BUSINESS A Residential Development Standards. (CFN-131) The Planning and Economic Development Committee has recommended amendments to provide for recreation areas within subdivisions, increased requirements for tree preservation and landscaping, increased side and rear setbacks, attached units within single family residential areas, diminished garage doors and design features. At the same time, the recommendation reduces minimum lot size to 3,000 square feet in the SR-4.5, SR-6 and SR-8 zoning districts. Matt Gilbert of Community Development explained that robust public input has indicated concern about the aesthetics of homes, the desire to see homes spread apart, the monotony of current stock, and the desire for more open space within neighborhoods. He said staff developed a range of regulatory options based on that input and outlined the amendments to those recommendations which are before the Council tonight. He emphasized that this proposal affects new development and is not targeted at existing lots. John Norris, Norris Homes, 2053 Faben Drive, Mercer Island, spoke in opposition to diminished garages, said the recommendations add to the cost of the house, and said no one uses the neighborhood parks. Don Leabo, Green Ridge Development, 3403 260`h Avenue NE, Redmond, said if the changes go through, he will not be able to do business in Kent due to high lot prices. Hans Frtewald opined that developers cause the price of lots to go up. Evan Johnsen,Westcott Homes, 19515 North Creek Parkway, Suite 100, Bothell, agreed that the changes will make housing less affordable. Terry Dreblow, 512 N. Jason Avenue, expressed favor for residential redevelopment but concerns about the 3,000 sq ft., density increases and verbiage which protects potential loopholes that may be perceived in the ordinance from existing planning He pointed out that people don't like homes close together and large homes on small lots. Harry Schneider, Schneider Homes, 6510 Southeenter Boulevard, Tukwila, said the new standards will hinder affordability because making houses appealing costs money He asked the Council to consider reducing the percentage of diminished garages required. 6 _ �_ Kent City Council Minutes February 6, 2007 Sharon Bersaus, 436 Jason Avenue North, spoke in support of the standards and urged the Council to pass them Paul Morford, P. O Box 6345, Kent, voiced concern about the cost of housing and the affect of that on young people. Hans Korve, 726 Auburn Way North, Auburn, distributed copies of 2006 price changes for i existing and new home sale prices. He urged the Council to put this off for six months to allow time for an economic analysis. Todd Curry, 26815 Military Road South, Kent, asked the Council not to pass any design standards of an aesthetic nature due to the cost and the reduction of available land as a result of it, and to review the standards. John Kohler, 602 Prospect Avenue North, Kent, expressed concern about the new standards being applied to lots in his area. It was clarified that existing lots would not be affected, but that if a home on an existing lot which was large enough to be subdivided under the new standards were torn down, the new standards would apply. Kohler said he feels the standards should not apply to his neighborhood since it is historic. Stephanie Godby, 15515 Juanita Woodinville Way NE, Bothell, pointed out that every foot taken off or added to setbacks or required for parks results in a loss of buildable land, which increases the cost of the lots. Ted Nixon, 911 E. Temperance Street, said the standards would result in an administrative night- mare, increase review time, and drive housing costs up, and would not make neighborhoods more attractive. Terri Daly, 24323 135`11 Avenue, Kent, spoke in opposition to diminished garages, noting that children need backyard space in which to play rather than playing in the street. Nancy Streiffert, 10102 SE 270`h Place, spoke in favor of using native plants in landscaping and restricting ivy in new developments. I Garrett Hoffman, Master Builders Association, 335 1161h Avenue SE, Bellevue, said the homes would not be affordable. There were no further comments from the audience. Upon a request from Councilmember Harmon, Gilbert reiterated that the recommendations made by staff are the result of vigorous public input and that because of cost issues, flexibility was built into the proposal in order to provide developers with options that reflect the public's concern He 1 added that the proposed requirements and flexibility exceed those used for Eagle Creek. He also addressed concerns regarding lot sizes, side yards, parks, variety and rounding up. O'Brien distributed copies of a Kent Development Code Cost Breakdown and said people would not be able to afford a house in Kent. r7 Kent City Council Minutes February 6, 2007 HARMON MOVED to approve the recommendation of the Planning and Economic Development Committee regarding residential development standards and to direct the City Attorney to draft the appropriate ordinance. Clark seconded After comments from Ranniger and Harmon, RANNIGER offered a friendly amendment as follows to reduce the diminished garage door standards from the proposed 70% to 50%, to change the provision that allows 25% of the total number of permitted dwelling units to be duplex townhouse structures to also include triplex townhouse structures; and to direct staff to report to Council on the implementation and effectiveness of these residential standards approximately one year from the effective date of this ordinance. Harmon and Clark accepted the amendment O'Brien felt the amendment changes the numbers again and suggested time to review it. Albertson spoke in support of the motion Raplee voiced concern about the safety of alleys, the size of yards, and the cost of homes and suggested more time for review Thomas expressed concern about cost and pointed out that the people who attended the open forums are already home owners, not future buyers Clark said the concerns of the community must be met. Harmon called for the question and the motion passed 4-3 with Albertson, Clark, Harmon, and Ranniger in favor and O'Brien, Raplee and Thomas opposed. CLARK MOVED to make the documents presented during the discussion a part of the record. Harmon seconded and the motion carried. BIDS A. Traffic Signal Cabinet Replacement. (CFN-171) The bid opening for this project was held on January 23, 2007, with three bids received The low bid was submitted by Cascade Signal Corporation in the amount of$62,581 76 Public Works Director Blanchard noted that this is a replacement program for signals over twenty years old and that it is in the downtown area. RAPLEE MOVED to authorize the Mayor to enter into an agreement with Cascade Signal Corporation for the Traffic Signal Cabinet Replacement project in the amount of$62,581.76. Harmon seconded and the motion carried REPORTS Council President. (CFN-198) No report was given. Mayor's Report. (CFN-198) No report was given Operations Committee. (CFN-198) No report was given. Parks and Human Services Committee. (CFN-198) No report was given. Planning and Economic Development Committee. (CFN-198) Harmon noted that the Land Use and Planning Board will meet at 7:00 p m on February 26`h to discuss the mismatch zoning code amendments. He also added that the February Planning and Economic Development Committee meeting has been cancelled. Public Safety Committee. (CFN-198) Thomas noted that the Committee will meet on Tuesday, February 13 at 5:00 p.m. Public Works Committee. (CFN-198) No report was given. 8 Kent City Council Minutes February 6, 2007 Administration. Hodgson advised the Council that the Legislature will be dealing with two key bills specific to the formation of a Public Facilities District for the City of Kent He explained that the bills would allow a portion of the state sales tax to be redirected to the Events Center facility He also reminded the Council of an executive session of approximately twenty minutes to discuss one item of pending litigation, with potential action after the regular meeting reconvenes. EXECUTIVE SESSION The meeting recessed to Executive Session at 9.50 p.m. and reconvened at 10.15 p.m. ACTION AFTER THE EXECUTIVE SESSION Pending Liti>ration (CFN-198) The City Attorney noted that the Department of Ecology has been attempting to develop permit language subject to the Federal Clean Water Act that would be required against cities He explained the situation, the cost, and the fact that action must be taken tonight CLARK MOVED to authorize the City Attorney to represent the City of Kent, in cooperation with approximately twenty other affected cities, in an appeal and pending litigation on the National Pollutant Discharge and Elimination System Phase 11 Stormwater Permit, to approve a budget of up to $20,000 toward outside legal fees, and to authorize the Mayor to enter into an mterlocal agreement to join this litigation, subject to approval of final terms and conditions of the agreement. Harmon seconded and the motion carved. ADJOURNMENT The meeting adjourned at 10 20 p.m. r Brenda Jacober, CMC City Clerk r r r9 rKent City Council Meeting Date February 20, 2007 Category Consent Calendar 1. SUBJECT: WEBEOC SOFTWARE AND RELATED HARDWARE PURCHASE — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign all documents necessary to purchase WebEOC software and related hardware in the approximate amount of$95,300. At the August 15, 2006, Council meeting a reimbursable grant not to exceed $95,300 from the Washington State Military Department was accepted. The grant is to be used for the purchase and implementation of WebEOC software and the necessary infrastructure to operate the system Crisis Management Consulting firm is the vendor that provides the software and training. Monies are also to be used for the purchase of supporting hardware and software The Mayor has authorized Single Source Procurement for the WebEOC software and 1 Information Technology will be ordering the necessary infrastructure to operate the system for the Emergency Management Division. The Attorney's office has approved the letter proposal and agreement to purchase WebEOC from Crisis Information Management Software 3. EXHIBITS: WebEOC purchase agreement; WebEOC single source procurement authorization, and estimate for supporting hardware/software 4. RECOMMENDED BY: Fire Admm Staff and Public Safety Committee 2/13/07 (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ I 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: Council Agenda Item No. 6C Washington State Military Department CONTRACT FACE SHEET 1 Contractor Name and Address 2 Contract Amount 3. Contract Number City of Kent Emergenc Management Division 24611 l fl t. Avenue, SE $95,300 E07-079 Kent,WA 98030 4 Contractor's Contact Person, Phone Number 5 Contract Start Date 6. Contract End Date Kimberly Behymer, (253) 856-4343 July 1, 2006 April 30, 2007 7 MD Program Manager/phone number 8 State Business License# 9. UBI#(state revenue): Rachel Glahe, (253) 512-7064 n/a 173-000-002-1 10 Funding Authority- Washington State Military Department (Department) and the State 2005-07 Revised Omnibus Operating Budget 11. Funding Source Agreement# 12 Program Index#Ob1/SubObl 13 Catalog of Federal Domestic 14 TIN or SSN ESSB 6386 771M2 NZ Asst (CFDA)#&Title NA 91-6001254 15 Service Districts 16 Service Area by County(ies) 17 Women/Minonty-Owned, State (BY LEGISLATIVE DISTRICT) 31, 47 King County Certified? X N/A El NO (BY CONGRESSIONAL DISTRICT). 8, 9 ❑ YES, OMWBE# 18 Contract Classification 19 Contract Type(check all that apply). ❑ Personal Services O Chent Services X Public/Local Gov't X Contract ❑ Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental ❑ Interagency 20 Contractor Selection Process 21 Contractor Type (check all that apply). X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit X Advertised? XYES ❑ NO ❑ VENDOR ❑ SUBRECIPIENT X OTHER 22 BRIEF DESCRIPTION To provide Emergency Management Preparedness Assistance Grant (EMPAG) funds to local jurisdictions, private ' organizations, regional agencies, tribal governments and regional incident management teams for emergency management preparedness activities in an effort to enhance emergency management throughout Washington State. 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 I (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) any other provisions of the contract incorporated by reference. This agreement contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto WHEREAS, the parties hereto have executed this contract on the day and year last specified below. FOR THE DEPARTMENT: FOR THE CONTRACTOR: LSignature 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 Division Spencer W Daniels (signature on file) 7/20/06 Assistant Attorney General Form 10/27/00 kdb EMPAG-SFY 07 Page 1 of 17 City of Kent EMD E07-079 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 budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43 03 050 and RCW 43.03 060 as now existing or amended Receipts and/or backup documentation for any approved budget line items including travel related expenses (other than meals, mileage and parking) that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department 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 or defined in the budget sheet of the contract. ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and t submit the following reports to the Department's Key Personnel, Financial #/Copies Date Due Invoices 1 August 30, 2006 (Reimbursement requests must cover September 30, 2006 expenses incurred in the previous 30 days.) October 30, 2006 November 30, 2006 December 30, 2006 January 30, 2007 February 28, 2007 March 30, 2007 Non-Expenditure Memo 1 As required (If no expenditures have occurred in the previous 30 days, a memo detailing why no funds were expended must be submitted.) Final Invoice 1 April 30, 2007 (Shall not exceed overall contract amount) t All contract work must end on April 30, 2007, however the Contractor has up to 14 days after the end date to submit all final billing. Technical #/Copies Date Due Performance Reports 1 August 5, 2006 (Reports must cover the previous 30 days) September 5, 2006 October 5, 2006 November 5, 2006 December 5, 2006 January 5, 2007 February 5, 2007 March 5, 2007 April 5, 2007 Final Report 1 April 30, 2007 All contract work must end on April 30, 2007, however the Contractor has up to 14 days after the end date to submit all final reports and/or deliverables. EMPAG-SFY 07 Page 2 of 17 City of Kent EMD E07-079 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: Kimberly Behymer, Program Coordinator Rachel Glahe, Program Manager ARTICLE IV --ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with the Local Government Budget and Accounting Reporting System (BARS). ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1 1. Funds are provided by the Washington State 2005-07 Revised Omnibus Operating Budget (ESSB 6386) solely for the purpose of supporting emergency management preparedness activities The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding, as approved by the Department. 2. Insurance. (For public entities receiving state funds) The Washington State Military Department and City I of Kent Emergency Management are part of the State of Washington and protected by the State's self- insurance liability program as provided by Chapter 4.92 130. 3 Equipment Management All equipment purchased through this contract 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 shall maintain equipment records that include- a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment; who holds title; the acquisition date, the cost of the equipment and the percentage of State participation in the cost; the location, use and condition of the equipment at the date the information was reported, and disposition data including the date of disposal and sale price of the property. • Records for equipment 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. • 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 sell the property, proper sales procedures must be established to ensure the highest possible return. When original or replacement equipment is no longer needed for the original project, disposition of the I 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 Department for its share. EMPAG-SFY 07 Page 3 of 17 City of Kent EMD E07-079 Exhibit A Washington State Military Department INTERGOVERNMENTAL GENERAL TERMS AND CONDITIONS For use with State Agencies, Local Governments, and Special Districts Contracts STATE FUNDS ONLY 1. DEFINITIONS a. "Department" shall mean the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department b. "The Adjutant General" as it is used herein shall mean the Director of the Washington State Military Department The term "Authorized Department Representative" shall mean those persons who have written authorization to sign Department contracts and represent Department as signed and directed by The Adjutant General. C. "Contractor" shall mean that state agency, local government orjurisdiction, public organization, group, special district, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the Contractor as , permitted under the terms of this agreement. d. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this agreement under a separate contract with the Contractor. , The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier e. "Contract and/or Agreement" as found in these Terms and Conditions shall be ' interchangeable and mean (a) a formal written agreement between parties (in this definition, the Military Department being one of the parties) setting forth all terms and enforceable by law; (b) Law — 1. A properly executed and legally binding compact 2 The writing or document embodying this compact; (c) a mutual understanding between two or more persons about their relative rights and duties regarding past or future performances; a manifestation of mutual assent by two or more parties; and/or (d) a procurement contract under an award or subaward, and a procurement subcontract under a recipient's or subrecipient's contract; (e) a promise, or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty e. "WAC" is defined and used herein to mean the Washington Administrative Code. f. "RCW" is defined and used herein to mean the Revised Code of Washington. 2. NONDISCRIMINATION There shall be no discrimination against any employee who is paid by contract or grant funds or against any applicant for such employment because of race, religion, color, sex, marital status, creed, national ongin, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap This provision shall include, but not be limited to the following. employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training 3 CONTRACTOR NOT EMPLOYEE OF AGENCY -- The Contractor, and/or employees or agents performing under this agreement are not employees or agents of the Department in any manner whatsoever. The Contractor will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Contractor make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Workmen's Compensation , coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW It is understood that if the Contractor is another state department, state agency, state university, state 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. EMPAG-SFY 07 Page 4 of 17 City of Kent EMD E07-079 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. 4 INDEMNIFICATION Each party shall defend, protect, and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees, agents and/or authorized subcontractor(s) while performing this contract or grant If the Contractor enters into any subcontracts, each subcontract shall include a statement indemnifying the Washington State Military Department. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice. ' 5. TREATMENT OF ASSETS Upon successful completion of the terms of this contract, all assets, including equipment, purchased through this contract will be owned by the Contractor unless otherwise specified by the funding source. 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. 6. AUDITING OF RECORDS, DOCUMENTS, AND REPORTS The Contractor shall maintain books, records, documents, and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in the performance of this agreement. These records shall be subject at all reasonable times for inspection, review, or audit by Department personnel and other personnel duly authorized by the Department, the Office of the State Auditor, and so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other material relevant to this agreement for ' six (6) years after termination or expiration, and the Office of the State Auditor, and any persons duly authorized shall have full access to and the right to examine any of said materials during said period 7. DELAYS IN PERFORMANCE The Contractor shall, if unable to complete the contract work at the time specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, notify the Department of that anticipated delay and the reasons thereof Such notices and reason shall be delivered within ten working days after the condition creating the delay becomes known to the Contractor. When notice is so given, the Department may, with discretion, extend the time specified for performance for such period as deemed advisable a. CHANGES AND MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract Any such changes that are mutually agreed upon by the parties to this contract 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, shall not be binding. 9. RIGHTS IN DATA The parties hereto agree that all works originating from this contract shall be "works for hire" as defined by the U.S Copyright Act of 1976 and shall be jointly owned by the Department and/or the State of Washington and the Contractor. Unless otherwise provided, this contractual term applies to all works including, but not limited to, reports, graphic design and logos, documents, files, pamphlets, advertisements, publications, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions prepared by an employee within the scope of employment, and also to all works specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas. Joint ownership includes the right for each party to copyright, patent, register, and the ability to transfer these rights. ' EMPAG-SFY 07 Page 5 of 17 City of Kent EMD E07-079 The Contractor shall not affix any restrictive markings upon any data, and if such markings are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore such markings. 10. PUBLICATION OF DATA All notices, publications, informational pamphlets, press releases, research reports, and similar public notices must acknowledge that the program is supported by funds provided by and through the Washington State Military Department, as appropriate and five copies of each such publication shall be furnished to the Department at no charge Should the resultant publication be considered copyrightable material not already owned by the Department pursuant to the provisions of Section 7 of these General Terms and Conditions, the Department reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use all or any of such copyrighted material or all or any such material which can be copyrighted which resulted from this agreement 11. 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 Each subcontract shall include a statement indemnifying the Washington State Military Department. Further, that no provision of this clause and no such approval by the Department of any subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Department in addition to the total agreed upon price. 12 ADVANCE PAYMENTS PROHIBITED No payment in advance or in anticipation of services or supplies to be provided under this agreement shall be made by the Department 13. 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. 14. 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 agreement 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 agreement unless stated to , be such in writing, signed by an authorized representative of the Agency, and attached to the original agreement. 15 DISPUTES -- Except as otherwise provided in this contract, when a bona fide dispute arises between i the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the Department, a representative appointed by the Contractor, and a third party mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. 16. LOSS OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this agreement and prior to normal completion, the Department may terminate the agreement, with five (5) days advance written notice, subject to re-negotiation under those new funding limitations and conditions. 17. TERMINATION a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner one or more of 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 EMPAG-SFY O7 Page 6 of 17 City of Kent EMD E07-079 corrected within forty-five (45) 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 forty- five (45) days prior to such date. Reimbursement for approved services performed by the Contractor, and not otherwise paid for by the Department prior to the effective date of such termination, shall be as the Department reasonably determines. 18. RECAPTURE OF FUNDS In the event that the Contractor fads to expend funds under this contract in accordance with state law, or federal law where applicable, and/or the provisions of this contract, or fads to perform any and all tasks under 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 three (3) years following contract termination Repayment by the Contractor of funds under this recapture provision shall occur within thirty (30) days of demand In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs thereof, including reasonable attorneys'fees. 19. GOVERNING LAW -- This contract shall be governed by the laws of the state of Washington. In the event of a lawsuit involving this contract, venue shall be proper only in Thurston County The Contractor, by execution of this contract, acknowledges the jurisdiction of the courts of the state of Washington in this matter 20. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 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. 21. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. End of the general terms and conditions 1 ' EMPAG-SFY 07 Page 7 of 17 City of Kent EMD E07-079 Exhibit B STATEMENT OF WORK Emergency Management Preparedness Assistance Grant (EMPAG) ' State Fiscal Year 2007 (SFY07) INTRODUCTION: The Washington State 2005-07 operating budget authorizes the Washington State Military r Department (Department), Emergency Management Division (EMD), to award grants for emergency management preparedness activities that support EMD's vision of a disaster-resistant Washington Funds are for projects that r include development of comprehensive emergency management plans, training of public officials on disaster response, administration of joint emergency management training exercises, or strengthening of emergency response, mitigation, preparedness and coordination. Following a competitive grant application process, funding is awarded to the highest scoring eligible applicants. City of Kent Emergency Management Division has been awarded this emergency management preparedness contract and is known hereinafter as the Contractor The Contractor Agrees To: 1. Perform activities described in the attached Scope of Work (Attachment A). 2. Provide monthly progress reports on deliverables using the format prescribed by the Military r Department and advise the Military Department of necessary adjustments to the content of the contract 3. Submit a comprehensive final report detailing the activities completed, the success or failure of those activities, and justification for any activities not completed using the format prescribed by the Military Department. Projects which include an exercise component must submit the After Action Report as part of the final report. 4. If necessary, hire a Subcontractor to assist in accomplishing the tasks outlined in the Statement of Work. The Military Department may request a copy of the subcontract agreement which outlines the tasks the subcontractor will perform 5. Make all supporting documentation to reports available to Military Department staff for review, upon request. 6. Submit signed, approved invoice vouchers (state form A-19) every 30 days for work performed in the previous 30 days Invoicing timeframes will not be more often than monthly Each A-19 will be accompanied by a spreadsheet detailing the expenditures Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip. If no expenses were incurred during a 30-day period in lieu of an invoice a memo must be submitted detailing why no funds were expended. r The Military Department Agrees To: 1. Provide staff coordination and input such as technical information and assistance. i 2. Review reports and billings for accuracy and completion. 3. Reimburse the Contractor within 30 days of receipt and approval of monthly signed, dated invoice r voucher(s) (state form A-19), documentation of satisfactory completion of tasks-to-date, and documentation of costs. r r EMPAG-SFY 07 Page 8 of 17 City of Kent EMD ' E07-079 1 TIMELINE Agency Organization Date ' Washington State Military Department City of Kent Emergency Management Division 07106 2006 2007 Tasks JUL AUG SEP OCT NOV DEC JAN FEB MAR APR 1 Submit performance a a a a o a o Cr a reports. 3. Submit invoices a a a a Cr Cr a Cr with Reimbursement Form 4 Submit final performance report and final invoice. a 5. Contract expires a r i EMPAG-SFY 07 Page 9 of 17 City of Kent EMD E07-079 Exhibit C BUDGET SHEET , Contract expenditures shall be documented according to the following categories when appropriate: ' EMPAG BUDGET SUMMARY Approved r Budget Salaries and Benefits $0 Goods and Services (including, but not $0 limited to, supplies, materials, postage, printing, etc.as allowed by grant guidance) Travel and Per Diem $0 Equipment $90,300 Subcontractor $5,000 Other $0 Management and Administration (5%) $0 r In-Direct Costs (10%) $0 Total All Program Costs $95,300 r Total Award $95,300 The City of Kent Emergency Management EMPAG award is $95,300. This award will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose 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. Funding Source: Washington State Military Department - PI#771 M2— EMPAG ' 1 . 1 r EMPAG-SFY 07 Page 10 of 17 City of Kent EMD E07-079 I SCOPE OF WORK Attachment A Section 1: Need The City of Kent, Washington is centrally located in the Puget Sound area. The City encompasses approximately 29 square miles. Kent is the fourth largest city within King County and the seventh largest city in the State of Washington with a resident population of over 85,000 and a daytime population of over 100,000. Kent is strategically located between both the Ports of Seattle and Tacoma, and has rail and truck transportation corridors that pass through the City There are also approximately 100 Hazardous Materials facilities that fall under the Emergency Planning and Community-Right-to-Know Act (EPCRA). The Olympic Pipeline also runs through the City. King County is divided into three distinct zones: Zone 1, 3 and 5 The City of Kent has established itself as a leader in Zone 3 which includes 16 cities The Director of Emergency Management for the City of Kent chairs the Zone 3 Emergency Managers Committee A disaster event is likely to be a regional event Kent must be able to coordinate with regional partners- Washington State EMD, King County Office of Emergency Management and surrounding cities and jurisdictions tTo respond to emergency events and disasters an Emergency Coordination Center (ECC) has been established The mission of the Emergency Coordination Center (ECC) is to provide the infrastructure for coordinating requests for assistance and resources in response to an incident affecting citywide, zone, county and state operations. Supporting the ECC and carrying out the responsibilities outlined in the City of Kent Comprehensive Emergency Management Plan (CEMP) each city department operates a Department Operations Center (DOC) Outlined in the CEMP is each DOCs responsibility Ten DOCs are located throughout the city. It is critical for effective disaster operations that each DOC is able to communicate and share information with the ' ECC and other DOCs. Currently the system for information sharing, tracking and processing resource requests is not timely or efficient Information is gathered by the ECC through the Message Center The Message Center uses a symposium phone system with five phones in addition to receiving faxes, email and radio communications. Every message is hand written and distributed to sections within the ECC Information is also tracked by entering the same information that is on the message form into large display boards in the ECC For documentation purposes that message information is also entered into a computer database Status boards can only be viewed by those physically in the planning section or by situation reports that are only given daily. The dynamics of a major event require more of a real time system. There is not a way for information to be simultaneously distributed and viewed by ECC representatives, DOC staff and outside agencies/jurisdictions. Resource requests and disaster response are delayed by the inefficient documentation process. In 2003, the City of Kent conducted a full scale exercise in conjunction with Top Off II. The after action report identified the need to improve message flow and information sharing. The City of Kent would like to implement a system that would allow users to share information and view up-to- date situation status WebEOC is the solution for the City of Kent to improve emergency operations and be interoperable with regional partners and agencies such as King County and Washington State EMD. Section 2: Project Description The City of Kent Emergency Management Division is applying for grant funds to "strengthen emergency ' response, mitigation, preparedness and coordination". EMPAG-SFY 07 Page 11 of 17 City of Kent EMD E07-079 Attachment A With funds received from this grant request Kent Emergency Management will enhance disaster coordination and response by purchasing and implementing the use of WebEOC software. WebEOC is online, interactive , software that provides real-time communications and updates for emergency events A large number of users can log-on to the system from any location Kent Emergency Management will work with a consultant that will provide the WebEOC software in a package that includes onsite installation and training. We will also purchase the necessary infrastructure to operate the system. The recommended system requirements include two computer servers and operating system software We will also purchase 10 laptop computers to be used in the ECC. Four laptops will be committed to the operations section. Critical disciplines include Police, Fire, Public Works and Parks The planning section would need four computers for: the planning section chief, situation unit leader, resource unit leader and documentation unit. One laptop would be used by the finance section and the Mayor's Leadership Team. City employees that are involved in disaster operations would be identified to attend a training session on the new system Our partners in Zone 3 would be invited and encouraged to attend training as well. WebEOC software is able to make a seamless connection to other systems. A key step in this project is establishing a connection with King County and Washington State EMD. City of Kent Information Technologies staff will install servers and provide continued system support Section 3: Performance Measures Our goal is to improve methods of resource requests and tracking, information sharing and communications by ' implementing WebEOC To document the success of this project we will follow the attached work plan Critical steps to completing the project include, Installation of computer servers and operating software Installation of WebEOC software Purchase of laptop computers for the ECC Conducting training sessions with employees that will staff the ECC and DOCs Activities will be documented in an activity log that identifies each task and the date the task is completed. To complete the project, Emergency Management staff will design and conduct an exercise that will test the system and give staff on opportunity to use the system from various locations. Section 4: Impact This award would have a profound impact on emergency operations within our City and beyond It is a long term solution to improve internal and external communications. The labor intensive process of hand writing messages and documenting would be no longer necessary. , Resource requests, information and disaster situation would be shared and viewed simultaneously by DOCs and ECC representatives Disaster responders would have access to up-to-the-minute information. Not only would WebEOC be of great benefit to the City of Kent, but the region as well Kent is the second , largest warehouse center on the west coast with multiple valuable resources available. Both King County and Washington State Emergency Management Division use WebEOC for their emergency operations The City of Kent will be able to integrate a system that is already in use by these agencies and other jurisdictions to assist in fulfilling resource requests EMPAG-SFY 07 Page 12 of 17 City of Kent EMD , E07-079 ' Section 5: Governance Attachment A Applicant Agent Jim Schneider, Director of Emergency Management Alternative Applicant Agent Dominic Marzano, Emergency Manager ' This project will be coordinated by Kent Emergency Management staff- Program Manager Brian Felczak and Program Coordinator Kimberly Behymer. ' Brian Felczak has been with the Kent Fire Department for over 25 years, the last six in Emergency Management He is tasked with overall maintenance and operations of the Emergency Coordination Center Brian developed and maintains the Emergency Coordination Center Operations Guide Kimberly Behymer has been with Kent Emergency Management for five years Her duties include staff support to the ECC and assisting with overall maintenance. She also developed and maintains the Message Center ' procedures. Both Brian and Kimberly have completed the Emergency Management Professional Development Series ' training courses. Section 6: Sustainability/Maintainability This project will improve our ability to timely and effectively communicate citywide from the time the system is implemented. The effects of this project will continue well after the grant period WebEOC will operate on a system owned and maintained by the City of Kent. The licenses are a one time purchase and do not require an annual fee. After implementation is complete, the system will be fully integrated into our emergency operations procedures and benefit the City of Kent, King County, Washington State EMD and surrounding jurisdiction when ever there is an emergency response ' EMPAG-SFY O7 Page 13 of 17 City of Kent EMD E07-079 Q �� (D w 0 N c w' m ca o '= Y a) -O > o Q ns onsa � o ' w to ,,,.,�, v a) 3 'O co U -p C a) Q cu 0O 000 O ' m a) a) In N r V N , O N U U O cu L O (D 3 a) f 0 a � 0 oa) c y L W 'C :I CCl) 0p m Q 0_ � — N — C ... `0 ly- a) a C a) +-' C W d) (6O -0C L) C 7) O (B a) � f4 La. CL6 YN L a) U 0 03 C y O � cu awa) � m� o e� a a v y a) lL 4 c Q ) , w o_ E cn IC, (0 co to , ON0 O co(n a) E E ( Co N co 0 O 7 >> O O L O i, C) L L O O 0 LL O O a) N 0) N N a) N N L > E O 7 3 Q) .a a) m E E .� a) .� E rn O p. 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We would like to continue to improve our capabilities. Kent Emergency Management applied for and received grant funds from the Emergency Management Preparedness Assistance Grant program through Washington State Military Department. With funds received from the Emergency Management Preparedness Assistance Grant, Emergency Management will enhance disaster coordination and response by purchasing and implementing the use of WebEOC software. ' WebEOC is online, interactive software that provides real-time communications and updates for emergency events. A large number of users can log-on to the system from any location and view incident information. This will improve communications within the Emergency Coordination Center and with Department Operation Centers Crisis Management Consulting is the sole regional vendor for WebEOC software. They also provide on-site installation and training. The cost of the WebEOC software packa®eyelvee VED sales tax, will be approximately $44,500. Ill ��CC1I JAN - 3 W i KENT FIRE DEPARTMENT Memorandum 1 Mayor Suzette Cooke December 14,2006 Page 2 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 interest of the City and that you authonze 1 the Fire Department to enter into direct negotiations with Crisis Management Consulting for the purchase of the WebEOC software 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. -74 Su Co ke, Mayor Da e 1 1 1 1 i 1 i 1 1 1 1 WebEOC: Estimate for Supporting ' Hardware/Software Total Estimated Support $ 33,750 Hardware/Software Cost iHardware $ 25,000 Description Price Quantity ,Cost ' HP Server 1 $ 5,000 2 $ 10,000 HP Laptop $ 1,500 10 $ 15,000 ' Software $ 81750 Description Price Quantity Cost Windows 2003 Server License $ 475 2 $ 950 ' SQL Server 2000 Standard Processor License $ 3,800 2 $ 7,600 Backup Exec License for server $ 100 2 $ 200 i Kent City Council Meeting Date February 20, 2007 Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCES FOR COUNCILMEMBERS ALBERTSON, CLARK AND THOMAS — APPROVE 2. SUMMARY STATEMENT: Approve an excused absence for Councilmembers Albertson, Clark and Thomas as they are unable to attend tonight's meeting 3. EXHIBITS: Memos 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: ' Council Agenda Item No 6D City Council Dr Deborah Ranniger, Council President Phone 253-856-5712 Fax 253-856-6712 K E N T W A s M I N G T o N Address 220 Fourth Avenue S Kent,WA 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Elizabeth Albertson, Councilmember DATE: February 06, 2007 SUBJECT: City Council Excused Absence I would like to request an excused absence from the February 20, 2007 City Council meeting. I will be unable to attend. Thank you for your consideration. Elizabeth Albertson JP City Council Dr Deborah Ranniger, Council President • Phone 253-856-5712 Fax 253-856-6712 K E N T W A 5 M I N G T a N Address 220 Fourth Avenue S Kent, WA 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Les Thomas, Councilmember DATE: February 07, 2007 SUBJECT: City Council Excused Absence I would like to request an excused absence from the February 20, 2007 City Council meeting. I will be unable to attend. Thank you for your consideration. Les Thomas .1P i City Council Dr Deborah Ranniger, Council President . Phone 253-856-5712 Fax 253-856-6712 KENT W n s n N c T o N Address 220 Fourth Avenue S Kent,WA 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Tim Clark, Councilmember DATE: February 06, 2007 SUBJECT: City Council Excused Absence I would like to request an excused absence from the February 20, 2007 City Council meeting. I will be unable to attend. Thank you for your consideration. Tim Clark .1P Kent City Council Meeting Date February 20, 2007 Category Consent Calendar 1. SUBJECT: FLEET SERVICES BUDGET ADJUSTMENT—AUTHORIZE 2. SUMMARY STATEMENT: Recommend Council approve a budget adjustment increasing the Police Department's General Fund by $28,753 to replace a wrecked police vehicle. In December 2006, Police Vehicle 3882B was involved in an accident in which the repair costs exceed the cost of the vehicle. Since the car was brand new, the Police Department is burdened with 3 years of rates without a usable vehicle before there is enough money in the fund to replace the car 3. EXHIBITS: Public Works memorandum 4 RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund General Amount $28,753.00 Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ICouncil Agenda Item No. 6E PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director KE1T1T Phone: 253-856-5500 W. S.[.GTON Fax. 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 February 6, 2007 To: Chair Tim Clark and Operations Committee Members From: Brad Haydock, Acting Fleet Superintendent Through: Larry Blanchard, Public Works Director Subject: Budget change to replace wrecked Patrol Car Motion: Move to recommend Council approve a budget adjustment increasing the Police Departments General Fund by $28,753 to replace a wrecked police vehicle. Summary: On December 06, 2006, police vehicle 3882B was involved in an accident in which the repair costs exceed the cost of the vehicle. This vehicle was only two (2) months old. We would like to replace this vehicle this calendar year rather than wait the three (3) year life cycle The vehicle rates are such that the police cars take 3 years of payments to accrue the cost of a new replacement police car. Since this car is brand new the Police Department will be burdened with 3 years of rates without a usable vehicle before there is enough money in the fund to replace the car. Budget Impact: General Fund adjustment increasing the Police Departments General Fund by $28,753. r Kent City Council Meeting Date February 20, 2007 Category Consent Calendar 1_ SUBJECT: HARBOR REACH BILL OF SALE — ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Harbor Reach for 9 watermain gate valves, 4 hydrants, 1,750 linear feet of watermam, 8 sanitary sewer manholes, 944 linear feet of sanitary sewer, 16 stonn manholes, and 1,444 linear feet of storm sewer The project is located at 23400 — 59" PI S. 3. EXHIBITS: Bill of Sale 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 $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda IItem No. 6F MAIL TO: ENGINEERNG DEPARTMENT PROJECT ENGINEER ATTN: 220 4TH AVENUE SOUTH KENT, WASHINGTON 98032 PROJECT: LOCATION: TAX ACCT NO: ,.'=G3L BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON 1 THIS INSTRUMENT made this day of etAAbt , 19 qS, by and between ar)c�o,r hereinafter called "Grantors", and CITY OF KENT, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That said Grantors for a valuable consideration, does hereby grant, bargain, and sell to the Grantee, the following described improvements: ti A. WATERMAINS: $to g t; with a total of an� gat valves at each, hydrants at �.� each and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc. ) 1y-a � 22.25 tI I cluding 2.101 linear feet at $ )�j,5D per LF of 6i,(size) -L., (type) waterline. B. SANITARY SEWERS: together with a total of p manholes at $ Q_ each and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc.) CITY OF � AMENDUM TO NIU4 OF SALE CITY OF ZINT , KINd COUNTY, W'A,SHINGTON The figures usad on the Bill of Sele for 4 project dated , were based On the "AS-Built" Engineering Plans dated 7/7b)l7 , for the same said Oftsaf- F=m projac't. 4 0ZI 45mrt4mg1.4 the undersigned P.E. or land Surveyor is the person responsible for the preparation of tha Bill of Sale and is an exployee of 'DODDS EMGItlerm _ lhicr the firm responsible for the preparation of the "As-Built' EnginserIng Drawings. 4,Lem. SS�gtiBt r Date: Tf7TW- P.m i Kent City Council Meeting Date February 20, 2007 Category Consent Calendar 1. SUBJECT: KENT STATION, PHASE II BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Kent Station Phase II for 2 sanitary sewer manholes, 519 linear feet of sanitary sewer, and 420 linear feet of streets. The project is located at 438 Ramsay Way. 3. EXHIBITS: Bill of Sale i4. 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 $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G Bill of Sale Page I of 3 KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: Ozzie CarrasQuilla 220 4TM AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT-Kent Station LOCATION Phase 2 TAX ACCf NO: BILL OF SALE " CITY OF KENT KING COUNTY,WASHINGTON 1 THIS INSTRUMENT made this Z3"" day of -�01111241L— 2006 ,by and between T 1Lr.4&oM- kan-r STA' tmn Pa 1( 66C. , hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,hereleaRercalled"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATF.RMAINS: together with a total of gate valves at S each, hydrants at S each and/or any other appurtenances thereto. FROM TO (street,esmt,etc) Including linear feet at S per LF of (size&type) waterline. B. SANITARY SEWERS: Together with a total of 2 manholes at $2.500 each and/or any other appurtenances thereto. ON FROM TM (street,esmt,etc) Kent Station Phase 2 Second Place 41h Avenue North Including 519 linear feet at S 80 per LF of 8-inch PVC (size&type) sewer line. C. STRF,F,TS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. N FROM TO (street,esmt,etc) West James 41h Avenue North Second Place Including 420 centerline LF at S 150 per LF of Curb. Gutter& Sidewalk (type)streets Feet asphalt roadway. Page I of 3 It 361 015 dm[241ftl Bill of Sale Bill of Sale Page 2 of 3 D. STORM SF.WF.RS: Together with a total of manholes at S_ each or a total of catch basins at S each, LF of biofiltraden swale or drainage ditch with a total cost of S , CF of detention pond storage with a total cost of S ,and I or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at S per LF of (size&type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all encumbrances;that all bills for labor and material have been paid;that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. INv�ITNEV WHEREOF a undersigned has caused this instrument to be executed on this „z3'• day of NMt ,2QQLO _, STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this d3 day of_,Jjjjj,21QLJ.before me,the undersigned A Notary Public in and for the State o ashington,duly commissioned and sworn,Personally appeared Ap 17.g ' to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that t�she signed and sealed this instrument a t! li ter free and voluntary act and deed for the Ines and purposes therein mention//e��d. r GIVEN under my hand and official seal this�_day of%TUA-q— 48: p1.g/~ts,lot ww� tl1 �;Q,g10N �' are 'Notary Public in and for the ,•ate A� y� State of Washington,residing at • OTAR 9 '� �'�.�r y: s N' PUBUG :2� tfr My Commission Expires �'•. • O_J Page 2 of 11361 ois dw ryaro61 Bill of Sale Bill of Sale Page 3 of 3 STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 20 before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me known to be the and respectively of the that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of .20 j 1 i Page 3 of 3 11361015 doc Ivsroel Bill of Sale • i KENT WASHINGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Kent Station Phase II project dated December 8. 2005 , were t based on the "As-Built" Engineering Plans dated September 11, 2006 ,for the same said Kent Station Phase II project. Ali Sadr the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers. Inc. , the firm responsible for the preparation of the "As-Built" Engineering Drawings. Signature 11361 018 doc) Kent City Council Meeting Date February 20. 2007 Category Consent Calendar 1. SUBJECT: KENT SCHOOL DISTRICT NO 415 BILL OF SALE— ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Kent School District #415 for 10 sanitary sewer manholes and 1250 linear feet of sanitary sewer. The project is located at 12037 S. 270" St 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure? NA Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H Pave t of KENT WASH I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN 220 4`T AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: LOCATION: TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY, WASMNGTON THIS INSTRUMENT made thisIday of,5_941M r 2003_,by and between_Kent School District#415 , hereinafter called "Grantors",and City of Kent,a municipal corporation of King County,State of Washington, hereinafter called "Grantee": IWITNESSETH: That the said Grantors for a valuable consideration,does hereby grant, bargain,sell to the Grantee the following described improvements: A. WATE MAINS: Together with a total of gate valves at$ each, hydrants at$ each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including Ilnear feet at $ per LF of (size) I (type) waterline. I 1 Page 2 of 4 B. SANITARY SEWERS: Together with a total of 10 manholes at $3000_each and/or any other appurtenances thereto. ON FROM TO Utility Intersection of 121"Place S.E. 260 feet North Easement and 272nd Street S.E. on Parcel #2822059048 Including 1250 linear feet at$ 45 per LF of 8" (size) PVC (type) sewer line. Including pavement restoration and connection costs totaling$ 7048 C. STREETS: together with curbs, gutters,sidewalks, and /or any other appurtenances thereto. ' ON FROM TO (street,esmt,etc.) Including centerline LF at $ per LF of (type) streets, feet asphalt roadway. D. STORMSEWERS: together with a total of manholes at$ each or a total of catch basins at$ each, _ --LF of bioCiltration swale or drainage ditch with a total cost of$ CF of detention pond storage with a total cost of$ , and/or any other appurtenances thereto. ON FROM TO (street,esni4 etc) Including linear feet at$ per LF of (size) (type)sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undefsigned hereby covenants that is is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demands of all persons. 2 Page 3 of 4 The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEROF,the undersigned has caused this instrument to be execute on this VIV, day of ✓ , W aLLV STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of�, �f1R , before me,the undersigned, A Notary Public in and for the State of Washington,duly commissioned and sworn, Personally appeared I f vZ A L- r' C r to me known to be the individual described in and w executed the foregoing instrument,and acknowledged to me that`he signed and sealed this instrument as U _free and voluntary act and deed for the uses and purposes therin mentioned. GIVEN under my hand and official seal this 1 day of V 0NT-1. �4KERs It Notary Public in and for the State of Washington,residing at C I n(� My Commission Expires: - Al 5 J OF STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of , 19 , before me, the undersigned,a Notary Public in and for the State of Washington, duly 1 commissioned and sworn,personally appeared and to me known to be the and 3 Page 4 of 4 respectively of the that executed the foregoing instrument, and acknowledged the said instrument to he the free and voluntary act and deed of said for the uses and purposes therin mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and offical seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington,on the day of . 19 4 KENT WASHINGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for_Kent Elementary School Site#30 project dated 9 //l43 , were based on the "As-Built'Engineering Plans dated_5/2001—CMB Architecture & Planning and 2/2000 Apex Engineering—, for the same said Kent Elementary School Site#30 project. _Amy Haugerud the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of RoseWater Engineering,Inc. The firm responsible for the preparation of the"As-Built"Engineering Drawings was CMB Architecture &Planning. tzic9 03 Signat Date: Amy .� f!f/uGE2uD , A G. !c/A Grcrtise. �'�i33�� �P?�s�of' t t Kent City Council Meeting Date February 20, 2007 Category Consent Calendar 1. SUBJECT: MILLBROOK HEIGHTS BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Millbrook Heights for 6 watermain gate valves, 2 hydrants, 315 linear feet of watermam, 6 sanitary sewer manholes, 790 linear feet of sanitary sewer, 310 linear feet of streets, 1 storm manhole, 17 catch basins, 26,394 cubic feet of detention pond storage, and 1,346 Linear feet of storm sewer The project is located at 26814— 120`h Ave SE. 3. EXHIBITS: Bill of Sale ' 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) r5 FISCAL IMPACT Expenditure" N/A Revenue? N/A I 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 r DISCUSSION: ACTION: Council Agenda Item No. 6I Bill of Sale Page 1 of 3 KEN T WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: Robert Hankins 220 4 AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Millbrook Heights LOCATION: 26814 120th Avenue S.E. TAX ACCT NO: 282205-9089 BILL OF SALE 1 CITY OF KENT KING COUNTY,WASHINGTON ' THIS)NSTRUMENT made this 3 rd day of S1hv%q4W4i 20 07 , by and between Orr;1 A002,,i 5 .Zv.G. , hereinafter called"Grantors", and City of Kent,a municipal corporation of King County,State of Washington,herinafter called"Grantee": 1 WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain, sell to Grantee the following described improvements: tA. WATERMAINS: together with a total of 6 gate valves at$ 800.00 each, 2 hydrants at$ 1,200 each and/or any other appurtenances thereto. iON FROM TO On-Site Private Road 120th Avenue S.E. End of on-site private road Including 315 linear feet at$30.00 per LF of 8-inch (size &type) ductile iron waterline. B. SAS NTTARX SEWERS: Together with a total of 6 manholes at $ 1,300.00 each and/or any other appurtenances thereto. ON FROM TO ' 120th Avenue S.E. and On-Site Private Road 120th Avenue S.E. thru on-site private road to Cottonwood Plat Including 790 linear feet at$25.00 per LF of 84nch (size& type) PVC SDR 35 sewer line. 1 C. TB�F Together with curbs, gutters,sidewalks,and/or any other appurtenances thereto. nwr canna ern Bill of Sale Page 2 of 3 ON FROM TO 120th Avenue S.E.,On-Site 120th Avenue S.E. East Private Road,S.E.270th Street Including 1,346 linear feet at S 15.00 per LF of 12-inch storm drain (size& type) ADS sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN W�✓I'T/NESS WHEREOF,the undersigned has caused this instrument to be executed on this 3 day of S&bn a 4/N ,20 07 STATE OF WASHINGTON ) ) SS COUNTY OF HING 2 ) On this ✓ day of IAA411AA.2 20 a"1 ,before me, the undersigned A Notary Public in an[�for the tat of Washington, duly commissioned and sworn,Personally appeared .JAM� %110144ok to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me , that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned.. GIVEN under my hand and official seal this day of—�r�'� 20 . Notary Public in aufffor the State of Washington, residing at 0 My ommission Expires:/l-/U-07 111111F`WAs��. STATE OF WASHINGTON ) )SS COUNTY OF IONG ) 1 Bill of Sale r Page 3 of 3 ■ Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the 1 State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and passed by the City Council of the City of Kent,King County,Washington, on the day of 120 l ' 1 I 1 1 1 L t I 1 r r KENT W A 3 H IN G T O N ADDENDUM TO BILL OF SALE CITY OF ICENT , ICING COUNTY, WASHINGTON The figures used on the Bill of Sale for Millbrook Heights project dated 7/l/05 , were based on the "As-Built" Engineering Plans dated 1/3/07 , for r the same said Millbrook Heights project. Hal P. Grubb the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc. , the firm responsible for the preparation of the"As-Built" Engineering Drawings. r Signature I r i 1 i 11137 019 doe r Kent City Council Meeting Date February 20, 2007 ICategory Consent Calendar 1. SUBJECT: MORGAN'S PLACE BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Morgans Place for 9 watermain gate valves, 2 hydrant, 1,916 linear feet of watermain, 8 sanitary sewer manholes, 1,694 linear feet of sanitary sewer, 1,523 linear feet of streets, 4 storm manholes, 21 catch basins, and 1,838 linear feet of storm sewer. The project is located at S. 237t' PI and 97"' Ave S. i 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) I5. FISCAL IMPACT Expenditure? N/A Revenue? N/A I Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i I DISCUSSION: ACTION: Council Agenda Item No. 6J rBill of Sale Page 1 of 1 r KENT WASHINGTON rMAIL TO: ENGINEERING DEPARTMENT ATTN-. 220 4 AVENUE SOUTH KENT,WASHINGTON 98032 PROTECT: Morgans Place &1:2;1 c. LOCATION: S. 237th P1. and rAve. S. TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 16 day of December 20 0 5 , by and between TLT Development, LLC hereinafter called"Grantors", and City of Kent, a municipal corporation of King County,State of Washington,herinafter called"Grantee": WITNESSETH: ' That the said Grantors for a valuable consideration,does hereby grant, bargain,sell to Grantee the following described improvements: A. WATTiR�MAINS: together with a total of 9 gate valves at$ '5 0 0.0 0 each, 2 hydrants at$ (94 OU each and/or any other appurtenamcesthereto. Oth Ave. S. , S. 237th P1. , S. 235th Pl. (Morgans Place) ON FROM TO (street, esmt, etc) Including 1916 linear feet at$ 18.00 per LF of 8 ' (size&type) waterline. $, SANITARY S .W .Rs: Together with a total of 8 manholes at S 800. 00 each and/or any other appurtenances thereto. S. 237th P1. , 97th Ave.S. , S. 235th P1. (Morgans Place) ON FROM TO (street, esmt, etc) Including 1694__w linear feet at$ 15. 00 per LF of 8 � Bill of Sale i Page 2 of 2 CF of detention pond storage with a total cost of$ . and/or any i other appurtenances thereto. 495 15.00 18" CPEP ON 49 FROM 50.00 TO 24" CONC (street,esmt, etc)320 14. 00 15" CPEP Including 974 linear feet at$ 13 . 00 per LF of 1 2" CPEP i (size &type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that It has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale Is given on consideration of the agreement of the Grantee for itself,its successors and assigns to Incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF, the undersigned has caused this Instrument to be executed on this 1Q+h. day of 20of_. i STATE OF WASHINGTON ) . )SS COUNTY OF KING ) On this I q day of 20 0.�,before me,the undersigned A Notary Public in#�nnd for the State of Washington,duly commissioned and sworn,Personally appeared~i'i gma.5 to me known to be the Individual described In and who executed the foregoing Instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of e 2005 , jNor ublic in and for the 0of Washington,residing at 444 OF'WAS�,__ My Commi sion Expires: 1 Bill of Sala Page 3 of 3 Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at 1 My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent,King County,Washington,on the day of 420 r i 1 1 - 1 1 1 1 t t 40 Ido�a* 1 KEN T W A S H I N G T O N 1 ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON ' The figures used on the Bill of Sale for Morgans Place project dated 6/14/05 ,were based on the "As-Built"Engineering Plans dated 6/0 9/0 5 . for 1 the same said Morgans Place project. Paul E. Morrow, PLS the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill , of Sale and is an employee of DMP, Inc. ,the firm responsible for the preparation of the"As-Built" Engineering Drawings. 4ti oMO WaSel.r. Sig ature <</ j Enri.rJ Kent City Council Meeting Date February 20, 2007 Category Consent Calendar 1. SUBJECT: NYSTRAND SHORT PLAT BILL OF SALE— ACCEPT I 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Nystrand Short Plat for 490 linear feet of sanitary sewer, 280 linear feet of streets, 2 storm manholes, 280 linear feet of biofiltratton swale, and 200 linear feet of storm sewer. The project is located at L23224 — 100`h Ave SE. 3. EXHIBITS: Bill of Sale 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 $ Unbudgeted Revenue. Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K MAIL TO: ENGINEERNG DEPARTMENT PROJECT ENGINEER ATTN: 220 4TH AVENUE SOUTH KENT, WASHINGTON 98032 LOCATION: TAX ACCT NO: ;? , d ✓ - =� 3 1 h�-G,&s BILL OF SALE RECEIVED rCITY OF KENT NOV 1 9 1998 KING COUNTY, WASHINGTON PROPERTY MANAGEMENT THIS INSTRUMENT made this 16 da of IC f/ , 19 / 4 , by and between te'he-reinafter called 1 "Grantors" , and CITY OF KENT, a munic pal corporation of King County, State of Washington, hereinafter called "Grantee": 1 WITNESSETH: That said Grantors for a valuable consideration, does hereby grant, ` bargain, and sell to the Grantee, the following described improvements: IA. WATERMAINS: together with a total of 19- gate valves at ' $ each, -�q- hydrants at $ each an or any other appurtenances thereto. ON FROM TO (street, esmt, etc.) Including linear feet at $ per LF of (size) (type) waterline. B. SANITARY SEWERS: together with a total of -�� manholes at $ each and/or any other appurtenances thereto. ' ON FROM TO (street, esmt, etc.) C. STREETS: together with curbs, gutters, sidewalks, and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc . ) , Z-3-7 `� OFF or- lbv �E 5-e r rix� 7 ..2Y0 Including 2 �'�' centerline LF at $ O O'b per LF of Ci"t5� (type) streets, 2 Q'o feet asphalt roadway. D. STORM SEWERS: together with a total of mw4t� at , $ each or catch basins at each, -),Oo LF of biofiltration Swale or drainage ditch with a total cost of $ 2ia w .P' CF of detention pond storage with a total cost of $ and/or any other appurtenances thereto. ON FROM TO , (street, esmt, etc. ) to D Ave, S bic Iuding �—V 0 linear feet at $_-0 per LF of !(size) ` type) sewer line. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that is is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same as aforesaid; that it will warrant and defend the same against the lawful claims and f demands of all persons. The Bill of Sale is given in consideration of the agreement of the Grantee ' for itself, its successors and assigns to incorporate said utilities in its IN WIT WH OF, the under 1"d has caused thi instrument to be executed on fi is day of 9i� G 19 • STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this q day of 19 q t , before me, the undersigned, a Notary Public in and for a Stater Washington, duly commissioned and sworn, personally appeared��u�c��— to me known to be the individual described in and who execute the foregoing instrument, and acknowledged to me that he signed and sealed this said instrument as J o, free and voluntary act and deed for the uses and purposes therein mentioned. ((�� GIVEM under my hand and official seal this day of 19 Notary Public in and for the St to of Washington, residing at My Commission Expires: STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 19 before me, the undersigned, bli a Notary Puc in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the and respectively of the that executed the foregoing instrument, and acknowledged t e said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State o MAIL TO: ' ENGINEERNG DEPARTMENT PROJECT ENGINEER ATTN: 220 4TH AVENUE SOUTH KENT, WASHINGTON 98032 PROJECT: ')u ,- r j� , LOCATION: TAX ACCT NO: BILL OF SALE RECEIVE CITY OF KENT NOV 19 1998 KING COUNTY, WASHINGTON PROPERN 4ANEN-1 r THIS INSTRUMENT made this 116 d71n,414457dxA� '�h of (�lll/ 197J, by and ' between Ke�after called "Grantors" , and CITY OF KENT, a munic pal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: , That said Grantors for a valuable consideration, does hereby grant, bargain, and sell to the Grantee, the following described improvements: f A. WATERMAINS: together with a total of l— gate valves at $ each, —gP— hyy rants at $ each and/or any other appurtenances thereto. , ON FROM TO (street, esmt, etc. ) Including linear feet at $ per LF of (size) (type) waterline. ' B. SANITARY SEWERS: together with a total of manholes at ' S each and/or any other appurtenances thereto. ON FROM TO ' (street, esmt, etc.) C. TRS EETS: together with curbs, gutters, sidewalks, and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc . ) 237 f e OFF o �a v � S' / pi^oX� t�� ,2s=6 4' Including Z U centerline LF at $ d eb per LF of L"/ S (type) streets, -Z c> feet asphalt roadway. D. STORM SEWERS: together with a total of -Or � at $ each or catch basins at $--I�_ each, ,,O o LF of biofiltration swale or drainage ditch with a total cost of $ 2'-0 cx> -P;' CF of detention pond storage with a total cost of $ and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc. ) o I cluding �—o 0 linear feet at $� per LF of __(size) �; L, (type) sewer line. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that is is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for ' labor and material have been paid; that it has the right to sell the same as aforesaid; that it will warrant and defend the same against the lawful claims and demands of all persons. ' The Bill of Sale is given in consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its IN WIT ESS WH OF, the undergtArrpd has caused this_instrument to be 1 executed on •h i s day of �e G 19 STATE OF WASIIINGTON ) , ))SS COUNTY OF KING On this day of 19 yt , before me, the undersigned, a Notary Public in and for lRe State rpf Washington, duly ! commissioned and sworn, personally appeared �,� Y� v-e- n o�� ■ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed and sealed this , said instrument as free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 19 1 Notary Public in and for t e State of Washington, residing at My Commission Expires: / - STATE OF WASHINGTON ASS , COUNTY OF KING On this day of 19 , before me, the undersigned, , a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the and respectively of the , that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath ' stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of ' Washington, residing at Kent City Council Meeting Date February 20, 2007 Category Consent Calendar 1 1. SUBJECT: SAFEGUARD PHASE III BILL OF SALE—ACCEPT ' 2. SUMMARY STATEMENT: Accept the Bill of Sale for Safeguard Phase II for 8 watermain gate valves, 3 hydrants, and 1,2601mear feet of watermam. The project is located at 330 Washington Ave N. 1 3. EXHIBITS: Bill of Sale a4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 N/A Revenue? N/A 1 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 Bill of Sale ' Pagel of 3 KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ' ATTN: 220 4rH AVENUE SOUTH KENT,WASHINGTON 98032 ' PROJECT: LOCATION: -3t' TAX ACCT NO: 51156,1).0 — e) : G BILL OF SALE CITY OF KENT ' KING COUNTY,WASHINGTON THIS INSTRUMENT made this / day of r6 --�� 20 by and ' between PlenNn,cn -s /Ac./c-F,oTS LcC-- f , hereinafter called"Grantors", and City of Kent,a municipal corporation of King County,State of Washington,herinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. together with a total of gate valves at$ �!G��. n each, 1,3 hydrants at$�each and/or any other appurtenances thereto. ON FROM TO (street,esmt, etc) Including 1 2 Ll C linear feet at$ :31J oa per LF of I Ell,. ' (size&type) waterline. B. SANITARY SEWERS: Together with a total of N/A manholes at ' $ A-IM each and/or any other appurtenances thereto. ON FROM TO ' (street,esmt,etc) Including N 4 linear feet at$ '? per LF of N14 (size&type) ^1/.4 sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances Bill of Sale ' Page 2 of 3 ' Z9'CF of detention pond storage with a total cost of$ ,and/or any other appurtenances thereto. ' ON FROM TO (street, esmt, etc) Including ' linear feet at$ — per LF of (size & type) — sewer line. To have and to hold the same to the said Grantee, its successors and assigns forever. ' The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that It has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNASS WHEREOF,the undersigned has caused this instrument to be executed on this /S— day of Af ,20 O 4, ' STATE OF WASHINGTON ) ) SS COUNTY OF KING ) ' On this day of bl ,20 O(� ,before me,the undersigned A Notary Public in al�d for the State of Washington,duly commissioned and , sworn,Personally appeared D^rg YWI-CAP*J5 to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 106 rk day of Ttily 20 06 ' Notary Public in and for the State of Washington,residing at It, 09,1o\�G6or= y tlfili1W My Commission Expires: [.T 1 TT AT•tt.[VT ilk Wt \ Bill of Sale Page 3 of 3 Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County, Washington, on the day of , 20 r Kent City Council Meeting Date February 20, 2007 Category Consent Calendar ' 1. SUBJECT: SCARSELLA SHORT PLAT BILL OF SALE— ACCEPT ' 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Scarsella Short Plat for 5 watermain gate valves, 1 hydrants, 610 linear feet of watermam, 5 sanitary sewer manholes, 766 linear feet of sanitary sewer, 3 storm manholes, 5 catch basins, 12,616 cubic feet of detention pond storage, and 503 linear feet of storm sewer. The project is located at 11330 SE 240`" St 1 3. EXHIBITS: Bill of Sale ' 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) r5. FISCAL IMPACT Expenditure's N/A Revenue? N/A Currently in the Budget? Yes No If no: ' Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 1 ' DISCUSSION: ACTION: ' Council Agenda Item No. 6M Bill of Sale Page I of 3 ENT W A 5 H I N 0 T 0 N MAIL TO: ENGINEERING DEPARTMENT ATM; 220 4n AVENUE SOUTH KENT,WASHINGTON 98032 / PROJECT: �e�tir C( 1A, LOCATION: 4 G rti St TAX ACCT NO: BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of 20 ,by and between hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,herinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATERMAINS; together with a total of 5 gate valves at$7 50 each, 1 hydrants at$3500 each and/or any other appurtenances thereto. 1 B.0. $ro b-F— 1 ARV $ 500 ON FROM TO (street,esmt, etc) Including 610 linear feet at$ $3 0 per LF of e (size&type) duct�3e irorWaterline. B. SANITARY SEWERS; Together with a total of 5 manholes at $ 1500 each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including 7 6 6 linear feet at S $20 per LF of 8 (size& type) PVC sewer line. Bill of Sale Page 2 of 3 1 2, 61 6 CF of detention pond storage with a total cost of$ 3 0, 0 0 0 , and/or any other appurtenances thereto. ON FROM TO ' (street,esmt,etc) Including 503 linear feet at$ 24 per LF of 12" (size&type) PVC sewer line. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it Is the lawful owner of said property; and that the same Is free from all encumbrances; that all bills for labor and material have been paid; that It has the right to sell the same aforesaid; that it will warrant and defend the same against the a lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to Incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. ' IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this day of .20 i STATE OF WASHINGTON ) t ) SS COUNTY OF KING ) ' On this day of .20 ,before me, the undersigned A Notary Public In and for the State of Washington, duly commissioned and , sworn,Personally appeared to me known to be the Individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of Washington, residing at 1 My Commission Expires: Bill of Sale Page 3 of 3 Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and passed by the City Council of the City of Kent,King County,Washington, on the day of_ 120 140 KEN T WASH ( NGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON , The figures used on the Bill of Sale for Scarsel la Short Plat project dated 7/2 0/0 6 were based on the"As-Built" Engineering Plans dated 7/2 0/0 6 ,for the same said Scarsella Short Plat project. Mel Daley the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Daley-Morrow-Poblete, Inc. ,the firm responsible for the preparation of the"As-Built" Engineering Drawings. �v I Signature Kent City Council Meeting Date February 20, 2007 Category Consent Calendar 1. SUBJECT: WILSON SHORT PLAT BILL OF SALE —ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Wilson Short Plat for 150 linear feet of sanitary sewer, 650 linear feet of streets, 2 storm manholes, 6 catch basins, 120 linear feet of biofiltration swale, 4,692 cubic feet of detention pond storage, Iand 825 linear feet of storm sewer. The project is located at 22718 — 95`" Ave S. 3. EXHIBITS: Bill of Sale 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 $ Unbudgeted Revenue- Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N CI;Y 0 MAIL To: NOV 0 8 1999 ENGINEERNG UEPARTMEWjiGINEERING DEPT PROJECT ENGINEER ATiN: 220 4—TIT AVENUE SOUTfI KENT, WASHINGTON 98032 PROJECT: WiLSo1v SHaI?T lqlir LOCATION: 47°/41,. . 225'ySr, TAX ACCT NO: -* 7.s/ BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON FIIIS INSTRUMENT made this day of 191,,9 , by and between hereinafter called "Grantors" , and CITY OF KENT, a municipal corporation of King County, State of Washington, hereinafter called "Grantee" : WITNESSET11: That said Grantors for a valuable consideration, does hereby grant, bargain, and sell to the Grantee, the following described improvements: A. WATERI4A[NS: together with a total of �_ gate valves at $ each, hy�c rants at $ each an or--any appurtenances thereto. ON FROM TO (street, esmt, etc. ) Including waterline. linear feet at $ per LF of (size) (type) ' Q. SANITARY SEWERS: together with a total of manholes at $ each and/or any other r appurtenances thereto. oN FROM '10 (street, esmt, etc. ) C. STREETS: LogeLher with curbs, guLLers, sidewalks, and/or any other appurtenances thereto. ON FROM TO (street, esmL, etc . ) S. 228 7W ST & 947 X a s, S/�a //o/v /too To Including (�S4 cenLerline LF at $0 per LF of CU15S8" (type) streets, feet asphalt roadway. 14S1o///1L7- 18 /'R04b LAND z iv7;i/LS S�TO /-7111S O/i�i?L�7Y 7o C71 PAR G//x /1y aF7,1/L SJ' /JLUS Sh//DE .S/!)E1111l . Gr//TN ✓6FI7/CAL CO/��G'FTF �vRG3 . O. STORM SEWERS: together with a total of 2manholes at $ i 00 — each #F- catch basins at 75-B.--- each, x G' 12 0 LF of biofiltration swale or drainage ditch with a total cost of $ 3aoo — , 96912 CF of detention pond storage with a total cost of $ op -3 and/or any other appurtenances thereto. ON ROM TO (street, esmt, etc. ) O/VS/ TC : f/iOL/G 1--'7/4 /Ty 7- geT/1�1GT �G /�LOn/G S;;7-0 l F/>!�1 tilFi1/T /�LO�t/6 S 2Q� Ifs,fT R C7 Iv Including �2S linear feet at $ 2S per LF of 12- (size) i°VG (type) sewer line. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that is is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same as aforesaid; that it will warrant and defend the same against the lawful claims and demands of all persons. The Bill of Sale is given in consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this ____01;� day of Nnfren-,6ev- 19 STATE OF WASHINGTON ) )SS COUNTY OF KING j IOn this 4 day of AjalmZej, 19 9 S before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared scSc7(� 14 GJ;-1<6V to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that ,le- sk signed and sealed this said instrument as �7 e'✓ free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of : 'isr�cn�y9�y u m.9 N a Pub an for the State o N07ARy N % * = �— �. Washington, residing at !-/'C try', PUBLIC My Commission Expires 28, STATE OF WASHINGTON j )SS COUNTY OF KING On this day of 19 before me, the undersigned, a Notary PuM c in ana or tie State of Washin4T-on, duly commissioned and sworn, personally appeared and to me known to be the and respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said ___ for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Waell;nnfnn racirl1nn 3f l CITY OF � � ADDENDUtf TO DILL OF SALE 1 0 Mo CI'PY OF KGNT KING COUNTY, WASHI"NGTON The figures used on the Bill of Sale for VV/LSOV % /4/7T project dated were based on the "- �-i=')Engineering Planes dated for the same said `✓/LS��� �s/oPr" 101-4 project . ��%Moivy �9�v �7E� �OES7 the Undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of ,c-9S L/lnil� �v/Z YE' s�d/1S the firm responsible for the preparation of thee//--Bai !� Engineer /� ing Drawings . 1 ?y ur Flvr ,Qf<IL 12F5 Tf///7 SA/D F1602.t-5 ARE 4APROXIN47,E6. Signai6re Date: M558 y jKent City Council Meeting Date February 20, 2007 Category Consent Calendar I. SUBJECT: MALCOLM DRILLING BILL OF SALE— ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Malcom Drilling for 2 watermain gate valves, I hydrant, 134 linear feet of watermain, 2 sanitary sewer manholes, and 192 linear feet of sanitary sewer. The project is located at the Southeast corner of S. 192"a Street and East Valley Highway. 3. EXHIBITS: Bill. of Sale 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 $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds LDISCUSSION: ACTION: Council Agenda Item No. 60 Bill of Sale Page I of 3 440 i KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN:Ozzie Carrasquilla 220 4 AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT:Malcolm Drilling SEC of 192nd St. & LOCATION:East Valley Highway TAX ACCT NO: 062205-9165 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 1st day of February 2005 ,by and between , hereinafter called "Grantors",and City of Kent,a municipal corporation of King County,State of Washington,herinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant, bargain,sell to Grantee the following described improvements: A. WAIF MAINS: together with a total of 2 gate valves at$ 1,000 each,_ I hydrants at$ 2,500 each and/or any other ' appurtenances thereto. ON S. 192nd Avenue FROM Sta. 9 + 86 TO 11 + 20 (street,esmt,etc) Including 134 linear feet at$ 40 per LF of 8�� (size& type) D.1. waterline. B. SANITARY SEWERS: Together with a total of 2 manholes at $2,500 each and/or any other appurtenances thereto. ON FROM TO (street,@MAetc) Including 192 linear feet at S 50 per LF of 8�� (size& type) PVC sewer line. C. ST EUS: Together with curbs,gutters,sidewalks,and I or any other appurtenances thereto. Bill of Sale Page 2 of 3 CF of detention pond storage with a total cost of$ ,and/or any other appurtenances thereto. ON FROM TO i (street,esmt, etc) Including linear feet at$ per LF of (size& type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this of runnl ,20�_• r STATE OF WASHINGTON ) i )SS COUNTY OF KING ) On this_.2k4 _ day of ,2005 ,before me, the undersigned A Notary Public in and for the State hf Washington,duly commissioned and sworn,Personally appeared A .T. :�bh lt. So r.1 to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to roe that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this A�h day of It10 rua-nA 2005 t�r y o ��� 'rT at Public in nd for the �,t , Y -1 .4a tat of Washington, residing at S r^fQ'Z�� �Mtr/-lam i-o1�1.1 is l,�`•w.,..3.�' U.�i,;, a i 'fzzY'�+�r1Uttl x`o� My Commission Expires:12 13107 STATE OF WASHINGTON ) Bill of Sale IPage 3 of 3 Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at I My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 i t 1 i i I i 1 i KENT W A S H I N G T O N ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Malcolm Drilling project dated 7-13-2004 ,were based on the "As-Built" Engineering Plans dated 2-1-2005 ,for the same said Malcolm Drilling project. Ali Sadr the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc. , the firm responsible for the preparation of the "As-Built" Engineering Drawings. Signature i i ! I AF.238 doo Kent City Council Meeting Date February 20, 2007 Category Consent Calendar 1. SUBJECT: EARTH TECH, INC. CONSULTANT SERVICES AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant services agreement with Earth Tech, Inc. in an amount not to exceed $49,250, upon concurrence of the language there in by the City Attorney and Public Works Director The City Council and Mayor approved a new position in 2007 for a Project Coordinator, whose duties would eliminate the need for this contract in the future. The Consultant Agreement is needed for a Project Coordinator to supply essential engineering services until a full-time person can be hired. 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue. Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6P t PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KENT Phone: 253-856-5500 N, S H I G70 M Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 4, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 05, 2007 From: Peter Tenerelli, Construction Engineering Manager Through: Larry Blanchard, Public Works Director Subject. Consultant Services Agreement - Earth Tech, Inc. ITEM 2 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the Earth Tech, Inc. Consultant Services Agreement in the amount not to exceed $49,250, upon concurrence of the language therein by the City Attorney and Public Works Director. Will document be required? ❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules 8, Regulations: City Policy 1.1.1 (Procurement); 1.1.4 (Written Requests for Bids); 1.1.10 (Waiver of Written Request for Bids). Background/History: Earth Tech Inc., had been supplying essential engineering services to the Construction Engineering Unit in 2006. The original contract was for $90,000 and was to expire December 31, 2006. The contract ending date was extended to March 31, 2007 in anticipation of continuing need through the first quarter of the New Year, however, the initial amount of the contract is insufficient to cover the necessary expenses. The City Council and Mayor approved a new position in 2007 for a Project Coordinator, whose duties would eliminate the need for this contract in the future. However, the recruiting/advertising/ hiring and training process is time consuming, to the extent that various projects now under construction and soon to be advertised; and under construction, would be in jeopardy of not receiving timely t processing of submittals, responses to engineering questions and other related Project Coordination. This could precipitate delay in claims and other costly change orders not otherwise allowed for in the cost of construction contract administration. Earth Tech Inc., personnel are already intimately familiar with City of Kent's construction. It would not be practical nor cost effective to bring in another consultant and have to train them in our u IPWComnrmeelAc nnnpug'10071PWC 02 03 07 do i practices and bring them up to speed on current projects, when what we ultimately seek, is for the current consultant (Earth Tech Inc.) to train our new Project Coordinator Summary: The consultant services agreement for Earth Tech, Inc in the amount of $49,250 is needed for a Pro}ect Coordinator to review approve and process construction material submittals and supply essential professional engineering services to keep us in compliance with (FHWA) Federal Highway Administration and (WSDOT) Washington State Department of Transportation documentation rules. This contract is for interim (contracted) services while the City goes through the recruitment and hiring process to hire an in-house person to perform these duties on a full-time basis. That process is under way Recommendations: Recommend authorization for the Mayor to sign the consultant contract agreement and establish a budget. i u WWCmnmateA4ctwnPagV10071PWC 01 05 07 dac 1 i �.>' KENT Wns +iec,roa t CONSULTANT SERVICES AGREEMENT between the City of Dent and Earth Tech Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Earth Tech Inc. organized under the laws of the State of Washington, located and doing business at 10300 NE Sth Street, Suite 700, Bellevue, WA 95004, Phone (425) 693-1137/Fax- (425) 453-9470, Contact Buan Russell (hereinafter the "Consultant") I. DESCRIPTION Or WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide construction project coordination support services for 2007 projects. For a list of projects, see the Scope of Work which is attached as Exhibit A and incorporated by this reference Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The patties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreerent, Consultant shalt provide services described in Section I by December 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Nine Thousand, Two Hundred Fifty Dollars ($49,250 00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) through December 31, 2007. The Consultant's billing rates shall be as delineated in Exhibit A B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will i nuuedtately m ake every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- t (01'er$10,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor=� Employer Relationship will be created by this Agreement and that the Consultant has the ability to control ant direct the performance and details of its work, the City being nrt in only the results obtained under dul Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon piovidmg the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After temunatron, the City may take possession. of all records and data within the Consultant's possession pertaining to this projcct, which may be used by the City without restriction. If the City's use of Cosultant's records or data is nor related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the luring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the attached Compliance Statement VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of� this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent junsdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages ansing out of bodily injury to persons or darnages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or tennination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exlubit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any infonnation supplied by it to Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Aoreentent shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request The cit_y's use or reuse of any of the documents, data and files created by Consultant for tilts protect by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S R IGTIT OF INSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must in eet the approval o f the City and shall be subject to the C ity's general right of inspection to secure satisfactory completion XII. WORT{ PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Consultant shall have the right to inspect the work area assigned for use by the Consultant. If there are safety concerns the Consultant will identify the issues to the City XIH. MISCELLANEOUS PROVISIONS. A. Reevelable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach The failure of the City to insist upon strict performance of ally of the covenants and agreements contained in this Agreement. or to exercise any option conferred by tins Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Ding 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' perforinanee of this Agreement, each party shall pay all its legal costs and attorneys fees incurred in defending or bringing such claim or lamsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to mdemiuiicatioii under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of marling by registered or certified marl, and shall be deenned sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. CONSULTANT SERVICES AGREEMENT-3 (Over$10.000) E. Assrannrent Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assigmnent, the terms of this Agreement shall continue m full force and effect and no further assignment shall be made withou additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreernents shall be binding unless in wuting and signed by a duly authmiz,ed representative of the City and Consultant. G. Entire Agreement. The written provisions and terns of this Agreement, together with an Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of tlrl City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained m this Agreement, the terms of this Agreement shall pievarl H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and munlcipall laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and persoruiel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the fast date entered below. CONSULTANT-i CITY OF KENT: By By: (tgealu+ (stgaanae) Print Name Y1uv� �C�o�e� PrmtName: Suzette Cooke lts V1. c Ores f4c .& Its Mavor (Fide) (ride) DATE: 1 12 yLzc.1u1 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Bnan Russell Larry R, Blanchard Earth Tech Inc. City of Kent 10800 NE 8th St., Suite 700 220 Fourth Avenue South Bellevue, WA 98004 Kent, WA 98032 (425) 698-1137 (telephone) (253) 856-5500 (telephone) (425) 453-9470 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: I Kent Law Department Earth Tech,2007 Project Coordinattoa/Tenerelli CONSULTANT SERVICES AGREEMENT-4 (Ot,e)-$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY iThe City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractoi s and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment oppoitiunty policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows- 1 I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I,the prime contractor, will actively consider hiring and promotion of women and mmo,wes. 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 410-91_day of /ah r , 200 -;L By. _ C ;;14.A For: F8l-k Title: 1/66 Date: z A7,9 Lio�z EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 12 EFFECTIVE DATE- January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES. April 1, 1996 CONTRACTORS APPROVED BY Jim (lute, 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 oppoilnmty within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps, 1 Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for piornotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and ! equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. I. 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. i 1 EEO COMPLIANCE DOCURIENTS-2 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date)—, between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 1200_ Bv: For: Title: Date: i EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A Scope of Work City of Kent— Engineering Division Project Coordination Services 2007 Project Desciiplion: Provide Construction Project Coordmation Services City of Kent Project Numbers:(See Exhibit A attachment) Services for the period: 01/01/07 to 12/31/07 Estimate for Task I Constriction Project Support Set vices Eat th Tech Field office rates (All work performed at City qf Kent usitig City facrhties,corrrputers and equipment) Labor Cost Hours Rate Cost Dan Romel InspectorCoordmatot 480 $ 77.78 $ 37,33412 Michael Hatley Inspector Coordinator $ 9328 $ Lindsey Smith Office Coordinator $ 48.48 $ - Mike Salley Sr Engineer 96 $ 107.50 $ 10,31965 Total Earth Tech Field Labor Task 1 $ 47,653.78 Earth Tech flotne office rates(Mork per formed at ET offices using ET facilities and equipment) Labor Cost Hours Rate Cost Bryan Auschka Sr Project Manager 2 $ 134 61 $ 26923 Caya Sanzdesantamaria Office coordinator t0 $ 6006 $ 60060 Total Earth Tech Inane office Labor Task 1 $ 869.83 ReimbursableEzpenses(est) Misc Printing/Reproduction/Photos $ 10000 Plots(IIx17). Cell phone $ 30000 Monthly cost @ I00/month Postage/Shipping/Dehveries $ 7640 Mileage $ 25000 (Based upon cut rent IRS rate) Expenses billed at cost plus 10%mark up Total Reimbursable Expenses(est) $ 726.40 Task I Services $ 49,250 00 Total Contract $ 49,250.00 i i 1/23/2007 EARTH TECH INC. EXHIBIT A (Attachment) Scope of Work City of Kent—Enbincering Division Project Coordination Services 2-1007 IServices for the Period: O1/O1/07 through 12/31/07 1 ' Project Description: Provide Intenm Project Coordination Services for 2007 City of Kent Project Numbers: Existing. (2006/2007) 87-3007 S. 228'h Corridor et at New (2007): 05-3004 1161h St. Improvements(SE 256"' to KK) 02-3013 BNSF Grade Separation 01-3014 Lake Meridian Outlet 06- 3002 LID 360—S E. 227`h San Sewer 05-3008 Earthworks Dam Safety 05-3012 Upper Meridian Creek Culvert 07-3001 Miscellaneous Asphalt Overlays 03-3009 84t" St. (SR 167—S. 212"' St) Mise, Capital Improvement Projects i I i i 1 i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance ' against claims for injuries to pet sons or damage to propertywhtch may arise from or in connection with the pej fomnance 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 Light litv nisuiance covering all owned, non-owned, hired and ' leased vehicles Coverage shall be written on Insurance Services Office (ISO) foim 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 Liabilitv 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 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 withrespect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage 3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilitv insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liabilitv insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. r EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance 1. The Contractor's insurance coverage shall be primary insui ance as respect the City Any Insurance, self-insurance, or Insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not 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 perfornied 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 review a certified copy of all required insurance policies at Contractor's office. 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 AM Best rating of not less than IA:VII_ E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors rContractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for I subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. l I i 1 tKent City Council Meeting Date February 20, 2007 Category Consent Calendar 1. SUBJECT: SOUND TRANSIT TRANSPORTATION AMENDMENT RE PIONEER STREET —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Third Amendment to the Transportation Improvement Agreement between the Central Puget Sound Transit Authority and the City of Kent for the amount of$76,063.18. The $76,063.18 is the extra amount received from King County for this project that we are required to surplus to Sound Transit per the agreement. This third amendment is to clarify and settle the obligations and payments for the complete work 1 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? 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. 6Q PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director KEN T Phone: 253-856-5500 WASHINGTON Fax: 253-856-6500 1 Address: 220 Fourth Avenue S. 1 Kent, WA 98032-5895 Date: January 30, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 5, 2007 From: Tim LaPorte, City Engineer Through: Larry Blanchard, Public Works Director Subject: Third Amendment to the Transportation Improvement Agreement Between the Central Puget Sound Regional Transit Authority and the City of Kent ITEM 3 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the Third Amendment to the Transportation Improvement Agreement Between the Central Puget Sound Transit Authority and the City of Kent for the amount of $76,063.18 Will document be required? ❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: Summary: The City and Sound Transit entered into a Transportation Improvement Agreement on April 7, 1999 which addressed various transportation improvements for the development of the Sound Transit Commuter Rail Station as part of Sound Transit's Conditional Use Permit. Two amendments followed and were executed to clarify the scope and timing of the work for the various improvements, and resolve the payment and other obligations of each Party. The City has completed all of the improvement projects required under the agreement, as amended, except for the half-street improvements on 1st Avenue N. and believes it is in the best interests of the Parties and the public to defer the completion of that project until development plans for the immediate area is further considered and coordinated by the City. I The City received and applied a portion of a federal Intelligent Transportation System Grant to construct a left-turn pocket from eastbound Smith Street onto northbound Railroad Avenue U PWComm,ttmtAaionPag¢doo t which are third party funds that are required to be shared with Sound Transit in accordance with ' the Agreement, as amended. Due to various complexities in developing and implementing the scope of work and timing of the street improvements project on Pioneer Street between Railroad and Central Avenues, the Parties had different understandings of their respective obligations for that particular improvement project. This third amendment is to clarify and settle the obligations and payments for the completed work. Recommendations: Recommend authorization for the Mayor to sign the Third Amendment to the Transportation Improvement Agreement between the Central Puget Sound Regional Transit Authority and the City of Kent. t 1 1 1 1 1 1 1 1 U TWComma/eeUcnonPage doc i THIRD AMENDMENT TO THE TRANSPORTATION IMPROVEMENT AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF KENT THIS THIRD AMENDMENT to the Transportation Improvement Agreement is made between the City of Kent, a Washington municipal corporation ("City"), and the Central Puget Sound Regional Transit Authority ("Sound Transit") WITNESSETH: WHEREAS, the City and Sound Transit entered into a Transportation Improvement Agreement ("Agreement"), dated April 7, 1999, that addressed various transportation improvements that were required by the City as part of Sound Transit's Conditional Use Permit for the development of the Sound Transit Commuter Rail Station in Kent; and WHEREAS, the Agreement was amended by the First Amendment, dated May 12, 2000, ("First Amendment") and the Second Amendment, dated June 18, 2003, ("Second Amendment") respectively, to clarify the scope and timing of the work for the various improvements and to resolve the payment or other obligations of each Party; and WHEREAS, the City has completed all of the improvement projects required under the Agreement, as amended, except for the one project for half-street improvements on 15C Avenue N. and believes it is in the best interests of the Parties and the public to defer the completion of that one improvement project until development plans for the immediate area are further 1 considered and coordinated by the City; and WHEREAS, the City received and applied a portion of a federal Intelligent Transportation System Grant ("Grant") to the construction of the left-turn pocket from eastbound Smith Street onto northbound Railroad Avenue, which are third party funds that are required to be shared with Sound Transit in accordance with the Agreement, as amended, and 1 WHEREAS, due to various complexities in developing and implementing the scope of work and timing of the street improvements project on Pioneer Street between Railroad and Central Avenues, the Parties now desire to clarify and finally settle the obligations and payments for the completed work. NOW THEREFORE, in consideration of the mutual intent, desire and promises of the parties and other good and valuable consideration, the City and Sound Transit agree as follows: 1. The City hereby certifies that it has completed all of the improvement projects listed in Section 4 of the Second Amendment, except for the second listed item ' relating to half-street improvements on 1st Avenue N. between W. Smith and W. Temperance Streets, and that the City has made final payments on all completed work. 2. The City will complete the outstanding half-street improvements on 1st Avenue N between W. Smith and W. Temperance Streets, which are more particularly described below and in the Plans and Specifications, attached and incorporated as Exhibit A, no later than June 30, 2008. The City will widen the roadway and install curb, gutter and sidewalk on ' the west side of 15C Avenue N. The roadway will be widened with asphalt concrete pavement approximately 16 feet to the west of the existing THIRD AMENDMENT TO TRANSPORTATION IMPROVEMENT AGREEMENT- 1 (Gry ofKenl and Sound Dome) concrete roadway and will include any necessary storm drainage. The new widening, curb, gutter and 10-foot wide sidewalk will extend from the northerly edge of the existing curb return on the NW corner of W. , Smith Street and Ist Avenue N. and extend approximately 390 feet and match into the existing sidewalk on the south side of W. Temperance Street with a 30-foot radius at the SW corner of lst Avenue N. and W. Temperance Street. The improvements will also include street lighting. 3. The City will make a total and final payment of $76,063.18 to Sound Transit within 30 days of the effective date of this Third Amendment, which reflects the Parties' final agreement and settlement of obligations related to the sharing of third party funds as specified below: A. Pursuant to Section 9 of the Second Amendment, the City owes t Sound Transit a total of$8,619, which is an equal share of the $17,238 in federal Intelligent Transportation System Grant funds that the City received and applied towards the total cost of $81,600 for the left-turn pocket from eastbound Smith Street onto northbound Railroad Avenue. B. The Parties agree that the City will pay $67,444.18 to Sound Transit, which is a share of King County Metro Transit Division funds that the City received and applied towards the street improvements project on Pioneer Street between Railroad and Central Avenues. 4. The Parties agree that the completed improvements on Pioneer Street between Railroad and Central Avenues meet the requirements of the improvement project under the Agreement, as amended, and that together with the payment , described in Paragraph 3B above, constitute full and final resolution and settlement of all obligations or payments owing between the Parties related to the street improvements project on Pioneer Street. The Parties acknowledge that various complexities in the right of way acquisition, funding availability, and the development of the scope and timing of the work for this improvement project resulted in both Parties having unclear understandings of their respective obligations for the work. Consequently, the full street improvements were completed, in part, pursuant to this Agreement, as amended, and in part, pursuant to a separate and independent Agreement between the City and King County Metro Transit Division. Pursuant to that separate agreement, the City received and applied King County Metro Transit Division funds to the widening of Pioneer Street. Because the King County Metro Transit Division funds were applied to work originally contemplated in this Agreement, as amended, and because the use of the third party funds for this work meets the intent of the third party fund sharing obligations under the Agreement, the Parties agree that these funds are appropriately shared as specified above. Except as specifically amended by this Third Amendment, all remaining provisions of the Agreement, as amended, will remain in full force and effect. THIRD AMENDMENT TO TRANSPORTATION IMPROVEMENT AGREEMENT-2 (Cay of Kent and Sowrd Transit) i IN WITNESS, the Parties have executed this Third Amendment to the Transportation Improvement Agreement as of the last date written below. CITY OF KENT: SOUND TRANSIT: i i By: By: Suzette Cooke, Mayor Joan M. Earl, Executive Director Date: Date: ATTEST: ATTEST: Brenda Jacober, City Clerk Title: APPROVED AS TO FORM APPROVED AS TO FORM: Kristin Lamson, Assistant City Attorney Jordan Wagner, Legal Counsel 1 1 1 I THIRD AMENDMENT TO TRANSPORTATION IMPROVEMENT AGREEMENT-3 (City of Kent and Sound Z an%d) Kent City Council Meeting Date February 20, 2007 ' Category Consent Calendar I. SUBJECT: AMBULANCE SERVICES AGREEMENTS — CHANGE ORDERS TO EXTEND TERM —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Change Orders with American Medical Response and Tri-Med Ambulance, L.L.C. to extend the term of the original Ambulance Services Agreements for an additional three years through IApril 30, 2010. In May 2004, the City entered into three year contracts with American Medical Response and Tri-Med Ambulance, L.L.C. to provide basic life support ambulance services in the City of Kent The current term expires on April 30, 2007 The Fire I Department is pleased with the current working relationship with these two ambulance companies and has requested Council authorize the Change Orders and extend the tern through April 30, 2010, subject to the original terms and conditions of the Basic Life 1 Support Ambulance Services Agreements 1 3. EXHIBITS: Change Orders and original Agreement 4. RECOMMENDED BY: Public Safety Committee 2/13/07 & City Attorney (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds tDISCUSSION: ACTION: Council Agenda Item No. 6R LAW DEPARTMENT Tom Brubaker, City Attorney ' • Phone: 253-856-5770 K E N T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 February 13, 2007 tTo: Public Safety Committee From: Arthur "Pat" Fitzpatrick, Deputy City Attorney Regarding: Ambulance Services Agreements - Change Orders to Extend Term MOTION: Recommend council authorize the Mayor to sign Change Orders with American Medical Response and Tri-Med Ambulance, L.L.C. to extend the term of the original Ambulance Services Agreements for an additional three years through April 30, 2010. SUMMARY: In May 2004, the City entered into three year contracts with American Medical Response and Tri-Med Ambulance, L.L.C. to provide basic life support ambulance services in the city of Kent. The current term expires on April 30, 2007. The Fire Department is pleased with the current working relationship with these two ambulance companies and has requests council authorize the Change Orders and extend the term through April 30, 2010, subject to the original terms and conditions of the Basic Life Support Ambulance Services Agreements. BUDGET IMPACT: ' None. ' 1 KENT _W n 5 H I.G T O M_ CHANGE ORDER NO. 1 TO EMERGENCY AND BASIC LIFE SUPPORT AMBULANCE SERVICES AGREEMENT 1 (between Cary of Kent and American Medical Response) THIS CHANGE ORDER NO 1 ("Change Order")is made between the CITY OF KENT,a Washington municipal corporation("City"),and AMERICAN MEDICAL RESPONSE,a Delaware corporation ("Contractor"). 1. RECITALS 1.1 The parties entered into an Emergency and Basic Life Support Ambulance Services Agreement("Agreement")on May 10,2004,wherein the City agreed to contract with Contractor for it to provide basic life support transport services 24 hours per day, 365 days per year within the primary coverage area outlined in Section 5 1 of the Agreement and as defined in Exhibit A to that Agreement 1.2 The initial term of the Agreement was for a period of three years with an option to renew the Agreement for two additional one year terms The initial term of the Agreement expires on April 30, 2007. The parties have been pleased with the current working relationship and Agreement terms and wish to renew the Agreement for an additional three years,in accordance with the same provisions set forth in the original Agreement, except as modified within this Change Order II. CHANGE ORDER NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Contractor agree as follows ' 2.1 Term. Section 1 of the Agreement is hereby modified as follows: 1. Term. The initial term of this Agreement shall be was three(3)years from the effective date of May 1, 2004 Prior to termination of the Agreement's initial term, the parties agreed to extend the term an additional three years through April 30, 2010-4y-, -at-Rs se4e disc ttai may Fenew this Agreement.mot for two (2) additional one (1 ' The rer:e,yffll shall be e pleted upon e�ieeution of a ,.,Jden lum by all paFtIeS.- ' 2.2 Insurance. According to City records, Contractor's insurance policy will expire on September 1, 2007 As a condition of entering into this Change Order and prior to the current policy's expiration, Contractor shall provide the City with an updated Certificate of Insurance evidencing insurance coverage in the types and amounts set forth in the original Agreement through CHANGE ORDER NO 1 Page 1 the extended term granted by this Change Order. In addition, Contractor shall also provide an endorsement naming the City as an additional insured under the Contractor's coverage for the duration of the Agreement, as extended by this Change Order 2.3 Remaining Provisions Except as specifically amended by this Change Order, all remaining provisions of the Agreement shall remain in full force and effect IN WITNESS, the parties have executed this Change Order No 1, which shall become effective on the last date executed below. AMERICAN MEDICAL RESPONSE CITY OF KENT: By- By: Print Name: Print Name Suzette Cooke Title Title- Mayor Date Date- APPROVED AS TO FORM. By: City of Kent Law Department ATTEST: By- ,Brenda Jacober, City Clerk P`(inlSNv`AtlFibSmngeq]ESNmaxmMMRnpnx{MngQhbx CHANGE ORDER NO 1 Page 2 KENT CHANGE ORDER NO. 1 TO EMERGENCY AND BASIC LIFE SUPPORT AMBULANCE SERVICES AGREEMENT (between City of Kent and Trn-Med Ambulance,L L.C.) THIS CHANGE ORDER NO 1 ("Change Order")is made between the CITY OF KENT,a Washington municipal corporation("City"),and TRI-MED AMBULANCE,L.L C.,a Washington corporation ("Contractor"). I. RECITALS 1.1 The parties entered into an Emergency and Basic Life Support Ambulance Services Agreement("Agreement")on May 7, 2004,wherein the City agreed to contract with Contractor for it to provide basic life support transport services 24 hours per day, 365 days per year within the primary coverage area outlined in Section 5.1 of the Agreement and as defined in Exhibit A to that Agreement. 1.2 The initial term of the Agreement was for a period of three years with an option to renew the Agreement for two additional one year terms. The initial term of the Agreement expires on April 30, 2007. The parties have been pleased with the current working relationship and Agreement terms and wish to renew the Agreement for an additional three years, in accordance with the same provisions set forth in the original Agreement, except as modified within this Change Order II. CHANGE ORDER NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Contractor agree as follows: 2.1 Term. Section 1 of the Agreement is hereby modified as follows• 1. Term. The initial term of this Agreement she was three(3)years from the effective date of May 1, 2004 Prior to termination of the Agreement's initial term, the parties agreed to extend the term an additional three years through April 30, 2010. Ggy a e IITTGT 4Zl Oi , may renew this Agreement for twe (2) addittenal Otte (1) The, e,,,.,1 Shall he completed upon exeetition ,.F.,.-, 4.i.i1841.7..m by a par-ties. ' 2.2 Insurance According to City records, Contractor's insurance policy will expire on November 22, 2007. As a condition of entering into this Change Order and prior to the current policy's expiration, Contractor shall provide the City with an updated Certificate of Insurance evidencing insurance coverage in the types and amounts set forth in the original Agreement through CHANGE ORDER NO I Page 1 the extended term granted by this Change Order. In addition, Contractor shall also provide an endorsement naming the City as an additional insured under the Contractor's coverage for the duration of the Agreement, as extended by this Change Order. 23 Remaining Provisions Except as specifically amended by this Change Order, all remaining provisions of the Agreement shall remain in full force and effect IN WITNESS, the parties have executed this Change Order No. 1, which shall become effective on the last date executed below TRI-MED AMBULANCE, L.L.C. CITY OF KENT: ' By: By. ' Print Name: Print Name: Suzette Cooke Title- Title Mayor Date. Date- APPROVED AS TO FORM: By City of Kent Law Department ATTEST , By- Brenda Jacober, City Clerk P''LinlFibxOetlF4.Aup`OlD\TnNeNmMWnaiT®ye(hJn Jrc CHANGE ORDER NO 1 Page 2 KENT WwSHi"a T o" Emergency and Basic Life Support Ambulance Services Agreement between the City of Kent and 7re'— itl� ' This Agreement is made this 18t day of May, 2004, (the "Effective Date"), by and b-etwe n the City of Kent, a Washington municipal corporation (the "City"), and Tri-Med, a WW ill corporation (the "Contractor") RECITALS 1 The Kent Fire Department ("KFD") is the first responder for all 9-1-1 calls and ' performs tnage and interrogation of all patients that utilize the 9-1-1 system within the City and the area served by King County Fire District No 37 ("KCFD No 37"). ' 2 Advance Life Support ("ALS") services within the City are provided by King County Medic 1 3 The City desires to enter into an Agreement with the Contractor to provide Basic Life Support ("BLS") transport services 24 hours per day, 365 days per year within the primary coverage area as set forth in section 5 1 of this Agreement and as further defined in Exhibit "A" 1 The BLS transport service shall be provided when requested by KFD AGREEMENT ' 1. Term. The term of this Agreement shall be three (3) years from the effective date of May 1, 2004. The City, at its sole discretion, may renew this Agreement for two (2) ' additional one (1) year terms, each upon terms and conditions satisfactory to the City The renewal shall be completed upon execution of an addendum by all parties 2. Definitions. For the purposes of clarity and consistency, the following words shall have the following meanings in this Agreement, unless the context clearly requires a different meaning ' 21 "Ambulance Unit" means the vehicle and personnel provided by the Contractor responding to a request for BLS service 2.2 "At Scene Time" means the point in time when the ambulance unit reports it is physically stopped at the correct scene In situations where the unit has been ' directed to respond to a location other than the scene, e g , staging areas for hazardous materials/violent crime incidents, or non-secured scenes, "at scene time" shall be the point in time the ambulance unit reports it has arrived at the designated staging location. In instances when an ambulance unit fails to report when it has arrived "at scene," "at scene time" shall mean the point in time of the first communication or status transmission from the scene by that ambulance unit Emergency and Basic Life Support Ambulance Services Agreement- 1 ' (APM 24 2004) 2.3 "Business License Clerk" means such City employees or agents as the Mayor shall designate to issue and administer business licenses under the Kent City Code, or any designee thereof 2.4 "City" means the City of Kent and includes the Kent Fire Department. 25 "Contract Administrator' shall mean the City's Chief of Emergency Medical ' Services 26 "Contractor" means any person, corporation, or other legal entity that operates ' an ambulance for hire and in compliance with federal, state, county, and City rules and regulations. 2.7 "Emergency and Non-Emergency BLS Services" means basic life support ' services provided in support of KFD, which are the subject of this Agreement 28 "Fire Department" or "Department" means the Kent Fire Department and ' includes the City 2.9 "Fire Official" means the Fire Chief or the Fire Chiefs designee. ' 210 "Incident Commander' means the Kent Fire Department person in charge of the emergency response at an incident 211 "Performance Standards" are those standards as required in section 5 of the , Agreement 2 12 "Region" means the geographical boundaries of King County, Washington. ' 213 "Request Received" means the point in time when the incident address is confirmed by the Contractor's dispatcher 214 "Response Time" means the time interval from the time when the Contractors ' dispatcher receives a request for service to the time an ambulance unit arrives at the scene of the incident. , 215 "Unit Hours" means amount of time calculated in hours that a fully staffed and equipped apparatus is available for service 3. Business Licensina and Ch. 6.11 of the Kent City Code. Ch 5.11 KCC, as now enacted or hereafter amended, shall apply for the duration of this Agreement. The Contractor shall obtain and maintain a City business license and shall meet all conditions of Ch 5 11 KCC throughout the duration of this Agreement A true and correct copy of Ch 5 11 KCC, as currently enacted, is attached as Exhibit "B " 4. Volume of Business. The City does not guarantee a volume of business Actual ' volume will be depend upon demand for services and the Contractor's performance Emergency and Basic Life Support Ambulance Services Agreement-2 (Apnl 28,2004) ' ! S. Scope of Services — Performance Standards. ' 51 Primary Coverage Area The Contractor shall provide BLS transport services for the East section of f wwHl the area served by the City as defined in Exhibit A of this Agreement ! 52 Patient Care Performance 5 2 1 Standards. The Contractor shall continuously meet or exceed the patient care performance standards as provided by State law and the most current King County Patient Care Guidelines for Basic Life ' Support Additionally, the Contractor shall have its own Medical Direction Program In the event there are conflicts among these standards, the controlling standard shall be State law, then the King ! County Patient Care Guidelines, and then the Contractor's Medical Direction Program ' 5 2.2 Transport Protocols. The Contractor shall adhere to KFD transport protocols for services performed under this Agreement 5 2.2.1 The Contractor agrees that it is the responsibility of KFD to ' provide rapid initial BLS response to all requests for medical assistance and advanced field life support to medical emergencies within the City Except when authorized by KFD, ! the Contractor shall not provide rapid initial response or advance life support to medical emergencies within the City ' 5.2.2.2 When the Contractor arrives at an incident scene in response to a KFD request, the Contractor's personnel shall report to the incident commander, or his/her designee, in charge of the ' emergency who shall, when appropriate, designate the mode of transportation and the hospital to be utilized Patients in a life- threatening or potentially life-threatening condition shall be ' transported to area hospitals as directed by KFD. 5.223 The Contractor shall immediately request the services of KFD and, if appropriate, King County Medic 1, it if the Contractor receives a citizen request for emergency medical assistance In the event that a non-life-threatening emergency being handled by the Contractor becomes an emergency requiring the services of an ALS technician, the Contractor shall immediately request the services of KFD ' 5.23 Liquidated Damages. In the event the Contractor fails to meet or exceed patient care performance standards and transport protocols, the Contractor shall pay the City liquidated damages as described in ' section 8 ! Emergency and Basic We Support Ambulance Services Agreement-3 (Apn!28,2004) 524 Patient Care Performance Standards Monitoring The Contractor shall ' ensure its personnel complete documents related to responses and patient care, including, but not limited to, Pre-hospital Care Reports ' (PCRs), Against Medical Advice Summary Audits (AMA), and ambulance response failure/unusual occurrence forms Such documents shall be made available to the City upon request. The ' Contractor shall provide to KFD by the 10'h day of each calendar month a report summarizing its patient care performance during the preceding month. Monthly during the first three months of operation, and quarterly thereafter, the Contractor and KFD shall meet to discuss matters of concern and to review adherence to patient care performance standards and transport protocols The purpose of these , meetings will be to maintain open and proactive communications, resolve problems, and to provide an arena to confer about patient care performance on the part of the Contractor or KFD 53 Response Time Performance. 53.1 Standards Every calendar month, the Contractor shall meet or exceed , the following standards within its primary coverage the area as set forth in Exhibit A Response times shall be measured in minutes and ' seconds, and shall be timed-stamped by the Contractor's computer aided dispatch (CAD) system 5.3.1.1 Emergency Incident Response Performance Standard. The ' Contractor shall respond to ninety percent (90%) of all requests within 9 minutes, 59 seconds; provided, this requirement shall , not apply in the event that the Contractor is requested to arrive on scene by utilizing a "code yellow" status The maximum response time is 14 minutes, 59 seconds on any request 5.32 Liquidated Damages In the event the Contractor's response time does ' not fall within the emergency Incident response performance standard, and the City does not grant an exemption to the delay or non-response, ' the Contractor shall pay to the City liquidated damages as described in section 8 533 Performance Incentive During a calendar month and in the event the ' Contractor meets or exceeds a ninety-five percent (95%) response rate in its primary coverage area, KFD shall waive liquidated damages described in section 8 1 and 8.2 for that month; provided, that during that month KFD has not performed BLS transport due to the Contractor exceeding the maximum response time, failing to respond, fading to , properly staff or equip unit, failing to report on-scene, or for mechanical failure. Emergency and Basic Life Support Ambulance Services Agreement-4 (ApM 28.2004) ' 5.3 4 Exemption to Response Time Performance Standards. The Contractor may apply and KFD may grant exemptions to response time performance standards in situations beyond the Contractor's control that cause unavoidable delays or no response KFD shall examine each request for exemption and shall take into consideration the Contractor's staffing levels, dispatch times, in-service times, traffic, street blockages, severe weather, and other influencing factors If KFD determines the circumstances warrant, KFD shall grant an exemption of the response from the performance standards To be eligible for such an exemption, the Contractor shall apply for the exemption with supporting documentation no later than the month following the month of the occurrence The following subsections describe situations where KFD may grant an exemption 5.3.4 1 Multiple Unit Response. In the event two (2) or more units are simultaneously committed to one (1) incident, the first arriving unit shall be held to the response time standard. KFD shall grant an exemption for each unit starting with the second unit ' provided the additional units arrive at the scene within 20 minutes. 5 3.4.2 Concurrent Responses. In the event three (3) or more units are simultaneously committed to one (1) incident, and two (2) or more additional units are concurrently responding to at least two (2) other separate incidents, KFD shall grant an exemption for each unit starting with the third unit 5.3 4.3 Declared Disaster. In the event an emergency is declared as defined by Ch 43 06 RCW, KFD shall grant an exemption for all units during the declared emergency. 5344 Canceled Request. In the event a request is canceled prior to or at the unit's arrival on scene for reasons other than exceeding the maximum response time standard, KFD shall grant an exemption 5345 Response Location Errors In the event KFD provides an inaccurate address, or if the location does not exist, KFD shall grant a response time exemption, except if the incorrect response is the result of an error made by Contractor's personnel, in that event KFD shall not grant an exemption 5346 Response Location Change. In the event KFD changes the incident location and the change delays the unit's response time because the unit must reroute farther than one (1) city block to respond to the call, KFD shall grant an exemption 5.347 Response Delayed by Accident In the event the unit is involved in an accident and cannot continue to respond to the call, KFD will grant an exemption provided the accident is not the fault of the ambulance unit Emergency and Basic Life Support Ambulance Services Agreement-5 (April 28, 2004) 5348 Response Requested to Area Outside Primary Coverage Area In the event the City requests the Contractor respond to an area outside of Its primary coverage area, KFD shall grant an exemption to the Emergency Response Performance Standard on the condition that the Contractor use diligence to respond to the scene within a reasonable time 5.35 Response Time Performance Monitoring The Contractor shall provide to KFD by the 10 day of each calendar month, a report detailing its response time performance for its primary coverage area, as designated in Exhibit A, during the preceding month and any applications for exemptions The Contractor shall document each instance wherein a response resulted in a response time in excess of the response performance standard, and shall detail the reason for such delayed response time Contractor shall take all steps necessary to eliminate causes of poor response time performance and upon request shall provide the City with a summary of such corrective actions. 54 Inquiries and Complaints. The Contractor shall provide prompt written responses and follow-up to inquiries and complaints. Such responses shall be subject to the limitations imposed by patient confidentiality restrictions Contractor shall provide to KFD by the 101h day of each calendar month a list of all complaints received and their respective dispositions Copies of such complaints will be made available to the City upon request Any complaint received by the City shall be forwarded to the Contractor for action, and the Contractor shall forward the disposition of the incident to the City within twenty- one (21) days of receipt. 55 Dispatch and Communications. 5 5 1 Contractor's Dispatch/Communications Equipment and Personnel The Contractor shall furnish, operate, maintain, and replace or upgrade its dispatch and communications equipment, radios, telephone equipment, computer aided dispatch system equipment, including hardware and software, and all other equipment and software necessary for its provision of emergency BLS services ' 5.5.2 Computer Aided Dispatching The Contractor shall utilize a CAD system to record dispatch information for all requests for services Contractor's CAD system shall generate, either automatically or through manual entry, a dispatch record using generally accepted coding conventions and time-stamping rules. The City may require dispatch information to be provided on diskette or modem download for integration and review. The Contractor shall ensure that all dispatching and communications with its ambulance units is conducted in a manner that meets or exceeds all federal, state, and local requirements, including KFD's policies and procedures. Emergency and Basic Life Support Ambulance Services Agreement•6 (April 28.2004) If, upon the effective date of this Agreement, the Contractor does not utilize an acceptable CAD system, it shall, no later than six (6) months after the effective date of the Agreement obtain and fully utilize an acceptable CAD system The failure of the Contractor to obtain and utilize a CAD system within the time period provided in this subsection shall result in liquidated damages as provided in section 8 5 5 3 Dispatch Communications The Contractor shall record and maintain for a minimum of 365 days by tape or other voice recording media all radio and telephone communications with and between persons or agencies requesting ambulance service, its units, personnel, and the Valley Communications Center, including time track Such recordings and records shall be made available to the City upon request 554 Emergency Alerting Devices The Contractor shall equip each ambulance unit with installed radio communications equipment capable of notifying ambulance personnel of response needs In addition, each ambulance unit shall contain at least one (1) portable two-way radio to provide the driver or attendant with alerting and two-way communications capabilities when away from the ambulance unit 55.5 The Contractor shall not refuse to transport any person, when such person is determined by the KFD Incident Commander to fall under the category of having a life-threatening, potentially life-threatening, or other medical emergency Charges for services shall be made only to a patient actually transported by Contractor Under no circumstances shall the City have any liability whatsoever for the Contractor's transportation of the patient, or cost incurred by the Contractor whether or not they transport 55.6 The Contractor shall transport a patient to the nearest hospital capable of providing the needed emergency medical services, or to a hospital of the patient's choice If a specific hospital is designated by hospital Control in a multiple casualty incident or by a paramedic or higher medical authority at the scene of the emergency, the Contractor shall transport the patient to that facility. All patients in life-threatening, potentially life-threatening, or other serious medical emergencies may ' be transported to area hospitals by KFD aid units, medic units, or ambulances as determined by the KFD Incident Commander 557 The Contractor shall not install or operate any device or means on its units that can be utilized to control traffic signaling devices, including, but not limited, to Opticoms 5 6 Vehicle Markings and Advertising Restrictions. Markings on ambulance units shall not include seven (7) or ten (10) digit phone numbers or other advertising. The only telephone number allowed is "9-1-1" The Contractor's standard logo, including its name, is permitted. Temporary display applications must be approved by KFD prior to use Emergency and Banc Life Support Ambulance Services Agreement-7 (April 2a,2004) 5.7 Equipment Maintenance. 5 7 1 The Contractor shall be solely responsible for furnishing all equipment and parts for the maintenance of vehicles, on board equipment, supplies, and facilities used by the Contractor in performance of its work. 5 7 2 All equipment and supplies used by the Contractor must meet and comply with all standards established by federal, state, and local laws, rules, and regulations 57.3 The Contractor shall be responsible for its radio system, channel selection, securing, authorization for use, and the proper operation of the radio system. 5.8 Contractor's Personnel. 58.1 Staffing For each ambulance unit responding to requests for BLS service, the Contractor shall have at least two (2) personnel who are certified and accredited as Emergency Medical Technicians-B ("EMT- B") 5.8.2 Character and Competence of Personnel. The Contractor shall ensure that its personnel conduct themselves in a professional and courteous manner The Contractor's personnel shall be competent and shall hold all required licenses, permits and certificates in their respective trades or professions The Contractor's personnel shall wear uniforms that clearly identify the Contractor's business name as well as the name of the particular employee. All personnel shall have a neat, clean appearance, shall be courteous to patients, shall refrain from unprofessional conduct or the use of foul language, and shall abide by all applicable federal, state, and City laws and regulations. The City may demand the removal of any employee or subcontractor of Contractor, subject to appropriate investigation and determination, for misconduct or incompetent or negligent performance Such persons shall not be allowed to perform services under this contract without the written consent of the City 59 Outside Work. The Contractor may do other work within the City limits (e g , , scheduled transports, non-ambulance medical transportation, special event standby coverage, HMO/Government contract work, etc ); provided, the outside work does not negatively affect the Contractor's peak load capacity, disaster readiness, and overall efficiency, and does not detract from the Contractor's primary service responsibilities to the City 510 Back-up Work The Contractor may provide back-up ambulance services outside of the City limits, but shall not utilize the equipment, personnel, or resources, which are the subject of this contract, for providing primary ambulance coverage outside the City limits Emergency and Basic Life Support Ambulance Services Agreement-8 (Apnl 28,2004) L 5 11 Maior Emeraencv and Disaster Response within the City and KCFD 37 Limits 511.1 Maior Emer-gency or Disaster Declared In the event the Fire Chief determines there is a major emergency or disaster, KFD may notify the Contractor that the normal course of business under the Agreement may be interrupted Immediately upon such notification, the Contractor shall commit such resources as are requested by KFD, given the nature of the incident, and shall assist in accordance with applicable disaster plans and protocols 511 2 Response Time Performance Standards The Contractor shall be released by the City from response time performance standards and liquidated damages, until notified by the City, that such disaster assistance may be terminated; provided, however, that the Contractor shall use due diligence to respond to the scene in an expeditious manner. 5 11 3 City — First Priority The Contractor acknowledges that the City is entering into an Agreement with the Contractor for the benefit of the public. The Contractor shall consider the City as a customer of its first priority and shall make its best effort to provide emergency and non- emergency BLS services to the City in a timely manner. The Contractor shall develop a mechanism for the immediate recall of personnel to staff units during multi-casualty situations, times of peak overload, or major emergency and disaster situations This plan shall include the ability of the Contractor to alert off-duty personnel 5.11.4 Maior Emergency or Disaster Terminated When major emergency or disaster assistance has been terminated, the Contractor shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking, and other relevant considerations 512 Incident Response to Other Local Jurisdictions In the event the Kent Fire Official determines an incident affects a local or neighboring jurisdiction, KFD may notify the Contractor that the normal course of business under the Agreement may be interrupted Immediately upon such notification, the Contractor may commit such resources as are requested by KFD, given the nature of the incident, and shall assist in accordance with disaster plans and protocols applicable in the locality where the disaster has occurred Normal (i.e , not disaster related) mutual aid or multi-casualty incident assistance rendered by the Contractor shall be performed in accordance with approved instant aid/mutual aid agreements, and EMS agency policies and procedures In the course of rendering such instant aid/mutual aid services, the Contractor shall not automatically be exempt from response time standards otherwise imposed by this Agreement The Contractor shall manage any response to such instant aid/mutual aid requests in a manner that does not jeopardize the Contractor's ability to render response time performance as required herein Emergency and Basic Life Support Ambulance Services Agreement-9 (Apn!28,2M) 513 Local Administrative Office The Contractor shall maintain an administrative office within twenty miles of KFD Headquarters, which is located at 24611 116" Av SE Kent, WA 98030 514 Inspections 5141 Examination and Audit of Records At any time during normal business hours and as often as may reasonably be deemed necessary, City representatives and the EMS Medical Director(s) may observe the Contractor's operations. Additionally, the Contractor shall make available for examination and audit, all contracts, invoices, materials, payrolls, inventory records, records of personnel (with the exception of confidential personnel records), daily logs, conditions of employment, all operational and procedure policy manuals, excerpts or transcripts from such records, all relevant fiscal records and other data related to all matters covered by this contract 5.142 Observe Operations and Ride Along City representatives and the EMS Chief, may, at any time, and without notification, directly observe Contractor's operation of its EMS Communications Center, maintenance facility, and any ambulance post location A City representative and the EMS Chief, may, after providing at least five minutes notice, ride as third person on any of the Contractor's ambulance units, provided however, that in exercising this right to inspection and observation, such representatives shall conduct themselves in a professional and courteous manner, shall not interfere in any way with Contractors personnel in the performance of their duties and contractual responsibilities, and shall, at all times, be respectful of Contractor's employer/employee relationship. 5 14 3 Time and Notification. The City's right to observe and inspect Contractor's business office operations or records shall be restricted to normal business hours, and reasonable notification shall be given by Contractor in advance of any such visit. 5 14 4 Cooperation. The Contractor will cooperate with and respond to the KFD, it's EMS Chief and the City on all matters related to the provision of emergency and non-emergency BLS ambulance services 515 Billing. Collect►ons, and Reporting. The Contractor shall be responsible for all billing and collection functions related to services rendered pursuant to this Agreement The Contractor shall perform all such billing and collection functions in a professional and courteous manner and in accordance with applicable federal, state, and local laws, regulations, procedures and policies including, without limitation, collection and credit reporting laws The Contractor will not attempt to collect fees at the scene, in route, or upon delivery of the patient to a health facility for services rendered Emergency and Basic Life Support Ambulance Services Agreement-10 (Apn128,,2004) 6. Contractor Rates. 61 Compensation The Contractor's sole financial compensation for services rendered under this Agreement shall be the rates billed and collected from patients and responsible third parties The City, local taxes, or subsidies shall not fund any services provided by Contractor 62 Rates to be Filed. The Contractor shall file with the City Clerk and the Fire Official its schedule of rates to be charged for services during the period of this Agreement The schedule of rates shall be a matter of pubiic record open to public inspection in the City Clerk's Office The schedule of rates must be adhered to by the Contractor If rates are periodically adjusted during the business license period, they must be filed with the City Clerk. 7. Contractor Payments to the City. 71 Monthly Payment By the 101h day of every calendar month, the Contractor shall make a payment of $3,000 per month to the City The first payment shall be due on May 10, 2004. Payment shall be made payable to the "City of Kent" to cover the City's costs of administering this Agreement Such costs include, but are not limited to, the following: 71 1 The City's costs associated with monitoring Contractor's compliance with this Agreement, and 7.12 The City's incremental costs associated with medical control 72 Adjusted for Inflation. The monthly payment amount shall be annually adjusted on the anniversary of the Effective Date of this Agreement using the preceding calendar year's annual Consumer Price Index for all urban consumers Seattle- Tacoma-Bremerton metropolitan area, All items (1982-1984 = 100), as determined by the US. Department of Labor, Bureau of Labor Statistics, to eliminate the effects of inflation On the annual anniversary date of this Agreement, the City shall provide the Contractor with a letter delineating the bases for the monthly payments in order satisfy Medicare requirements 8. Liguidated Damages. This Agreement provides for the payment of liquidated damages in certain circumstances of non-performance, breach, and default Each party agrees that the damaged party's actual damages in each such circumstance would be difficult or impossible to ascertain, and that the liquidated damages provided for herein with respect to each such circumstance are intended to place the damaged party in the same economic position as it would have been in had the circumstance not occurred Nothing in this section shall be construed to limit any remedies, including termination, provided for herein with respect to any non-performance, breach, or default by the Contractor Each and every call that does not adhere to the scope of services - performance standards shall first be classified as an alleged performance failure Each alleged performance failure shall be investigated by the Contractor and evaluated by City. The City shall determine whether there were appropriate or acceptable extenuating circumstances that caused or significantly contributed to the performance failure. The Contractor shall pay liquidated damages to the City for all performance failures that are determined to be the Emergency and Basic Life Support Ambulance Services Agreement-11 (Apra 28,2004) fault of the Contractor and not the result of an extenuating circumstance All payments �I for liquidated damages shall be made payable to the "City of Kent." 81 Liquidated Damages for Emergency Request For any individual response to a request that exceeds the 9 minutes, 59 seconds, the Contractor shall be assessed liquidated damages at a rate of fifty dollars ($50) per minute, or fraction thereof, for each minute to a maximum of two hundred fifty dollars ($250) 82 Liquidated Damages for Exceeding the Maximum Response Time For any individual response exceeding the maximum response time, or being cancelled due to exceeding the maximum response time, the Contractor shall be assessed liquidated damages of five hundred dollars ($500) and shall not be assessed the liquidated damages described in section 8 1 and 8 2 83 Liquidated Damages for Failure to Respond. In the event the Contractor fads or is unable to respond, the Contractor shall be assessed liquidated damages of five hundred dollars ($500) per incident 8.4 Liquidated Damages for Failure to Properly Staff Unit In the event the Contractor fails to staff any ambulance unit pursuant to subsection 5 7 1, the Contractor shall be assessed five hundred dollars ($500) per unit hour or portion thereof 8 5 Liquidated Damages for Failure to Furnish Required Documentation In the event Contractor fails to furnish required information, reports, or documentation within the time period specified by this Agreement or by the City's request, the City may, at its option, impose liquidated damages of fifty dollars ($50) per day for each item of such information, report, or document. Such liquidated damages shall not be applied in cases where the cause of such reporting deficiency was beyond the Contractor's reasonable control 86 Liquidated Damages for Mechanical Failure If an ambulance vehicle experiences a mechanical failure (breakdown) while transporting a patient to a hospital, the Contractor shall be assessed liquidated damages of Five Hundred Dollars ($500.00) except when the Contractor has provided timely and appropriate patient transfer and when the Contractor has properly maintained the vehicle. 8 7 Liquidated Damages for Failure of Crew to Report. The Contractor shall be assessed liquidated damages of Fifty Dollars ($50) for failure of the ambulance crew to report their on-scene arrival to its dispatcher for any of its calls The Contractor shall be assessed liquidated damages of five hundred dollars ($500) for each incident where KFD determines that the crew, dispatchers, or management personnel of the Contractor reported a false on-scene arrival time 8 8 Liquidated Damages for Failure to Obtain and Utilize CAD The Contractor shall be assessed liquidated damages of Two Hundred Fifty Dollars ($250) per day for failure to utilize an acceptable CAD system within six (6) months of the effective date of this Agreement. Emergency and Basic Life Support Ambulance Services Agreement-12 (Apnl 28.2004) 89 Aggregated Failure. If in any contract year the Contractor maintains a response time performance level at less than 90% monthly compliance in any four (4) months or two (2) consecutive months, the City shall have the right to terminate this Agreement. 810 Invoicing and Payment of Liquidated Damages. No more frequently than monthly and at least quarterly, the City shall invoice Contractor for any liquidated damages assessed during the prior period The Contractor shall pay the liquidated damages within 30 days of receipt of invoice. In the event the City fads to invoice within 30 days of the end of the prior period, the liquidated damages shall be deemed waived for the period 8.11 Appeal of Liquidated Damages Assessment. The Contractor may request that the City's Contract Administrator reconsider imposition of liquidated damages In instances when the City's Contract Administrator reviewed the circumstances for imposing liquidated damages and determined that the grounds were sufficient to justify the imposition of the liquidated damages, the Contractor shall have the right to appeal such determination to the Kent Fire Official The Contract Administrator shall report the reasons for the determination to impose liquidated damages to the Kent Fire Official The ruling of the Kent Fire Chief shall be final 812 Liquidated Damages Waived for Start-Up Period The City shall waive the response time liquidated damages described in subsections 8 1 and 8 2 for the first six (6) months of this Agreement 9. Termination, 91 Written Advance Notice Either party may terminate this Agreement by providing ninety (90) days advance written notice to the other party of that party's intent to terminate. A breach of the terms of this agreement need not occur to terminate under this section If this Agreement is terminated, the City of Kent has the right to offer the remainder of the existing Agreement and it's extensions to an existing Contractor within the City for right of first refusal. In the event that the Contractor chooses to exercise its right to terminate under this section, it shall pay to the City a penalty of Ten Thousand Dollars ($10,000), to offset the City's costs in procuring a new contractor 92 Contractor Breach and Provisions for Early Termination Conditions and circumstances that constitute a breach of the Agreement include, but are not limited to, the following* 9 2 1 Failure of the Contractor to perform in accordance with any of the provisions of this Agreement 9.2.2 Failure of the Contractor to operate the system in a manner that enables the City and the Contractor to remain in compliance with federal or state laws, rules, or regulations Emergency and Basic Life Support Ambulance Services Agreement-13 (April 28.2004) 9 2 3 Falsification of information supplied by the Contractor during the term of this Agreement, including but not limited to altering the presumptive run code designations to enhance the Contractor's apparent performance or falsification of any other data required under the contract 924 Creating patient responses or transports so as to artificially inflate run volumes 92.5 Failure of the Contractor to provide data generated in the course of operations, including but not limited to dispatch data, patient report data, response time data, or financial data. 92.6 Excessive and unauthorized scaling down of operations to the detriment of performance during a "lame duck" period 92.7 Failure of Contractor's personnel to conduct themselves in a professional and courteous manner and present a professional appearance 928 Failure of the Contractor to maintain equipment in accordance with manufacturer recommended maintenance procedures 9.2 9 Failure of the Contractor to cooperate with and assist the City after t breach has been declared 9.210 Acceptance by the Contractor or Contractor's personnel of any bribe, kickback or consideration of any kind in exchange for any consideration whatsoever, when such consideration or action on the part of the Contractor or Contractor's personnel could be reasonably construed as a violation of federal, state, or local law. 9211 Payment by the Contractor or any of Contractor's personnel of any bribe, kickback, or consideration of any kind to any federal, state, or local public official or consultant in exchange for any consideration whatsoever, when such consideration could be reasonably construed as a violation of any federal, state, or local law 9212 Failure of the Contractor to meet the standard of care as established by this Agreement 9.2.13 Failure of the Contractor to maintain insurance in accordance with this Agreement 92.14 Failure of the Contractor to meet response time requirements as set forth in this Agreement 9215 The filing of any bankruptcy or any other similar action, which, in the opinion of the City, places the performance of the contract at risk 92.16 Failure to submit reports and information under the terms and conditions outlined in this Agreement. Emergency and Basic Life Support Ambulance Services Agreement-14 (APW 28, 2W4) 10. City's Remedies. 101 If conditions or circumstances constituting a breach as set forth above are determined to exist, the City shall have all rights and remedies available at law or in equity under this Agreement, specifically including the right to terminate the Agreement 11. Process for Termination of Contract Due to Breach. 11 1 In the event of breach, the City will give the Contractor written notice, return receipt requested, setting forth with reasonable specificity the nature of the breach Within five (5) calendar days of receipt of such notice, the Contractor will deliver to the City, in writing, a plan to cure such breach The plan will be updated, in writing, every five (5) calendar days until the breach is cured The Contractor shall have the right to cure such breach within thirty (30) calendar days of receipt of notice of breach If the Contractor fads to cure such breach within the time period allowed for cure (such failure to be determined by the sole and absolute discretion of the City), or the Contractor fails to timely deliver the cure plan, or updates to the City, the City may immediately terminate the Agreement The Contractor will cooperate completely and immediately with the ICity to effect a prompt and orderly transfer of all responsibilities to the City 11 2 The Contractor will not be prohibited from disputing any findings of breach through litigation; provided, however, that such litigation will not have the effect of delaying, in any way, the immediate transfer of operations to the City These provisions will be specifically stipulated and agreed to by both parties as being reasonable and necessary for the protection of public health and safety Any legal dispute concerning the finding that a breach has occurred will be initiated and shall take place only after the transfer of operations to the City has been completed, and will not, under any circumstances, delay the process of transferring operations to the City 113 The Contractor's cooperation with and full support of the City's termination of the Agreement will not be construed as acceptance by the Contractor of the finding of breach However, failure on the part of the Contractor to cooperate fully with the City to effect a smooth and safe transition shall itself constitute a breach of contract 114 In the event an agreement with one contractor is terminated, the remaining contractor shall have the right to assume the territory served by the terminated contractor. The intent to assume such territory shall be provided to the City in writing within fourteen (14) days of receiving notice from the City of the termination of the other contractor Emergency and Basic Life Support Ambulance Services Agreement-15 (April 28,2004) 12. "Lame Duck" Provisions. Should the Contractor fail to prevail in a future procurement cycle, the Contractor will agree to continue to provide all services required in and under the Agreement until a new contractor assumes service responsibilities To assure continued performance fully consistent with the requirements of the Agreement through any such period, the following provisions will apply 121 The Contractor will continue all operations and support services at the same level of effort and performance that were in effect prior to the award of the subsequent agreement to a competing provider. 122 The Contractor will make no changes in methods of operation, which could reasonably be considered to be aimed at cutting Contractor services and operating costs to maximize profits during the final stages of the Agreement 123 The City recognizes that if a competing provider should prevail in a future procurement cycle, the Contractor may reasonably begin to prepare for transition of the service to a new contractor The City will not unreasonably withhold its approval of the Contractor's request to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc as long as such transition activity does not impair the Contractor's performance during this period 13. Proprietary and Confidential Information. The Contractor acknowledges that the City j is required by law to make its records available for public inspection, with certain exceptions (see RCW Chapter 42 17). City staff believe that this legal obligation would not require the disclosure of proprietary descnptive information that contains valuable designs, drawings, or formulas. The Contractor, by submission of materials marked proprietary and confidential, nevertheless, acknowledges and agrees that the City will have no obligation or any liability to the Contractor in the event that the City must disclose these materials. 14. Indemnification. The Contractor does hereby release and shall defend, indemnify, and hold the City and its employees and agents harmless from all losses, liabilities, claims, costs (including attorneys' fees), actions or damages of any sort whatsoever arising out of Contractor's negligence or willful misconduct except to the extent attributable to the negligent acts or omissions of the City, it's employees and agents The indemnification provided for in this section shall survive any termination or expiration of this Agreement If any action is brought against the City by any employee of Contractor, the indemnification obligation of Contractor set forth in this section shall not be limited by a limit on the amount or type of damages, compensation or benefits payable by or for Contractor under RCW Title 51, the Industrial Insurance Act, or any other employee benefit act. In addition, solely for the purpose of giving full effect to the indemnities contained herein and not for the benefit of Contractor's employees or any third parties, Contractor waives its immunity under RCW Title 51. Contractor acknowledges that the foregoing waiver was mutually negotiated 15. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit "C" attached and incorporated by this reference Emergency and Basic Life Support Ambulance Services Agreement- 16 (April 28,2004) 16. Compliance with Law. 161 General Requirement. The Contractor, at its sole cost and expense, shall perform and comply, in all material respects, with all applicable laws of the United States and the State of Washington, the municipal code and ordinances of the City, and rules, regulations, orders, and directives of their administrative agencies and the officers thereof Without limiting the generality of this paragraph, the Contractor shall specifically comply with the following requirements of this section 161 1 Licenses and Similar Authorizations. The Contractor, at no expense to the City, shall secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof, 1612 Taxes. The Contractor shall pay, before delinquency, all taxes, levies, and assessments arising from its activities and undertakings under this Agreement; taxes levied on its property, equipment and improvements, and taxes on the Contractor's interest in this Agreement 1613 Use of Recycled Content Paper. The Contractor shall, whenever practicable, use recycled content paper on all documents submitted to the City. 17. Contractual Relationship. This Agreement does not constitute the Contractor as an agent or legal representative of the City for any purpose whatsoever, and the relationship of the Contractor to the City by reason of this Agreement shall be that of an independent contractor The Contractor is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever Both parties, in the performance of the Agreement, will be acting in their individual capacities and not as agents, employees, partners, joint ventures or associates of one another The employees, subcontractors, or agents of one party shall not be deemed or construed to be the employees, subcontractors, or agents of the other party for any purpose whatsoever. The Contractor shall ensure that all Contractor's employees, subcontractors, and agents are properly trained and fully equipped to perform their assigned tasks ' 18. Discrimination. 181 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 ongin, 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 182 Contractor shall execute the City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the Compliance Statement, which are all attached and incorporated as Exhibit "D " Emergency and Basic Life Support Ambulance Services Agreement• 17 (April28, 2004) 19. Assignment and Subcontracting. The Contractor shall not assign or subcontract any of its obligations under this Agreement without the City's prior written consent The City's written consent may be granted or withheld in the City's sole discretion Any subcontract made by the Contractor shall incorporate by reference all the terms of this Agreement The Contractor shall ensure that all subcontractors comply with the obligations and requirements of this Agreement The City's consent to any assignment or subcontract shall not release the Contractor from liability under this Agreement, or from any obligation to be performed under this Agreement, whether occurring before or after such consent, assignment, or subcontract 20. Amendments. No modification or amendment of the provisions hereof shall be effective unless In writing and signed by authorized representatives of the parties hereto The parties hereto expressly reserve the right to modify this Agreement, from time to time, by mutual agreement 21. Executory Agreement. This Agreement will not be considered valid until signed by both parties 22. Binding Effect. The provisions, covenants and conditions in this Agreement apply to bind the parties, their legal heirs, representatives, successors, and assigns 23. Applicable Law. This Agreement shall be construed and Interpreted in accordance with the laws of the State of Washington The venue of any action brought hereunder shall be in the Superior Court for King County 24. Remedies Cumulative. Remedies under this Agreement are cumulative, the use of one remedy shall not be taken to exclude or waive the right to use another 25. Captions. The titles of sections are for convenience only and do not define or limit the contents 26. Severability. If any term or provision of this Agreement shall, to any extent, be ' determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law 27. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition Acceptance by the City of any performance by Contractor after the time the same shall have become due shall not constitute a waiver by the City of the breach or default of any covenant, term, or condition unless otherwise expressly agreed to by the City in writing 28. Entire Agreement. This document, along with any exhibits and attachments, constitutes the entire agreement between the parties with respect to the scope of work herein No verbal agreements or conversations between any officer, agent, associate, or employee of the City and any officer, agency, employee, or associate of the Contractor prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement Emergency and Basic Life Support Ambulance Services Agreement. 18 (A,onr 28,2004) 29. Negotiated Agreement. The parties to this Agreement acknowledge that it is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof. 30. Breach of Agreement The City considers any breach of the Agreement serious and will seek remedies commensurate with the severity and magnitude of the event Remedies could include but are not limited to corrective measures, liquidated damages, 1 probation or suspension, or termination of the Agreement It is the intent and desire of the City to maintain a good working relationship with the Contractor while at the same time ensuring service to the community 31. Addresses for Notices. All notices to be delivered hereunder shall be in writing and shall be delivered or mailed to the following addresses If to City: If to Contract r Fire Chief wl Q.tt" Kent Fire Department Z t C,&44 Val 1 24611 11C Ave SE Kent WA 98030 and to- and to- EMS Officer -1—v�(ke Kent Fire Department 6110ti 24611 116 Ave SE q Kent WA 98030 TAAA &oLvi or such other respective addresses as may be specified he ein or as either party may, from time to time, designate in writing I 32. Disputes. Any disputes or misunderstandings that may arise under this Agreement concerning the Contractor's performance shall first be resolved through amicable negotiations, if possible, between the Contractor's Project Manager and the City's Contract Administrator, or if necessary shall be referred to the Fire Chief and the Contractor's senior executive(s). If such officials do not agree upon a decision within a reasonable period of time, the parties may pursue other legal means to resolve such disputes, including but not limited to alternate dispute resolution processes 33. Authority. 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 has read this Agreement, understands it, and agrees to be bound by it Emergency and Basic life Support Ambulance Services Agreement-19 (Apni 28,2004) IN WITNESS WHEREOF, the City and Contractor have caused this Agreement to be executed. CITY: CONTRACTOR: City of Kent 94 By Print NarkSim Bite oBy: a eIts Maor A e.'4 Date � a,oa y Date: APR 2 8 20% Approved as to f Approved as to form B By hur"P Fitzpatrick Print Name. Its Deoutv City Attorney Its R'C.1'INEa'Oo.iygTlM�elwMipAFe�mYr Gx Emergency and Basic Ufe Support Ambulance Services Agreement•20 (AAM 28,2W4) i i EXHIBIT A Primary Coveracie Area The City of Kent provides emergency medical response to the areas within the city limits of Kent and the area served by King County Fire District No 37 For purposes of the Emergency and Basic Life Support Ambulance Services Agreement between Contractor and the City ("Agreement"), this service area has been divided into an east section and a west section East Sectrow The east section shall be defined as that area including 100th Avenue SE and the area east of 100th Avenue SE extending from the northern city limits to the southern city limits- provided that in areas where 100'h Avenue SE dead-ends or does not exist, the east section shall be defined as if 100th Avenue SE extended uninterrupted from the northern city limits to the southern city limits West Section The west section shall be defined as that area including 1001h Avenue SE and the area west of 100th Avenue SE extending from the northern city limits to the southern city limits, provided, that in areas where 100th Avenue SE dead-ends or does not exist, the west section shall be defined as if 100" Avenue SE extended uninterrupted from the northern city limits to the southern city limits The attached map, which is incorporated into this Exhibit A, accurately sets forth the east and west sections The parties recognize that there is dual coverage on 100th Avenue SE The City will make a good faith effort to apportion calls that originate on the east side of 1001h Avenue SE to the East Section and calls that originate on the west side of 100th Avenue SE to the West Section Exhibit A PRIMARY COVERAGE AREA-1 i (Emergency and eauc Life Support Ambulance Serv"s Agreemeng) f � � m)i �� fit �t 1yL + � � � '�� " `�`�' � •ems' �4k$i rT ya ( tu,aJ t �''' �'^`, x.. K ff{ tr��f s � _ ,�a ► '3 'w �P' All a EXHIBIT B Kent City Code Ch 5 11 Ch. 5.11 KCC -AMBULANCES KCC § 5.11.010. Purpose. The city council declared it to be in the public interest and for the protection of the health, safety and welfare of the residents of the city and its environs to provide for the highest level of emergency medical services reasonably practicable The city council finds it to be in the public interest to provide for the inspection, regulation and control of emergency medical services to achieve high standards and thereby to eliminate inadequate, improper and harmful practices that may endanger the health and safety of the people. The city council also designates the chief of the fire department as the city's representative with respect to matters of emergency medical services and the coordination of health care issues to collate with the fire department provision of emergency medical services, health care services and transport. Such issues include but are not limited to the fire department responsibilities to be the city's prime provider of emergency medical services, along with related health care and transportation issues which must be coordinated to deliver our overall quality of emergency medical services (Advanced Life Support, Basic Life Support and relationships with related health care providers) KCC § 5.11.020. Definitions. As used in this chapter, the following words and phrases shall have the following meaning unless the context clearly requires otherwise Washington State for the transportation of patients, who are sick, injured or otherwise incapacitated iAid unit means any publicly owned vehicle that is especially designed, constructed, equipped, maintained, used and licensed by the state of Washington to primarily deliver emergency medical personnel and equipment to an emergency scene An aid unit has limited means to transport patients who are sick, injured or otherwise incapacitated This specifically relates to Kent fire department enginelaid apparatus Ambulance attendant means any trained or otherwise qualified individual responsible for the operation of an ambulance and the care of the patients, whether or not the medical attendant also serves as a driver, who is the holder of a valid certificate issued under this 1 chapter Ambulance Company means any person corporation or other legal entity who operates an ambulance for hire Business license or license means a license to operate an ambulance company within the city Business license clerk means such city employees or agents as the mayor shall designate to issue and administer business licenses under this chapter, or any designee thereof City means City of Kent Exhibit B CH. 5.11 KCC -AMBULANCES -1 (Emergency and Bask Lde Support Ambulance Ssrvrces AgreemenO) City clerk means the city clerk of the city of Kent designated as the official keeper of records Fire department or department means the fire department of the city. Fire official means the fire chief or the fire chiefs designee to perform the duties provided for in this chapter. Patient means an individual who is sick, injured, wounded or otherwise incapacitated or helpless Licensee means a person in whose name a license to operate an ambulance company within the city has been issued as well as the individual listed as an applicant on the application for a license Person means any individual, firm, joint venture, co-partnership association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, or any other group or combination acting as a unit KCC § 5.11.030. Administration of licensing. The business license clerk, subject to a review and recommendation from the fire official, is responsible for issuing, denying, revoking, renewing, suspending, and canceling business licenses to operate aid ambulance company within the city The fire official is responsible for ascertaining whether a proposed application complies with all the requirements enumerated herein and all other applicable codes and regulations now in effect or as amended or enacted subsequent to the effective date of this chapter The fire official shall make all necessary investigations and inspections for enforcement of this chapter KCC § 6.11.040. Conditions of a business license. The fire official is responsible for ascertaining whether a proposed application complies with all the requirements enumerated herein and all other applicable codes and regulations now in effect or as amended or enacted subsequent to the effective date of this chapter The fire official shall make all necessary investigations and inspections for enforcement of this chapter As a condition of issuance of a business license, the operator of each ambulance company consents to the following: 1 The fire official shall be permitted to make regular inspections of any ambulance company operating under a business license issued, at all reasonable hours, with or without advance notice, upon the presentation of appropriate credentials to an authorized representative of the company, and shall make such reports relative to conditions existing at such times and in such manner as the fire official may direct. 2 The fire official is given authority to determine whether and to what extent an ' ambulance rotation list, fire department units, sole contract/franchise approach or a mix of the above will be utilized to transport patients from an emergency medical scene The fire official is authorized to establish procedures, guidelines and contracts for implementing the above mentioned approaches for emergency medical service transport. Exhibit B CH.5.11 KCC-AMBULANCES-2 (Emergency and Basco Life Support Ambulance Seiwces Aprsemenq I3 The fire official shall be the final authority to determine if an ambulance company should be added to or removed from the fire department rotation list 4 It is recognized that the fire department currently transports patients where it serves the interest of the public The fire official shall determine the distribution of transportation responsibilities as it relates to calls within the scope of the fire department's responsibilities 5 Further, the fire department is authorized to provide transport, preventative and cooperative medical services to serve the interests and needs of our citizens It is recognized that this may be done in conjunction with other health care providers in order to manage the risk to our citizens and to control the rate of growth in the demand for EMS services 6 It is understood that a significant expansion of services shall be reviewed by city administration and any significant additional program costs are subject to council approval 7 In the future, if it is determined that it would best serve the interests of the city to provide ALS services in lieu of the county, the fire department shall be designated as the provider and/or coordinator of AILS services Such a program change would be subject to review and approval of the mayor and city council KCC §5.11.050. Response criteria. A The city shall be the first response provider of emergency medical services (EMS) Ambulance companies receiving a direct request for EMS services shall notify the fire department's 9-1-1 communications center immediately so that a fire department first response can be initiated. The only exception to this requirement shall be for the transport of stable patients from one (1) medical facility to another and routine medical transports and exams B. The 9-1-1 system must be activated for all pre-hospital EMS primary examinations and unstable patient care C The department shall establish ambulance response criteria and make such criteria 1 known to each ambulance company at the time of application and renewal of business license Application for a business license does not automatically qualify an ambulance company to be on the rotation list for the fire department for ambulance services ' D Each ambulance company shall submit a response report quarterly or on demand of the fire official outlining compliance with the response criteria KCC § 6.11.060. Business license required for each ambulance company. Every person who operates an ambulance company within the city shall be required to obtain a business license from the business license clerk An ambulance company operates within the city if it is A Stationed within the corporate limits of the city, or Exhibit B CH. 5.11 KCC -AMBULANCES -3 (Emergency and Basic Life Support Ambulance Servrcea Agreement) B. Dispatched from within or without the corporate limits of the city and repeatedly or customarily makes trips for hire within the city to pick up injured or sick fares, or C Making any trips into the city for hire to pick up injured or sick fares after occasional or repeated advertising, within the city, for such service The business license shall be renewed on an annual basis. The business license clerk shall not issue such business license unless the applicant has fulfilled all requirements of this chapter and any applicable provisions of the state law relating to personnel, equipment and operations including but not limited to Chapter 18.73 RCW and Chapter 246-976 WAC as now or hereafter amended Provided, that the provisions of this chapter shall not apply to any ambulance which shall pass through the city in the delivery of fares picked up at points beyond the corporate limits of the city KCC § 5.11.070. Application for business license— Issuance. A Application for a business license to operate an ambulance company shall be made upon forms provided by the city and shall contain 1 Name, home address and telephone number of the applicant, 2 Business name under which the ambulance company will be operated within the city, and business address and telephone number; 3 The number of ambulances to be initially placed in service within the city, 4 The number of licensed ambulance attendants initially to be employed, 5 A roster of ambulances to be used in the city with proof that each ambulance is currently licensed as an ambulance by the state of Washington; 6 A roster of certified ambulance attendants with proof that each attendant is currently certified as an emergency medical technician (EMT) by the state of Washington (including certification expiration date), 7. Proof that ambulances and personnel are verified trauma providers as provided in Chapter 246-976 WAC; 8 Certificate of insurance as required by the city; and 9 The schedule of rates. B Prior to the issuance of a business license, the application and all pertinent records shall , be reviewed by the fire official to ensure compliance with the license requirements under this chapter, as well as, any rules or regulations referenced herein or issued hereunder Upon written approval of the application by the fire chief or the chief's designee and the I payment of fees, the business license clerk shall issue an ambulance operator's business license All equipment proposed for use shall be subjected to random Exhibit B CH.5.11 KCC -AMBULANCES•4 (Emergency and Basic Life Support Ambulance Servxw Agreement) inspection by the designated fire official, who shall determine whether said records and equipment conform to all the requirements of this chapter. C Business license fee The business license fee schedule for issuance and renewal of business licenses under this chapter shall be that currently charged for general business licenses under Ch 5 01 KCC until such time as the city council may, by resolution, modify the fee schedule KCC § 5.11.080. License renewal. The business license clerk shall mad the forms for application of business license renewals to business enterprises in the city to the last address provided to the director by the licensee Failure of the business enterprise to receive any such form shall not excuse the business enterprise from making application for and securing the required license or renewal, or for payment of the license fee when and as due hereunder. KCC § 5.11.090. Licenses not transferable. No business license issued under the provisions of this chapter shall be transferable or assignable unless otherwise specifically provided for; except that a license may be transferred when a business changes its structure of ownership, provided, however, that a new license shall be required upon a substantial change of ownership whereby those primarily accountable for the business have changed or upon a substantial change in the type of business operated, whereby the primary business being conducted has significantly changed tKCC § 5.11.100. Denial, revocation or suspension of business license. A Grounds The issuance of a business license to operate an ambulance company may be denied, or such license may be suspended or revoked by the business license clerk, upon the recommendation of the designated fire official when the public interest will be served thereby, upon any of the following grounds. 1 The license was procured by fraud, false representation, or material omission of fact, or for the violation of or failure to comply with any of the provisions of this chapter by the person holding such license, or any of his servants, agents, or employees, while acting within the scope of their employment, or 2 The licensee violates any applicable city, state, or federal law, or the purpose for which the license was issued is being abused to the detriment of the public, or such license is being used for a purpose different from that for which it was issued; or 3 Overcharging of customer rates set forth in the company's schedule of rates filed with the city clerk or fraudulent billing, or 4 Failure to maintain ambulances and equipment to the standards set forth in Chapter 246-976 WAC, or 5 Repeated complaints by citizens of poor customer service such as rudeness, misrepresentation, unprofessional behavior, etc. Exhibit B CH.5.11 KCC -AMBULANCES -5 (Emergency and Basic Life Support Ambulance Seriam AgreemerV B Suspension and revocation. A business license procured by fraud or misrepresentation shall be revoked Where other violations of this chapter or other applicable ordinances, statutes, or regulations are found, the license shall be suspended for a period of thirty (30) days upon the first such violation, ninety (90) days upon the second violation within a twenty-four (24) month period, and revoked for a third and subsequent violation within a twenty-four (24) month period, not including periods of suspension, except that where the fire official finds that any situation exists in licensee's operations which constitutes a threat of immediate serious injury or damage to persons or property, the business license clerk may immediately suspend any license issued under this chapter, pending a hearing in accordance with this section The business license clerk shall issue a notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property C Notice Except when a business license is immediately suspended as set forth in subparagraph (B) above, the business license clerk shall provide at least ten (10) days' prior written notice to the licensee of the decision to suspend or revoke the license Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner and shall state the effective date of such revocation or suspension under grounds for revocation or suspension. An appeal at the denial, suspension or revocation of a business license shall be made within thirty (30) days of notice of such denial, suspension or revocation. $uch appeal shall be processed pursuant to the hearing procedures set forth in Ch 2.32 KCC. The hearing examiner shall set a date for hearing such appeal, to take place within forty-five (45) days of the date of the receipt of the notice of appeal unless such time is extended by mutual consent. At such hearing, the appellant and any other interested persons may appear and be heard, subject to the rules and regulations of the hearing examiner. The decision of the business license clerk shall be stayed during the pendency of any appeal to the hearing examiner and during any appeal unless the license was immediately suspended pursuant to subparagraph (B) above D Final administrative review. Appeal to the hearing examiner shall constitute final administrative review E Appeal to superior court. An appeal of the decision of the hearing examiner must be filed with the superior court within thirty (30) calendar days from the date the hearing examiner's decision was personally served upon or was mailed to the person to whom the notice of denial, suspension or revocation was directed or is thereafter barred KCC § 5.11.110. Insurance and identification. No ambulance operator's business license shall be issued, nor shall such license be valid after issuance, nor shall any ambulance be operated in the city, unless the operator maintains a policy or policies of insurance against claims for injuries to persons or damages to property which may anse from or in connection with the performance of activities associated with the operation of the ambulance company Such insurance shall name the city as an additional insured. The ambulance company shall also indemnify and hold the city harmless from any causes of action arising from the operation of the ambulance company The minimum scope and limits of coverage shall be set by the city's risk manager or other person designated by the mayor. Evidence of such insurance shall accompany the application for license and shall be maintained on a continuous basis through subsequent license renewal periods. Exhibit B CH.5.11 KCC-AMBULANCES -6 (Emeryancy and Bast U!e Support Ambulance Services Agreement T KCC § 5.11.120. State license and standards and requirements. All ambulances operating in the city must be licensed by the state and must meet the standards and requirements set 1 forth in Chapter 246-976 WAC, as now or hereafter amended Proof of a state license as a transport ambulance must be provided with any application for a city business license for each transport vehicle KCC § 5.11.130. Ambulance attendants. Each ambulance company shall have, for each ambulance in service, on duty and available for immediate response, two (2) ambulance attendants who are currently certified as emergency medical technicians (EMT), as provided in Chapter 246-976 WAC A certificate of license shall be carried on the person of each ambulance attendant while on duty KCC § 5.11.140. Verification. Any ambulance company operating in the city must be a verified trauma provider and must meet the requirements for personnel and equipment as required in Chapter 246-976 WAC for trauma providers The ambulance company must specifically be authorized to act as a trauma provider by the Seattle/King County trauma council or successor. KCC § 5.11.150. Rates to be filed. Each ambulance company applying for a business license or renewal of license pursuant to this chapter shall, at the time of filing its application therefor, file with the city clerk its schedule of rates to be charged for services during the license period for which application is made Such schedule or rates shall be a matter of public record open to public inspection in the city clerk's office during normal city business hours and such schedule must be adhered to by the licensee throughout the period for which the license is issued. KCC § 6.11,160. Community events. When an ambulance company is contracted to provide emergency medical standby (i.e., 10K Fun Runs, etc ) by community event promoters, the following conditions shall apply: 1 The ambulance company shall notify the fire official in writing fourteen (14) days prior to the date of the event, or as soon to the event as reasonably possible, stating the date, time and scope of standby responsibilities. 2 Ambulance companies engaging in standby activities shall notify the fire department's 9-1-1 communications center immediately on all advanced life support/life threatening or significant basic life support calls as required pursuant to subsection (3). Calls will be considered significant based upon extent of injury/illness or when there are multiple patients (more than three (3)). 3 Ambulance company standby for handling basic life support calls must obtain prior approval and parameters for care set by the fire official 4 All EMS activity provided by the ambulance company at such events shall be documented and a report forwarded to the fire official within one (1) week subsequent to the completion of the event TExhibit B CH 5.11 KCC-AMBULANCES.7 (Emergency and Basra L*Support Ambulance Servkea Agreement) KCC § 6.11.170. Violations — Penalties — Misdemeanor. In addition to other remedies t provided for in this chapter, any person who operates an ambulance company within the city without a business license as required in KCC 5 11 060 above, shall, upon convictfon, be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than ninety (90) days, or by both such find and imprisonment at each and every day during which any violation is committed, continued or permitted, shall be deemed a separate offense KCC § 5.11.180. Additional enforcement. The remedies found in this chapter are not exclusive The city may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any business license, ordinance, or other regulations herein adopted -END- Exhibit B CH. 5.11 KCC .AMBULANCES -8 (Emergency and Saslc L*Support Ambulance Serm es Agr@WYMV EXHIBIT C INSURANCE REQUIREMENT tInsurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees 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 written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage 2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, Independent contractors and personal injury and advertising injury 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. 3 Excess Liability insurance covering both the Commercial General Liability and Automobile policies with limits not less than $4,000,000 in excess of the limits cited above. 4 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 5 Professional Liability insurance appropriate to the Contractor's profession. 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 3 Excess Liability insurance shall be written with limits no less than $4,000,000 per occurrence in excess of both the CGL and Auto Liability policies cited above 4 Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. IExhibit C INSURANCE-1 (Emergency and Basic Ute Support Ambulance Services Agreement) EXHIBIT C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability Insurance 1 The Contractor's Insurance coverage shall be primary Insurance as respect the City Any insurance, self-Insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not 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 D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M Best rating of not less than A VII E. Verification of Coverage 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 Evidence of Insurance - The following documents must be provided as evidence of insurance coverage A A copy of the policy's declarations pages, showing the Insuring Company, policy effective dates, limits of liability and the Schedule of Forms and Endorsements The City reserves the right to require a copy or certified copy of said policy or policies including all forms and endorsements attached B. A copy of the endorsement naming the City of Kent as an Additional Insured (excluding Professional Liability Insurance), showing the policy number, and signed by an authorized representative of the insurance company on Form CG2026 (ISO) or equivalent. C A copy of the "Endorsements Form List" to the poircy or policies showing endorsements issued on the policy, and including any company-specific or manuscript endorsements Exhibit C l INSURANCE-2 (Emergency and Basic Lts Support Ambulance Ssrnces Agreement) EXHIBIT C (Continued) D A copy of an endorsement stating that the coverages provided by this policy to the City or any other named insured shall not be terminated, reduced or otherwise materially changed without providing at least forty-five (45) days prior written notice to the City of Kent E. A copy of a "Separation of Insureds" or "Severabdity of Interests" clause, I indicating essentially that - except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance applies as if each named insured were the only named insured, and separately to each insured against whom claim is made or suit Is brought (Commercial General Liability & Business Automobile Liability Insurance) Exhibit C INSURANCE-3 (Emergency and Basic We Support Ambulance Services Agro mere May-06-04 10:06at1 FrwCEIS UUZ84144UU 1-410 r ULIUZ r-aqI ACORD,r CERTIFICATE OF LIABILITY INSURANCt fimmr THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Mi y Eiben Insurance Services 602-942-3900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3320 W. Cnery) Dr. Ste B-220 FOLDER, THIS CERTIFICATE DOSS NOT AMEND EIREND OR Phoenix,Arizona SM51 ALTER THE COVERAGE AFFORDED BY THE pot BELOW. INSURERS AFFORDING COVERAGE NAIC s 01aom INsuRERA Ern ire Fire& Marina Insurance 21326 Tr1-Mea Ambulance,Inc. a 18821 E.Vauey Highway s�AExc Kent. WA 98032 wswERD INSURER E COvERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BMW ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I DICATEO NOTMTn STANDING ANT REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT vNTH RESPECT TO V*uCH THIS CERTIFICATE MAY BE ISSUED OR MAr PERTAIN TnE iNSuRANCE AFFORDED By THE POLICIES DESCRIBED HEREIN IS SU94ECT TO ALL THE TERMS ExCLuSIONS AND CONDITIONS OF SUCn POLICIES AGGREGATE LIMITS SNOym MAY HAVE BEEN REDUCED BY PAIOCWMS AOIn 11111011111I POtiYRff now LI.ITS A G04X" en,Tv CL 3 11 E c.+oca.RAj44E S 1 000,000 EO.NSaIGALeQI¢R^,w-&,rY PKGMW:s i 0 CLJwsunas a]OMUR uEDEIPIAn,ons s -�fn --Prof. LiaNlily PERso.A aAOV IJ.uRr i (.lNERA�AGGREGATE f GENT.AGGREGATE UWT.PP"Ll MR P11006CYS-CAKPAnp Ar.G A POLICY LOC AUTOYOMLEL&MOWTV A C L 310348 l l/22l2003 11122l2004 ` ftG6e LIMIT i 1,000 000 ANY AuTD ALL OUAwED wYO$ BOOZY INJURY X $CNEDUM AUYOS (FWPNS" S N A0 AUTOS WO&Y IW LIRA 1401, E0AUTW IPs-Gomm ; (fM a"A0A00AMACiTV i wRArA uAe1TV AUTOOn r-EAACCIDrwT I ANT AUTO GA ACC i AUrO OOTmCA NLY AGC, i ExCESSUuwBRMJ A UADLM FACN OCCURPI S OCCUR ED CLAMS MADE JGGREGATE i f DEDUCTIBLE i R6TENhOR i i I MORKERS COMPENSATION AND I 19ySTLASTA OTN• EMPLOYERS LIAaLm ANY MOPRIET01tI►ARTNiNaA@CUTM E L EICM ACCIOFr.T f OFPICERME em EACLUDMI E L DISEASE.EA FARPLOrEE i i PROM ONS E L OISFAS6-POLICY LIMIT s OTHER 06KMFTICM OF OPERATIONS!LOCATIONS.viNUCIFL.F40 IuSIONi ADM BY E 10010j Sr WTI SPEL1AL PROnSIdwa Con ficate Molder is names as Addh;onal Insured CERTIFICATE HOLDER CANCELLATION t GROwo ANY OF TnE AVOW aaacwaEO POLICIES aE CANCELIaD aEPORe The COWATION eq of Kent DATE rr0ENEOF,I'd Isom.PaMA MA.L EROEAvOR TO MAL 110 DAYS MIL rTEN 2200 4tn Ave. South HOME TO TIIE eFArIPICATe IIOLpQt NAMED TO THE LEFT,BUT iAIwRE To oo:o slMli Ketll;WA 98032 IURM NO ODUGATION OR NAOLITY OF ANT SONG UPON TIE INSURER ITS AGENIS OR TAhvCi A ACORD 25(2001JOB) ®ACORD CORPORATION 1988 i IA IRA% IM14 UJIAM MELk4fiRKNORINVAMIN0, i nimmU ACORMCERTM OF LIABILITY INSU CE v rloouclll nraCWMCATZ0IMMA11,11i Uwe in"(WROiI;1` 1 SBIEAn Berson Ma,-Keal C/L OWY AW COIIFUM No RMIM upon THa cevra 1:1-, I t10LDR Tt+ls cslTu4cwta Does nor AMFJdO,DIE` l. P -M - pl. ALmmimCmWwXAFF0nDFDOYTHEIClt.l Li,r rX WMdSM M1 SL --- Fw%WA IM35 U INJI RERSAFFICIMIN COVEWE r iMIURED INSURER k WftSW Frill I CMUWIVCO. TISI MEO AMBULANCE SERNCE INC INlURGA ik 13M 44TH AVE 3 INSURER C. rTukwk WA MIXINeuRERa _.^........__ _ ..,. INSURER E COVERAGIS _ _ THEF000e8MWOUR4CE 1Lte1®�.OYHA4l�1fiYJ�T�T1ElI>I PAW -m ll[ .,2 ___ I AFIYMOIARBAOdT,TWIMONCMDMONCPJWYCCTMWFOiC ER0000YWWTHMM=TOWrKN7HItGEFRFICATE MAY HEWic--Dt1l MAYPFa'RTAN,THE NSURNIM AFKPIDI D RYTHE POLICQE DWCNW MWW IS lU&WT MALL THETEFW FOfCLI mmit AND CCNDTMs of i L PCLIM&AGGII!OUG LU"(HOLM MAY HAVi 0®I FMI ICED INY PAD CLAUS R T"%aFINSURANCE POLICYNUYBEI UIIfII. ' 6dIERAL LIABI LIIT EACH OCOU19RM OEM IF - ---_•• S OOMMEIOIALBENERAL LIANLI DAMA �L�renff tia 1 CLAIMS MA DaF-104mpq MEDE)YIAm'LYIePsrvll 11_-' _. .. ' r G£NER ALAOOR2oATE O E)w'L A09RBSATE LIMTAPPII(S Rf10DU:TS-CONPJOP A:. t POLICY PRO7 — r AUTOIFOlIL6 LIABILTIT -- M BNI ED SINMI S LIMA A NYAUlO A LLDMN E6 AUTOS 50 D LY MURY I OHIOULED AUTOR PrPNM) , r HIR(DAUTOB EODILYINUURY i I NON-0IENED AlTIOI FNlreod dan9 PADPEFl-Y DA4wOF, T BMABE LLIBIUTT , AUTOCHaLY-EA A00I7$:' f ANTAUTO OTHM THAN , Ar"' AUTOON0% AS:i , _ D:CBlSJBMIAELU LIABILI — TY — - -� -- H OGCURRlNCE R OCOUR OLAILM MADE AAGRBAATEDEDUCTIBLE R 2 RfoT$tTION f IIfDRHOM OOYPIWAT)ON AND �1• 2 EYPLVMN'LIABILITY CLLIYLe� AN►PPA"IETORlMRTNi9aq ffCUTNE L.EACYACVIDENT _ r OFFICER �M EiDLU i DHI eASi-wA EMPLOY B Y • " _1 Hri�d�mllnmer _ BSPP 6L DR aAli•F+pJC1'LI:A _ A OTHIR EXCE33AUTO F t4/Os 11/10/04 4=1,000 rDgOAIPTIDM ORDryNATI01q�lOCATHMIS/Vg11CLi JFdY.L1J1pIMADOBDIY bFODSdI(IIENTJlPIOIALPIIOV1tgN! — •-_ -�_- ._ ..� CERTIFICATE HOLDER IS NAMEDASADDI mAL M3URED i ClArmr.MWER .�., lMou LD INCOP TH[AIOYID9pRllED roLIC1EI DEC,INOELI F[� MI I•,=% r4 CITYOFKENT DATET11E71lDF,lNI WURNIIIAUREAWILL II DEATOR TO IIAII,-�]_ %�'•'1 rFt I 2M4TH AVE l0111i! ronD(ronlCc�ITIPICAT(NOLDEIINAYEDTO2HELET,BUTfAIII:E,F_ 0^84'H. Ll TWA 00019 UP"11#oosuBATIMORLURILIITOPANYCIMDUvON THE'NIITu' AUTHORREO 1111MNVOITA ( ------ rACOTIn 75MI" I di q0i 0 hZI D WMOC*",AT'Opq ipp9 May-06-04 10:08am From-CE1S SUNQ4300 T-415 P Wi09 r-94I PO LICY NUMBER CL310348 CON SIERC1AL GENERAL LIABILITY INSURED. TRI-MED AMBULANCE,INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED--DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COM MRCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Oreanization: City of Kent ✓ 2200 4th Ave. S Kent, WA 93032 i (If no critry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO JS AN INSURED (Section 11)is amended to iaclude as an insured the person or organization shown in The Schedule as 4a insured but only with respect to liability ansmg out of your operations or premises ohncd by or reined to you t i CG 20 26 1195 Copyright, Insurance Services Office,Inc, 1984 EXHIBIT D DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows ' 1 1 have read the attached City of Kent administrative policy number 1 2 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability 1 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 cW� day of �/ . 2004. ■ e -Lao By /pSa✓ For Title. A"e-o Date. IExhibit D EEO DOCUMENTS-1 (Emergency and Basic Lde Support Ambulance Services Agreement CITY OF KENT ADMINISTRATIVE POLICY NUMBER 1.2 EFFECTIVE DATE January 1, 1998 SUBJECT, MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY. Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1 Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2 Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2 Monitoring to assure adherence to federal, state and local laws, policies and guidelines. Map (Emetuency and Bash:Gle Support Ambulance Servim AQroommo S CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on (date), between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 2004. By For Title Date i 1 I I Map (Emergency and Basic Lde Support Ambulance Services Agreement) ACORD„ CERTIFICATE OF LIABILITY INSURANCE °ATE 1j PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORINALTION Cindy Elbert Insurance Services 602-942-3900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3320 W.Cheryl pr.Ste B 220 HOLDER. THIS CERTIFICATE DOES NOT AMEND, DCTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix,Arizona 85051 INSURERS AFFORDING COVERAGE NAIC fI INSURED INSUREAA.Ernpire Fire 3 Marine Insurance 21326 Tri-Med Art►bulanw,LLC INSURER Rockhill Insurance Co 18821 E.Valley Highway INSURER Kent,WA 98032 INSURER o INSURER E COVERAGES THE POLICIES OF III.SURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS MID CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS WM POLIO/NUMBER POLICY EFFEGTNE POLICY EXMILLTION IJMITS A GENERAL LIABJLITY CL312639 11/2=006 i I rMP 007 EACH OCCURRENCE 3 1.000.000 DAMAGE X CO MEROIXGENERALLIABLITY PREM tVEA t 100,000 CLAM MADE X�occuR MEDExPwna» d+o� s 5,000 X Prof LIalHsly PERSONAI.f Aw�aAIRY 3 1,000,000 CENERALAGGREGATE s 2,000,000 GEM AGGREGATE LIMIT APPLES PER PRODUCTS-COMP(OPAGG S 2,000,000 POLICY PRO- LAC A AUTOMOBILE LIABILITY CL312638 11I2212006 111 2007 COMBINED SINGLE LUT f 1,000,000 ANYAUTO IEa ) ALL OWNED AUTOSI BODILY KAW X SCHEDULED AUTOS (Pd Pe ) t X HKRED AUTOS BODILY INJURY X NON-0WNED AUTOS (PraoadwW) t PROPEFITY DAMAGE s (Pr a¢Idenp GAR/vTE UAB6JTY AUTO ONLY-EA ACCM81T 3 ANY AUTO OTHER THAN EA ACC f AUTO ONLY AGG f B Lrt occEssAweREtuLIAB Y EACH OCCURRENCE f 9.000.000 TX OCCUR �ALAws MADE XSL000071-W 11Y2?J2006 11122l2047 AGGREGATE s 9,000,000 Is DEouereaLNE s RETEmnom EMPLaERST CO ABI ITY AND YYC TORYSTATLL OTtF ELPLO PME ORIPATY ER RTNENEXECUTIVE FLEACHA.00gENT i ANY __ OFFIC9VM9,6ER FXL15JOf37/ EL DISEASE-EA EMPLOYEE 3 SPECL0.L PRWLSKM&SODw C EL OISEASE-POLICY IJArT 3 OTHER 7 � r DESCRIFI MDF OPERATIOM)LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY E M"t?p*w IF Certificate Holder Is named as Additional Insured KENT FIRE pEPARTMEM CERTIFICATE HOLDER CANCELLATION City of Kent SHRRD ANY OF TIE ABOVE DESCR6Ep POLJCEs BE CANCELIED BEFORE THE EXPINATON 2200 4th Ave.South DATE THEREOF,THE Issuer TNSUPER WILL ENDEAVOR TO MAIL 10 GAYS wRr m Kent,WA 98032 NOTICE TO THE CERTFWATE HOLDER MANED TO THE LEFT,BUT FAILURE To Do so SHALL IMPOSE NO OBLIGATION OR LIABILTrY OF ANY KIND WON THE INSURER ITS AGENTS OR REPRESEMYATNES. NRe101tl?fD:MAT ACORD 25 t2001MB) 0 AC RD CORPORATION 1988 i Kent City Council Meeting Date February 20, 2007 Category Consent Calendar 1. SUBJECT: KENT POLICE DEPARTMENT FACILITY NEEDS ASSESSMENT AGREEMENT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement with Ambia, Inc to prepare a facility needs assessment for the Kent Police Department in the amount of$28,435 In 1988, the City contracted with Merritt& Pardini Architects to conduct a space needs assessment and complete the programming for a new Police headquarters. At that time, Dave Thomas was the principle architect Since then, the organization went out of business Mr Thomas is currently the principle architect at Ambia, Inc. Staff believe, it is in the City's best interest to negotiate an agreement directly with Ambia, Inc. to utilize Mr. Thomas's history, expertise, and to ensure continuity in this assessment. 3. EXHIBITS: Consultant agreement 4. RECOMMENDED BY: Public Safety Committee 2/13/07 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`s X Revenue? Currently in the Budget? Yes X 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 6S PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone. 253-856-5100 T Fax: 253-856-6050KENC WASHIN Address: 220 Fourth Avenue S. Kent, WA 98032-5895 1 DATE: February 13, 2007 TO: Kent Council Public Safety Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services ISUBJECT: Kent Police Department Facility Needs Assessment Agreement - Authorize MOTION: Move to recommend authorizing the Mayor to enter into an agreement with Ambia, Inc. to prepare a facility needs assessment for the Kent Police Department in the amount of$28,435.00. SUMMARY: The Parks Department is asking to contract with Ambia, Inc. to prepare a facility needs assessment for the Kent Police Department in the amount of $28,435 00. In 1988, Merritt & Pardini Architects was contracted to conduct a space needs assessment and complete the programming for a new Police Headquarters At that time, Dave Thomas was the principle architect Since then, the organization went out of business. Mr Thomas is currently the principle architect at Ambia, Inc Staff believe it is in the city's best interest to negotiate an agreement directly with Ambia, Inc. to utilize Mr Thomas's history, expertise, and to insure continuity in this assessment. EXHIBITS: Copy of Consultant Agreement, Procurement Waiver BUDGET IMPACT: None KENT MINpT ON CONSULTANT SERVICES AGREEMENT between the City of Kent and Ambia-Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"),and Ambia-Inc. organized under the laws of the State of Washington, located and doing business at 108 First Avenue South, Suite 200, Seattle,WA 98104 (hereinafter the"Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Prepare a facility needs assessment for the Kent Police Department in accordance with Consultant's January 16, 2007, Scope of Work attached and incorporated as Exhibit A. ' Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty- Eight Thousand Four Hundred Thirty Five Dollars ($28,435) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide 1 payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every 1 effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control a direct the performance and details of its work, the City being interested only in the results obtained under tj Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upi providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant possession pertaining to this project, which maybe used by the City without restriction. If the City's use Consultant's records or data is not related to this project, it shall be without liability or legal exposure to I Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under thij Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, nation origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who qualified and available to perform the work to which the employment relates. Consultant shall execute tj 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. I VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suit including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance 01 this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds tj avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.1151 then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant' negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THEI INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF � THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shalt procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide , reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) ■ X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon stnct performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. ' D. Written Notice. All communications regarding this Agreement shall he 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. tE. Assi ent. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) I F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreeme shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with aniff Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of tug City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreemen� However, should any language in any of the Exhibits to this Agreement conflict with any language contained i this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municip) laws, rules, and regulations that are now effective or in the future become applicable to Consultant's busines equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performan of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY: AMBIA-INC. CITY OF KENT By: By: e) (signature) Print ame: Jim 0 ogle Print Name: Suzette Cooke Its: Principal Its: Mayor (Title) (7-Itte) DATE: 1/31/07 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Attn: David P. Thomas,AIA Attn:Charles (Charlie) Lindsey, Superintendent of Ambia-Inc. Facilities 108 First Avenue South, Suite 200 City of Kent Seattle, WA 98104 220 Fourth Avenue South Kent, WA 98032 (206) 340-1552 (telephone) (253) 856-5080 (telephone) (206) 340-0412 (facsimile) (253) 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. 1 The following questions specifically identify the requirements the City deems necessary for any consultant, subconsultant 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 consultant, subconsultant or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime consultant 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 consultant, 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 Consultant, that the Prime Consultant complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 31 st day of January , 2007 ._ By: Jim Replogle - — Z& ' For: Ambia-Inc 1 Title: Principal Date: 1/31/07 EEO COMPLIANCE DOCUMENTS- 1 N CITY OF KE T ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i t 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 ana suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within ffi anyl 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 l 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. ' t t 1 t EEO COMPLIANCE DOCUMENTS -2 , CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT iThis form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date)—, ' between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Pohcy that was part of the before-mentioned Agreement. Dated this day of 1200 ._ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 Exhibit `A' City of Kent , Police Department Needs Assessment Scope of Services for updating Police Facilities Needs Assessment. Task 00—Project Start Up and Information Gathering 1. Project Scoping/Setup/Mobilization • General project organization and administration. • Develop project scope with City , • Collect and review existing drawings, surveys, reports, studies and plan documents. Z Compile Previous Base Information • Review current goals and objectives with Police. • Review current approach to headquarters and precincts • Develop site drawing base information from available information to be used during the process—if applicable. 3. Previous Program set-up • Review previous 1998/ 1999 Space Standards, Adjacency layouts and Space program. • Review current Police organization • Set-up new Space Program using current department information , Task 01 —Programming Activities A. Workshop#1— Two Days (Goals/ObjectivevW4 Issues/Program review) Objective: Review previous programming documents provided by City. Determine and update space needs to house all Police department personnel and administrative staff. Review operations flow for patrol and administrative staff functions, and define adequate parking counts for staff and fleet vehicles. Confirm accurate allowances for future expansion. Define project goals and objectives. • Discuss potential location of new headquarters • Discuss potential locations of new precincts. • Define length of implementing plan in years. • Define general project issues, opportunities,constraints and expectations • Establish parameters and criteria for successful program development • Confirm future uses and growth associated with the Police Department by reviewing previous program document and confirming program information. • Discuss potential funding approach and strategies for the project Ambia Archhectum l KeN Scope , 01/16✓07 ' Exhibit `A' • Discuss design criteria sheets for specific spaces. • Meet and review process and results with Police Committee. • Present findings to Police staff. Deliverables: Programming Document including design criteria data for primary spaces. Space adjacency diagrams. B. Workshop #2—One day Objective: Explore potential site and campus development alternatives incorporating program elements including existing and possible new Police building, parking, community access and other supporting campus infrastructure. Compare pros and cons of selected alternatives and identify possible budget and disruption impacts to Police operations. • Meet with the Police Committee to review and confirm program elements • Evaluate and test design alternatives against building, site, budget and operations criteria. Reduce alternatives to minimum workable solutions (two)for subsequent- cost evaluation. • Review conceptual building plan configurations and adjacency diagrams with potential site plan alternatives. Deliverables: Confirmation of updated Space Needs Program Site Development Alternatives—if applicable. 1 Task 02 -Predesign Cost Estimate (Roen) • Develop a cost model based on updated confirmed program. Cost information will be organized and presented in the Uniformat Building Systems format. • Establish a phasing plan to address the sequence of site/building construction activities for each development alternative if necessary Task 03 -Predesign Summary Report Objective: Prepare a predesign"Executive Summary Report"that documents all information and decisions resulting from the workshops and meetings. The report will describe the preferred direction and estimated budget for proceeding with the subsequent design phase.A draft report will be issued for review and comment. Deliverables: Predesign report with Contents: 1. Executive Summary 2. Programming and Space Criteria 3. Preferred Concept Site Development/Adjacency diagrams. Ambis Architecure 2 Kent Scope 01l16/07 Exhibit `A ' , 4. Project Budget and Schedule 5. Appendices Task 04—Police Committee Presentations , • Presentations and meetings with Police Committee describing scope of work 1 for the project,programmatic building and parking area requirements, and preliminary budget estimates (3 total estimated) • Presentation to City Council(if requested): same as above incorporating ! continents from Police Committee Members 1 1 1 1 1 L 1 i i 1 ! Ambia Architecaue 3 Kent Scope O111G/07 1 Ex =� Estimating Scope Inclusions and Exclusions Project: City of Kent Police Facility Date: Sort codes: 1=standard qualifications, 2=specific qualifications; 3=assumptions; 4=exclusions, 5 inclusions, 1Spec vision Sort code N Section Date Item 2 1 We will need two sets of plans and one set of specs to perform the estimate 3 2 We need copies of the other displme's documents(civil,MEP,etc)if we are checking theirestunates q 3 Soft costs are not included q 4 1 We exclude printaig costs. 1 q 5 No value engineering or constructabihty review time;s anticipated or included 5 6 Roen has included time to check any estimates by others(civil,landscape,MEP)for any obvious errors duplications,scope omissions and conflicts 5 7 A site visit is included. 5 We can assist with converting our systems style estimate to fit the C-100 form,but the responsibility for completirip the form is not ours 1 ' 1 1 1 1 1 1 1 i 1 1 1 �� 1 • Endunng ' P�chrtectu�e 1 Staff Hourly Billing Rates 1/4/2007 i Principals 150.00 - 175.00 Architectural Staff 75.00 - 135.00 Landscape Staff 85.00 - 135.00 Cost Estimator 140.00 , Quality Assurance 100 00 - 150.00 IT Technician 90.00 Professional Support Staff 55.00 - 105.00 Ambia reserves the right to make yearly inflationary adjustments to the above rates as deemed appropriate at our sole discretion. Staff will be assigned to projects based on our judgement related to an individuals qualifications or other work load commit Lo N Y 3, O V O O N C) O M x-�' Oo n �" (CD D CD � (D �� O0 C) f) O ., ti 00 f� O V M M (D N CD M N - N N d� U I- N V N _ LO M Q d (» (» 6S (A 69 fA 64 EH UA 69 cs3_ x v► bFJ ; `C CD CD 40 (D N c0 O O LO M �- W H � N cx oz - co � aD O Q m o N °' LL E v ' a in N � �= O N N N t 1� w (D i i i N i N N �a; �-`- N Hl 69 EH 6q ,.�: U) 69 b9 69; ,Eff ; .69 d! 3�.r C -a xk ems, M M O lcicol i V O , N Q 3. N I CO 00 O 00 I C) 14k OO f` CD O CL O � M N 0 V' m V - m r- M i` V - EA 613 69 fH V3 64 fA 69 - EA 69 fA „'., 6%, (A M 11c) CD (D V 00 k" V 00 (D _t MIq Al O O O O a O O O O ` O F*, O O _ O 0 0 ' ; O � O E W ;, V7 O N V O tD V ., m (R " N � N r N $. L Q -x fA V3 69 a` EA 69 69 tH fA to Ef> F" ,f O Q f (D V 00 (D sFs W (D V O M r r r IV �1 o @ c m N Vim. m i= NN E O 3 � '" Ni R O C (D µy. o =a e 7 N C7 m aD Q E ar '� t o o f° d D- ®= aa) E t acYY Q tip N N N m� Q_N 0. j Y C:.�' m^�4 `, C tC-LO w yr c g.Z. o 'Oa W ME m (2 �_;b m 'p dg � Em � Q ,- � � wEE � mary ,� _0 d DQo �2 � co of �` n � Ee � � rx,y o G� o c.`- CL mLNQ V o5 �< 5 tE- v, Z (n d a O G <Z o p C o C N C C p`Q N vl C, D w E o r o o m 2 tm r ;m 2 m � o u c :3 (a L@ 3 L 3 Q 'w Q ti u, a V rn V d CC a � Y m N d m U ar m m � n c00m Eoo4)-0 � o da�i gEs 'm N a.- E L U) 0CL < C.:� aN x , , " � � s 13'M < C: MW,dI- U R OOO Qdim 00 LL CD ca � 0 a R N 84 Q I 1 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance ' against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work 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 written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors,products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The 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 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial ' Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's ' profession. B. Minimum Amounts of Insurance , 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, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. ' ' EXHIBIT C (continued ) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and$1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: I. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not 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. i3. 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 ofaIl required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to ' each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements,including but not necessarily limited to the additional insured endorsement,evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. �k�l►SIT � ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM110fy M 1/3ll07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ACOrdla ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 520 Pike Street, 20th Floor HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Seattle, WA 98101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PH# 206-701-5000 INSURERS AFFORDING COVERAGE INSURED Ambia, Inc. INSURER A Continental Casualty Co 108 First Ave. S , Suite 200 INSURER B Transcontinental Ins Co Seattle WA 98104-2502 NsuRERc INSURER D INSURER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SU11 POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION(TR DATE WMI DATE(MMI LIMITS A GENERAL LIABILITY 2068979776 2126/06 2126/07 EACH OCCURRENCE S 1 OD0000 Y COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) 5 30000CE CLAIMS MADE 7 OCCUR MED EXP(Any one person) S 10000 X Stop Gap PERSONAL&ADV INJURY S 1000000 GENERAL AGGREGATE S 2000000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGO S ZOOOOO POLICY X PRE LOC B AUTOMOBILE LIABILITY 2068978731 2126106 2126107 COMBINED SINGLE LIMIT X ANY AUTO (Ea accoen0 s 1000000 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Pa person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (PC,acodcnU S PROPERTY DAMAGE S IPer acadeno GARAGE LIABILITY AUTO ONLY EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG S EXCESS LIABILITY EACH OCCURRENCE S OCCUR ❑CLAIMS MADE AGGREGATE S PS4 DEDUCTIBLERETENTION IS WORKERS COMPENSATION AND WCRY C SLIM T OTREMPLOYERS LIABILITYEL EACH ACCIDENTDISEASE-EA EMPLOYEEE L DISEASE POLICYLIMIT A OTHER AEA113778371 5/01/06 5/01/07 Professional $ 75,000 Ded $1,000,000 Per Claim Liability* $1 000 000 Aggregate DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESfEXCLUSIONS ADDED BY ENDORSEMENTISP£CIAL PROVISIONS SEE ATTACHMENT FOR ADDITIONAL INSURED WORDING , 'POLLUTION COVERAGE INCLUDED UNDER PROFESSIONAL LIABILITY CERTIFICATE HOLDER ADDITIONAL INSURED INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITT� Attn. Rosalie Givens NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHA 220 4th Avenue South IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Kent, WA 98032 REPRESENTATIVES AUTH 12ED REPR T ACORD 25-S(7197) 11-41 O ACORD CORPORATION 198E 1 1 IMPORTANT i If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement 1 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 1 DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between ' the issuing insurer(s), authorized representative or producer, and the certificate holder nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon 1 1 1 i i 1 i 1 1 1 ACORD 25-S(7/97) i 1 NAMED INSURED: AMBIA, INC. ATTACHMENT FOR CITY OF KENT 1 CITY OF KENT IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTO 1 LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATIONS OF THE NAMED INSURED. INSURANCE IS PRIMARY AND NON-CONTRIBUTORY. AGGREGATE LIMITS OF INSURANCE PER PROJECT APPLIES . SEE THE ATTACHED ENDORSEMENT. DJT 1 1 1 . 1 1 1 1 1 X E) IT 4 1 G-123127 8 r t ' OVA (Ed IW2) �. � WWA 'IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THEE ADDITIONAL I INSURED IN THE EVENT OF OCCURRENCE, OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C., OF THIS ENDORSEMENT FORTHESE DUTIES. ' THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY L i BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE r BLANKET WAIVER OF SUBROGA11ON Architects,Engineers and Surveyors 1 This endorsement modifies insurance provided under the foltovrfng: E� ' BUSINESS ACCOV NT PACKAGE POLICY-BLISINESS LIABILITY COVERAGE FORM ' BUSINESSACCOUNT PACKAGE POLICY-COMMON POL iCY CONDITIONS A WHO IS AN INSURED (Section C) of the Business damage,""personal injury' or"advertising trW Liability Coverage Form is amended to include as an arising out of an architect's, engineers or ' insured any person or organization whom you are surveyors rendering of or farkrre to render any required to add as an additional insured on this policy professional services Including: under a written oort►act or written agreement,but the a. The preparing,approving,or railing to prepare written contract or written agreement must be, or approve maps, shop drawings, opinions, 1. Currency in affect or becoming effective during the reports, surveys, field orders, change orders term of this pairy,and or drawings and specifications by any Z Executed riar `to the *bodily inu a architect, engineer or surveyor peftmng p N try. "property services on a project of which you serve as damage""personal injury'or"advertising injury" construction manager,or ' 8, The insurance provided to the additional insured is b, Inspection, supervision, quarry control, limited as follows: engineering or architectural serwrces done by ; 1 That person or organization is an additional you an a project of which you serve as ' insured solely for liability due to your negligence cnns7vfl m manager specifically resulting from `your work" for the 5 This Insurance does not apply to'bodily iryury," additional Insured which is the subject of the "property damage,' "personal injury" or written contract or written agreement No "advertising injury'arising out of coverage applies to tlabihty resulting from the sole = negligence of the additional insured a The construction or demolition work whie you are acting as a construction or demotion 2. The Linfas of Insurance applicable to the contractor This exclusion does not apply to additional insured are those speed in the work done for or by you at your premises. written contract or written agreement or in the Declarations of this policy, whichever is less. C GENERAL.CONDITIONS -Duties In The Event of These limits or insurance are iriclusive of and not Occurrence,Offense,Claim or Suit(Section E 2)cd e inaddltlort to,the limbs of Insurance sham in the the Business Ltebility Overage Form is amended to € Declarations add the fof WrQr ' == I The coverage provided-to the additional insured An additional insured under this endorsement will as F within this endorsement and section tilted soon as,practicable: j DEFINITIONS - "Insured Contract" (Section 1. Give written notice of an occurrence or an offense Cf F 8)within the Business Liability Coverage Fong, to us which may result in a claim or "suit*under ' does not apply to "bodily injury' or 'property this Insurance: damage" arising out of the "producir completed � aperatlons hazard"unless required by the written 2. Tender the defense and indemnity of any claim or contract or written agreement "sui" to us for a loss we cover under this k ' 4 The insurance provided to the additional insured Coverage Part ; does not apply to -bodily injury,' 'property r G-123127-B Page 1 of 2 (Ed 12't12) #{r 4' 13 123127_B (Ed.12102) 3 Tender the defense and indemnity of any claim or the additional Insured's rights against all those "suir to any other insurer which also has otner insurers, insurance for a loss we cover under this Coverage ' Part:and When U is insurance is excess over other insurance, we will pay only our share of the 4 Agree to make available any other insttrance amount of the loss,if any.that exceeds the sum which the additional insured has for a loss we of. cover under this Coverage Part. (ai The fatal amount that all such other insurance We have no duty to defend or Indemnify an additional would pay for the loss in the absence of this insured under this endorsement until we receive insurance:and written notice of a claim or"suit"from the additional insured (b) The total of all deductible and self-insured amounts under all that otter insurance D. OTHER INSURANCE (Section H. 2 & 3) of the Common Policy Conditions are deleted and replaced We wilt share the remaining loss,if any,with any with Ute fiolbWng other insurance that is not described in this Excess insurance provision and was not bought 2 This insurance is excess over any other insurance specifically to apply in excess of the Lknss of naming the additional insured as an insured Insurance, shown in the Declarations of this whether primary, excess, contingent or on any Coverage Part other basis unless a written contract or written E. TRANSFER OF RIGHTS OF RECOVERY AGAINST agreement specifically requires that Ibis insurance OTHERS TO US(Section.1.2?of the Common Policy be either primary, or primary arxi noncontributing Conditions is deleted and replaced with the foibwing. to the additional insured's own coverage This insurance is excess over arty other insurance to 2 We waive any right of recovery we may have which the additional insured has been added as against any person or organization against whom an additional insured by endorsement you have agreed to waive such right of recovery in 3 When this insurance is excess, we)till have no a written contract or agreement because of duty finder Coverages A or 8 to defend the, payments we make for injury or damage arising additional insured against any '+suit" if any other out of your ongoing operations an "your work" insurer has a duly to defend the additional insured done under a contract with that person or against that suit no ether insurer defends, t orgadization and included wthn the "products. " will undertake to do so trul we will be,enticed to completed operations hazard - Cr 123127-$ Page 2 of 2 (Ed. 12102) Kent City Council Meeting Date February 20, 2007 Category Bids 1. SUBJECT: LID 353: 4TH AVENUE N./76TH AVENUE S. SIDEWALK IMPROVEMENTS, SR-167 TO S. 224TH STREET 2. SUMMARY STATEMENT: The bid opening for this project was held on February 13, 2007, with four bids received The tow bid was submitted by Rodarte Construction, Inc. in the amount of$652,957.50 The Engineer's estimate was $712,740.00. The Public Works Director recommends awarding this contract to Rodarte Construction, Inc. 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember ,f,2seconds to award the LID 35-1z,4th Avenue N./76th Avenue S Sidewalk Improvements, SR-167 'i to S. 224th StreeVontract to Rodarte Construction, Inc. in the amount of$652,957.50 and authorize the Mayor to sign the necessary contract. - u DISCUSSION: 1 ACTION: Council Agenda Item No. 8A PUBLIC WORKS DEPARTMENT Larry R Blanchard Public Works Director • Address 220 Fourth Avenue S Kent,WA 98032-5895 K E N T WASH N G T O N Phone 253-856-5500 Fax 253-856-6500 DATE: February 13, 2007 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE: LID 353: 4th Avenue N./76th Avenue S. Sidewalk Improvements, SR-167 to S. 2241h Street Bid opening for this project was held on February 13, 2007 with four bids received. The low bid was submitted by Rodarte Construction Inc., in the amount of $652,957.50. The Engineer's estimate was $712,740.00. The Public Works Director recommends awarding this contract to Rodarte Construction, Inc. Bid Summary Rodarte Construction, Inc. $652,957.50 Westwater $691,720.00 Construct Company $691,950.00 Advanced Construction, Inc. $798,375.60 Engineer's Estimate $ 712,740.00 I 1 u tpwcommittee'�unnlpacket200T2007\feb20 doc REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT A-D B. MAYOR V rCe — U1 l2,Vl bi a0 7 C. OPERATIONS COMMITTEE tD. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE i G. PUBLIC WORKS (2,' k H. ADMINISTRATION Clog) �S /titMd, & 6!,t an c fn (( A" P . REPORTS FROM SPECIAL COMMITTEES KENT W 1.S H I N O T O N OPERATIONS COMMITTEE MINUTES DECEMBER 5, 2006 iCommittee Members Present: Tim Clark, Chair, Deborah Ranniger and Debbie Raplee The meeting was called to order by Tim Clark, Chair at 4:09 p.m. 1. APPROVAL OF MINUTES DATED NOVEMBER 21, 2006 Debbie Raplee moved to approve the minutes of the November 21, 2006, Operation Committee meeting. Deborah Ranniger seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED NOVEMBER 30, 2006 Finance Director Robert Nachlinger presented the vouchers November 30, 2006, for approval. 1 Deborah Ranniger moved to approve the vouchers dated November 30, 2006. Debbie Raplee seconded the motion, which passed 3-0. 3. 2007 BUDGET ADOPTION ORDINANCE Mayor Suzette Cooke introduced the 2007 Budget Adoption Ordinance which adopts the 2007 budget and clarified the City's priorities Mayor Cooke and Chief Administrative Officer John Hodgson provided the Committee with revised exhibits and discussed each revision. The budget to be adopted is summarized in the revised exhibits Questions and comments were discussed between the Committee and Mayor Cooke, Chief Administrative Officer Hodgson and Finance Director Bob Nachlinger. Debbie Raplee moved to amend the Budget Adoption Ordinance to add $100,000.00 annexation costs in the Capital Improvement Fund. Tim Clark seconded the motion, which passed 2-1, with Deborah Ranniger opposing. Tim Clark stated that there is already an understanding with the Administration that simply creates the line item and it is not a commitment to actually expend it at this time The matter will be discussed and dealt with after the Council Retreat accordingly. Debbie Raplee then moved to restore the original proposal to maintain the customer service representatives for the water and the sewer. Deborah Ranniger seconded the motion, which passed 3-0. Debbie Raplee then moved to recommend adoption of the ordinance adopting the 2007 budget with additions and deletions as this Committee has discussed. seconded the motion, which passed 3-0, with Deborah Ranniger stating that she will vote for it but remain concerned about the electrical utility study and the graffiti position, however, will not hang up the larger budget because of these two things. Tim Clark then expressed his enthusiasm for the Job Administration has done in terms of putting together the budget package that meets the needs as expressed between Council and Administration. Operations Committee Minutes December 5, 2006 Page: 2 Debbie Raplee stated that she is looking forward to getting more involved up front so that there are not last minutes issues next year. Deborah Ranniger appreciated the dialog with Administration and thought it was a good budget overall and liked the new formatting with a few revisions as we move on. 4. WRITE-OFFS FOR 2006 Finance Director Robert Nachlinger presented the Write-Offs for 2006. Mr. Nachlinger advised that the Washington State Auditor's Office has recommended that the City write-off uncollectible accounts receivables that are over one year old. The write-off request is for $14,752.28 on uncollectible accounts from 2005 which consists of 1) Accounts receivable $1,957.67, Utility Billing Bankruptcy $530.51, and Permits $12,264 10. There is no budget impact resulting from these write-offs as the amount has been fully reserved as a bad debt in previous years. Questions and comments were discussed between the Committee and Mr. Nachlinger. Community Development Director Fred Satterstrom addressed the permits to be written off and addressed the Committee's questions Deborah Ranniger moved to recommend that the Operations Committee authorize the write-offs of miscellaneous accounts receivable, utility billing and permit charges totaling $14,752.28 for accounts from 2005. Debbie Raplee seconded the motion, which passed 3-0. 5. Comprehensive Plan/Capital Facilities Element Amendment and Update to Chapter ' 12.13 Kent City Code Planning Manager Charlene Anderson presented the Comprehensive Plan/Capital Facilities Element Amendment and Update to Chapter 12.13 Kent City Code as previously discussed on November 21st. Ms. Anderson advised that the Kent City Code provides for imposition of school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans. The Kent, Federal Way and Auburn School Districts submitted their updated Capital Facilities Plans to the City of Kent and are proposing to amend school impact fees. The City Council held the required public hearing on November 21, 2006, at the same time as the second public hearings for the budget and the City's 6-year Capital Improvement Plan One of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards. The Act (RCW 36 70A 070) requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities. RCW 82.02.050 authorizes cities planning under the Growth Management Act to impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development. As a result, KCC 12.13.080 and 090 provide for imposition of school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their i Operations Committee Minutes December 5, 2006 Page: 3 updated capital facilities plans (KCC 12.13.060 & 070). Questions and comments were discussed between the Committee and Ms Anderson Debbie Raplee moved to recommend updating the Capital Facilities Element of the Kent Comprehensive Plan and Chapter 12.13 Kent City Code to incorporate the 2007-2012 Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts, including updated School Impact Fees, as recommended by staff. Deborah Ranniger seconded the motion, which passed 3-0. 6. Comprehensive Plan Amendment to include 2007-2012 Capital Improvement Plan Planning Manager Charlene Anderson presented the Comprehensive Plan Amendment to include 2007-2012 Capital Improvement Plan. Ms. Anderson advised that the Kent City Code allows update of the Capital Facilities Element of the Kent Comprehensive Plan concurrent with the adoption of the City budget The Capital Facilities Element includes the City's 6-year financing plan, which is updated annually. The City Council held the required public hearing on this proposed update to the Kent Comprehensive Plan on November 21, 2006, at the same time as the second public hearings for the budget and the City's 6-year Capital Improvement Plan. One of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards The Act (RCW 36.70A 070) requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities needed in the future Questions and comments were discussed between the Committee and Ms. Anderson. Deborah Ranniger moved to recommend updating the Capital Facilities Element of the Kent Comprehensive Plan to include the 2007-2012 Capital Improvement Plan, as recommended by staff. Debbie Raplee seconded the motion, which passed 3-0. 7. 3rd Quarter 2006 Financial Report Finance Director Bob Nachlinger presented the 3rd Quarter 2006 Financial Report for informational purposes only. The meeting was adjourned at 4:58 p.m. Renee Cameron Operations Committee Secretary l 1 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES JANUARY 16, 2007 Committee Members Present: Tim Clark, Chair, Deborah Ranniger and Debbie Raplee The meeting was called to order by Tim Clark, Chair at 4:02 p.m. 1 1. APPROVAL OF MINUTES DATED DECEMBER 5, 2006 Deborah Ranniger moved to approve the minutes of the December 5, 2006, Operation Committee meeting. Debbie Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED DECEMBER 15 2006 AND DECEMBER 31 2006 Finance Director Bob Nachlinger presented the vouchers dated December 15, 2006, and December 31, 2006 for approval. Debbie Raplee moved to approve the vouchers dated December 15, 2006, and December 31, 2006. Deborah Ranniger seconded the motion, which passed 3-0. 1 3. OFFICIAL NEWSPAPER OF THE CITY OF KENT City Attorney Tom Brubaker presented the resolution which would designate The Seattle Times as the official newspaper for the City of Kent. Mr. Brubaker advised that a number of years ago the City of Kent and designated the Daily News Journal, now known as the King County Journal, as the city's official newspaper. However, the owners of the King County Journal announced they will discontinue the newspaper's publication as of January 21, 2007. RCW 35A.21 230 requires each code city to designate by resolution an official newspaper of general circulation within the city In order to reach the widest audience, staff recommends The Seattle Times as the city's official newspaper. Although this resolution designates The Seattle Times as the city's official newspaper, it specifically reserves the city's right to use other newspapers of general circulation, in place of or in addition to The Seattle Times, as the city deems appropriate and as authorized by law. A number of other cities were contacted and advised that with the closing of the King County Journal they were switching to The Seattle Times, which is best positioned to provide the level of notice needed for the citizens of Kent Consideration of the Kent Reporter was made however, it only publishes twice a week and some of the city's notices are time sensitive so the city cannot rely on the Kent Reporter to publish on the dates needed for many notices. Sometimes for city construction work bids are published in the Daily Journal of Commerce so that right must be reserved. However, this may not work for the city's regular circulation because the Daily Journal of Commerce is primarily a business newspaper and residents don't typically subscribe. Another consideration is the Tacoma News Tribune However, it is a primarily a Tacoma area paper and though they report on South King County news issues, they only have approximately 400 subscribers within the City of Kent. Therefore, it was determined that even though it is more expensive, The Seattle Times would be the best choice. If, after time, coverage for the South King County news is competitive with the remaining newspapers and it is determined that another paper would be a better choice, the city can re-designate. i Operations Committee Minutes January 16, 2007 Page: 2 Questions and comments were discussed between the Committee and Mr. Brubaker. It was determined that the Kent Reporter will be used whenever it can and, if the Committee would like to switch to the Kent Reporter as the official newspaper, that change can be made before tonight's Council meeting. Mr. Brubaker advised that this resolution is currently set for Council's consideration on Consent Calendar tonight in order to re-designate the city's official newspaper before the King County Journal closes. Mr. Brubaker stated that should the resolution not be recommended by the committee, it be pulled from the Consent Calendar and placed on Other Business. Committee members stated that they would prefer, if possible, to designate the Kent Reporter as the city's official newspaper and if it is determined that an official newspaper has to be a daily publication newspaper, than the motion would need to be amended to allow the city to revisit this issue and choose either the Tacoma News Tribune, The Seattle Times, Daily Journal of Commerce, or the Seattle Post Intelligence, and not just default to The Seattle Times. Deborah Ranniger then moved to recommend adoption of a resolution designating the Kent Reporter as the official newspaper on the condition that if the law prohibits the city from designating a non daily newspaper, then the City Council will have the choice of designating the Tacoma News Tribune, The Seattle Times, Daily Journal of Commerce, or The Seattle Post-Intelligence as its official newspapers and that this agenda item be placed on Other Business for the January 16, 2007, City Council meeting. Debbie Raplee seconded the motion, which passed 3-0. The meeting was adjourned at 4:34 p.m. Ten Petrole Acting Operations Committee Secretary i iCity of Kent Parks and Human Services Committee KENT Meeting Minutes November 16, 2006 ITEM #1 Call to Order: Debbie Raplee called the meeting to order at 5:00 p.m. iCouncil Present: Debbie Raplee, Bob O'Brien, Ron Harmon attended the meeting in Debbie Ranniger's absence Added Items: #9: Kiwanis Club of Meridian Donation for Service Club Ballfields—Accept and Amend Budget #10: Kiwanis Club of Kent Donation for Service Club Ballfields —Accept and Amend Budget Item #1 Minutes of October 19. 2006—Approve MOTION: Bob O'Brien moved to approve the minutes of October 19, 2006. Ron Harmon seconded and the motion carried 3-0. Item #2: Riverbend Golf Complex Well Pump Repair Agreement - Authorize Superintendent of Riverbend Golf Complex Pete Petersen reported that the aging water system which was installed 13 years ago was nursed through the summer, as the water flow from the well pump was extremely low, resulting in major cutbacks in irrigation water for the two courses. An inspection completed after the dry season identified an aging pump that needs to be replaced. Other recommended work was identified to ensure efficient operation of the pump system. These emergency repairs need to be completed this winter before the 2007 irrigation season. Funding will be provided by the Golf operating budget. The project will extend the pump another 90 feet which will bring the pump up to speed with the current irrigation system needs. >� Golf Pumping Services, LLC is known throughout the northwest golf industry as the leader in golf course pumping systems. They have performed all work on the existing pump system and understand the complex nature of well pump systems for golf course irrigation. Staff recommends that Golf Pumping Services, LLC perform this emergency repair work at the golf course. MOTION: Ron Harmon moved to recommend Council authorize the Mayor to sign the agreement with Golf Pumping Services, LLC to perform emergency repairs to the well pump system at the Riverbend Golf Complex in the amount 1 of$57,127.00, upon review by City Attorney. Bob O'Brien seconded and the motion carried 3-0. Item #3: Kent Pool Funding - Authorize Parks Director Jeff Watling reported that each year additional funding has been requested for operation of the Kent pool. Funding is available through the Youth/Teen budget, but will not affect youth/teen services. Maintenance of the building is provided by the city's Facilities Division. The Aquatic Management Group was hired in 2003 to operate the pool. Aquatic Management Group (AMG) staff provided funding history and profit and loss information. AMG is asking the City of Kent for an additional $25,000.00 to assist in the operation of the Kent Pool. MOTION: Bob O'Brien moved to recommend authorizing an additional $25,000.00 be allocated from the Youth/Teen Fund budget to the Aquatic Management Group for continued operation of the Kent Pool. Ron Harmon seconded and the motion carried 3-0. Item #4: 2007 to 2012 Human Services Master Plan - Approve Housing and Human Services Manager Katherin Johnson acknowledged Pastor Brett Hollis, Menna Hanson and the Human Services Commission for efforts in preparing the Master Plan. Katherin reported that the proposed Building a Health Community, 2007 - 2012 Human Services Master Plan outlines the funding priorities, strategies and outcomes the City of Kent will use to improve the quality of life in Kent through human services and other related activities. The proposed strategies will move Kent's Human Services toward a Community Investment model that promotes programs that help individuals develop or maintain their self-reliance, improve employment opportunities, address community issues early from a prevention model, while maintaining safety net services until they are no longer needed. See attached Staff Report for detail. Pastor Hollis shared that the last Human Services Plan was last compiled in 1995. Merina i Hanson reviewed the process and key components of the plan. To develop and update the plan a consultant, Bonnie Olsen, was hired to develop a framework, research the data and conduct focus groups. Groups met to provide input, interviews were conducted with more than twenty community members, and the Commission looked at existing data and research. Within the plan guiding principles were developed based on healthy communities, self reliance, equal access, respect and dignity, and agency accountability. The Master Plan will be updated every two years. The following five funding priorities were developed to provide a safety net as well as prevention: Meet Community Needs: ensure people facing hardship have access to resources; Increase self Reliance: help individuals break out of the cycle of poverty; Strengthen Children and Families: provide children, youth and families with community resources needed to support positive development; Build Safe Communities: provide resources and services that reduce violence, crime and neglect.; and Improve Health and Well being: provide access to services to promote positive mental, physical and independent lives. Staff and the Commission will work together to strategize funding options. Policy focus areas were developed based on assessing existing gaps in services, unmet needs and system improvements necessary to meet Housing and Human Services principles and the City's goal to Building a Healthy Community, Focus areas include: Self Reliance: offer opportunities to gain job skills; Economic Development: ensure a strong community due to economic stability; Children and Youth Services, provide supportive environments, Family Support Service: assist families in balancing work and family; Senior Services: provide options for community involvement and independence; Equal Access to Services: offer service design and responsiveness to changing needs; Maintain Safety Net and Basic Needs Services: supply food, shelter, health and safety needs; Safe Communities: access to quality crisis intervention and services for victims of violence, with a focus on prevention; System Improvements: enhance linkages between local agencies and services; Housing: expand partnerships with developers, housing alternatives, affordable housing options near transportation hubs, and provide housing alternatives. Bob O'Brien asked for clarification of this plan and the new Neighborhoods Program. I Katherin explained that the Neighborhoods Program synthesizes neighborhoods and the Human Services Plan involves the entire community. The Funding priority entitled "Budding Safer Communities" will be changed to 'Building a Safer Community." Ron Harmon encouraged staff to pursue additional funding as necessary for programs outlined in the Master Plan. Debbie Raplee praised staff and the Human Services Commission for their time and tireless efforts to obtain services for local residents in need. MOTION: Ron Harmon moved to recommend Council approve the proposed "Building a Healthy Community: 2007 - 2012 Human Services Master Plan. " Bob O'Brien seconded and the motion carried 3-0. Item #5: Art Mural Agreements - Authorize Cultural Program Coordinator Mark Hendrickson explained that as part of the City's Public Art Collection the mural entitled Transitions, painted by Danny Pierce, was placed on the Rasmussen Building, located on 2nd and Meeker. In June 2006, it was removed due to scheduled demolition of the building. The mural was taken to Art Tech, a storage facility in Renton, for repair and storage. The new location, approved by the Arts Commission, is 403 West Meeker and is owned by Anderson Associates. A lease agreement is required to place the mural on this building. When executed, the lease agreement with Anderson Associates will run for ten years. New placement of the mural impacts property owner Don Dahlgren. The mural encroaches onto Mr. Dahlgren's property, located at 416 West Meeker Street. Therefore, an Encroachment Agreement with Mr. Dahlgren is necessary. The mural will be installed in January 2007. MOTION: Bob O'Brien moved to recommend Council authorize the Mayor to sign a Lease Agreement with Anderson Associates for the building located at 403 West Meeker, and an Encroachment Agreement with Don Dahlgren for the property located at 416 West Meeker Street for placement of a city- owned art mural, as approved by the City Attorney. Ron Harmon seconded and the motion carried 3-0. 1 I Item #6: King County WaterWorks Grant for Clark Lake Outlet—Accept and Amend Budget Superintendent of Parks and Open Space Lori Flemm reported that Parks staff applied to King County WaterWorks to continue the restoration along Wandering Creek and the Clark Lake Outlet. Staff was informed on July 25"' that the project was fully funded in the amount of $21,500.00. The grant will be used to continue restoration efforts using volunteers at the ReLeaf 2007 event. Lori shared that staff and citizens are very pleased that salmon have been seen spawning in the creek. In addition, to assist in the development of a healthy econ system, when dead salmon are found, their carcasses are placed along the creek to decompose in order to develop a healthy eco system. MOTION: Ron Harmon moved to recommend Council accept the grant of $21,500.00 from King County WaterWorks for the Clark Lake Outlet Restoration Project, and approve the expenditure of funds in the Clark Lake Outlet Restoration budget. Bob O' Brien seconded and the motion carried 3-0. Item #7: Soos Creek Water and Sewer District Easement at Service Club Ballfields—Authorize Lori Flemm reported that a sanitary side-sewer line runs from the main line located in 144"' Avenue SE Right-of-Way to the restroom/concession/shelter building at Service Club Ballfields, located at 14608 SE 288th Street. Soos Creek Water and Sewer District requires that an easement be granted for the side sewer prior to the connection to the main line, at a cost to the City of $1.00 per year. MOTION: Ron Harmon moved to recommend Council authorize the Mayor to sign the Agreement for Easement with Soos Creek Water and Sewer District for the sanitary sewer line for Service Club Ballfields. Bob O'Brien seconded and the motion carried 3-0. Item #8• Cordi Properly Lot Line Adjustment at Service Club Ballfields — Authorize Lori Flemm reported that the property directly north of Service Club Ballfields, 14608 SE 288t' Street, is owned by Mr. and Mrs. Cordi. When the City originally purchased the property for this park, it was unknown that a portion of the Cordi's fence line was on City property. The Cordi's have been maintaining this portion of the property for more than ten years and have a potential case for adverse possession. In negotiations with the Cordi's, the City is willing to grant a Lot Line Adjustment for the same amount of property on the Cordi's east property line. In return the Cordi's will sign a release of claims for the property that is in question. The Release of Claims will be drafted by the City Attorney's office. MOTION: Bob O'Brien moved to recommend Council authorize the Mayor to sign the General Release of Claims and Settlement Agreement and Quit Claim Deed with Mr. and Mrs. Cordi, owners of property adjacent to Service Club Ballfields. Ron Harmon seconded and the motion carried 3-0. Parks and Human Services Committee Meeting Minutes of January 18, 2007 KENT Call to Order: Debbie Ranniger called the meeting to order at 5:03 p.m. Council Present: Chair Debbie Ranniger, Debbie Raplee, Bob O'Brien Item #1 Minutes of November 16, 2006—Approve MOTION: Debbie Raplee moved to approve the minutes of November 16, 2006. Bob O'Brien seconded and the motion carried 3-0. Item #2: DSHS Client Service Contract for Safe Havens Services—Accept and Amend Budget Housing and Human Services Manager Katherin Johnson shared that Safe Havens is specifically geared toward abusive fathers and their parental right to have monitored visitation with their children. Each year staff applies for the grant which must be spent each year by June. The State of Washington DSHS Grant funds will be used to provide personnel services to low income families at the Safe Havens Visitation and Exchange Center. Motion: Bob O'Brien moved to recommend authorizing the Mayor to enter into an agreement with the State of Washington, accepting the DSHS Grant of$32,664.00 to fund Safe Havens services and approving the expenditure of funds in the Safe Havens budget. Debbie Raplee seconded and the motion carried 3-0. Item #3: DSHS Interlocal Acirreement for Safe Havens Center—Accept and Amend Budget Housing and Human Services Manager Katherin Johnson reported that the State of Washington Department of Social and Human Services (DSHS) grant funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center, which is located across the street from City Hall on Gowe. The Federal grant is applied for each year and funds must be used by June. This facility is the only non profit sliding fee operation in the State of Washington. The funds will be used to pay for the center's monitors. Katherin shared that Tracee Parker, Manager of Safe Havens, has been recognized across the nation for her services. The Council will schedule a visit to the center. Motion: Debbie Raplee moved to recommend authorizing the Mayor enter into an agreement with the State of Washington, accepting the DSHS Grant of$50,000.00 to fund Safe Havens Center and approving the expenditure of funds in the Safe Havens budget. Bob O'Brien seconded and the motion carried 3-0. Item #4: 2007 City Art Plan and 2007-2010 Five Year Art Plan - Approve The new Visual Arts Coordinator, Cheryl dos Remedios was introduced. Cheryl explained that the City Art Plan shows projects carried over from 2006, details of projects for 2007, and specifies art expenditures planned for 2007-2011, as part of the 5-year plan. The Visual Arts Committee worked with staff to craft the plan which was approved by Kent Arts Commission on December 12, 2006. Cheryl reported that $104,500.00 will be carried over from 2006. She is working on a sight holder, which is signage to bring people from the downtown core into the new Town Square Park, currently under construction, and on to Kent Station. Artists for the projects proposed in the plan are selected through a roster process and then presented to committees. Cheryl invited the Council to participate on a future artist selection panel. Motion: Bob O'Brien moved to recommend approving the 2007 City Art Plan and the j 2007-2011 Five Year Art Plan. Debbie Raplee seconded and the motion carried 3-0. Item #5: Riverview Park Master Plan —Approve Superintendent of Parks and Open Space Lori Flemm explained that Riverview Park is a 14-acre community park located east of the Green River off Hawley Road and south of Willis Street. All the land acquired has been through grants. Two public meetings were held to gather citizen input for the master plan, with over 900 citizens invited. The PowerPoint displayed amenities for the proposed park which include: parking, restroom, picnic shelter, play equipment, car top boat ramp, accessible bank fishing area, trail, open play area and a designated Green River trailhead. The Green River Trail currently runs north/south through the eastern edge of the park property. The project will start this summer. Lori stated that the city signed a parking agreement for the city-owned property located next to King Count Journal building and that all excavated dirt from the site will be used in park landscaping. She added that many grants applications are pending to fund this project. Motion: Debbie Raplee moved to recommend approving the master plan for Riverview Park. Bob O'Brien seconded and the motion carried 3-0. Item #6: 2006 Fourth Quarter Fee-in-Lieu Funds - Accept and Amend Budget Superintendent of Parks and Open Space Lori Flemm explained that between October and December 2006, the City of Kent received a total of $83,631.00 from five developers who voluntarily paid fees, in lieu of dedicating park land to mitigate the development of single family homes in five subdivisions: • 272nd Street Park Budget: $30,500.00 for Kentara development • Turnkey Park Budget: $21,075.00 for Kam Singh development • W. Fenwick Park Budget: $10,800.00 for Punjab development • Master Plan Budget: $13,831.00 for Millbrook Estates development • Service Club Park: $7,425.00 for Lang development Bob O'Brien commented that during citizens at public meetings are requesting more space for kids to play because homes are larger and lots are smaller. Motion: Bob O'Brien moved to recommend accepting $83, 631.00 in development fees for the fourth quarter of 2006, and authorizing the expenditure of funds in the 272nd Street Park budget, Turnkey Park budget, West Fenwick Park budget, Master Plan budget, and Service Club Park budget. Debbie Raplee seconded and the motion carried 3-0. Parks and Human Services Committee-Minutes of January 18 2007 Page -Page 2 Item #7: Eagle Scout Program Donations—Accept and Amend Budget Superintendent of Parks and Open Space Lori Femm reported that staff work with Boy Scouts throughout the area to develop projects of value to the City and for Scout's success in obtaining Eagle Scout honors. ' Lori introduced Dallin Connell from Troop #414 who chose to complete 200' of a gravel, accessible trail in Clark Lake Park for his advancement award as an Eagle Scout. City funds are available for each project, but each Scout is encouraged to solicit donations of cash and/or materials as part of his leadership responsibilities to off-set total expenses Dallin solicited $373.00 in donated cash from local businesses, family and friends. He secured discounts for I equipment rental and material and received donations of food for the 55 volunteers. Dallin led other Scouts and completed his project in November providing 372.75 volunteers hours with a value to the City of$4,473.00. Lori also commended Victoria Andrews for her coordination of volunteer services. Motion: Debbie Raplee moved to recommend accepting the $373.00 donation from Dallin Connell and authorizing the expenditure of funds in the Eagle Scout Projects budget. Bob O'Brien seconded and the motion carried 3-0. Item #8: Kent Downtown Partnership Donation for Hanging Basket Program — Acceut and Amend Budget Superintendent of Parks and Open Space Lori Flemm reported that the Parks Maintenance Division's goal for 2006 is to have a hanging basket on every green pole in the downtown area. This objective expands the existing plan by forty-four baskets. 1 Lori commented that the planters in the downtown area are maintained by the Public Works Department and the baskets located outside businesses are maintained by the business owners. Lori acknowledged the Kent Downtown Partnership for donating $800.00 toward the cost of purchasing hanging flower baskets and liners for the 2006 season. Motion: Bob O'Brien moved to recommend accepting the $800.00 donation from the Kent Downtown Partnership and authorizing the expenditure of funds in the Greenhouse budget. Debbie Raplee seconded and the motion carried 3-0. Item #9: What's Happening in Parks - Informational Director Jeff Watling shared with the Committee upcoming events. • Public Meeting for neighborhood Turnkey Park Master Plan • Spotlight Series highlighting the performance by Ladysmith Black Mambazo at Kentwood Performing Arts Center on January 21; Rythum and Blues artist Charles Musselwhite on February 3 at Kent-Meridian Performing Arts Center; Wylie and the Wild West on February 9, at Kentwood Performing Arts Center, and Tangoheart on February 14, at Kent-Meridian Performing Arts Center. F The meetingadjj�no'urned at 5:55 p.m. R\ ex y�s 1 f "044 Teri Petrole "` Parks and Human Services Committee-Minutes of January 18,2007 Page -Page 3 i j `� KENT w.= , T - CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES 1 January 9, 2007 COMMITTEE MEMBERS: Ron Harmon, Bob O'Brien, and Les Thomas, Chair • The meeting was called to order by Chair Les Thomas at 5 04 PM. • Ron Harmon added item#7 to the agenda 1. Approval of Minutes Ron Harmon moved to approve the minutes of the December 6, 2006 meeting. The motion was seconded by Bob O'Brien and passed 3-0. 2. Kent Fire Department Work Plan 2007—INFO ONLY Fire Chief Jim Schneider reviewed specific items in the Work Plan 2007 document The Work Plan addresses items such as a 6 year levy, alternative sources for funding, Station#78 to open in 10/08, property acquisition on North Benson, succession planning, an aerial truck replacement, emergency management, fire prevention, operations and high-rise procedures, among others. 3. Kent Police Department 2007-2011 Strategic Plan -APPROVE Police Chief Steve Strachan reviewed specific items and noted that the new plan will be available on the police website soon An ad-hoc committee comprised of staff across the Department recently developed the Mission Statement, Values and Goals Bob O'Brien moved to recommend approval of the Kent Police Department 2007-2011 Strategic Plan. The motion was seconded by Ron Harmon and passed 3-0. 4. King County Public Entity Services Contract 2007 -AUTHORIZE Chief Steve Strachan and Deputy City Attorney Pat Fitzpatrick explained the purpose of the contract. Ron Harmon moved to recommend that Council authorize the Kent Police Department to enter into a contract with King County for reimbursement of prescribed medications at the City of Kent Corrections Facility, place this item on the Consent Calendar of the January 16, 2007 Council Meeting, and that the Mayor be authorized to sign said contract. The motion was seconded by Bob O'Brien and passed 3-0. 5. Kent Police Department Community Response Teams (CRT)—INFO ONLY Chief Steve Strachan presented the concept of the CRT which will be formed later this year. Pat Fitzpatrick stated that an ordinance to address rental housing licensing will affect fourplexes and higher, not single family rentals, senior housing or care homes Additional information will be brought to this committee as the concept progresses 6. Kent Traffic School—INFO ONLY Police Captain Ron Price presented an overview of the program and noted that a revision is in progress and that he will return to this committee in six months with an update ADDED: 7. Stolen Autos—AUTHORIZE Ron Harmon moved to recommend that the Mayor, in conjunction with the Police Chief and the City Attorney, investigate, and if necessary, develop new policies and implementation plans to address automobile thefts in Kent, including related issues pertaining to regional outreach and coordination, root source causation, and other factors. The motion was seconded by Bob O'Brien and passed 2-1. There was discussion about lobbying the Legislature regarding stolen autos, pushing the Legislature to deal with Meth problems as one of the root sources of auto theft, how the courts deal with juvenile offenders, and the number of times an adult commits crimes before they are sent to prison Chief Strachan stated that the police, city prosecutor and municipal court could research the idea of a charge of possession of stolen property with jail time in our cityjail for first time adult offenders, 18 and older, in an effort to send a message The meeting adjourned at 6:16 PM. Jo Thompson Public Safety Committee Secretary r t i Public Safety Committee Minutes 2 January 9,2007 PUBLIC WORKS COMMITTEE MINUTES January S. 2007 ITEM 1 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron Harmon and Tim Clark were present. The meeting was called to order at 4.08 p.m. ITEM 1- Approval of Minutes Dated December 4. 2006 Committee Member Clark moved to approve the minutes of December 4, 2006. The motion was seconded by Harmon and passed 3-0. ' ITEM 2-Agreement/Bob Wagner - Russell Road Operations Center Design Study Larry Blanchard, Public Works Director summarized that eight proposals were received from the city's I online request for proposals for the East Hill Operations Center and Russell Road Operations Center Project. Wagner Architects was one of five firms interviewed by the review committee. Wagner was selected to complete the design work. Anticipated move in date is late 2009 or early 2010. Harmon moved to recommend the Council authorize the Mayor to enter into an agreement with Wagner Architect for preliminary design studies for the Russell Road Operations Center Project. The motion was seconded by Clark and passed 3-0. ITEM 3 - Engineering Economics Inc. /Agreement for Service Related to Underground Fuel Tank Replacement Larry Blanchard, Public Works Director, summarized that Engineering Economics, Inc. (EEI) was selected from the City's list for Engineers to do the design work to replace the underground Vehicle Fuel Tank at Public Works Operations. Tom Brubaker, City Attorney made a friendly amendment to the original motion. Clark moved to recommend the council authorize the Mayor to enter into an agreement with Engineering Economics, Inc. for design services to replace the Underground Vehicle Fuel Tank at Public Works Operations upon concurrence of the language therein by the City Attorney. The motion was seconded by Harmon and passed 3-0. ITEM 4-Kent Kanalev Road and Kent 5 Bridge Cal Rock Creek/Final Payment and Proiect Acceptance Larry Blanchard, Public Works Director summarized that the Public Works Department is requesting final payment authorization and project acceptance from the City Council for bridge repair work which was completed at a cost of $103,387.20. Because the cost of the project is greater than 10% of the original bid or cost estimate we must request approval by the Public Works Committee before taking this item to Council. Harmon moved to authorize the Final Payment for and Project Acceptance of the Kent Kangley Road and Kent 5 Bridge at Rock Creek repair costs for the amount of $103,387.20. The motion was seconded by Clark and passed 3-0. ITEM 5 - Grant Agreement/Seattle King County Health Department LHWMP Mike Mactutis, Environmental Engineering Manager, gave a brief overview of the project stating that the Local Hazardous Waste Management Program (LHWMP) grant contract agreement in the amount of $19,732.18 is for funding implementation of the City's 2007 LHWMP tasks as described in Exhibit 1, Scope of Work, benefiting the citizens and businesses of Kent. This is an annual grant. For more information on the first event which is scheduled to take place on March 17, from 9:00 am-3:00 pm, please visit our website at www ci.kent wa us and www kentrecycles com. Clark moved to recommend authorization for the Mayor to sign the Local Hazardous Waste Management Program (LHWMP) G ant contract agreement in the amount of $19,732.18 Page 1 of 3 u\PWCommlttee\Mmutes\PwMlnutes 108 07 doc PUBLIC WORKS COMMITTEE MINUTES January 8, 2007 direct staff to accept the grant and establish a budget for the funds to be spent within said project. The motion was seconded by Harmon and passed 3-0. ITEM 6 - Contract Agreement/Olympic Environmental Resources for Waste Reduction Recycling Activities & Programs for 2007 Mike Mactutis, Environmental Engineering Manager, stated that the consultant contract agreement for Olympic Environmental Resources in the amount of $59,690 is for implementing special programs, education and outreach for the City's waste reduction and recycling program, benefiting the citizens ad businesses of Kent. A special mailing will go out to advertise the rain barrel event which is , scheduled to take place on March 31, 2007. Harmon moved to recommend authorization for the Mayor to sign the Olympic Environmental Resources Contract Agreement for Waste Reduction and Recycling Activities ' and Programs for 2007 in the amount of $59,690. The motion was seconded by Clark and passed 3-0. ITEM 7 - Contract/Shannon Wilson - Peer Review of Wetland Proiects for 2007 Mike Mactutis, Environmental Engineering Manager, stated that the consultant contract agreement for Shannon & Wilson Inc., in the amount of $45,000 is for peer review and consultation on three (3) pending wetland projects and wetland code violations. Tom Brubaker, City Attorney made a friendly amendment to the original motion. Clark moved to recommend authorization for the Mayor to sign the Shannon & Wilson, Inc. r Contract agreement for Peer Review of Wetland Projects for 2007 in the amount of $45,000 upon concurrence of the language therein by the City Attorney. The motion was seconded by Harmon and passed 3-0. ITEM 8 -Information Only/114th Avenue SE Speed Study & Signage Steve Mullen, Transportation Engineering Manager, said traffic counters were put out for two weeks, at two locations along 1141h Avenue SE One of the counters apparently malfunctioned, and did not record any data. The study will need to be repeated, which the department hopes to do this week, weather permitting. Information Only No Motion Required ITEM 9 - Information Only/Windstorm Damage and Corrective Action Report Larry Blanchard, Public Works Director, briefly went over all the weather related events we have had in the past three months; wind, rain, snow and ice. Blanchard stated the city would be paying for a special yard waste pickup for storm debris the week of ]an 15-19, 2007 (same time as the Christmas tree pick up). For more information go to our website @ www kentrecycles.com. Questions and comments were discussed between the committee and Blanchard. Information Only No Motion Required ITEM 10 - - Information Only/Kent Bicycle Advisory Board/Kent Bicycle Ride Events Mel Roberts, Kent Bicycle Advisory Board member and Cascade Bicycle Club member invited the committee and citizens to attend an educational bike ride on February 17 and 181h, for more information contact Mel Roberts at 425.417.8931 or email him at mel@cyclekent.com or you can also view the flyer on the city website @ http://www.ci.kent.wa.us/calendar/index.asp . Information Only No Motion Required Page 2 of 3 U 1PWCa itW\Mt=Ws\PWMmmes 1 08 07 dm PUBLIC WORKS COMMITTEE MINUTES January 8, 2007 UPDATES: Quiet Zone — Larry Blanchard, Public Works Director, said that the review has been completed. He will bring this item back to committee on January 22, 2007. Grade & Fill — Mike Gillespie, Development Engineering Manager additional work needs to be done he mentioned that streetscapes and ponds will be included in the construction standards He hopes to bring this item back to committee in the next month to get feedback. Anticipate going to Council in four to six months. Length of Left Turn @ Meeker & Washington — Blanchard said we are looking at extending stacking or increase the timing. We will bring this back to committee with a report and recommendations at a later date. Speed Humps - Waiting for good weather. Speed Study 114th — This item will be brought back to the committee at the January 22, Public Works Committee Meeting. I2281h — As soon as we have a few dry days the buttons will be laid. East Seattle Street — The paving is being done by a contractor not city crews. If paving isn't complete by the January 16, Council meeting the item will be pulled from the agenda. ' Adiourned: The meeting was adjourned at 5:00 p.m. Next Special Meeting Scheduled for: Monday, January 22, 2007 at 4:00 p.m. Cheryl Viseth, Public Works Committee Secretary Page 3 of 3 U\PWCo a1=\Mmuto\PWMtnuta 10807doc l PUBLIC WORKS COMMITTEE MINUTES January 22, 2007 ITEM 1 ICOMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee was unable to make the meeting. Tim Clark sat in as Chair. Committee Members Ron Harmon and Bob O'Brien were present. The meeting was called to order at 4:08 p.m. ITEM 1- Aaoroval of Minutes Dated January 08, 2007 Committee Member Harmon moved to approve the minutes of January 08, 2007. The motion was seconded by Clark and passed 3-0. ITEM 2-Grant/East Valley Highway - S. 2241h to S. 2121h HLP-PB06 (005) '06 1 Pedestrian & Bicycle Safety Mark Howlett gave a brief history of the project and summarized that the attached agreement, in the amount of $128,800 is authorization for the design and construction phases of the City's East Valley Highway Project. Howlett stated that the main focus of the grant is pedestrian safety. In order to be reimbursed for project expenses, the City Council must accept the grant, authorize the establishment of the budget, and direct staff to spend the money accordingly and authorize the Mayor to sign all necessary documents. O'Brien moved to recommend Council accept the Washington State Department of Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of $128,800, establish a budget for the funds, direct staff to spend the money accordingly for said project and authorize the Mayor to sign all necessary documents. The motion was seconded by Harmon and passed 3-0. ITEM 3 - Grant/Military Road/S. 2681h to S. 2121h HLP-PB06 (006) '06 Pedestrian & Bicycle Safetv Mark Howlett, summarized that this project will construct new curb, gutter and sidewalk along the three legs of the intersection where they do not currently exist. Howlett stated that the main focus of the grant is pedestrian safety. This project will also include upgrades to the illumination system The attached agreement is for the design and construction phases of the City's Military Road/S 2681h Street Project. Harmon moved to recommend Council accept the Washington State Department of Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of $87,000, establish a budget for the funds, direct staff to spend the money accordingly for said project and authorize the Mayor to sign all necessary documents. The motion was seconded by O'Brien and passed 3-0. ITEM 4- Grant/SE 2481h Street (a 101st Place HLP-PB06 (007) '06 Pedestrian & Bicycle Safety I Mark Howlett, summarized that this project will construct new curb, gutter and sidewalk along the east and west side of SE 248t6 Street near 101' Place SE where they do not currently exist. This project will also include upgrades to the illumination system. Howlett stated that the main focus of the grant is pedestrian safety. The attached agreement is for the design and construction phases of the SE 2481h Street at 101't Place SE Project. O'Brien moved to recommend Council accept the Washington State Department of Transportations 2006 Pedestrian and Bicycle Safety grant in the amount of $75,000, establish a budget for the funds, direct staff to spend the money accordingly for said project and authorize the Mayor to sign all necessary documents. The motion was seconded by Harmon and passed 3-0. Page 1 of 3 U 1P'.'Committee\M1nuteslPWMinutes 1 22 07 doc PUBLIC WORKS COMMITTEE MINUTES January 22, 2007 1 ITEM 5 — Anchor Environmental, LLC Contract Agreement Mike Mactutis, Environmental Engineering Manager, gave a brief overview of the project stating that the realignment of the Lake Meridian Outlet (Cow Creek) is a complex project due to several factors which have resulted in increased amounts of work beyond the current contract scope. The additional current contract is additional work required to secure the Hydraulic Project Approval permit to complete Phase 2 work as well as inspection assistance during construction of Phases 1 and 2. O'Brien moved to recommend authorization for the Mayor to sign the Anchor ' Environmental, LLC Contract Agreement for the Lake Meridian Outlet Project in the amount of $45,608 upon concurrence of the language therein by the City Attorney and Public Works , Director. The motion was seconded by Harmon and passed 3-0. ITEM 6 — Information Only/Transit NOW Options for Partnerships Cathy Mooney, Sr., Transportation Planner handed out information on Transit NOW and explained the four key components of the program as well as the proposed Ordinance 2006-0285 Attachment A and exhibit 1. A brief discussion ensued O'Brien asked that Mooney get back to the committee regarding more connections. Clark urged Mooney to work with Federal Way, Auburn and Des Moines on Joint funding sources. Information Only No Motion Required ITEM 7 — Information Only/Speed Study — 114th Ave SE Steve Mullen, Transportation Engineering Manager, said that due to the weather the study was not able to be completed but, tubes out on Wednesday, January 24, weather permitting. He will bring back the results at the February 5, meeting. Information Only No Motion Required ITEM 8 —Information Only/Railroad Ouiet Zone Steve Mullen, Transportation Engineering Manager, said that Burlington Northern Railroad asked for a diagnostic study (on-site exam). Due to that diagnostic it was decided by BNN that the downtown ' core does not meet the criteria. A brief discussion with committee members and staff followed. Information Only No Motion Required ITEM 9 - Information Only/How Well is Public Works Performing Customer Service - Development Mike Gillespie, Development Manager, gave a brief PowerPoint presentation on Public Works Focus on the Customer. He went over the City Strategic Goals and a sample survey to the customers. A brief discussion with committee members and staff followed. Information Only No Motion Required ITEM 10 — Information Only/How Well is Public Works Performing Customer Service - Construction Peter Tenerelli, Acting Construction Engineering Manager, gave a brief PowerPoint presentation on Public Works Focus on the Customer. He went over the infrastructure, what the construction section is responsible for; customer focus and expectations and he went over a sample of survey questions. Information Only No Motion Required Page 2 of 3 U\PWCamtft=\Mnu s\PWMmmes 1 22 07 doe PUBLIC WORKS COMMITTEE MINUTES January 22, 2007 UPDATES: Kent Kangley Road Weight Limits: A meeting is being set up with the Sand and Gravel and the Asphalt Companies. QUESTIONS FOR STAFF: Who owns the Drywall property on Titus near the railroad? Staff will look into this and get back to the committee on 02.05.07 Are bicycle improvements included along the following streets? East Valley Highway - S. 224th to S. 212th Military Road - S. 268th Street f SE 248th Street @ 101st Place Adiourned: The meeting was ad3ourned at 5:00 p.m. Next Scheduled Meeting for: Monday, February 5, 2007 at 5:00 p.m. Cheryl Viseth, Public Works Committee Secretary I t Page 3 of 3 U W W CommntccMmu[es1P W Mmuws 122 07 dot rCONTINUED COMMUNICATIONS A. r r 1 1 r r 1 r I 1 r r r 1 EXECUTIVE SESSION 1 ACTION AFTER EXECUTIVE SESSION 1 i 1 1 I 1 � 1 1 1 1 i 1 1