HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/19/2008 City of Kent
i City Council Meeting
� Agenda
February 19, 2008
Mayor Suzette Cooke
Debbie Raplee, Council President
� Councilmembers
� Elizabeth Albertson Bob O'Brien
Tim Clark Deborah Ranniger
Ron Harmon Les Thomas
40
KENT
WASHINGTON
City Clerk's Office
KENT CITY COUNCIL AGENDAS
KENT February 19, 2008
WA5 H I N GTON Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President
Elizabeth Albertson Tim Clark Ron Harmon
Bob O'Brien Deborah Ranniger Les Thomas
**********************************************************************
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. 2007 Strategic Plan Final Report Staff 45 minutes
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Employee of the Month
D. Employee of the Year
E. Legislative Report
F. Public Safety Report
G. Kent Events Center Update
5. PUBLIC HEARINGS
A. Surplus Inventory and Equipment Resolution
6. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Council Absence for Harmon and Thomas - Approve
D. 2008 Contract with DCI Engineers for Updates - Authorize
E. 2008 Contract with DCI Engineers for Peer Review - Authorize
F. 2008 Contract with Otak, Inc. for Peer Review - Authorize
G. 2008 Contract with Skillings Connolly for Peer Review - Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
H. Copier Fleet Replacement Lease Agreement - Authorize
I. Workers Compensation Claims Administration Agreement - Authorize
J. Comprehensive Communications Technology Infrastructure Master
Plan - Authorize
K. Capital Asset Replacement Fund Policy Resolution - Adopt
L. Kent Events Center Public Facilities District Contingent Loan
Agreement - Authorize
M. Levan Warehouse Bill of Sale - Accept
N. West Valley Office/Retail Bill of Sale - Accept
O. Verdana Planned Unit Development Ordinance - Adopt (Quasi-Judicial)
P. Crisis Intervention Coordinator Contract - Authorize
I Q. Washington Association of Sheriffs and Police Chiefs Traffic Safety
Grant, $3,000 - Accept
R. Sewer Master Plan Consultant Agreement - Authorize
7. OTHER BUSINESS
A. Regional Jail Study Cost
B. Valley Cities and Forever Green Memorandum of Understanding
8. BIDS
None
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy the full agenda packet is available forperusal 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.
An person requiring a disability accommodation should contact the City Clerk's Office
YP q 9 Y Y
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) EMPLOYEE OF THE MONTH
D) EMPLOYEE OF THE YEAR
E) LEGISLATIVE REPORT
F) PUBLIC SAFETY REPORT
G) KENT EVENTS CENTER UPDATE
Kent City Council Meeting
Date February 19, 2008
Category Public Hearings - 5A
1. SUBJECT: SURPLUS INVENTORY AND EQUIPMENT RESOLUTION
2. SUMMARY STATEMENT: The City has certain equipment which is no longer
actively in use as part of the City's public utility system. The public works director
has determined that the City no longer needs that equipment. RCW 35.94.040
requires that the City determine, after a public hearing, that equipment originally
acquired for public utility purposes is surplus to the City's needs and should be
leased, sold or conveyed. Public Works staff will still surplus this equipment at
auction. If it is not sold at auction, it will be sold for scrap.
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
t5. FISCAL IMPACT
Expenditure Revenue Yes
Currently in the Budget Yes No X
6. CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember seconds
to close the public hearing.
B. Councilmember 9ioves, Councilmember seconds
to adopt Resolution No. till, which declares certain public utility equipment
surplus and authorizes its sale to the highest bidder at public bid.
DISCUSSION: M
ACTION:
RESOLUTION NO.
A RESOLUTION of the city council of the
city of Kent, Washington, determining that certain
public utility equipment is surplus to the city's
needs, providing' for the sale thereof, stating the
consideration to 'be paid for the equipment, and
authorizing the director of public works to enter
into a sales agreement with the highest bidder.
RECITALS
A. The City of Kent ("City") has in its possession certain
equipment, described in Exhibit A attached and incorporated by this
reference, which is no longer actively in use as part of the City's public utility
system.
B. The director of public works has determined that the City no
longer has any use or need for; that equipment.
C. The City Council held a public hearing on Tuesday, February 19,
2008, at a regularly scheduled city council meeting and invited comments
regarding the City's intention to surplus the equipment.
D. RCW 35.94.040 requires that the City determine, after a public
hearing and by resolution of the city council that equipment originally
acquired for public utility purposes is surplus to the City's needs and should
be leased, sold or conveyed.
1 Surplus Property — 2007
Water System Utility Equipment
i
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Recitals Incorporated. The foregoing recitals are
incorporated and fully made a part of this resolution
SECTION 2. - Equipment Deemed Surplus. The utility equipment
described in the attached and incorporated Exhibit A, which was originally
acquired for public utility purposes, is now surplus to the City's needs and is
not required for providing continued public utility service.
i
SECTION 3. - Public's Best Interest. It is in the public's best interest
that this surplus equipment shall be sold by bid to the highest bidder. In the
event the equipment is not sold at the auction, it will be sold for scrap metal.
SECTION 4. - Consideration to be Paid. The consideration to be paid
for the surplus property shall be in U.S. dollars in the form of cash or
cashier's check.
SECTION 5. - Authority of Public Works Director, The Director of
Public Works is authorized to enter into an agreement with the highest bidder
to effect the sale of the surplus property. r
SECTION 6. - Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City
of Kent, Washington, this day of February, 2008. '
CONCURRED in by the Mayor of the City of Kent this day of
February, 2008.
SUZETTE COOKE, MAYOR
2 Surplus Property - 2007 ,
Water System Utility Equipment
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the
day of February, 2008.
BRENDA JACOBER, CITY CLERK
P\Civil\Resolution\SurplusProperty-2007-WaterSystemEgwp doc
3 Surplus Property — 2007
Water System Utility Equipment
Water Department Warehouse Inventory
Exhibit "A"
No. Description Unit Cost Extended Cost
4 MU/122184 Ada tir $ 5.66 $ 22.64
10 MU/122134 Adaptor $ 3.63 $ 36.30
3 MU/122133 Adaptor $ 3.79 $ 11.37
11 MU/Hl50694 Coupling $ 5.39 $ 59.29
41 1 MU/H150693 Coupling $ 6.50 $ 266.50
1 MU/15460L44 Coupling $ 3.95 $ 3.95
59 MU/1545044 Cou ling $ 3.95 $ 233.05
12 MU/15460L33 Coupling $ 2.32 $ 27.84
246 MU/1545033 Coupling $ 2.84 $ 698.64
6 MU/15530L44 Coupling $ 4.53 $ 27.18
8 MU/15530L33 Coupling $ 2.32 $ 18.56
86 MU/1542533 Coupling $ 2.84 $ 244.24
11 MU/154043 Coupling $ 2.37 $ 26.07
3 MU/14200L44 Coupling $ 7.43 $ 22.29
1 MU/1420OL33 Coupling $ 4.06 $ 4.06
74 MU/H15380334 Tee $ 10.35 $ 765.90
2 MU/H15380333 Tee $ 4.16 $ 8.32
45 MU/154054 Union $ 3.65 $ 164.25
110 MU/154053 Union , $ 2.34 $ 257.40
7 1MUM150083 Valve $ 13.23 $ 92.61
2 MU/H150084 Valve $ 19.37 $ 38.74
17 MU/H 150254 Valve $ 9.98 $ 169.66
13 MU/H150004 Valve $ 11.61 $ 150.93
76 MU/H150003 Valve $ 7.47 $ 567.72
3 MU/H100136 Valve $ 27.95 $ 83.85
7 MU/H102574 Valve $ 10.42 $ 72.94
27 MU/H142554 Valve $ 14.31 $ 386.37
16 MU/H142866 Valve $ 31.59 $ 505.44
5 MU/H142654 Valve $ 7.44 $ 37.20
1 MU/H90007 PRV $ 55.00 $ 55.00
4 FO/F11014 Valve $ 18.98 $ 75.92
' 2 FO/V4212W Resetter $ 26.16 $ 52.32
1 FO/V4218W Resetter $ 31.82 $ 31.82
11 FO/PTFl Adaptor $ 2.95 $ 32.45
24 FO/PTF2 Adaptor $ 4.68 $ 112.32
12 FO/PTM 1 Adaptor 2.58 30.96
8 FO/PTP2 Adaptor $ 4.39 $ 35.12
282 BA/BP Bottom Plates $ 3.64 $ 1,026.48
8 ROC/SRR3 Registers 10.00 $ 80.00
8 ROC/SRR4 Registers $ 27.67 $ 221.36
40 ROC/SRR5/8 Registers $ 9.59 $ 383.60
1 KE/K10ES Shaft $ 51.75 $ 51.75
9 FT/1BCRL Meter Box 1 14.75 $ 132.75
5 FO/VBR6 Riser 16.85 $ 84.25
29 RI/925L Lid 11.32 328.28
9 RI/925-IL Lid 12.50 112.50
5041f GP/3TC Pipe $ 0.21 105.84
P:Operations/OperatlonsAdmin/Userdata/Admin shortcuts/Water/Water Warehouse Inventory 2007
Water Department Warehouse Inventory
Exhibit "A"
5321f PP/PKTL-7 Liner $ 16.11 8,570.52
2 MH/SCVF2 Valve $ 128.46 $ 256.92
31 GF/K66 Elbow $ 1.88 $ 58.28
50 GF/L66 Elbow $ 3.42 $ 171.00
50 GF/L44 Elbow $ 0.64 $ 32.00
1 GF/L76 Elbow 4.39 $ 4.39
1 GF/L75 Elbow $ 2.50 $ 2.50
35 GF/N6X2.5 Nipple 1.25 43.75
25 GF/N6X3.5 Nipple $ 1.35 $ 33.75
30 GF/N6X3 Nipple $ 1.30 $ 39.00
35 GF/N6X4.5 Ni Ce $ 1.45 $ 36.25
35 GF/N6X4 Nipple $ 1.40 $ 49.00
30 GF/N6X5.5 Nipple $ 1.55 $ 46.50
35 GF/N6X5 Nipple $ 1.50 $ 52.50
20 GF/N6XC Nipple $ 0.42 $ 8.40
20 GF/N4X2.5 Nipple $ 0.25 $ 5.00
15 GFXN4X2 Nipple $ 0.24 $ 3.60
5 GF/N4X3.5 Nipple $ 0.28 $ 1.40
10 GF/N4X4.5 Nipple $ 0.32 $ 3.20
15 GF/N4X4 Nipple $ 0.29 $ 4.35
15 GFXN4X5.5 Nipple $ 0.77 $ 11.55
10 GF/N4X5 Nipple $ 0.32 $ 3.20
3 SBV/V304C42 Valve $ 6.12 $ 18.36
11 SBF/62C5 Union $ 1.66 $ 18.26
2 SBF/66C32 Coupling $ 0.43 $ 0.86
13 SBF/66C52 Coupling $ 1.30 $ 16.90 -
13 SBF/68C32 Coupling $ 0.90 $ 11.70
9 SBF/68C52 Coupling $ 1.08 $ 9.72
18 SBF/169C52 Elbow 1.66 $ 29.88 _
16 SBF/60C3 Sleeve $ 0.05 $ 0.80 '
16 SBF/60C5 Sleeve $ 0.08 $ 1.28
21 SBF/60C10 Sleeve 0.38 $ 7.98 _
16 SBF/61C3 Nut $ 0.14 $ 2.24
23 SBF/61C5 Nut $ 0.32 $ 7.36
12 SBF/61C10 Nut 0.95 $ 11.40
3 PS/IVFF3 Valve $ 99.65 $ 298.95
4 PS/IVMF3 Valve $ 105.15 $ 420.60
1 MU/LSCVF3 Valve 584.80 $ 584.80
2 PS/IVFM4 Valve 179.03 $ 358.06
3 PS/IVFF4 Valve $ 172.67 $ 518.01
1 DR/BFVFM3 Valve 110.00 $ 110.00
2 PS/IVMM4 Valve $ 184.43 $ 368.86
1 IF/D1AC Ca $ 3.35 $ 3.35
1 IF/D2AC Ca 28.00 $ 28.00
1 IF/HF3 Flange $ 65.00 $ 65.00
15 GF.N7X3.5 Nipple $ 0.76 $ 11.40
25 GF/N7X4.5 Nipple $ 1.90 $ 47.50
20 GF/N7X5 Nipple 0.99 19.80
P:Operations/OperatlonsAdmin/Userdata/Admin Shortcuts/Water/Water Warehouse Inventory 2007
Water Department Warehouse Inventory
Exhibit"A"
5 GF/N3X3.5 Nipple $ 0.72 3.60
10 GF N3X4.5 Nipple $ 0.80 8.00
20 GF/N3X5.5 Nipple 0.85 17.00
10 GF/N3X5 Nipple $ 0.80 8.00
110 GF/U66Union 3.13 344.30
20 GF/U44 Union $ 0.95 19.00
25 GF/U33 Union $ 0.61 15.25
2 GF/U00 Union $ 19.28 $ 38.56
Total $ 20,817.87
1 Water Department Equipment
Cummins NT270GS 150 KW Generator
Serial #10453288 $35,000
3 Neotronics Gas Detectors
Serial #4213749 Obsolete/No Value
Serial #12113386 Obsolete/No Value
Serial #04213746 Obsolete No Value
7 Neotronics Mini as Detectors
Serial #10644240001 Obsolete No Value
Serial #10644240002 Obsolete No Value
Serial #10644240003 Obsolete No Value
Serial #14000228 Obsolete/No Value
Serial #1400190 Obsolete No Value
Serial #017MA03805 Obsolete/No Value
Serial #017MA03806 Obsolete/No Value
' No. Utilities Department Equipment
1 15nan 1978 Model #12.53C=3R 17924AA
12.5 KW Generator
Serial #E770234264 $500.00
1 Onan 1978 Model #ATUED60-3/550513
Transfer switch for above Generator
Serial #D770230664 $500.00
1 Neotronics Gas Detector
Serial #11214480 1 Obsolete/No Value
9 Neotronics Mini as Detectors
Serial #038MA05558 Obsolete/No Value
Serial #038MA05557 Obsolete No Value
Serial #10645930001 Obsolete No Value
Serial #10645930002 Obsolete No Value
Serial #12300126 Obsolete No Value
Serial #12300139 Obsolete/No Value
P:Operations/OperationsAdmin/Userdata/Admin Shortcuts/Water/Water Warehouse Inventory 2007
Water Department Warehouse Inventory
Exhibit "A"
Serial #017MA03803 Obsolete No Value
Serial #017MA03804 Obsolete No Value
Serial #017MA03807 Obsolete No Value
Utilities Department Radio Equipment
10 Motorola Radios
Model #F65538 Serial #469SSZ0174 Obsolete No Value
Model #C7223A Serial #224SJY7176 Obsolete No Value
Model #0723A Serial #224SHW1066 Obsolete/No Value
Model #1561A Serial #403SHW1066 Obsolete/No Value
Model #F6553C Serial #469SWJ0005 Obsolete/No Value
Model #C1561A Seriai #4038JJ2223 Obsolete/No Value
Model #C1561A Serial #403SJJ2222 Obsolete/No Value
Model #C1531A Serial #A33SJ32220 Obsolete/No Value ,
Model #F6553C Serial #469SWJ0004 Obsolete/No Value
Model #F30236 Serial #275SRW3414 Obsolete/No Value
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P:Operations/OperationsAdmin/Userdata/Admin Shoncuts/Water/Water Warehouse Inventory 2007
Kent City Council Meeting
Date February 19, 2008
Item No. 6A - 6B
CONSENT CALENDAR
6. City Council Action: pp � � �
Councilmember moves, Councilmember 661
seconds to approve C611sent Calendar Items A through R.
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of February 5, 2008.
6B. Approval of Bills.
I Approval of payment of the bills received through January 15 and paid on
January 15 after auditing by the Operations Committee on February 5, 2008.
Approval of checks issued for vouchers:
Date Check Numbers Amount
1/15/08 Wire Transfers 3119-3136 $4,494,103.57
1/15/08 Regular 616041-616486 1,219,879.01
Void Checks (3,323.18)
I Use Tax Payable 2,518.86
$5,713,178.26
Approval of payment of the bills received through January 31 and paid on
January 31 after auditing by the Operations Committee on February 5, 2008.
Approval of checks issued for vouchers:
Date Check Numbers Amount
1/31/08 Wire Transfers 3137-3156 $ 5,102,251.21
1/31/08 Regular 616487-617234 7,111,817.27
Void Checks (151,577.55)
Use Tax Payable 2,484.81
$12,064,975.74
(Continued on back)
Kent City Council Meeting
Date February 19, 2008
Item No. 6A - 613
613. Approval of Bills. (Continued)
Approval of checks issued for payroll for January 1 through January 15 and paid
on January 18, 2008:
Date Check Numbers Amount
1/18/08 Checks 302470-302737 $ 248,718.57
1/18/08 Advices 224701-225431 1,673,862.98
Total Regular Payroll $1,922,581.55
Approval of checks issued for payroll for January 29 Interim Check Run and paid
on January 29, 2008:
Date Check Numbers Amount
1/29/08 Checks 302738-302745 $1,158.56
1/29/08 Advices 0 0.00
Total Regular Payroll $1 158.56
Approval of checks issued for payroll for January 16 through January 31 and paid
on February 5, 2008:
Date Check Numbers Amount
2/5/08 Checks 302746-303031 $ 250,191.26
2/5/08 Advices 225432-226159 1413,488.71
Total Regular Payroll $1,663,679.97
Kent City Council Meeting
KENT___WAS H G T O N February 5, 2008
I N
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, Ranniger, Raplee
and Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) Mayor Cooke removed the
Employee of the Month presentation from the agenda and noted that it will appear on
the next agenda. A legislative update was added to Public Communications. CAO
Hodgson corrected the address shown on Consent Calendar Item 6K from 277t" to
227t" The Mayor noted that anew agenda page correcting the contract amount on the
West Fenwick Park Improvements has been distributed to Council.
B. From the Public. (CFN-198) There were no changes to the agenda from the
public.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN 1305) Mayor Cooke announced that the SMG Company
has been selected to operate the Kent Events Center.
B. Community Events. (CFN11-198) Ranniger announced the Tennessee Three concert
and the Moscow Circus.
C. Kent Arts Commission Funding Recipients. (CFN-839) Cultural Programs
Manager Ronda Billerbeck announced the recipients of the Community Artists Support
funding and introduced those in attendance.
D. Legislative Update. (CFN 198) Community and Public Affairs Manager
Michelle Witham reported on the status of the prostitution/vehicle forfeiture bill, the
reimbursement of costs for incarcerated offenders, advanced funding for the Center for
Advanced Manufacturing, infrastructure funding bills, LEOFF 2 enhancements, and
transportation funding.
CONSENT CALENDAR
Raplee moved to approve Consent Calendar Items A through T, with the address
correction to Item K. Clark seconded and the motion carried.
A. Approval of Minutes. (CF,N-198) The minutes of the regular Council meeting of
1 January 15, 2008, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through December 15
and paid on December 15, 2067 after auditing by the Operations Committee on
January 15, 2008, were approved.
1
Kent City Council Minutes February 5, 2008
Approval of checks issued for vouchers:
Date Check Numbers Amount
12/15/07 Wire Transfers 3082-3100 $2,133,317.34
12/15/07 Regular 615082-615651 3,126,671.40
Use Tax Payable 3,076.49
$5,263,065.23
Payment of the bills received through December 31 and paid on December 31, 2007
after auditing by the Operations Committee on January 15, 2008, were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
12/31/07 Wire Transfers 3101-3118 $1,428,925.48 '
12/31/07 Regular 615652-616040 3,318,208.41
Use Tax Payable 1,047.85
$4,748,181.74
Checks issued for payroll for November 16, 2007 and paid on December 5, 2007, were
approved:
Date Check Numbers Amount
12/5/07 Checks 301683-301932 $ 235,588.94
12/5/07 Advices 222523-223245 1,808,043.07
$2,043,632.01
Checks issued for payroll for December 1, 2007 and paid on December 20, 2007, were
approved:
Date Check Numbers Amount
12/20/07 Checks 301933-302205 $ 208,129.82
12/20/07 Advices 223246-223970 1,410,149.09 ,
$1,618,278.91
Checks issued for payroll for December 16, 2007 and paid on January 4, 2008, were
approved:
Date Check Numbers Amount ,
1/4/08 Checks 302206-302469 $ 196,450.70
1/4/08 Advices 223971-224700 1,361,193.29
$1,557,643.99 ,
C. Arts Commission Youth Representative Ordinance. (CFN-839) Ordinance
No. 3872 amending Chapter 4.02 of the Kent City Code to expand the membership
of the Kent Arts Commission to include a youth representative and authorize other
housekeeping amendments, clarifying term lengths and the appointment process was
adopted. ,
2
Kent CityCouncil Minutes February 5 200
y � 8
D. 2008 WESTAF TourWest Grant. FN-
(C 118) A $2,500 grant from Western
States Arts Federation was accepted and the expenditure of funds in the Kent Arts
Commission's budget was approved.
E. 2008 King County Developmental Disabilities Division Grant. (CFN-118)
The 2008 King County Developmental Disabilities Division grant of $8,000 was accepted
and expenditures in the Adaptive Recreation budget were approved.
F. Regional Affordable Housing Program Interlocal Cooperation Agreement.
(CFN-118) The Mayor was authorized to sign the Regional Affordable Housing Program
(RAHP) Interlocal Agreement
G. 2007 Fourth Ouarter Fee-in-Lieu Funds. (CFN-118) The $117,750 fee-in-lieu
funds for the fourth quarter wa's accepted and expenditure of the funds in the Arbor
Heights 360, Turnkey Park, Eagle Creek Park, Wilson Playfields, and Garrison Creek
Park budgets was approved.
H. King County Youth Sports Facility Grant for Wilson Playfields. (CFN-118)
The Mayor was authorized to sign the King County Youth Sports Facility Grant agree-
ment for batting cages at Wilson Playfields, accept the $30,000 in funds, and the
expenditure of funds in the Wilson Playfields budget was approved.
I. Amendment to Aguatic Management Group Agreement. (CFN-118) The
Mayor was authorized to sign the amendment to the agreement with Aquatic
Management Group (AMG) for operation of the Kent Pool, subject to final approval by
City Attorney. The amendment extends the operating agreement to a year-to-year
basis and increases the operating contribution to reflect the city's actual support over
the past five years.
J. Willis Street Grade Separations Funding. (CFN-171) The Federal Grant for the
Design Phase of the Willis Street Grade Separations Project in the amount of $684,380
was accepted and a budget for,the funds to be spent within that road improvement
project, upon concurrence of the language by the City Attorney and the Public Works
Director was established.
K. LID 360, S.E. 227th Place Sanitary Sewers. (CFN-1301) Resolution No. 1778,
which sets March 4, 2007, at 7':00 p.m. as the hearing date and time for confirmation
of assessment roll for LID 360 was adopted.
L. Olympic Environment Consultant Contract. (CFN-904) The Mayor was
authorized to sign the Consultant Contract Agreement with Olympic Environmental
Resources for Waste Reduction'�� and Recycling Activities and Programs for 2008, in the
amount of $63,400.00, upon concurrence of the language by the City Attorney and
Public Works Director.
M. Geomatrix Feasibility Study Consultant Contract. (CFN-1038) The Mayor was
authorized to sign the Consultant Contract Agreement with Geomatrix Consultants,
Inc. for biologic assessment, geotechnical, hydraulic and soil analysis and studies, as
3
Kent City Council Minutes February 5, 2008
required for the feasibility stud for the Confluence of Mill Creek and Green River
q Y Y
Restoration project, as required by the Salmon Recovery Funding Board (SRFB), in the
amount of $99,940,00, upon concurrence of the language by the City Attorney and '
Public Works Director.
N. Waste Reduction & Recycling Grant Program Interlocal Agreement with
King County Solid Waste Division. (CFN-178) The Mayor was authorized to sign
the Waste Reduction and Recycling (WRR) Grant for funding implementation of the
City's 2008/2009 WRR tasks, in the amount of $168,329, and to direct staff to establish
a budget for the funds to be spent within said project, upon concurrence of the
language by the City Attorney and the Public Works Director.
O. Amendment to Conservation Futures Interlocal Cooperation Agreement
with King County for Open Space Acquisition Projects. (CFN-974) The Mayor
was authorized to sign the Amendment to the Conservation Futures Interlocal '
Cooperation Agreement between King County and the City of Kent in the amount of
$115,000 and to direct staff to accept the agreement and establish a budget for funds
to be spent within the Mill Creek Confluence/Green River Restoration Project, upon
concurrence of the language by the City Attorney and Public Works Director.
P. Sprint Limited Street License Agreement. (CFN-274) The Mayor was
authorized to sign the Limited Street License with Sprint Communications Company,
which renews the previous license with some amended provisions.
Q. Corrections Control Panel Replacement Project. (CFN-122) The Kent ,
Corrections Control Panel Replacement Project was accepted as complete. Renovation
services for the Kent Corrections Control Panel Replacement Project were provided by
Engineered Control Systems.
R. Kent City Hall Campus Project. (CFN-120) The Kent City Hall Campus Project
was accepted as complete. Renovation services for the Kent City Hall Campus Project
were provided by L.W. Sundstrom Construction.
S. 2007 Asphalt Slurry Seal. (CFN-103) The 2007 Asphalt Slurry Seal project was ,
accepted as complete and release of retainage to Doolittle Construction, upon standard
releases from the state and release of any liens was authorized. The original contract
amount was $103,499.60. The final contract amount was $90,906.38.
T. East Valley Highway Improvement Project Condemnation Ordinance. ,
(CFN-1313) Ordinance No. 3873 providing for the acquisition of real property and/or
property rights located along 84th Avenue South (East Valley Highway) from South
224th Street to South 212th Street for the East Valley Highway Improvement Project to ,
construct the improvements to widen and improve the roadways, together with all
necessary appurtenances and related work was adopted. This Ordinance provides for
the condemnation rights necessary for that purpose; provides for payment out of the
East Valley Highway Improvement Project fund; and authorizes the city attorney to
prosecute appropriate legal proceedings.
4
Kent CityCouncil Minutes
February 5, 2008
OTHER BUSINESS
A. Verdana Planned Unit Development. (CFN-1314) Kent 25, LLC, has proposed
construction of a Neighborhood Convenience Commercial development within a Future
Development Tract of the approved PUD. The Future Development Tract is 13.3 acres
located at the northwest corner of the intersection of 124t" Avenue SE and SE 304tn
Street. The site is zoned Single Family Residential one unit per acre. The Kent Hearing
Examiner held a public hearing, on November 7, 2007, and issued Findings, Conclusions
and a Recommendation of denial of the modification on January 17, 2008.
The City Attorney stated that the Council's decision on this issue must be based solely
on the record and that no further testimony will be taken. He then explained the quasi-
judicial process and outlined factors for the Council to consider. Council President
Raplee stated that she had received a letter urging a particular vote on this issue, but
that she had not responded to it. There were no other conflicts or appearance of
fairness issues from Councilmembers, and no one in the audience objected to Raplee's
participation.
Planner Lydia Moorehead outlined the project and noted that the Hearing Examiner
recommended denial without prejudice. Upon a question from Councilmember Clark,
Brubaker clarified that although this area is entirely surrounded by the City of Auburn,
it is completely located within the corporate limits of the City of Kent as an island. He
added that there is no guarantee that it will be de-annexed by the City of Kent and
annexed by the City of Auburn.
ALBERTSON MOVED to adopt the Hearing Examiner's Findings and Conclusions dated
January 17, 2008, and deny the proposed Verdana PUD Major Modification without
prejudice, and to direct the City Attorney to draft an ordinance consistent with this
motion and to bring the ordinance back to Council for final passage. Clark seconded
and the motion carried.
BIDS
A. West Fenwick Park Improvements. (CFN-118) The bid opening was held on
January 29, 2008, with nine bids received. The apparent low bid was submitted by
Rodarte Construction, Inc. for the amount of $635,100, excluding Washington State
Sales Tax. The Engineer's estimate is $645,000, excluding tax. Staff recommends
1 award to the low bidder. RANNIGER MOVED to authorize the Mayor to enter into an
agreement with Rodarte Construction, Inc. in the amount of $635,100, plus Washington
State Sales Tax to complete the West Fenwick Park Improvements Project. Raplee
1 seconded. It was noted that improvements include the basketball court, a concrete
trail, replacement of a restroom, a covered picnic area, storage, a plaza, new fencing,
new furniture, and more parking spaces. The motion then carried.
REPORTS
A. Council President. (CFN-198) Raplee noted that there will be a Council Retreat
Follow Up on February 26, 2208, at 4:00 p.m. regarding the Strategic Plan.
B. Mayor.,
(CFN-198) Mayor Cooke advised that sidewalk replacement will be taking
place on Second Avenue until April 11.
5
Kent City Council Minutes February 5, 2008 '
C. Operations Committee. CFN-198 Clark announced that the City is moving
,
p ( ) Y 9
forward on converting communications equipment to a digital format, including that in ,
the Council Chambers, which will result in being more responsive to the needs of the
public.
D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the
next meeting will be held at 5:00 p.m. on Thursday, February 21.
E. Planning and Economic Development Committee. (CFN-198) Albertson noted
that there will be a meeting at Highline Community College on Monday, February 11,
from 5:00 to 7:00 p.m. with the Des Moines City Council Financial & Economic
Development Committee.
F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will ,
be on Tuesday, February 12, at 5:00 p.m.
G. Public Works Committee. (CFN-198) Ranniger noted that, due to the President's '
Day holiday, the next meeting will be held on Monday, February 25.
H. Administration. (CFN-198) Hodgson reminded Council of an Executive Session of
approximately 15 minutes to discuss two items of property acquisition, with action
possible after the meeting reconvenes. He noted that the pending litigation item has
been removed from the agenda.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 8:00 p.m. and reconvened at 8:40 p.m.
No action was taken after the Executive Session. (CFN-198)
ADJOURNMENT
The meeting adjourned at 8:40 p.m. (CFN-198)
Brenda Jacober, CMC ,
City Clerk
6 '
Kent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 6C
1. SUBJECT: COUNCIL ABSENCE FOR HARMON AND THOMAS - APPROVE
2. SUMMARY STATEMENT: Approve an excused absence for Councilmembers
Harmon and Thomas from tonight's meeting.
1
r
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
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
r
■ City Council
Debbie Raplee, Council President
fop Phone:253-856-5712
K E N T Fax' 253-856-6712
W A S H I N O T O N Address: 220 Fourth Avenue S.
Kent,WA.98032-5895
MEMORANDUM
' TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Ron Harmon, Councilmember
DATE: February 19, 2007
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the February 19, 2007
City Council meeting. I will be unable to attend.
Thank you for your consideration.
Ron Harmon
JP
' City Council
Debbie Raplee, Council President
Phone:253-856-5712
Fax. 253-856-6712
ENTWA Address. 220 Fourth Avenue S.
W A s H I N O T O N Kent,WA. 98032-5895
MEMORANDUM
TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Les Thomas,, Councilmember
DATE: February 19, 2008
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the February 19, 2008
City Council meeting. I will be unable to attend.
Thank you for your consideration.
Les Thomas
JP
1
Kent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 6D
1. SUBJECT: 2008 CONTRACT WITH DCI ENGINEERS FOR UPDATES -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with DCI
Engineers, Inc., in an amount not to exceed $30,000, to continue updating all of
the City's construction standards, specifications, and development assistance
brochures, upon terms and conditions acceptable to the Public Works Director and
City Attorney.
3. EXHIBITS: Public Works memo dated 1/30/08 and Consultant Services
Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure X Revenue
Currently in the Budget Yes X No
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
15
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASHINGTO N
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 30, 2008
To: Chair Debbie Ranniger and Public Works Committee Members
PW Committee Meeting',Date: February 4, 2008
From: Mike Gillespie, Development Manager
Through: Larry Blanchard, Public Works Director
Subject: 2008 Contract with DCI Engineers/Update of Construction Standards,
Specifications and Development Assistance Brochures
Motion: Move to recommend!authorization for the Mayor to sign the contract
with DCI Engineers, Inc. to continue updating the City's construction standards,
specifications, and development assistance brochures in an amount not to exceed
$30,000, upon concurrence of the language therein by the City Attorney and Public
Works Director.
Background/Summary:
Due to a shortage of qualified engineers to fill vacant positions in the Development Section,
we are looking for help with completing the update of our Construction Standards and
Specifications. Since new construction will continue at a consistent pace this year we want
to utilize existing engineering staff on private development review projects, and continue to
contract the construction standard updates using contractual engineering services, with DCI
Engineers.
DCI Engineers has been working on the Construction Standards and Specifications for over a
year. We are seeking a new contract in 2008 to allow them to complete their work for a final
' draft to go before City Council, as well as preparing Development Assistance Brochures once
the Standards are finalized.
u IPWConvnuleelAcnotiPage12008102 04 08%UhngconnollCconlracf doc
' W I T I
WAS H N G O
CONSULTANT SERVICES AGREEMENT
betweeni the City of Kent and
DCI Engineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and DCI Engineers, Inc. organized under the laws of the State of Washington, located
and doing business at 10900 NE 4th Street, Suite 1200, Bellevue, WA 98004, Phone: (425) 827-2238/Fax:
' (425) 827-8986, Contact: Debbie Wick(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The Consultant shall provide engineering services to assist with the City's Construction
Standards Update. For a description, 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 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 worik described in Section I by March 31, 2009.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty
Thousand Dollars ($30,000.00) for the services described in this Agreement. This is the
maximum amount to be paid under this Agreement for the work described in Section I above,
and shall not be exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's
billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
within forty-five 45 days of receipt of an invoice. If the City objects to all or any '
payment Y O Y p Y J
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of ,
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 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 jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
IX. EXCHANGE OF INFORMATION. The Citywill provide its best efforts to provide
p
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
' X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
' The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XL 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 strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only bye 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 I 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.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
1
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 1
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 1
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of 1
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. 1
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. 1
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the 1
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal 1
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations. 1
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last
date entered below. 1
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Title) (Title) 1
DATE: DATE:
i
1
1
1
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
' CONSULTANT: CITY OF KENT:
Debbie Wick Larry R. Blanchard
DCI Engineers, Inc. City of Kent
10900 NE 4th Street, Suite 1200 220 Fourth Avenue South
Bellevue, WA 98004 Kent, WA 98032
(425) 827-2238 (telephone) (253) 856-5500 (telephone)
(425) 827-8986 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
DCI Engmccrs-Construction Stds 4/Gillcspic
' CONSULTANT SERVICES AGREEMENT-5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with ,
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 1200 ._
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- 1 ,
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements'for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City 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, subcontrac'Itors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of 1200
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3 ;�
j9DC1
D ' AMATO CONVER,SANO INC. professional
services agreement
January 29, 2008
City of Kent
Attn: Mike Gillespie
400 W. Gowe St.
Kent, WA 98032
Re: Civil engineering proposal for Construction Standards Update
Dear Mr. Gillespie:
DCI is pleased to present this proposal for civil engineering services on the Construction Standards Update
project for the City of Kent. This proposal includes our Project Description, Assumptions and
Qualifications, Scope of Services ands Summary of Proposed Professional Service Fees. Please let me know
if this proposal covers your project civil engineering requirements If you have any questions or would like
to discuss any items, please don't hesitate to call us. We look forward to working with you and your staff.
Project Description
The Construction Standards Update will be performed on an as requested hourly basis with the City. DCI
has assisted the City with generating a Draft copy of the Standards. DCI would assist in answering/
responding to comments on the DraftlStandards and preparing a Final Standards for City of Kent Council
approval.
Assumptions and Qualifications
For the purpose of this proposal DCI has made the following assumptions. If additional services are
required or some should be excluded,',please contact us as soon as possible so that we may adjust our
proposal If these assumptions are not correct,please contact us so that we may determine if proposal
modifications are required.
• DCI would respond to questions and comments on the text or details for the Draft Standards We
would work with the person or department who made the response to obtain a resolution to the
question or comment.
• DCI would revise the details as comments or questions are resolved. DCI will prepare a CD with all
the details in individual CAD and .pdf files for City use
• DCI can assist the City with revising the text of the Standards at the City's request.
• City staff would coordinate receipt of comments and prioritize comments for response.
• City staff would coordinate the scheduling of meetings with other departments.
• It is assumed that City staff would make any Open House presentations and that DCI would assist
with preparation of up to three exhibits
Scope of Civil Services
Our scope of services for this project is based upon our history of assisting the City with updating their
Standards. We have broken the project into three specific tasks;Project and Documentation Management,
Public Involvement and Final Standards. DCI will perform these tasks on an as requested hourly basis for
the City. A more detailed description of each of these tasks follows.
1.0 Project and Documentation Management—This task will cover the effort to track what DCI has received
from the City and Public and the responses/resolutions to comments or questions.
2.0 Public Involvement, Coordination'&Presentations:
Effort: This task will coordinate the,Standards with local developers or construction companies designated
by the City. We will work to solicit their input on the Standards. Specifically Kent would like to
know the cost and constructability of the items that we are proposing and whether they will preclude
development in the City.
10900 NE 4"' STREET,SUITE 1200 • BELLEiVUE.WAS14INGTON 98004• PHONE(425)827-2238 ' FAX (425)827-8986
r--
professional
services agreement
Page 2
Goal: Gain local developer input to the revised Standards.
Potential Deliverables: 30-minute meetings with developers and one(1)Open House attendance DCI
would prepare a list of public comments and concerns.
3 0 Final Standards:
Effort: This task will coordinate to address the public and staff concerns, questions and comments for the
Standards update. The Draft Standards will be updated for the last time and presented to Council.
Goal: Council Adoption of the Standards and Specifications
Deliverable: Meetings with City staff, updating of the Draft Standards to a Final status, assistance with
presentation to the Council.
Summary of Professional Civil Service Fees
The tasks will be billed on an hourly basis. An hourly rate sheet has been attached. The attached schedule
of expenses gives the hourly rates for all of our staff and the cost of reimbursables.
Some minor reimbursable costs, such as courier expenses,plotting, copying and travel costs will be billed
separate and additional to the hourly design fees. We estimate a Reimbursable budget of$500 and a
Reprographics budget of$250 for a project of this size. These expenses will be billed at 1.10 times direct
cost. Please refer to the attached Schedule of Expenses. We will gladly provide additional services on a
time and materials basis.
Insurance Provisions
DCI maintains professional liability(errors and omissions) insurance for$2,000,000 per claim, $4,000,000
annual aggregate. This amount can be increased on specific projects at a cost to the client proportional to the
amount of additional insurance requested DCI also maintains$1,000,000 of general liability insurance
through St.Paul Fire and Marine. A certificate of insurance will be sent to you upon request.
Acceptance of Proposal
Professional Services for this project shall be provided according to the terms and conditions attached. If
this proposal and contract form is acceptable to you,please sign where noted, and return a copy for our
records. Our insurance carrier requires that DCI have a signed letter agreement prior to starting services.
We hope this proposal addresses your questions and needs. If further information is required please call.
We thank you for the opportunity to provide civil engineering services on this project.
Sincerely,
1
DCI Engineers
Darren A. Simpson,P.C.
Civil Division Manager
Approved By: Date:
Signature
Name: Title:
Attachments: ®Terms and Conditions ®Schedule of Expenses ❑Exhibit A ❑Other
10900 NE 4"' STREET,SUITE 1200 • BELLEVUE,WASHINGTON 98004- PHONE(425)827-2238 • FAX (425)827-8986
SCHEDULE OF EXPENSES
DCI ENGINEERS
- D'Amato Conveisano,Inc
Consulting Engineers
PROFESSIONAL SERVICES
Clerical and Administrative 501 40S/hr Project Manager 201 90$/hr
Clerical and Administrative 502 50$/hr Project Manager 202 100$/hr
Clerical and Administrative 503 80$/hr Project Manager 203 l 10$/hr
Project Manager 204 120$/hr
Technical Designer 401 50S/hr Project Manager 205 130$/hr
Technical Designer 402 55S/hr Project Manager 206 140$/hr
Technical Designer 403 60$/hr Project Manager 207 150$/hr
Technical Designer 404 65$/hr
Technical Designer 405 70$/hr Senior Project Manager 251 110$/hr
Technical Designer 406 75$/hr Senior Project Manager 252 120$/hr
Technical Designer 407 80$/hr Senior Project Manager 253 130$/hr
Technical Designer 408 90$/hr Senior Project Manager 254 140$/hr
Technical Designer 409 100$/hr Senior Project Manager 255 160$/hr
Senior Project Manager 256 180$/hr
Senior Technical Designer 451 80$/hr
Senior Technical Designer 452 90$/hr Senior Engineer 101 120$/hr
Senior Technical Designer 453 t00$/hi Senior Engineer 102 130$/hr
Senior Technical Designer 454 l 10$/hr Senior Engineer 103 140$/hi
Senior Technical Designer 455 120$/hr Senior Engineer 104 150$/hr
Senior Technical Designer 456 130$/hr Senior Engineer 105 160$/hr
Senior Engineer 106 180$/hr
Project Engineer 301 65$/hr Senior Engineer 107 200$/hr
Project Engineer 302 70$/hr
Project Engineer 303 75$/hr Principal Engineer 10 140$/hr
Project Engineer 304 80$/hr Principal Engineer 1 1 160$/hr
Project Engineer 305 85$/hr Principal Engineer 12 1805/hr
Project Engineer 306 90$/hr Principal Engineer 13 200$/hr
Project Engineer 307 95$/hr Principal Engineer 14 225$/hr
Project Engineer 308 100$/hr Principal Engineer 15 250$/hr
Project Engineer 309 105$/hr Principal Engineer 16 300$/hr
Project Engineer 310 l 10$/hr
Project Engineer 311 1 15$/hr
Project Engineer 312 120$/hr
REIMBURSABLE SERVICES
Original Plots and Architectural Plotting with Drawing Files Copies and Architectural Plotting with Plot Files
Media Size Fee Media Size Fee
Bond A-B Size $3 48/Plot Bond A Size $0 09/Plot
Bond C Size $4 75/Plot Bond B Size $0 18/Plot
Bond D Size $6 OO/Plot Bond C Size $1 03/Plot
Bond E-El Size $948/Plot Bond DSize $1320ot
Vellum A-B Size $5 25/Plot Bond E-El Size $2 09/Plot
Vellum C Size $7 10/Plot Color A Size $0 95/Plot
Vellum D Size $9 00/Plot Color B Size $1 50/Plot
Vellum E-El Size $1420/Plot
Mylar A-B Size $8 70/Plot
Mylar C Size $1 1 85/Plot Out of Office Services/Expenses $1 1 Ox Direct Cost
Mylar D Size $15 00/Plot Personnel Transportation 0 53$/mile
Mylar E-El Size $23 70/Plot
July 2007
DCI
D ' AMAT0 CO N V E R S A N 0 1NC. professional
services agreement
January 29, 2008
City of Kent
Attn: Mike Gillespie
400 W. Gowe St.
Kent,WA 98032
Re: Civil engineering proposal for Construction Standards Update
Dear Mr. Gillespie:
DCI is pleased to present this proposal for civil engineering services on the Construction Standards Update ''
project for the City of Kent. This proposal includes our Project Description,Assumptions and
Qualifications, Scope of Services and Summary of Proposed Professional Service Fees. Please let me know
if this proposal covers your project civil engineering requirements. If you have any questions or would like
to discuss any items, please don't hesitate to call us. We look forward to working with you and your staff.
Project Description
The Construction Standards Update will be performed on an as requested hourly basis with the City. DCI
has assisted the City with generating a Draft copy of the Standards DCI would assist in answering/
responding to comments on the Draft Standards and preparing a Final Standards for City of Kent Council
approval.
Assumptions and Qualifications
For the purpose of this proposal DCI has made the following assumptions. If additional services are
required or some should be excluded,please contact us as soon as possible so that we may adjust our
proposal. If these assumptions are not correct,please contact us so that we may determine if proposal
modifications are required.
• DCI would respond to questions and comments on the text or details for the Draft Standards. We
would work with the person or department who made the response to obtain a resolution to the
question or comment.
• DCI would revise the details as comments or questions are resolved. DCI will prepare a CD with all
the details in individual CAD and.pdf files for City use.
• DCI can assist the City with revising the text of the Standards at the City's request.
• City staff would coordinate receipt of comments and prioritize comments for response.
• City staff would coordinate the scheduling of meetings with other departments.
• It is assumed that City staff would make any Open House presentations and that DCI would assist
with preparation of up to three exhibits
Scope of Civil Services
Our scope of services for this project is based upon our history of assisting the City with updating their
Standards. We have broken the project into three specific tasks;Project and Documentation Management,
Public Involvement and Final Standards. DCI will perform these tasks on an as requested hourly basis for
the City. A more detailed description of each of these tasks follows:
1.0 Project and Documentation Management—This task will cover the effort to track what DCI has received
from the City and Public and the responses/resolutions to comments or questions.
2.0 Public Involvement, Coordination &Presentations:
Effort: This task will coordinate the Standards with local developers or construction companies designated
by the City. We will work to solicit their input on the Standards. Specifically Kent would like to
know the cost and constructability of the items that we are proposing and whether they will preclude
development in the City.
10900 NE 4'" STREET,SUITE 1200• BELLEVUE,WASHINGTON 98004• PHONE(425)827-2238 • FAX (425)827-8986
professional
services agreement
Page 2
Goal: Gain local developer input to Ithe revised Standards.
Potential Deliverables: 30-minute meetings with developers and one(1)Open House attendance DCI
would prepare a list of public comments and concerns.
3.0 Final Standards:
Effort: This task will coordinate to address the public and staff concerns, questions and comments for the
Standards update. The Draft Standards will be updated for the last time and presented to Council.
Goal. Council Adoption of the Standards and Specifications
Deliverable: Meetings with City staff, updating of the Draft Standards to a Final status, assistance with
presentation to the Council.
Summary of Professional Civil Service Fees
The tasks will be billed on an hourly basis. An hourly rate sheet has been attached. The attached schedule
of expenses gives the hourly rates for all of our staff and the cost of reimbursables
Some minor reimbursable costs, such as courier expenses,plotting,copying and travel costs will be billed
separate and additional to the hourly design fees. We estimate a Reimbursable budget of$500 and a
Reprographics budget of$250 for a project of this size. These expenses will be billed at 1 10 times direct
cost. Please refer to the attached Schedule of Expenses. We will gladly provide additional services on a
time and materials basis.
Insurance Provisions
DCI maintains professional liability(errors and omissions) insurance for$2,000,000 per claim, $4,000,000
annual aggregate. This amount can be increased on specific projects at a cost to the client proportional to the
amount of additional insurance requested. DCI also maintains$1,000,000 of general liability insurance
through St. Paul Fire and Marine A certificate of insurance will be sent to you upon request.
Acceptance of Proposal
Professional Services for this project shall be provided according to the terms and conditions attached. If
this proposal and contract form is acceptable to you,please sign where noted, and return a copy for our
records. Our insurance carrier requires that DCI have a signed letter agreement prior to starting services.
We hope this proposal addresses your'questions and needs. If further information is required please call.
We thank you for the opportunity to provide civil engineering services on this project.
Sincerely,
DCI Engineers
Darren A. Simpson,P.C.-.
Civil Division Manager
Approved By: Date:
Signature
Name: Title:
Attachments ®Terms and Conditions ®Schedule of Expenses ❑Exhibit A ❑Other
10900 NE 4"' STREET, SUITE 1200 • BEEEE�,VUE, WASHINGTON 98004• PHONE(425)827-2238 • FAX (425) 827-8986
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 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 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 Liability insurance with a minimum combined single limit for
bodily injury and property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than$1,000,000 each occurrence, $2,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and$1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
1. The 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.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance. The City reserves
the right to receive a certified copy of all required insurance policies. The
Contractor's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability.
D. Acceptability of Insurers;
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
AN II.
E. Verification of Coveragel
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.
i
Kent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 6E
1. SUBJECT: 2008 CONTRACT WITH DCI ENGINEERS FOR PEER REVIEW -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with DCI
Engineers, Inc., in an amount not to exceed $40,000, to provide professional
engineering services to the City for peer review of civil construction plans in
connection with proposed development projects, upon terms and conditions
acceptable to the City Attorney and the Public Works Director.
3. EXHIBITS: Public Works memo dated 1/30/08 and Consultant Services
Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure X Revenue
Currently in the Budget Yes X No
6. CITY COUNCIL ACTION:
iCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
17
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH I NGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 30, 2008
To: Chair Debbie Ranniger and Public Works Committee Members
PW Committee Meeting'Date: February 4, 2008
From: Mike Gillespie, Development Manager
Through: Larry Blanchard, Public (Works Director
Subject: 2008 Peer Review Contract with DCI Engineers
Motion: Move to recommend iCouncil authorize the Mayor to sign the contract
with DCI Engineers, Inc. to provide professional engineering services to the City for
peer review of civil construction plans in connection with proposed development
projects in an amount not to exceed $40,000, upon concurrence of the language
therein by the City Attorney and the Public Works Director.
Background/Summary:
Due to a shortage of qualified engineers to fill vacant positions in the Development Section,
we are looking for help with review of private development projects when existing staff is
stretched to complete peer review within the time allocated. Since new construction will
continue at a consistent pace Public, Works wants to complete permitting of projects in a
timely manner. If required we will contract these reviews to a consulting firm. If the
consulting firm is not used there will be no charges to the City by the consultant.
A panel reviewed the consultant roster, short-listing it to a group of 5 firms who were asked
to submit a specific statement of qualifications (SOQ) with additional information. Based on
the review of submittals, we have selected DCI Engineers as one of the firms to contract with
for peer review work.
I �
1
u IPWCommifleelAcnonPage12008102 04 08DC7 Peer Review Conlrac!doc
KENT
WASHINGTON
CONSULTANT' SERVICES AGREEMENT
between the City of Kent and
DCI Engineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and DCI Engineers, Inc. organized under the laws of the State of Washington, located
and doing business at 10900 NE 4th Street, Suite 1200, Bellevue, WA 98004, Phone: (425) 827-2238/Fax:
(425) 827-8986, Contact: Debbie Wick(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The Consultant shall provide on-call 1 services for street light and channelization development
project review. For a description, 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 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 March 31, 2009.
jIII. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty
Thousand Dollars ($40,000.00) for the services described in this Agreement. This is the
maximum amount to be paid under this Agreement for the work described in Section I above,
and shall not be exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) ,year from the effective date of this Agreement. The Consultant's
billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of,all services described in this Agreement. The City shall provide
CONSULTANT SERVICES AGREEMENT- I
(Over$10,000)
within forty-five 45 days of receipt of an invoice. If the City objects to all or any
payment Y ( ) Y p J
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 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 jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
p
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
IX. EXCHANGE OF INFORMATION. The Citywill provide its best
p rov s efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant,shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing. 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 I 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.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its_ Mayor
(Title) (Title)
DATE: DATE:
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Debbie Wick Larry R. Blanchard
DCI Engineers, Inc. City of Kent
10900 NE 4th Street, Suite 1200 220 Fourth Avenue South
Bellevue, WA 98004 Kent, WA 98032
(425) 827-2238 (telephone) (253) 856-5500 (telephone)
(425) 827-8986 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
DCI Engineers-On-call St Light/Gillcspic
CONSULTANT SERVICES AGREEMENT-5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. 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.
3. During the time of this Agreement the prime contractor will provide a written statement to all new --
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200 .
By:
For: '
Title:
Date:
EEO COMPLIANCE DOCUMENTS- 1
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.
v�
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of , 200
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
Exhibit A:
Scope of Work
Proiect Description
On-call consultant services shall be for Street Light and Channelization Development Project
Review and will be performed on an as needed basis within the City. DCI will review the street
light and channelization designs and respond with comments to the City, Intolight or developers
as requested by the City. DCI will track documents received, review responses and comment
responses through approval, and return redlined plans and calculations to the City for City
records. DCI will also log in responses'l to the City's KIVA tracking system.
Assumptions and Qualifications
For the purpose of this proposal DCI has made the following assumptions:
■ Project plans and street light designs will be provided by the City or Intohght.
■ Review for street light design will be according to the City of Kent's Development
Assistance Brochure (DAB) 6-1 and Construction Standards.
■ Street light design will be reviewed utilizing AGI 32 software. IES (luminaire
specifications) files shall be provided by the designer.
■ Frontage improvements including new or overlaid pavement, access points, curb, gutter,
sidewalk and other utilities will be reviewed by others.
■ Channelization will be reviewed in accordance with City Construction Standards,
Development Assistance Brochures and the MUTCD.
Scope of Civil Services
The project is broken into three spect;fic tasks; Project and Documentation Management, Street
Light Review and Channelization Review. A more detailed description of each of these tasks
follows:
■ Project and Documentation Management—This task will cover the effort to track what
DCI has received, what comments have been returned to the developer, the developer's
responses and the approval process. This task will track the status of the review as well as
the location of the redhned plaits and calculations for the project.
■ Street Light Review — This task will cover the effort to review the street light design
provided by Intolight or the developer for a project.
o The design review willlconsist of•
■ A verification that the design meets the City's light standard and luminaire
requirements;
■ The design meets the uniformity ratio and illuminence levels as stated in
DAB 6-1 and, that the street light spacing is reduced by 10% to
accommodate future street light relocations;
■ DCI will verify,street light designs with the AGI 32 software;
■ Where possible DCI will note utility conflicts if proposed and existing
utilities are shown on the plans provided by the developer or Intolight;
■ DCI will coordinate review comments and responses with the developer or
Intolight until acceptance.
o A weekly meeting with Intolight and the City is anticipated for the near future at
the City's offices.
o At this time site visits for the individual projects are anticipated where an existing
street frontage may or may not have street lighting and the proposed development
will add to the existing street lighting.
o DCI will send copies of redlined drawings to the City and coordinate review
comments with the City for tracking within their KIVA system.
o DCI will meet the City's review response time of 28 days for complete submittals.
DCI will work to achieve a 15 day turn around in our reviews.
■ Channelization Review — This task will cover the effort to review the channelization
provided by the developer for a project on an as needed basis.
o The design review will consist of:
■ Review of channelization and signing to City Construction Standards, City
DAB's and MUTCD standards. At this time it is anticipated that the
channelization review will be for new turn lanes at intersections or new
roadways and their appropriate signing, and
■ Review of the existing vs. proposed signing and channelization. This will
entail a plans in hand site visit. DCI will make an effort to group three or
more projects with the weekly meeting to limit travel time for this on-call
task.
o DCI will meet the City's review response time of 28 days for complete submittals.
DCI will work to achieve a 15 day turn around in our reviews.
Summary of Professional Civil Service Fees
The tasks will be billed on an hourly basis. The schedule of expenses in Exhibit B gives the
hourly rates for all of our staff and the cost of reimbursables.
Some minor reimbursable costs, such as courier expenses, plotting, copying and travel costs will
be billed separate and additional to the hourly design fees. These expenses will be billed at 1.10
times direct cost.
DCU '11
D ' AMATO C0NVERISAN0 INC . professional
services agreement
December 10, 2007
City of Kent
Attn• Mike Gillespie
400 W. Gowe St.
Kent, WA 98032
Re: Civil engineering proposal for On-Call Development Review
Dear Mr. Gillespie:
DCI is pleased to present this proposal for civil engineering services for Development Review for
projects within the City of Kent. This proposal includes our Project Description, Assumptions and
Qualifications, Scope of Services and Summary of Proposed Professional Service Fees. Please let me
know if this proposal covers your p>oject civil engineering requirements. If you have any questions or
would like to discuss any items, please don't hesitate to call us. Thank you again for the opportunity to
provide these engineering services We look forward to working with you and your staff.
Project Description
This On-call shall be for Development Project Review and will be performed on an as needed basis
within the City. DCI has and would continue to perform reviews of the street light and channelization
designs and respond with comments to the City, Intolight or developer as requested by the City. DCI
will track documents received, review responses and comment responses through approval and return
redlined plans and calculations to the City for City records.
Assumptions and Qualifications
For the purpose of this proposal DCI has made the following assumptions. If additional services are
required or some should be excluded, please contact us as soon as possible so that we may adjust our
proposal. If these assumptions are not correct,please contact us so that we may determine if proposal
modifications are required.
• Project plans and street light designs will be provided by the City or Intolight.
• Review for street light design will be to the City of Kent's Development Assistance Brochure
(DAB) 6-1 and Construction Standards.
• Street light design will be reviewed utilizing AGI 32 software. IES (lummaire specifications)
files shall be provided by the designer.
• It is assumed that frontage�improvements including new or overlaid pavement, access points,
curb, gutter, sidewalk and other utilities will be reviewed only as requested by the City.
• Channelization will be reviewed in accordance with City Construction Standards, Development
Assistance Brochures and the MUTCD.
Scope of Civil Services
Our scope of services for this project is based upon our understanding of the development review
process and the City's review response time. We have broken the project into three specific tasks;
10900 NE 4"'STREET, SUITE 1200 • BELLEVUE, WASHINGTON 98004• PHONE(425)827-2238 • FAX (425) 827-8986
professional
services agreement
Page 2
Project and Documentation Management, Street Light Review, Channelization Review and
Development Review. A more detailed description of each of these tasks follows:
1.0 Project and Documentation Management—This task will cover the effort to track what DCI has
received, what comments have been returned to the developer, the developer's responses and the
approval process. This task will track the status of the review as well as the location of the
redlined plans and calculations for the project.
2.0 Street Light Review—This task will cover the effort to review the street light design provided by
Intolight or the developer for a project.
2.1 The design review will consist of:
2.1.1 A verification that the design meets the City's light standard and lummaire
requirements,
2.1.2 The design meets the uniformity ratio and illummence levels as stated in DAB
6-1 and that the street light spacing is reduced by 10% to accommodate future
street light relocations,
2.1.3 DCI will verify street light designs with the AGI 32 software, _
2.1.4 Where possible DCI will note utility conflicts if proposed and existing utilities
are shown on the plans provided by the developer or Intolight,
2.1.5 DCI will coordinate review comments and responses with the developer or
Intollght until acceptance.
2.2 A bi-weekly meeting with Intolight and the City is anticipated for the near future at the
City's offices.
2.3 At this time site visits for the individual projects are anticipated where an existing street
frontage may or may not have street lighting and the proposed development will add to the
existing street lighting.
2.4 DCI will send copies of redlined drawings to the City and coordinate review comments
with the City for tracking within their KIVA system
2.5 DCI will meet the City's review response time of 28 days for complete submittals. DCI
will work to achieve a 15 day turn around in our reviews.
3.0 Channelization Review—This task will cover the effort to review the channelization provided by
the developer for a project on an as needed basis.
3.1 The design review will consist of:
3.1.1 Review of channelization and signing to City Construction Standards, City
DAB's and MUTCD standards At this time it is anticipated that the
channelization review will be for new turn lanes at intersections or new
roadways and their appropriate signing, and
3.L2 Review of the existing vs. proposed signing and channelization. This will
entail a plans in hand site visit. DCI will make an effort to group three or more
projects with the weekly meeting to limit travel time for this on-call task.
3.2 DCI will meet the City's review response time of 28 days for complete submittals. DCI
will work to achieve a 15 day turn around in our reviews.
4.0 Development Review—This task will cover the effort to review development plans as requested by
the City. Development reviews could encompass reviews of roadway and frontage improvements,
stormwater facility design and water and sewer connections for the project. Development reviews
would be based on a project need only.
10900 NE 4"'STREET,SUITE 1200- BELLEVUE,WASHINGTON 98004• PHONE(425)827-2238 - FAX (425) 827-8986
professional
services agreement
Page 3
> Summary of Professional Civil Service Fees
The tasks will be billed on an hourly basis. An hourly rate sheet has been attached. We would estimate
a typical street light review to be approximately 1 —4 hours and a channelization review to be
somewhat less. Our fees will be billed monthly on an hourly basis. The attached schedule of expenses
gives the hourly rates for all of our staff and the cost of reimbursables
Some minor reimbursable costs, such as courier expenses,plotting, copying and travel costs will be
billed separate and additional to the;hourly design fees. We estimate a Reimbursable budget of$500
and a Reprographics budget of$250�for a project of this size. These expenses will be billed at 1.10
times direct cost. Please refer to the',attached Schedule of Expenses. We will gladly provide additional
services on a time and materials basis.
If there are substantial and significant plan changes, after work commences, we reserve the opportunity
to discuss a reasonable modification of our fee. Any modification to the scope of services will be
prepared as an amendment to this contract.
Insurance Provisions
DCI maintains professional liability�(errors and olmssions) insurance for$2,000,000 per claim,
$4,000,000 annual aggregate This amount can be increased on specific projects at a cost to the client
proportional to the amount of additional insurance requested. DCI also maintains $1,000,000 of general
liability insurance through St. Paul Fire and Marine. A certificate of insurance will be sent to you upon
request.
Acceptance of Proposal
Professional Services for this project shall be provided according to the terms and conditions attached
If this proposal and contract form isl acceptable to you,please sign where noted, and return a copy for
our records. Our insurance carrier r�equlres that DCI have a signed letter agreement prior to starting
services.
We hope this proposal addresses your questions and needs. If further information is required please
call. We thank you for the opportuinty to provide civil engineering services on this project.
Sincerely,
Y
DCI Engineers
4., .•
Darren A. Simpson, P.E.
Civil Division Manager
Approved By: Date.
Signature
Name: iTitle:
Attachments: ®Terms and Conditions®Schedule of Expenses ❑Exhibit A ❑Other
10900 NE 4"' STREET,SUITE 1200 • BELLEVUE, WASHINGTON 98004• PHONE(425) 827-2238 • FAX (425) 827-8986
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 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 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 Liability insurance with a minimum combined single limit for
bodily injury and property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit.
EXHIBIT B Continued
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and$1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance
1. The 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.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance. The City reserves
the right to receive a certified copy of all required insurance policies. The
Contractor's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made orisuit 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.
Kent City Council Meeting
Date February 19, 2008
1 Category Consent Calendar - 6F
1. SUBJECT: 2008 CONTRACT WITH OTAK, INC. FOR PEER REVIEW -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with
Otak, Inc., in an amount not to exceed $40,000, to provide professional
engineering services to the City for peer review of civil construction plans in
connection with proposed development projects, upon terms and conditions
acceptable to the City Attorney and the Public Works Director.
t3. EXHIBITS: Public Works memo dated 1/30/08 and Consultant Services
Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
t5. FISCAL IMPACT
Expenditure X Revenue
Currently in the Budget Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
t
DISCUSSION:
ACTION:
' 19
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
KENT Fax: 253-856-6500
WASH I N G T O N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 30, 2008
To: Chair Debbie Ranniger and Public Works Committee Members
PW Committee Meetingl,Date: February 4, 2008
From: Mike Gillespie, Development Manager
Through: Larry Blanchard, Public(Works Director
Subject: 2008 Engineering Peer Review Contract with Otak, Inc.
Motion: Move to recommend Couincil authorize the Mayor to sign the contract with
Otak, Inc., for professional engineering services for peer review of civil construction
plans in connection with proposed development projects, not to exceed $40,000
upon concurrence of the language therein by the City Attorney and the Public Works
Director.
Background/Summary:
Due to a shortage of qualified engineers to fill vacant positions in the Development Section,
we are looking for help with review iof private development projects when existing staff is
stretched to complete peer review within the time allocated. Since new construction will
continue at a consistent pace this year we do not want to utilize or existing engineering staff
on this project. If the consulting firm is not used there will be no charges to the City by the
consultant.
i
A panel reviewed the consultant roster, short-listing it to a group of 5 firms who were asked
to submit a specific statement of qualifications (SOQ) with additional information. Based on
the review of submittals, we have selected Otak as one of the firms to contract with for peer
review work.
n I PWCounnitteelAUionPagel2008102 04 0801aVeerReviewC onn act doc
KENO
WAS H I N GTON
CONSULTANTS SERVICES AGREEMENT
betweenjthe City of Kent and
' Otak, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing
business at 10230 NE Points Drive, Suite 4001, Kirkland, WA 98033, Phone: (425) 739-7964/Fax: (425) 827-
9577, Contact: Mark Cole (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.'',
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The Consultant shall provide peer review services to the City of construction plans for proposed
development and design projects. Forl a description, 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.
IL 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 March 31, 2009.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty
Thousand Dollars ($40,000.00) for the services described in this Agreement. This is the
maximum amount to be paid 'under this Agreement for the work described in Section I above,
and shall not be exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) iyear from the effective date of this Agreement. The Consultant's
billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
CONSULTANT SERVICES AGREEMENT- I
(Over$10,000)
within forty-five 45 days of receipt of an invoice. If the City objects to all or an
payment Y O Y p Y J Y
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that -
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this '
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 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 jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIIL INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
P
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
IX. . T OF EXCHANGE INFORM
N he City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, 'documents, and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
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 Consultantli 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 ai4d recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing. 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.
i
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent. '
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations. ,
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Title) (Title)
DATE: DATE:
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Mark Cole Larry R. Blanchard
Otak, Inc. City of Kent
10230 NE Points Drive, Suite 400 220 Fourth Avenue South
Kirkland, WA 98033 Kent, WA 98032
(425) 739-7964 (telephone) (253) 856-5500 (telephone)
(425) 827-95767 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Otak-Peer Review/Gillespie
CONSULTANT SERVICES AGREEMENT-5
(Over$10,000)
1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor, '
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, '
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new '
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- 1 '
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements ',for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
1 1. Provide a written statement to all new'employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines.
1 �
i
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the '
Agreement.
I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of , 200
1
By: '
For:
Title:
Date:
i
1
t
EEO COMPLIANCE DOCUMENTS-3
Exhibit A:
Scope of Work
Scope:
The Consultant shall provide professional engineering services to the City for peer review of
civil construction plans in connection with proposed development and design projects. The
consultant will work at the direction of the Development Engineering Manager and/or the Design
Engineering Manager, and will support the Development/Design Engineer managing the plan
reviews.
Payment:
Payment shall be on an hourly basis atli the rates given in the attached"2008 Otak Billing Rates."
Expiration:
March 31, 2009
I Maximum Contract Amount:
$40,000
1
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The ,
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall
be named as an insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City using ISO '
additional insured endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
B. Minimum Amounts of Insurance ,
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than$1,000,000 each occurrence, $2,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit. ,
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:
EXHIBIT B (Continued)
l
1. The Consultant's insurance coverage shall be primary insurance as respect the
City. Any Insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Consultant's insurance and shall not
contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice
by certified mail, returns receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the Consultant and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance. The City reserves
the right to receive a certified copy of all required insurance policies. The
Consultant's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made orisuit is brought, except with respects to the limits of
the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. Verification of Coverage
Consultant shall furnish the City w�th 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 Consultant before
commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish
1 separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to a�11 of the same insurance requirements as stated herein
for the Consultant.
Kent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 6G
1. SUBJECT: 2008 CONTRACT WITH SKILLINGS CONNOLLY FOR PEER
REVIEW - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with
Skillings Connolly, in an amount not to exceed $40,000, to provide professional
engineering services to the City for peer review of civil construction plans in
connection with proposed development projects, upon terms and conditions
acceptable to the City Attorney and the Public Works Director.
t3. EXHIBITS: Public Works memo dated 1/30/08 and Consultant Services
Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
r5. FISCAL IMPACT
Expenditure X Revenue
Currently in the Budget Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
21
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
K Fax: 253-856-6500
W A S H I N G T O N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
I
Date: January 30, 2008
To: Chair Debbie Ranniger and Public Works Committee Members
PW Committee Meeting',Date: February 4, 2008
From: Mike Gillespie, Development Manager
' Through: Larry Blanchard, Public Works Director
Subject: 2008 Engineering Peer Review Contract with Skillings Connolly
Motion: Move to recommend(Council authorize the Mayor to sign the contract
with Skillings Connolly to provide, professional engineering services to the City for
peer review of civil construction plans in connection with proposed development
projects, not to exceed $40,000, upon concurrence of the language therein by the
City Attorney and the Public Works Director.
Background/Summary:
Due to a shortage of qualified engineers to fill vacant positions in the Development Section,
we are looking for help with review ,of private development projects when existing staff is
stretched to complete peer review 'within the time allocated. Since new construction will
continue at a consistent pace this year we do not want to utilize or existing engineering staff
on this project. If the consulting firm, is not used there will be no charges to the City by the
consultant.
' A panel reviewed the consultant roster, short-listing it to a group of 5 firms who were asked
to submit a specific statement of qualifications (SOQ) with additional information. Based on
the review of submittals, we have selected Skillings Connolly as one of the firms to contract
with for peer review work.
1 I
u IPWComnnlleelAcnonPagel2008102 04 08�AvILngconnollvconOacf doc
� I
I
KENT
' W A 5 H I N G T O N
■ CONSULTANT I SERVICES AGREEMENT
■ between the City of Kent and
i Skillings Connolly, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Skillings Connolly, Inc. organized under the laws of the State of Washington,
located and doing business at 1500 Fairview I Avenue E., Suite 200, Seattle, WA 98102, Phone: (206) 838-
1 5988/Fax: (206) 838-4361, Contact: Don Ru�sell(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The Consultant shall provide peer review services to the City of construction plans for proposed
development projects. For a description, 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.
IL 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 1 by March 31, 2009.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty
Thousand Dollars ($40,000 06) for the services described in this Agreement. This is the
maximum amount to be paid under this Agreement for the work described in Section I above,
and shall not be exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's
billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of fall services described in this Agreement. The City shall provide
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
within forty-five 45 days of receipt of an invoice. If the City objects to all or an '
payment Y O Y p y J Y
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this '
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative ,
Policy 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 jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence. ,
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
IX. EXCHANGE OF INFORMATION. The Citywill provide its best efforts to provide
P
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
' The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
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 uiilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant)shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' I erformance 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.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such ,
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the '
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in ,
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Tale) (Title)
DATE: DATE:
CONSULTANT SERVICES AGREEMENT-4
(Over,$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
' CONSULTANT: CITY OF KENT:
Don Russell Larry R. Blanchard
Skillings Connolly, Inc. City of Kent
1500 Fairview Avenue E., Suite 200 220 Fourth Avenue South
Seattle, WA 98102 Kent, WA 98032
(206) 838-5988 (telephone) (253) 856-5500 (telephone)
(206) 838-4361 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
II
Kent Law Department
Skillmgs Connolly-Peer Rcvicw/Gillespie
I
Ili
CONSULTANT SERVICES AGREEMENT-5
(Over$10,000)
DECLARATION i
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
i
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 i
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2. i
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 i
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime i
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. i
Dated this day of , 200_.
By:
For: i
Title: i
Date:
i
i
EEO COMPLIANCE DOCUMENTS- 1 i
'
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements ��for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
1. Provide a written statement to all new�employees and subcontractors indicating commitment as an equal
opportunity employer.
' 2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or s'1upplier 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 C�ity's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
III
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT t
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
1, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent. '
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of 1200
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3 '
i
Exhibit A:
Scope of Work
Scope:
The Consultant shall provide professional engineering services to the City for peer review of
civil construction plans in connection with proposed development and design projects. The
consultant will work at the direction of the Development Engineering Manager and/or the Design
Engineering Manager, and will support the Development/Design Engineer managing the plan
reviews.
Payment:
Payment shall be on an hourly basis at the rates given in the attached "2008 Skillmgs Billing
Rates."
Expiration:
} March 31, 2009
Maximum Contract Amount:
$40 000
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall
be named as an insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit.
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
EXHIBIT B (Continued)
I. The Consultant's insurance coverage shall be primary insurance as respect the
City. Any Insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Consultant's insurance and shall not
contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty(30) days prior written notice
by certified mail, return�receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the Consultant and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance. The City reserves
the right to receive a certified copy of all required insurance policies. The
Consultant's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made orlsuit is brought, except with respects to the limits of
the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Consultant.
Kent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 6H
1. SUBJECT: COPIER FLEET REPLACEMENT LEASE AGREEMENTS - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign a lease agreement
with Ricoh Business Systems and all other necessary documents, within
established budgets and in an approximate amount of $320,000 per year, to
supply the City with multi-function copier, printer, and facsimile devices under the
King County Directors Association's Master Contract, subject to final terms and
conditions acceptable to the City Attorney.
3. EXHIBITS: Paul Dunn s 2/5/08 memo and Draft lease agreement
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
S. FISCAL IMPACT
Expenditure Yes Revenue
Currently in the Budget Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
i
�I
INFORMATION TECHNOLOGY
Paul Dunn, Technical Services Manager
. Phone 253-856-4600
I Fax 253-856-4700
K E N T
WASH N G T O N Address 220 Fourth Avenue S
Kent, WA 98032-5895
February 5, 2008
TO: Kent City Council Operations Committee
FROM: Paul Dunn, Technical Services Manager
THROUGH: Mayor Suzette Cook
SUBJECT: Copier Fleet Replacement
i
MOTION: I move that the City Council authorize the Mayor to enter into
leasing agreements with Ricoh Business Systems to supply the City with
�j Multi-Function Copier, Printeri and Facsimile devices under the KCDA (King
County Director's Association) Master Contract.
SUMMARY: The City's leased 'copier fleet is now 5 years old and is ready for
replacement. During 2007, the Information Technology Department conducted a
City-wide survey of computer printers, copiers, and facsimile machines. As part of
this survey, page count and p Tinting volumes were measured on each device.
Department and workgroup level interviews were conducted in order to better
understand each area's printing and copying needs and functions. Based on the
results of this survey, it was � estimated that the City spends approximately
$440,000 per year in printing/copying, and faxing activities.
Following this research, an "anticipated state" was developed. This "anticipated
state" represents a modified printer/copier fax machine profile that when adopted,
will save the City an estimated $120,000 per year in printing/copying/and faxing
charges.
Based on the "anticipated state" the Information Technology Department issued a
Request for Proposals from vendors to supply the City with its replacement fleet.
We received 10 proposals from 8 vendors. We conducted in-depth interviews with
4 finalist vendors, and settled on Ricoh Business Systems as the chosen vendor.
BUDGET IMPACT: The leasing osts are billed back internally to departments, and
the overall costs are bu
dgeted by the City.
I
I
Documentation Instructions
The instructions listed below should be followed)when completing the enclosed documentation. Documentation
completed improperly will delay funding. If you have any questions regarding the instructions or the documentation,
please call us.
I. EQUIPMENT LEASE PURCHASE AGREEMENT
EXCEPT AS NOTED, ALL SIGNATURES MUST BE BY THE PERSON OR PERSONS AUTHORIZED/N LESSEE'S
RESOLUTION
1. Description of Equipment
• Type in complete equipment description
• Type the location where the'equipment will be located after delivery/installation.
2. Terms and Conditions
• Sign and t pe name and title
• Another n idumu t
t
3. Certificate oe e n
e
• Date, si
4. Opinion of Counsel
• Lessee's legal counsel must sign, date and type in their name, the name of the firm, address and
telepho
VA
5. Tax Design ion C Can�tsInitial th o n #M. I ENT
• Date, sign and type in names and title
• Another individual must attest the signature
• Clerk or secretary must date, sign and type in title
6. Acceptance Certificate
• Date, sign and type name and title
L
If. 8038 -IRS Form
o In Box 2, type employer identification number
o In Box 4, type in the number of 8038 forms filed in 2006
o Sign and type name and title
III. CERTIFICATE OF INSURANCE
Both Property and Liability Insurance Required to fund
• Customer Agreement to Provide Insurance Coverage
o Select Option#1 or 2 and Complete and sign
I
Insurance Certificate(s) When requesting Cer ifIcates from your insurance agency, instruct that each Certificate or
binder list De Lage Landen Public Finance LLC and/or Its Assigns as "loss payee"and "additional insured
IV. ADDITIONAL DOCUMENTATION THAT MUST BE SENT PRIOR TO FUNDING:
• Resolution of governing body approving the purchase of the equipment and the resolution ratifying
the financing. (Note: If the purchase resolution and financing were done in one resolution that is
sufficient.)
• Original vendor invoice (if applicable)
• Copy of title/MSO listing DLL Public Finance LLC&/or Its Assigns as 1st lienholder(if applicable)
• First payment check(if applicable)
All documentation should be returned to:
DLL Public Finance LLC
2600 Grand Boulevard, Suite 380
Kansas City, MO 64108
816-448-5555
Rev 0412006
EQUIPMENT LEASE PURCHASE AGREEMENT D e
n
DATED:
W
NAME AND ADDRESS OF LESSOR NAME AND ADDRESS OF LESSEE
De Lage Landen Public Finance LLC
2600 Grand Boulevard,Suite 380
Kansas City,Missouri 64108
DESCRIPTION OF EQUIPMENT
Quantity Description Model# Serial#
Location of Equipment: SAMP12E
d Address of Vendor:
RENTAL PAYMENTS
Rental Payment Periods shall be[monthly][q erlyOualCJR aym is be a cc dan th on Ol and the Schedule of Rental Payments attached hereto
as Exhibit A11
_// _
IL
TERMS AND CONDITIONS
THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH ON PAGES TWO THROUGH
FIVE,INCLUDING ANY EXHIBITS ATTACHED HERETO,SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE
IN WITNESS WHEREOF,Lessor and Lessee have caused this Agreement to be executed in thew names by their duly authorized representatives as of the date wntten above
DE LAGE LANDEN PUBLIC FINANCE LLC
(LESSOR) (LESSEE)
By By
Title Title
(SEAL)
Lease Number ATTEST:
Title
CERTIFICATE OF CLERK OR SECRETARY OF LESSEE
L the undersigned,do hereby certify that the officer of Lessee who executed the foregoing Agreement on behalf of Lessee and whose genume signature appears thereon,is the duly qualified
and acting officer of Lessee as stated beneath his or her signature and has been authorized to execute the foregoing Agreement on behalf of Lessee
Dated By
Title
OPINION OF COUNSEL
As legal counsel of Lessee,I have examined(a)the Agreement,which,among other things provides for the sale to and purchase by the Lessee of the Equipment,(b)an executed counterpart of
the ordinance or resolution of Lessee which,among other tbmgs,authorizes Lessee to execute the Agreement and(c)such other opinions,documents and matters of law as I have deemed
necessary in connection with the following opinions Based on the foregoing,I am of the following opinions (1)Lessee is a pubbc body corporate and politic,duly organized and existing under
the laws of the State,and has a substantial amount of one or more of the following sovereign powers (a)the power to tax,(b)the power of emment domain,and(c)police power,(2)Lessee has
the requisite power and authority to purchase the Equipment and to execute and deliver the Agreement and to perform its obligations under the Agreement,(3)the Agreement and the other
documents either attached thereto or required therein have been duly authorized,approved and executed by and on behalf of Lessee,and the Agreement is a valid and binding obligation of Lessee
enforceable in accordance with its terms,except to the extent limited by applicable banlwptcy,insolvency,reorganization or other laws affecting creditors tights generally,(4)the authorization,
approval and execution of the Agreement and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws,
public bidding laws and all other applicable state and federal laws,and(5)there is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or
tribunal that,if adversely determined,would adversely affect the transactions contemplated by the Agreement or the security interest of Lessor or its assigns,as the case may be,in the Equipment
All capitalized terms herem shall have the same meanings as in the Agreement Lessor,its successors and assigns,and any counsel rendering an opinion on the tax-exempt status of the interest
components of Rental Payments are entitled to rely on this opinion
Printed Name Dated
Address
f
Telephone No Signature
Rev 04/2006
D �
ARTICLE I F
Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise
"Agreement"means this Equipment Lease Purchase Agreement and any,other schedule,exhibit or escrow agreement made a part hereof by the parties hereto,together with any amendments
to the Agreement
"Code"means the Internal Revenue Code of 1986,as amended
"Commencement Date"is the date when the term of this Agreement aqd Lessee's obligation to pay rent commence,which date shall be the earlier of(t)the date on which the Equipment is
accepted by Lessee in the manner described in Section 5 01,or(u)the date on which sufficient moneys to purchase the Equipment are deposited by Lessor for that purpose with an escrow agent
"Equipment"means the property described on the front of this Agree I
ment,and all replacements,substitutions,repairs,restorations,modifications,attachments,accessions,additions and
improvements thereof or thereto
"Event of Default"means an Event of Default described in Section 12 01
"Issuance Year"is the calendar year in which the Commencement Date occurs
"Lease Term"means the Original Term and all Renewal Terms,but ending on the occurrence of the earliest event specified in Section 3 02
"Lessee"means the entity described as such on the front of this Agreement,its successors and its assigns
"Lessor"means the entity described as such on the front of this Agreement,its successors and its assigns
"Maximum Lease Term"means the Original Term and all Renewal Terms through the Renewal Term including the last Rental Payment date set forth on the Payment Schedule
"Net Proceeds"means the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting all expenses(including attorneys'fees)incurred in the
collection of such claim or award
"Original Term"means the period from the Commencement Date until the end of the fiscal year of Lessee in effect at the Commencement Date
"Payment Schedule"means the schedule of Rental Payments and Purchase Price set forth on Exhibit A
"Purchase Price"means the amount set forth on the Payment Schedule as the Purchase Price for the Equipment
"Renewal Terms"means the optional renewal terms of this Agreement,each having a duration of one year and a term co-extensive with Lessee's fiscal year
"Rental Payment Period"means th ARIc
day a ue the day before the next Rental Payment is due, The fast Rental Payment Period shall
begin on the Commencement Date m all es I Pen are on y, bseque en Payment Periods shall begin on the same day of each month after the Commencement
Date If Rental Payment Periods are quart un a Pe all gin on a day of each third month after the Commencement Date If Rental Payment Periods are
semiannual,subsequent Rental Paymen en o da f each xth n after a Commencement Date If Rental Payment Periods are annual,subsequent Rental
Payment Penods shall begin on the anni e om nt ch y e encement Date is the 29th,30th,or 31st day of a month,any subsequent Rental Payment
Period that would otherwise begin on the 29th,30th or 3I st of a month that does not include such a date shall begin on the last day of the month
"Rental Payments"means the basic rental payments payable by Lessee pursuant to Section 4 01
"State"means the state in which Les ed
"Vendor"menus the manufacturer of a Eq t as wCageiUMIENT-
Section2.01. r is purchasing the Equipment as listed on the front of
thus Agreement
Representations and Covenants of Lessee Lessee represents,warrants and covenants for the benefit of lessor as follows
(a)Lessee is a municipal corporation and political subdivision duly o%ga—ved and existing under the constitution and laws of the State Lessee will do or cause to be done all tbmgs to
preserve and keep in full force and effect its existence as a body corporate and pohtic Lessee is a political subdivision of the State within the meaning of Section 103(a)of the Code or a
constituted authority authorized to issue obligations on behalf of a state or local governmental unit within the meaning of the regulations promulgated pursuant to said Section of the Code
(b)Lessee is authorized under the constitution and laws of the State to enter into this Agreement and the transaction contemplated hereby and to perform all of its obligations hereunder
(c)Lessee has been duly authorized to execute and deliver this Agreement by proper action and approval of its governing body at a meeting duly called,regularly convened and attended
throughout by a requisite majority of the members thereof or by other appropriate official approval
' (d)This Agreement constitutes the legal,valid and binding obligatiT of the Lessee enforceable in accordance with its terms,except to the extent limited by applicable bankruptcy,
insolvency,reorganization or other laws affecting creditors'rights generally
(e)No event or condition that constitutes,or with the giving of notice or the lapse of tune or both would constitute,an Event of Default exists at the Commencement Date
(f)Lessee has,in accordance with the requirements of law,fully budgeted and appropriated sufficient funds for the current fiscal year to make the Rental Payments scheduled to come due
during the Original Term and to meet its other obligations for the Original Term,and such funds have not been expended for other purposes
L (g)Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic
(h)Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment hereunder
(1)There is no action,suit,proceeding,inquiry or investigation,at law or in equity,before or by any court,public board or body,pending or threatened against or affecting the Lessee,nor to
the best knowledge of the Lessee is there any basis therefor,wherein an unfavorable decision,ruling or finding would materially adversely affect the transactions contemplated by this
Agreement or any other document,agreement or certificate which is used or contemplated for use in the consummation of the transactions contemplated by this Agreement or materially
adversely affect the financial condition or properties of Lessee
0)All authorizations,consents and approvals of governmental bodies or agencies required in connection with the execution and delivery by the Lessee of this Agreement or in connection
with the carrying out by the Lessee of its obligations hereunder have been obtained.
(k)The entering into and performance of this Agreement or any other document or agreement contemplated hereby to which the Lessee is or is to be a party will not violate any judgment,
order,law or regulation applicable to the Lessee or result in any breach of,i or constitute a default under,or result in the creation of any hen,charge,security interest of other encumbrance on
any assets of the Lessee or the Equipment pursuant to any mdem ure,mortgage,deed of trust,bank loan or credit agreement or other instrument to which the Lessee is a party or by which it or
its assets may be bound,except as herein provided
(1)The Equipment described in this Agreement is essential to the function of the Lessee or to the service Lessee provides to its citizens The Lessee has an immediate need for,and expects
to make immediate use of,substantially all the Equipment,which need is not temporary or expected to diminish in the foreseeable finure The Equipment wtll be used by Lessee only for the
purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of Lessee's authority and will not be used in the trade or business of
any other entity or person
(m)Lessee will comply with all applicable provisions of the Code,including without limitation Sections 103 and 148 thereof,and the applicable regulations of the Treasury Department to
maintain the exclusion of the interest components of Rental Payments from gross income for proposes of federal income taxation
(n)Lessee has never failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any lease purchase,installment sale or other
sumlar agreement
Section 2.02. Certification as to Arbitrage Lessee hereby represents as follows
(a)The estimated total costs of the Equipment will not be less than the total principal portion of the Rental Payments
(b)The Equipment has been ordered or is expected to be ordered within six months of the Commencement Date,and the Equipment is expected to be delivered and installed,and the Vendor
fully paid,within one year of the Commencement Date
(c)Lessee has not created or established,and does not expect to create or establish,any sinking fund or other sunilar fund(i)that is reasonably expected to be used to pay the Rental
Payments,or(it)that may be used solely to prevent a default ui the payment of the Rental Payments
(d)The Equipment has not been and is not expected to be sold or otherwise disposed of by Lessee,either in whole or in major part,prior to the last maturity of the Rental Payments
(e)To the best of our knowledge,information and bebef the above expectations are reasonable
ARTICLE III
Section 3.01. Lease of Equipment Lessor hereby demises,leases and 11
ets the Equipment to Lessee,and lessee cents,leases and boos the Equipment from Lessor,in accordance with the
provisions of this Agreement,for the Lease Term The Original Term of thrs Agreement shall commence on the Commencement Date and shall terminate on the last day of Lessee's current fiscal
year The Lease Term maybe continued at the end of the Original Term or any Renewal Term for an additional Renewal Term up to the Maximum Lease Lease Term,provided,however,that at the end
of the Original Tenn and at the end of each Renewal Term until the Maxunum Lease Tenn has been completed,Lessee shall be deemed to have continued this Agreement for the next Renewal
Term unless Lessee shall have terminated this Agreement pursuant to Section 3 04 or Section 10 01 The terns and conditions during any Renewal Term shall be the same as the terms and
conditions during the Original Term,except that the Rental Payments shall be as provided in the Payment Schedule
Section 3.02. Termination of Lease Term The Lease Term shall terminate upon the earliest of any of the following events
(a)the expiration of the Original Term or any Renewal Term and the nonrenewal of this Agreement in the event of nonappropriation of funds pursuant to Section 3 04,
(b)the exercise by Lessee of the option to purchase the Equipment under)Article X and payment of the Purchase Price and all amounts payable in connection therewith,
Rev 04/2006 �i, -2-
D
Dip
(c)a default by Lessee and Lessor's election to terminate this Agreement under Article JQI,or _
(d)the payment by Lessee of all Rental Payments authorized or required to be paid by Lessee hereunder during the Maximum Lease Term
Section 3.03. Continuation of Lease Term Lessee currently intends,subject to Section 3 04,to continue the Lease Term through the Original Term and all of the Renewal Terms and to pay
the Rental Payments hereunder Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the Original Term and each of the Renewal
Terms can be obtained The responsible financial officer of Lessee shall do all things lawfully within his or her power to obtain and maintain funds from which the Rental Payments maybe made,
including making provision for such Rental Payments to the extent necessary in each proposed annual budget submitted for approval in accordance with applicable procedures of Lessee and to
exhaust all available reviews and appeals m the event such portion of the budget is not approved Notwithstanding the foregoing,the decision whether or not to budget or appropriate funds or to
extend this Agreement for any Renewal Term is solely within the discretion of the then current governing body of Lessee
Section 3.04. Nonappropriation Lessee is obligated only to pay such Rental Payments under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose
during Lessees then current fiscal year In the event sufficient funds shall not be appropriated or are not otherwise legally available to pay the Rental Payments required to be paid in the next
occurring Renewal Term,as set forth in the Payment Schedule,thus Agreement shall be deemed to be terminated at the end of the then current Original Term or Renewal Term Lessee agrees to
deliver written notice to Lessor of such termination at least 90 days prior to the end of the then current Original Term or Renewal Term,but failure to give such notice shall not extend the Lease
Term beyond such Original Term or Renewal Term If this Agreement is terminated in accordance with tlus Section,Lessee agrees,at Lessee's cost and expense,to peaceably deliver the
Equipment to Lessor at the location or locations specified by Lessor
ARTICLE IV
Section 4.01. Rental Payments Lessee shall pay Rental Payments,exclusively from legally available funds,in lawful money of the United States of America to Lessor on the dates and in
the amounts set forth on the Payment Schedule Any Rental Payment not received on or before its due date shall bear interest at the rate of 18%per annum or the maximum amount permitted by
law,whichever is less,from its due date Asset forth on the Payment Schedule,a portion of each Rental Payment is paid as,and represents payment of,interest
Section 4.02. Rental Payments to Constitute a Current Expense of Lessee The obligation of Lessee to pay Rental Payments hereunder shall constitute a current expense of Lessee,and do
not constitute a mandatory payment obligation of Lessee many fiscal year beyond the then current fiscal year of Lessee Lessee's obligation hereunder shall not many way be construed to be a
debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee,nor shall anything contained herein
constitute a pledge of the general credit, r ties, ds or eys o ss
Section 4.03. Rental Payments To ncond' 1. E PT P SE O 3.04,THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS AND
TO PERFORM AND OBSERVE TH R N G E S CON D HEREIN SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS
WITHOUT ABATEMENT,D O D DU O S O DE O REASON,INCLUDING WITHOUT LIMITATION ANY FAILURE OF THE
EQUIPMENT TO BE DELIVERED OR INSTALLED,ANY DEFECTS,MALFUNCTIONS,BREAKDOWNS OR INFIRMITIES IN THE EQUIPMENT OR ANY ACCIDENT,
CONDEMNATION OR UNFORESEEN CIRCUMSTANCES.
TIC V
Section 5.01. Delivery,InstallationDv
01.,
wpmept ssee or ui ent, a th uipro t to be delivered and installed at the location specified on the
front of this Agreement and pay any anry m ho ent as b ehvered and installed,Lessee shall immediately accept the
Equipment and evidence said acceptance by executing and delivering to Lessor an acceptance certificate acceptable to Lessor After it has been installed,the Equipment will not be moved from
the location specified on the front of this Agreement without Lessor's consent,which consent shall not be unreasonably withheld
Section 5.02. Enjoyment of Equipment Lessee shall peaceably and quietly have and hold and enjoy the Equipment during the Lease Term,without suit,trouble or hindrance from Lessor,
except as otherwise expressly set forth in this Agreement
Section 5.03. Right of Inspection Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property of Lessee for the purpose of inspecting
the Equipment
Section 5.04. Use and Maintenance of the Equipment Lessee will not install,use,operate or maintain the Equipment improperly,carelessly,in violation of any applicable law or in a
manner contrary to that contemplated by this Agreement Lessee shall obtain all permits and licenses,if any,necessary for the installation and operation of the Equipment In addition,Lessee
shall comply in all respects with all applicable laws,regulations and rulings of any legislative,executive,administrative orludictal body,provided that Lessee may contest in good faith the validity ,
or application of any such law,regulation or Wiling in any reasonable manner that does not,in the opinion of Lessor,adversely affect the interest of Lessor in and to the Equipment or its interest or
rights under this Agreement Lessee agrees that it will,at Lessee's own cost and expense,maintain,preserve and keep the Equipment in good repair,working order and condition If requested to
do so by Lessor,Lessee will enter into a maintenance contract for the Equipment with Vendor LESSOR SHALL HAVE NO RESPONSIBILITY TO SERVICE,MAINTAIN,REPAIR OR
MAKE IMPROVEMENTS OR ADDITIONS TO THE EQUIPMENT LESSEE SHALL MAKE ALL CLAIMS FOR SERVICE OR MAINTENANCE SOLELY TO THE VENDOR AND
SUCH CLAIMS WILL NOT AFFECT LESSEE'S OBLIGATION TO MAKE ALL REQUIRED RENTAL PAYMENTS
ARTICLE VI
Section 6.01. Title to the Equipment During the Lease Term,title to the Equipment shall vest in Lessee,subject to the rights of Lessor under this Agreement,provided that title shall
thereafter immediately and without any action by Lessee vest in Lessor,and Lessee shall immediately surrender possession of the Equipment to Lessor upon(a)any termination of this Agreement
other than termination pursuant to Section 10 01,or(b)the occurrence of an Event of Default It is the intent of the parties hereto that any transfer of title to Lessor pursuant to this Section shall
occur automatically without the necessity of any bill of sale,certificate of title or other instrument of conveyance Lessee shall,nevertheless,execute and deliver any such instruments as Lessor
may request to evidence such transfer Lessee irrevocably designates,makes,constitutes and appoints Lessor and its assignee as Lessee's true and lawful attorney(and agent in-fact)with power,at
such time of termination or times thereafter as Lessor in its sole and absolute discretion may determine,in Lessee's or Lessor's or such assignee's name,to endorse the name of Lessee upon any bill
of sale,document,instrument,invoice,freight bill,bill of lading or similar document relating to the Equipment in order to vest title in Lessor and transfer possession to Lessor
Section 6.02. Security Interest To secure the payment of all of Lessee's obligations under this Agreement,Lessor retains a security interest constituting a first hen on the Equipment and
proceeds therefrom Lessee agrees to execute such additional documents,in form satisfactory to Lessor,that Lessor deems necessary or appropriate to establish and maintain its security interest
Lessee agrees that financing statements may be Sled with respect to the security interest in the Equipment
Section 6.03. Personal Property Lessor and Lessee agree that the Equipment is and will remain personal property The Equipment will not be deemed to be affixed to or a part of the real
estate on which it may be situated,notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to such real estate or any
bwldmg thereon Upon the request of Lessor,Lessee will,at Lessee's expense,furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or
building
ARTICLE VII
Section 7.01. Liens,Taxes,Other Governmental Charges and Utility Charges Lessee shall keep the Equipment free and clear of all liens,charges and encumbrances,except those created ,
under this Agreement The parties to this Agreement contemplate that the Equipment will be used for a governmental or proprietary purpose of Lessee and,therefore,that the Equipment will be
exempt from all taxes and other similar charges If the use,possession or acquisition of the Equipment is found to be subject to taxation many form,Lessee will pay all taxes and governmental
charges lawfully assessed or levied against or with respect to the Equipment Lessee shall pay all utility and other charges incurred in the use and maintenance of the Equipment Lessee shall pay
such taxes and charges as the same become due;provided that,with respect to any such taxes and charges that may lawfully be paid in installments over a penod of years,Lessee shall be obligated
to pay only such installments that accrue during the Lease Term
Section 7.02. Insurance At its own expense,Lessee shall maintain(a)casualty insurance mining the Equipment against loss or damage by fire and all other risks covered by the standard
extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Price of the Equipment,(b)
liability insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor,and(c)workers'compensation coverage as required by the laws of the State,provided
that,with Lessor's prior written consent,Lessee may self-insure against the risks described in clauses(a)and(b) All insurance proceeds from casualty losses shall be payable as hereinafter
provided Lessee shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term All such casualty and liability insurance shall be with insurers that are acceptable to
Lessor,shall name Lessor as a loss payee and an additional insured,respectively,and shall contain a provision to the effect that such insurance shall not be cancelled or modified materially
without first giving written notice thereof to Lessor at least ten days in advance of such cancellation or modificabon All such casualty insurance shall contain a provision making any losses
payable to Lessee and Lessor,as their respective interests may appear
Section 7.03. Advances In the event Lessee shall fail to either maintain the insurance required by this Agreement,pay the taxes or charges required to be paid by it under ties Agreement or
keep the Equipment in good repair and working order,Lessor may,but shall be under no obligation to,purchase the required policies of insurance and pay the cost of the premuums thereof,pay
such taxes and charges and maintain and repair the Equipment and pay the cost thereof All amounts so advanced by Lessor shall become additional rent for the then current Original Term or
Renewal Term. Lessee agrees to pay such amounts with interest thereon from the date paid at the rate of 12%per annum or the maximum permitted by law,whichever is less
Section 7.04. Financial Information Lessee will annually provide Lessor with current financial statements,budgets,proofs of appropriation for the ensuing fiscal year and such other
financial information relating to the ability of Lessee to continue this Agreement as may be requested by Lessor
Rev 04/2006 -3-
A F 'T,
Section 12.02. Remedies on Default Whenever any Event of Default exists,Lessor shall have the right,at its sole option without any further demand or notice,to take one or any
combination of the following remedial steps
(a)By written notice to Lessee,Lessor may declare all Rental Payments and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term to be
due,
(b)With or without terminating this Agreement,Lessor may enter the premises where the Equipment is located and retake possession of the Equipment or require Lessee at Lessee's expense
to promptly return any or all of the Equipment to the possession of Lessor'at a place specified by Lessor,and sell or lease the Equipment or,for the account of Lessee,sublease the Equipment,
holding Lessee liable for the difference between(i)the Rental Payments and other amounts payable by Lessee hereunder plus the then applicable Purchase Price,and(u)the net proceeds of any
such sale,lease or sublease(after deducting all expenses of Lessor in exercising its remedies under this Agreement,including without limitation,all expenses of taking possession,storing,
reconditioning and selling or leasing the Equipment and all brokerage,auctioneers'and attorneys'fees),provided that the amount of Lessee's liability under this subparagraph(b)shall not
exceed the Rental Payments and other amounts otherwise due hereunder plus the remaining Rental Payments and other amounts payable by Lessee hereunder to the end of the then current
fiscal year of Lessee,and
(c)Lessor may take whatever other action at law or in equity may appear necessary or desirable to enforce its rights as the owner of the Equipment
In addition,Lessee will remain liable for all covenants and indemnities under this Agreement and for all legal fees and other costs and expenses,including court costs,incurred by Lessor with
respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor Lessor may charge interest on all amounts due to it at the rate of 18%per annum or the
maximum amount permitted by law,whichever is less
Section 12,01, No Remedy E:clusrve No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition
to every other remedy given under this Agreement or now or hereafter existing at law or in equity No delay or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof,but any such right and power may be exercised from time to time and as often as may be deemed expedient In order to entitle
Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice,other than such notice as may be required in this Article
ARTICLE XHI
Section 13.01. Notices All notices,ce ates or ther c mmumcation hereunder sh be s iciently given and shall be deemed given when delivered or maded by registered mail,postage
prepaid to the parties at the addresses o e nt of Agree t(or u th ss as ei r p hereto shall designate m writing to the other for notices to such party),to any assignee
at its address as it appears on the registraNgjre
s ed s
Section 13.02. Binding Effect This ore o t o d sh bin po ssor and Lessee and their respective successors and assigns
Section 13,03. Sever�ability In the0" s gc on hall b nforceable by any court of competent junsdiction,such holding shall not invalidate or
render unenforceable any other provision hereof
Section 13.04. Entire Agreement This Agreement constitutes the entire agreement between Lessor and Lessee
Section 13.05. Amendments This en t may ended Less
Section 13.06. Execution in Counte arts gree nt ay be taneo ly cute sev co t of hic shall be an original and all of which shall constitute but
one and the same instrument
Section 13.07. Usury. The parties h to a t the in thi A eeme sh of on of us 0 er la Any such excess charge shall be applied in such order as to
conform this Agreement to such apphca
Section 13.08. Jury Trial Waiver. TO THE EXTENT PERMITTED BY LAW,LESSEE AGREES TO WAIVE ITS RIGHT TO A TRIAL BY JURY.
Section 13.09. Facsimile Documentation. Lessee agrees that a facsimile copy of this Agreement with facsimile signatures may be treated as an original and will be admissible as evidence of
this Agreement.
Section 13.10. Captions The captions or headings in this Agreement are for convenience only and in noway define,limit or describe the scope or intent of any provisions or sections of this
Agreement
Section 13.11. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State
I
Rev 04/2006 -5-
D1D
Section 7.05. Release and Indemnification To the extent rrmtted b law,Lessee shall indemnify,protect and hold harmless Lessor from and against any and A.F.Ins,
Pe Y
losses,claims and damages whatsoever,regardless of cause thereof,and expenses in connection therewith(including,without limitation,counsel fees and expenses and any federal income tax and
interest and penalties connected therewith imposed on interest received) arising out of or as the result of(a)the entering into tlus Agreement,(b)the ownership of any item of the Equipment,
(c)the manufacturing,ordering,acquisition,use,operation,condition,purchase,delivery,rejection,storage or return of any item of the Equipment,(d)any accident in connection with the
operation,use,condition,possession,storage or return of any item of the Equipment resulting in damage to property or injury or death to any person or(e)the breach of any covenant herem or any
material misrepresentation contained herem The mdemnification arising under this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations under this
Agreement or the termination of the Lease Tenn for any reason
ARTICLE VIII
Section 8.01. Risk of Loss Lessee assumes,from and including the Commencement Date,all risk of loss of or damage to the Equipment from any cause whatsoever No such loss of or
damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Rental Payments or to perform any other obligation under this
Agreement
Section 8.02. Damage,Destruction and Condemnation If(a)the Equipment or any portion thereof is destroyed,in whole or in part,or is damaged by fire or other casualty,or(b)title to,or
the temporary use of;the Equipment or any part thereof or the interest of Lessee or Lessor in the Equipment or any part thereof shall be taken under the exercise of the power of emment domain by
any governmental body or by any person,firm or corporation acting under governmental authority,Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award
to be applied to the prompt replacement,repair,restoration,modification or improvement of the Equipment,unless Lessee shall have exercised its option to purchase the Equipment pursuant to
Section 10 01 Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee
Section 8.03. Insufficiency of Net Proceeds If the Net Proceeds are insufficient to pay in full the cost of any repair,restoration,modification or improvement referred to in Section 8 01,
Lessee shall either(a)complete such replacement,repair,restoration,modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds,or(b)purchase Lessor's
interest in the Equipment pursuant to Section 10 01 The amount of the Net Proceeds,if any,remaining after completing such repair,restoration,modification or improvement or after purchasing
the Equipment shall be retained by Lessee If Lessee shall make any payments pursuant to this Section,Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be
entitled to any diminution of the amounts payable under Article IV
TIC IX
Section 9.01. Disclaimer of Warra 'es. S S REP E ATION,EXPRESS OR IMPLIED,AS TO THE VALUE,DESIGN,CONDITION,
6MERCHANTABILITY OR FITNES P TI OS MENT OR AGAINST INFRINGEMENT,OR ANY OTHER WARRANTY OR
REPRESENTATION WITH RESPECT THERETO. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY ACTUAL, INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EXISTENCE,FURNISHING,FUNCTIONING OR LESSEE'S
USE OR MAINTENANCE OF ANY ENT ERVI IN T
Section 9.02. Vendor's Warranties ss ve der a mract vid mg urc e o th mp e ,L see is advised to contact the Vendor for a description of any
such rights Lessor hereby assigns to Les d Lease all w es g V r t r s h eby vocably appoints Lessee its agent and attorney-m-fact during
the Lease Term,so long as Lessee shall be e t her to as rt m to ver aims ngh clu without lmutation warranties)related to the Equipment that
Lessor may have against the Vendor le re r the of rese do be against the Vendor,and not against Lessor Any such
matter shall not have any effect whatsoever on the tights and obligations of Lessor with respect to this Agreement,including the tight to receive full and timely payments hereunder Lessee
expressly acknowledges that Lessor makes,and has made,no representations or warranties whatsoever as to the existence or availability of such warranties by any Vendor
ARTICLE X
Section 10.01. Purchase Option Lessee shall have the option to purchase Lessor's interest in all(but not less than all)of the Equipment,upon giving written notice to Lessor at least 60(but
not more than 180)days before the date of purchase,at the following times and upon the following terms
(a)On any Rental Payment Date,upon payment in full of the Rental Payments and all other amounts then due hereunder plus the then applicable Purchase Price to Lessor,or
(b)In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment,on the day Lessee specifies as the purchase date in Lessee's notice to Lessor of
its exercise of the purchase option,upon payment in full of the Rental Payments and all other amounts then due hereunder plus(i)the Purchase Price designated on the Payment Schedule for
such purchase date if such purchase date is a Rental Payment Date or the Purchase Price for the immediately preceding Rental Payment Date if such purchase date is not a Rental Payment Date,
and(h)if such day is not a Rental Payment Date,an amount equal to the portion of the interest component of the Rental Payment scheduled to come due on the following Rental Payment Date
accrued from the immediately preceding Rental Payment Date to such purchase date,computed on the basis of a 360-day year of twelve 30-day months
Upon the exercise of the option to purchase set forth above,title to the Equipment shall be vested in Lessee,free and clear of any claim by or through Lessor
Section 10.02. Determination of Fair Purchase Price Lessee and Lessor hereby agree and determine that the Rental Payments hereunder during the Original Term and each Renewal Term
represent the fair value of the use of the Equipment and that the amount required to exercise Lessee's option to purchase the Equipment pursuant to Section 10 01 represents,as of the end of the
Original Term or any Renewal Term,the fair purchase price of the Equipment Lessee hereby determines that the Rental Payments do not exceed a reasonable amount so as to place Lessee under
a practical economic compulsion to renew this Agreement or to exercise its option to purchase the Equipment hereunder In making such determinations,Lessee and Lessor have given
consideration to(a)the costs of the Equipment,(b)the uses and purposes for which the Equipment will be employed by Lessee,(c)the benefit to Lessee by reason of the acquisition and
installation of the Equipment and the use of the Equipment pursuant to the terms and provisions of this Agreement,and(d)Lessee's option to purchase the Equipment
ARTICLE XI
Section 11.01. Assignment by Lessor Lessor's interest in,to and under this Agreement and the Equipment may,without notice to or the consent of Lessee,be assigned and reassigned in
whole or in part to one or more assignees by Lessor Lessee hereby appoints Municipal Registrar Services(the"Registrar")as its agent for the purpose of maintaining a wntten record of each
such assignment in form necessary to comply with Section 149(a)of the Code No such assignment shall be binding on Lessee until the Registrar has received written notice from Lessor of the
name and address of the assignee Lessee agrees to execute all documents,including chattel mortgages or financing statements that maybe reasonably requested by Lessor or any assignee to
protect its interest in the Equipment and in this Agreement Lessee shall not have the tight to and shall not assert against any assignee any claim,counterclaim,defense,set-off or other tight
Lessee may from time to time have against Lessor
Section 11.02. Assignment and Subleasing by Lessee. None of Lessee's tight,title and interest in,to and under this Agreement and in the Equipment may be assigned or encumbered by
Lessee for any reason,except that Lessee may sublease all or part of the Equipment if Lessee obtains the prior written consent of Lessor and an opinion of nationally recognized counsel in the area
of tax exempt municipal obligations satisfactory to Lessor that such subleasing will not adversely affect the exclusion of the interest components of the Rental Payments from gross income for
federal income tax purposes Any such sublease of all or part of the Equipment shall be subject to this Agreement and the tights of the Lessor to,to and under this Agreement and the Equipment
ARTICLE XII
Section 12.01. Events of Default Defined Subject to the provisions of Section 3 04,any of the following shall be"Events of Default"under this Agreement
(a)Failure by Lessee to pay any Rental Payment or other payment required to be paid hereunder at the time specified herem,
(b)Failure by Lessee to observe and perform any covenant,condition or agreement on its part to be observed or performed,other than as referred to in Section 12 01(a),for a period of 30
days after written notice,specifying such failure and requesting that it be remedied,is given to Lessee by Lessor,unless Lessor shall agree in writing to an extension of such time pnor to its
expiration,provided,however,of the failure stated in the notice cannot be corrected within the applicable period,Lessor will not unreasonably withhold its consent to an extension of such time
if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected,
(c)Any statement,representation or warranty made by Lessee in or pursuant to this Agreement or its execution,delivery or performance shall prove to have been false,incorrect,misleadmg
or breached in any material respect on the date when made,
(d)Any provision of this Agreement shall at any time for any reason cease to be valid and binding on Lessee,or shall be declared to be null and void,or the validity or enforceability thereof
shall be contested by Lessee or any governmental agency or authority if the loss of such provision would materially adversely affect the rights or security of Lessor,or Lessee shall deny that it
has any further Lability or obligation under this Agreement,
(e)Lessee shall(i)apply for or consent to the appointment of a receiver,trustee,custodian or liquidator of Lessee,or of all or a substantial part of the assets of Lessee,(u)be unable,fail or
admit in writing its inability generally to pay its debts as they become due,(inn)make a general assignment for the benefit of creditors,(rv)have an order for relief entered against nit under
applicable federal bankruptcy law,or(v)file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any
insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy,reorganization or insolvency proceedmg,or '
(f)An order,judgment or decree shall be entered by any court of competent jurisdiction,approving a petition or appointing a receiver,trustee,custodian or hguidator of Lessee or of all or a
substantial part of the assets of Lessee,in each case without its application,approval or consent,and such order,judgment or decree shall continue unstayed and in effect for any period of 30
consecutive days
Rev 04/2006 -4-
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� n
ACCEPTANCE CERTIFICATE
De Lage Landen Public Finance LLC
2600 Grand Avenue, Suite 380
Kansas City,MO 64108
Ladies and Gentlemen:
Re: Equipment Lease Purchase Agreement dated as of between De Lage Landen
IPublic Finance LLC as Lessor, and , as Lessee.
In accordance with the Equipment((Lease Purchase Agreement (the "Agreement"), the undersigned Lessee
hereby certifies and represents to,and agrees)with Lessor as follows:
Mht
(1) All of the q pme (as VTin Feement)has been delivered, installed and
accepted on the date hereof.
(2) Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and
appropriate and hereby acknowledges that it lacce is the Equipment for all oses.
(3) Lessee is urr m ining UeSMOV d Section 7.02 of the
Agreement.
(4) No event or condition that constitutes,or with notice or lapse of time,or both,would constitute, an
Event of Default(as defined in the Agreement)exists at the date hereof.
Date:
LESSEE
i
By
Title:
[SEAL]
I
i
I
Rev 04/2006
- p
a �
EXHIBIT A TO EQUIPMENT LEASE PURCHASE AGREEMENT
PAYMENT SCHEDULE
Rental Payment Rental Payment Interest Principal Purchase ,
Number Amount Portion Portion Price
SAMPLE
DOCUMENT
�f
Rev 04/20M
TAX DESIGNATIONS AND COVENANTS D n�
W
1. The covenants and designations hereinafter set forth are intended to be, and hereby are, incorporated into
�
the Equipment Lease Purchase Agreement, dated 20_ (the "Agreement"), between De Lage
Landen Public Finance LLC("Lessor")and ("Lessee"), and except as otherwise defined
herein, all terms defined in the Agreement shall have the same meaning herein as in the Agreement. The
Commencement Date of the Agreement is or will be in the calendar year 20(the"Issuance Year").
i
2. Bank Qualification. [Lessee initial here if this provision is applicable.
[Lessee initial here if this provision is NOT applicable:
(a) Lessee hereby designates the Agreement as a "qualified tax-exempt obligation' as defined in Section
265(b)(3)(B) of the Code. The aggregate face amount of all tax-exempt obligations (excluding private activity
bonds other than qualified 501(c)(3) bonds) issued or to be issued by Lessee and all subordinate entities thereof
during the Issuance Year is not reasonably expected to exceed$10,000,000.
(b) Lessee hereby co is Le ' e rdinat tities thereof will not issue in excess of
$10,000,000 of qualified to ex o a p i lu ' g A e e but excluding private activity bonds other
than qualified 501(c)(3)bon s during e s uance ear wit out first o taining an opinion of nationally recognized
counsel in the area of tax-exempt municipal obligations acceptable to Lessor that the designation of the Agreement
as a"qualified tax-exempt o .. n" 1 o e v sel ted.
_ _ _ N
E T
3. Small Issue Arbitra a p'
[Lessee initial here if this provision is applicable.
if[Lessee initial here this provision is NOT applicable: J
(a) Lessee represents and warrants that lit is a governmental unit under the laws of the State with general taxing
powers;the Agreement is not a private activity bond as defined in Section 141 of the Code; 95%or more of the net
proceeds of the Agreement will be used for local governmental activities of Lessee; and the aggregate face amount
of all tax-exempt obligations (other than private activity bonds) issued by the Lessee and all subordinate entities
thereof during the Issuance Year is not reasonably expected to exceed$5,000,000.
(b) Lessee hereby covenants that Lessee and all subordinate entities thereof will not issue in excess of
$5,000,000 of tax-exempt bonds(including the Agreement but excluding private activity bonds) during the Issuance
Year without first obtaining an opinion of nationally recognized counsel in the area of tax-exempt municipal
obligations acceptable to Lessor that the excludability of the interest on the Agreement from gross income for
federal tax purposes will not be adversely affected.
Dated:
LESSEE
[SEAL]
� By:
ATTEST: Title:
�I
Title:
CERTIFICATE OF CLERK OR SECRETARY OF LESSEE
1, the undersigned, do hereby certify that (i) the foregoing Tax Designations and Covenants were adopted
and approved by action of the governing body of Lessee at a meeting duly called, regularly convened and attended
throughout by the requisite majority of the members thereof, (ii) the officer of Lessee who executed the foregoing
Tax Designation and Covenants on behalf of Lessee and whose genuine signature appears thereon is the duly
qualified and acting officer of Lessee as stated beneath his or her signature,and(iii)said officer has been authorized
to execute the foregoing Tax Designations and Covenants on behalf of Lessee.
Dated:
Title:
Rev 04/2006
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ADDENDUM FOR MULTI-FUCNTION DEVICES AND SERVICE
This agreement entered into this day of ,2007 by and between The City of
Kent and Ricoh Americas Corporation,d/b/a Ricoh Business Solutions("the Vendor").The parties
hereby agree to amend the Agreement as follows. In case of conflict between the Agreement and the
terms of this Addendum,the terms of this Addendum shall prevail.
1. Equipment. On or before March 28th, the Vendor shall provide and install, and The City of '
Kent shall accept a mutually agreed upon number of Ricoh Aficio copiers, which shall be
installed in the locations specified by The City of Kent.
2. Customer Service Representative(CSR).Ricoh shall provide a dedicated person to physically ,
monitor and maintain all copiers at optimum operating condition.The City of Kent will be
responsible for collecting and submitting meter readings from each copier on a monthly basis
for invoicing purposes(whether remotely or physically retrieved).
3. Supplies. Toner and staples are included in the maintenance and supplies cost.On an as needed
and/or as requested basis,The Vendor will ship a sufficient supply of toner for each copier
upon installation.Any subsequent orders will be placed by The City of Kent personnel.Each
copier location will be responsible for requisitioning supplies from the Vendor for delivery.
Vendor shall not cause a"stock-out"situation due to backorder of supplies. There will be no
charge for the shipping of supplies,unless City of Kent requests an order of supplies to be
overnighted.
4. Training.The Vendor shall provide initial user training at each copier location and refresher
training as needed and upon request.
5. Uptime Performance. The Vendor guarantees 98%Quarterly uptime average for the fleet.
""Equipment Downtime"is defined as either:(i)a copying system which fails to produce a
copy when the start button is depressed,(ii)a scanner which does not accept or transmit a
scanned file back to Ricoh-designated personal computer and software,(iii)a facsimile system
which cannot transmit or receive facsimiles,(iv)a printer which fails to print a standard Ricoh-
provided print file from a stand-alone personal computer,or(v)a multifunctional peripheral
(MFP)which cannot perform one or more of its functions according to the definitions above.
6. Replacement of Equipment: If Ricoh is unable to complete the repair of an item of
equipment within eight business hours after City of Kent has made an initial response for
remedial maintenance,a loaner unit will be provided at no additional charge until the unit
has been repaired or if remedial maintenance is required for an item of equipment on
more than 3 occasions for a similar issue during an thirty(30)day period,then Ricoh will
replace the equipment(or the inoperative portion thereof)with a substitute of equal or
better quality.
7. Loaner Equipment.Free loaner of equipment("Loaners")in the unusual circumstance where
City of Kent's equipment is expected to be out of service for more than eight(8)continuous
normal business hours.* (M-F 8:00 AM-5:00 PM)"The equipment must be continuously
covered by a Ricoh authorized service agreement or program.
8. Equipment Relocation:When requested,the Vendor agrees to relocate any copier within The
City of Kent to its new location at no additional cost to The City of Kent.
D �
9. Response Time. The Vendor's technician will acknowledge service calls to the requesting
location within 1 hour after the service call is placed.At that time,the technician shall
provide the requestor with an estimated time of arrival(ETA)or possible phone repair. The
technician shall arrive on-site within an average of four(4)business hours.
10. Billing. The Vendor will be the Sole billing agent under this Agreement and billings for
equipment lease and per-copy costs will be consolidated into a consolidated invoice.
11. Equipment Performance Review. The Vendor shall review with The City of Kent,on a
quarterly basis, all service history information regarding the performance of all copiers
under this Agreement.If possible,quarterly service calls report will be provided to The
City of Kent electronically.
12. Terms and Termination. This Agreement(including Addendum)shall be effective
immediately upon execution by both parties hereto and upon delivery and acceptance of
equipment installation. Should the Vendor fail to meet the performance guarantees stated in
this Addendum,The City of Kent shall notify the Vendor in writing of the specific non-
compliance.The non-compliance shall be corrected within 30days or the service contract
may be terminated with no penalty to The City of Kent.
13. Penalty.Ricoh Business Solutions guarantees a four-hour average response time for all
iservice concerns between the business hours of 8:00 AM to 5:00 PM(Monday through
■ Friday, excluding holidays)Avellrages will be measured on a quarterly basis.Liquated
damages for failure to meet the average four normal business hour response time,(M-F 8:00
AM- 5:00 PM),will be applied at$195 per machine that fails to meet the quarterly average.
The amount shall be credited onl the next invoice.
14. Severability.If any provision of this Agreement or its application is held invalid,the
remainder of the Agreement or of
the application of the remainder of the Agreement shall
not be affected.
�I
City of Kent Representative Ricoh Business Solutions Representative
Signature: Signature:
Name: Name:
Title: Title:
I'
�I
ORDER AGREEMENT Ricoh Business Solutions
R r CO H This Ricoh Business Solutions Order Agreement covers transaction(s)below and incorporates the
terms and conditions on the reverse side of the customer copy and other documents referenced below
Outright Purchase E] Lease 0 Maintenance/Kit Re lonal Market Place
IPAC-NORTH
Installation Name Bill to Name
no fqn a
Street Address Street Address I.-IF UU Li U U U
City/State/Zip CkAtatelZip
Contact Phone No. Contact Phone No.
Description Product QuantityUnit Measure Total Price
Number
MAINTENANCE
COPIER-Terms of Contract
months INTIAL
Effective-to
Supplies included *Elyes E]No
Price Annually
0 Monthly [:]Quarterly[:]Annually
Overage @
Monthly E]Quarterly[]Annually
Paper and Staples are not included.
TAX EXEM
NONE #
TOTAL $0.00 tract Name:
Term
Model Serial Number ID'Number Start Motor Start Date (Months) Copy Allowance Excess Motor Charge
Q Remote Access Network Support Trade-In
I agree to have this activated i -nAL lagree to additional support Make NONE Serial Number
I decline at this time (= I decline at this time Model Serial Number
AddMontal Provisions:
Maintenance $0.00 INTIAL
Total Sale $0.00 lNT[jAj Ricoh Business Solutions Representative
Sales Tax John Sandvick
Name ease print)
Fralght/InstAllation/
Connection market Place: Washington (Pac-North)
TOW
Less Deposit I DATE
TOW Due $0.00 NO OTHER VERBAL OR WRITTEN COMMITMENTS WERE MADE TO ME OTHER THAN WHAT IS ON THIS CONTRACT
Name(Please print) Signature
Phone Title Date
R98ft-OM.0
RICOH D nd
ORDER AGREEMENT iu Y
GENERAL TERMS AND CONDITIONS
1. Orders. Customer may acquire the products or services from Ricoh by executing and delivering to Ricoh an Order Form for acceptance.If Customer has elected to execute a
Lease Agreement,Customer shall be deemed to have assigned Its right to purchase the Equipment to a third party Lessor and to enter Into the Lease Agreement with such Lessor.
These General Terris and Conditions shall be incorporated by reference Into any Order Form,Lease Agreement or Maintenance Agreement;provided,however,that,in the event
of any conflict between the terms of the Lease Agreement and these General Terms and Conditions,the terms of the Lease Agreement shall control.
2. Pricing and Charges/Payment Ternts. Pricing for Maintenance Services maybe adjusted by Ricoh on or after each one-year anniversary of the effective date of the
Maintenance Agreement Unless otherwise specified In any Order Forme,payment to Ricoh for products shall be net thirty(30)days from date of Invoice. Customer shall pay Ricoh
Interest on any past due payment at the highest rate permitted by applicable law,not to exceed 1.5%per month.
3. Taxes. Customer shall pay all sales and use taxes,personal property taxes and all other taxes and charges relating to the purchase,ownership,delivery,lease,possession or
use of the Equipment or the provision of Maintenance Services,with the exception of any taxes on or measured by Ricoh's and/or Lessor's net Income.
4. Limited Warranties. Ricoh warrants to Customer that Maintenance Services shall be performed by Ricoh In accordance with Industry standards. Ricoh further warrants that,at
the time of delivery and for a period of ninety(90)days thereafter the Equipment will be In good working order and will be free from any defects In material and workmanship.
Ricoh's obligations under this warranty are limited solely to the repair or replacement(at Ricoh's option)of parts proven to be defective upon inspection.The foregoing warranty
shall not apply(a)If the Equipment is Installed,wired,modified,altered,moved or serviced by anyone other than Ricoh,or,(b)If the Equipment is installed,stored and utilized
and/or maintained In a manner not consistent with Ricoh specifications or(c)If a defective or Improper non-Rlcoh accessory or supply or part Is attached to or used In the
Equipment,or (d)If the Equipment Is relocated to any place where Ricoh services are not available. CUSTOMER ACKNOWLEDGES THAT THE LIMITED WARRANTY
CONTAINED HEREIN DOES NOT ASSURE UNINTERRUPTED OPERATION AND USE OF THE EQUIPMENT.
THE FOREGOING LIMITED WARRANTIES DO NOT APPLY TO CONSUMABLE PARTS INCLUDING,BUT NOT LIMITED TO DRUMS,CLEANING BRUSHES,FILTERS,HEAT
AND OILER TUBES,PRESSURE PADS,LAMPS LENSES,FUSES,PAPER AND TONER. THE WARRANTIES EXPRESSED HEREIN ARE EXCLUSIVE AND RICOH HEREBY
DISCLAIMS ANY AND ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
5. Limitation of Liability. RICOH SHALL HAVE NO LIABILITY TO CUSTOMER (OR TO ANY PERSON OR ENTITY CLAIMING THROUGH CUSTOMER)FOR LOST PROFITS,
LOSS OF REVENUE,OR FOR SPECIAL,INCIDENTAL,INDIRECT,CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY MANNER CONNECTED
WITH ANY ORDER FORM,LEASE AGREEMENT OR MAINTENANCE AGREEMENT,OR THE SUBJECT MATTER HEREOF OR THEREOF,REGARDLESS OF THE FORM OF
ACTION AND WHETHER OR NOT RICOH HAS BEEN INFORMED OF,OR OTHERWISE MIGHT HAVE ANTICIPATED,THE POSSIBILITY OF SUCH DAMAGES;PROVIDED,
HOWEVER,THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 5 SHALL NOT APPLY TO DAMAGES RESULTING FROM THE WILLFUL MISCONDUCT OF
RICOH OR ITS PERSONNEL. IN NO EVENT SHALL ANY LIABILITY OF RICOH TO CUSTOMER EXCEED THE AMOUNT PAID BY CUSTOMER TO RICOH PURSUANT TO
ANY ORDER FORM,LEASE AGREEMENT OR MAINTENANCE AGREEMENT,AS APPLICABLE.
6. Governing Law. These General Terns and Conditions and the Maintenance Terms and Conditions below shall be construed In accordance with and governed by the
substantive Is"of the State of New Jersey,without regard to Its conflicts of laws principles.
7. Entire Agreement. These General Terns and Conditions and the Mairrtenance Terns and Conditions below constitute the entire agreement between the parties and
supersede all proposals,oral or written,and all other communications between the parties in relation to the Equipment Customer agrees and acknowledges that It has not railed on
any representation,warranty or provision not explicitly contained In these General Terms and Conditions and any Order Form,Lease Agreement and/or Maintenance Agreement,
whether In writing,electronically communicated or In oral form.Any and all representations,promises,warranties,or statements by any Ricoh agent,employee or representative
that differ In any way iron the terms of these General Terns and Conditions and any Order Form,Lease Agreement and/or Maintenance Agreement shall be given no force or
effect.
MAINTENANCE TERMS AND CONDITIONS
1. Maintenance Service. Ricoh agrees to provide to Customer,during Ricoh's normal business tours,the maintenance service necessary to keep the Equipment In,or restore the
Equipment to,good working order In accordance with Ricoh's poNdes then in effect. This maintenance service Includes maintenance based upon the specific needs of Individual
Equipment, as determined by Ricoh, and unscheduled, on-call remedial maintenance. For each unscheduled service call requested by the Customer, Ricoh shall have a
reasonable time within which to respond.Maintenance will include lubdCatIon,adjustments,and replacement of maintenance parts deemed necessary by Ricoh. Maintenance parts
will be furnished on an exchange basis,and the replaced parts become the property of Ricoh. Maintenance service provided under this Agreement does not assure uninterrupted
operation of the Equipment. If available, maintenance service requested and performed outside Ricoh's normal business hours will be charged to the Customer at Ricoh's
applicable time and material rates and terms then In effect,unless Ricoh and Customer have a written agreement providing for after-hours maintenance service.This Agreement
does not cover charges for Installation of equipment or deanstallation,of equipment If it Is moved.For purposes of these Maintenance Terns and Conditions,Equipment excludes
any software and documentation described on the Order Forth and/or incorporated or Integrated In the Equipment.
2. Exclusions To Maintenance Service. Maintenance service provided by Ricoh under this Agreement does not Include:(a)Repair of damage or Increase in service time caused
by failure of Customer to provide continually a suitable Installation en ronment with all tadllties prescribed by Ricoh,Including,but not limited to,the failure to provide,or the failure
of,adequate electrical power,air-conditioning,or humidkycontrol;(b)Repair of damage or increase in service time caused by. accident disaster,which shall Include but not to be
limited to fire,flood,water,wind,and lighting;transportation;neglect;power transients;abuse or misuse;failure of the Customer to follow Ricoh's published operating instructions;
and unauthorized modifications or repair of Equipment by persons otter than authorized representatives of Ricoh;(c)Repair of damage or Increase in service time caused by use
of the Equipment for purposes other than those for which designed;(d)Replacement of parts which are consumed In normal Equipment operation,unless specifically Included;(a)
Furnishing supplies or accessories, painting or reflnishhmg the Equipment or fumishing the material therefor,Inspecting altered Equipment,performing services connected with
relocation of Equipment or adding or removing accessories,attachments or other devices;(f)Repair of damage,replacement of parts(due to other than normal wear)or repetitive
service calls caused by use of Incompatible supplies; (g) Complete unit replacement or refurbishment of the Equipment; (h) Electrical work external to the Equipment or
maintenance of accessories,attachments,or other devices not furnished by Ricoh;(1)Increase in service time caused by Customer denial of full and free access to the Equipment
or denial of departure from Customer's site. The foregoing excluded items,If performed by Ricoh,will be charged to Customer at Ricoh's applicable time and material rates then In
effect.
3. Invoicing. Charges for maintenance service hereunder will consist of a Basic Maintenance Charge,any applicable zone charge,and,if applicable,Meter Charges as stated
below In this Agreement in addition,Customer shall be responsible for paying all shipping and handling charges for toner,even If this Agreement is a toner Inclusive contract as set
forth on the Ricoh Order Form,in accordance with the terms stated on the Invoice.The Basic Maintenance Charge may be Invoked In advance. The Meter Charge(if applicable)or
other maintenance charges will be Invoiced periodically In arrears. The Basic Maintenance and Meter Charges for a partial month's service will be prorated on the basis of a thirty
(30)day month. Payment Is required within the period stated on the Invoice.
4. Engineering Changes. Engineering changes, determined applicable by Ricoh, will be controlled and installed by Ricoh. Engineering changes which provide additional
capabilities to the Equipment covered herein will be made at Customers request at Ricoh's applicable time and material rates and terms then in effect.
5. Indemnification. Except as otherwise provided In Section 5 of the General Terms and Conditions,Ricoh agrees to Indemnify and hold Customer harmless from and against any
loan,cost,damage,claim,expense,or liability as a result of Injury orldeath of any person or damage to any personal properly of Customer which such personal Injury or damage
arises out of or in connection with the sole negligence of Ricoh or its employees In the performance of this Agreement,provided Ricoh receives prompt written notice of such
personal Injury or damage,and provided further that Ricoh shall have the sole control of the defense of any such action and all negotiations for its settlement or compromise.
6. Term and Termination. This maintenance agreement shall extend for a period of one(1)year from its commencement date and shall automatically renew for additional one(1)
year periods unless notice of nonrenewal Is provided by either party within thirty(30)days of the Initial or any renewal term. Notwithstanding the above,either party may terminate a
maintenance agreement for failure of the other to comply with any of its terms and conditions in the event such noncompliance is not cured within thirty(30)days after the provision
of notice of such noncompliance. Maintenance service performed by Ricoh after the termination of a maintenance agreement shall be charged to Customer at Ricoh's applicable
time and material rates and terms then In effect Ricoh may suspend performance under any maintenance agreement 9 Customer is in default or In arrears In payments to Ricoh
under this or any other agreement.
7. Meter Charges.If applicable,Customer also shall pay the monthly meter charges listed on the first page hereof for each copy made on Equipment subject to this Agreement
mor The Initial quarter following Installation will Include the first partial jth(If applicable)and meter charges for such partial month will be prorated. Meter readings shall be provided
on a quarterly basis by Customer at the request of Ricoh
8. Supplies. If supplies are included In the service provided under this Agreement,Ricoh will supply black toner,Ink and developer,unless otherwise stated In this Agreement,to
Customer based upon normal yields. if Customer's usage of the supplies exceeds the normal yields for the equipment being serviced,Ricoh will Invoice and Customer agrees to
pay,for the excess supplies M Ricoh's current retail prices then In affect
Kent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 6I
1. SUBJECT: WORKERS COMPENSATION CLAIMS ADMINISTRATION
AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the three-year
Workers' Compensation Claims Administration Agreement with Berkley Risk
Administrators Company, LLC, in an annual amount of $51,250, for claim
administration services, subject to final terms and conditions acceptable to the
City Attorney.
3. EXHIBITS: Memo and Agreement
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure X Revenue
Currently in the Budget Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
EMPLOYEE SERVICES DEPARTMENT
Sue Viseth, Director
Phone: 253-856-5270
KEN T Fax: 253-856-6270
WAS H N G T O N Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
February 5 2008
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To: Operations Committee
From: Chris Hills, Risk Manager
Thru: Sue Viseth, EmploYee Services Director
Regarding: Workers Compensation Claims Administration Agreement - Approve
MOTION: Recommend council authorize the Mayor to sign the Workers'
Compensation Claims Administration Agreement with Berkley Risk
Administrators Company, LLC in the annual amount of $51,250, per year
for 3 years, subject to final terms and conditions acceptable to the City
Attorney.
SUMMARY:
For the past eight (8) years, the City has used Sedgwick Claims Management
Services, Inc., formerly Johnston & Culberson, Inc., for workers' compensation
claim administration services. Due to proposed cost increases in the current
contract and perceived decreases in service responsiveness, Risk Management
requested proposals in August 2007 from a number of national and regional firms
to evaluate their ability to servle the City's claims administration needs. After
evaluating and scoring the proposals, the City invited the top three proposers, and
Sedgwick, to participate in inter(views in October 2007. At the conclusion of the
interviews, the interview panel determined that Berkley Risk Administrators, LLC
best served the City's needs based on its overall pricing, service approach, and
proximity.
BUDGET IMPACT:
Within established budget and below the cost of the proposed 2008 contract with
Sedgwick CMS.
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AGREEMENT TO ADMINISTER SELF INSURED CLAIMS
For adequate consideration,Berkley Risk Administrators Company,LLC("ServicingCompany")and The City of Kent,
p Y ) Y
Washington("Client")hereby agree as follows:
A. PARTIES
1 Client is authorized to self insure itself for purposes of workers compensation liability under the laws of the State of
Washington (the"Program").
2 Servicing Company has a principal place of business at 222 S.Ninth St, Ste 1300,Minneapolis,Minnesota,is an
administrator of statutory workers compensation claims and is authorized to administer claims under Washmgton law
B. SCOPE OF SERVICING COMPANIES SERVICES
1. Self Insured Claims for Statutory Benetrts, Berkley will record, administer and adjust all new and run-off claims
arising out of the Program and reported to it by Client)for the life of the contract.
2. Standard of Performance Berkley will process and adjust claims for statutory benefits in accordance with the relevant
state laws and regulations and in accordance with the following contractual standards
a After acknowledging the claim, Servicing C mpany will conduct or direct an investigation as it deems necessary and
appropriate for any loss in order to determine compensability In carrying out the investigation, Servicing Company may in its
discretion retain the services of other independent contractors with expertise in areas such as field investigations,surveillance, and
pay these added costs as an allocated expense
b. Servicing Company will evaluate and make recommendations concerning coverage and liability issues and set reserves in
good faith based on the facts and information documented in the individual claim files. Any single change in reserve greater than
$10,000 will be communicated to Client Servicing Company and Client will review the reserves together at least once every 3
months
c Servicing Company will assign defense Counsel to all litigated claims reported to it Servicing Company will monitor any
developments in the case, insure that counsel is attentive to the matter,and report back to Client as necessary or as requested by
the Client.
d Servicing Company will evaluate potential subrogation rights of Client and will assert those rights that it believes are
likely to yield a benefit to the Client Notwithstanding any judgment made by Servicing Company about whether to pursue a
subrogation claim, the Client reserves the right to ins4ruct Servicing Company to assert or not assert any meritorious clans
e The mechanism for determining Servicing Ciornpany's compliance with clans performance standards will be a joint
review of claim files by Servicing Company and the Client which will occur at least quarterly
These performance standards do not imply or guarantee a particular clans result.
3. Claims Reporting Servicing Company will provide the following reports relevant to claim handling
a Accounting reports will include (j)weekly for monthly listing all checks issued for payments made from Client's bank
account described in Section C.2 02; (m)monthly reports itemizing all claims processed by Servicing Company during the
preceding month, including reports giving the status of losses,payments to date, estimated reserve amounts and other details
relating to losses for purposes of Client's loss analysi's Customized reports are available upon request at no additional charge
unless the report requires additional progranmmng
b Servicing Company will provide the State or Washington and industry associations having jurisdiction over workers'
compensation matters with all information and forms required of self insured employer relevant to claims activities.
4. Loss Control Loss control services may be available for an additional hourly charge.
C. CLIENTS DUTIES
1. Servicing Company's Fee.For the services!described in paragraph 1.02, Servicing Carrier will be paid the following fee:
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Client will pay Servicing Company a minimum annual claims service fee of$51,250 for a total of up to 110 new or reopened claim
files during an Agreement year. For each additional claim that is opened or reopened,Client will pay servicing Company$485 for
each claim.
A pro-rata amount of the annual fee will be billed prospectively every quarter.
Client will pay Servicing Company$200 for each open time loss claim and$50 for each open medical only claim assumed at the
time of contract inception. This is a one-time fee imposed at the time of contract inception.
"Time Loss"claims are 1)any claims that involve exposure or requests for total temporary disability,
loss of earning power or permanent unpairnent/disability, 2)claims which involve third party
subrogation investigation or recovery efforts; 3)claims where the worker is represented by legal
counsel or the claim is in litigation;4)asbestosis claims, 5)hearing loss claims Such claims are
considered"Time Loss"claims for purposes of this Section,regardless if time loss or indemnity
benefits are incurred or paid "Medical Only"claim means a workers' claim(a)for which only medical
treatment is sought or at issue and all such medical treatment is obtained within ninety(90)days after
the initial treatment date and(b)that does not exceed a total monetary payout of over$2,500.00
2. Funding Claim and Program Account Client will establish,fund and reconcile a bank account or accounts for the
payment of claims,allocated loss adjustment expenses,and Program expenses at a bank of its choice Servicing Company is not
an insurer and as an administrator of claims does not finance,fund or otherwise act as surety for claim and Program expenses
Servicing Company will have Client's authority to issue checks on its behalf drawn against said bank account to pay claims,claim
expenses,and other Program expenses Servicing Company will contact Client by telephone or e-mail to obtain authority for any
payments that exceed$10,000.00,and will require secondary approval(or like kind internal processes to safeguard against
unauthorized issuance of checks)for any check to be drafted in an amount equal to or greater than$10,000.00 Client will monitor
the bank account balance to insure there are no funding deficiencies.
Allocated loss adjustment expenses include,but are not limited to, legal defense costs, independent medical evaluations,
photocopies,medical records,police reports, surveillance,court reporter fees,transcript fees,copies of depositions,expert witness
fees,filing fees,field investigations, and rehabilitation services Program expenses include,but are not limited to, assessments,
taxes and audit,legal and actuary fees
3. Communications Client agrees to give Servicing Company prompt notice of claims in a verifiable format,to forward
on a timely basis all necessary and relevant claim and participating client employer information,and to respond to requests for
information or requests for required payment authorization in a prompt manner.
4. Legal Advice: Client understands and acknowledges that Servicing Company does not provide legal advice
D. TERM AND TERMINATION
1. Term and Termination. This Agreement is effective February 1,2008,and shall run for 36 months, and may be
extended thereafter upon the written approval of both parties The terms of this Agreement will apply to any services perfonned
beyond the stated terms Either party may terminate this Agreement for any reason or no reason,without penalty,by giving at
least sixty(60)days prior written notice to terminate this Agreement. Except for failure to pay fees or fund claims, termination
will be effective sixty(60)days after notice is given If Client fails to pay fees of fund claims,termination is effective 15 days
after notice is given subject to Client's right to cure within the first 10 days after notice is mailed.
2. Procedures on Termination. In the event this Agreement is terminated, all obligations of Servicing Company under
Part B of this Agreement will cease. Servicing Company will render a final accounting of Client's claims and return all of Client's
claims and financial or other records as they are kept in the ordinary course.
E. INDEMNIFICATION AND LIMITATION OF DAMAGES
1 Servicing Company's Duty of Indemnification Servicing Company shall indemnify, defend and hold Client (and any
parent companies, subsidiaries and affiliates, and each of Client's respective officers, directors, agents, employees, successors and
assigns) harmless from any and all claims, suits, losses,judgments, damages, attorney's fees, costs, administrative fines, penalties
or expenses incurred by Client but only to the extent the relevant acts or omissions by Servicing Company,its employees or agents
are in breach of duties under this Agreement or any directive Client may have issued.
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2. Client's Duty of Indemnification Client shall indemnify, defend and hold Servicing Company (and any parent
companies, subsidiaries and affiliates, and each of Servicing Company's respective officers, directors, agents, employees,
successors and assigns) harmless from any and all claims, suits, losses,judgments, damages, attorney's fees, costs, administrative
fines, penalties or expenses (collectively referred to as damages, costs and penalties") incurred by Servicing Company, but only
to the extent the relevant acts or omissions by Servicing Company or its agents or employees are in compliance with its duties
under this Agreement or any directive Client may have Issued
3. Limitation of Damages EXCEPT AS MAY BE REQUIRED UNDER THE INDEMNIFICATION PROVISIONS,
SERVICING COMPANY AND CLIENT AGREE THAT IN NO EVENT WILL ONE BE LIABLE TO THE OTHER FOR
PUNITIVE DAMAGES,LOST PROFITS,CONSEQUENTIAL,OR INCIDENTAL DAMAGES THAT ARISE OUT OF OR
RELATE TO ANY BREACH OF ANY LEGAL DU�Y WHETHER FRAMED AS A BREACH OF CONTRACT OR TORT
CLAIM SERVICING COMPANY AND CLIENT AGREE THAT EACH'S LIABILITY TO THE OTHER FOR DAMAGES
FOR ANY OCCURRENCE OR RELATED OCCURRENCES WILL NOT EXCEED PROVEN DIRECT DAMAGES UNDER
THIS AGREEMENT. THIS CALCULATION OF DAMAGES IS INTENDED TO BE EXCLUSIVE
4. Limitation of Action or Arbitration The provisions of this section shall survive the termination of this agreement
F. CONFIDENTIALITY AND PRIVACY REQUIREMENTS
1. Non-public Personal Information Servicing Company and Client each have obligations to safeguard non-public,
personal information under federal and state privacy Laws and regulations. Each party hereto agrees to become familiar with, to
understand, and to comply with these laws and represents and warrants that it will not take action that will violate these laws or
cause the other party to be in violation of such Prrvac'y Laws It is,however, understood and agreed that the documents containing
non-public personal information are part of the claims file and,as such, are the property of Client Servicing Company will follow
Client's instructions regarding the use or sharing of these documents and Client will defend, indemnify and hold Servicing
Company harmless from any expense, claim, investigation or liability that may arise from Servicing Company's compliance with
Client's instructions
2. Prohibition Against Disclosure Except ash may be authorized by a claunant or as otherwise authorized by taw, Client
and Servicing Company will receive, maintain, and use any information labeled as Confidential in the strictest of confidence and
commercially comercially reasonable efforts keep such information confidential and to prevent the unwarranted disclosure thereof.
G. TERMS AND CONDITIONS
1. Governing Law This Agreement will be governed by the laws of the State of Washington
2. Representation and Warranties Servicing'Company and Client each represent and warrant to the other that in carrying
out their respective roles they will be compliant with applicable federal, state and local laws,rules and regulations
3. Entire Agreement This is the entire AgreerInent between the parties and supersedes any previous communications,
representations or agreements, either oral or written, with respect to the subject matter hereof This Agreement may not be
amended except in a writing signed by both parties.
4. Severability; Waiver The invalidity or unenforceabilrty of any provision of this Agreement shall not affect the validity
or enforceability of any other provision of this Agreement Any delay or waiver by a party to declare a breach of seek any remedy
available to it under this Agreement or by law will not constitute a waiver as to any past or future breaches
5. Survival The provisions of this Agreement regarding Confidentiality,Indemnification and Release,Arbitration, and
Survival will survive the expiration or termmatron of this Agreement
6. Independent Contractor Servicing Company is an independent contractor Nothing in this Agreement will be
construed or deemed to create any other relationship between the parties, Including one of employment,joint venture or partners
7. Assignment Neither this Agreement nor any rights or obligations hereunder may be assigned,delegated or transferred by
either party without the prior written consent of the other party.
8. Arbitration 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 raider the
venue, rules and jurisdiction of the King County Sup Irror Court, King County, Washington, unless the parties agree in writing to
an alternative dispute resolution process.
9. Force Maieure The term `force majeure' Ini hides,but is not limited to,the following Acts of God and the public
enemy,fires,accidents,break downs,strikes,labor disputes, and any laws,orders,rules,regulations,acts or restraints of any
3
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101
governmental body or authority,civil or military,including any state department of insurance,which detrimentally impairs the
ability of the parties to this Agreement to perform their obligations,or any other causes beyond control of the parties hereto.
10. Notice All notices,certificates or other communications provided for,authorized or required under this Agreement will
be given in writing and mailed to
If to Berkley if to Client-
Kenneth R.Hopkins City of Kent, WA
222 South Ninth Street, Saute 1300 Attn Chris Hills,Risk Manager
Minneapolis,MN 55402 220 Fourth Ave. S.
Kent,WA 98031
With copy to.
Kevin Kincade, General Manager
Berkley Risk Administrators Company,LLC
16040 Christensen Rd Suite 110
Tukwila,WA 98188
The parties agree to these terns by executing this Agreement and the following persons are represented to possess the authority to
bind each entity to the terns of this Agreement and represent and warrant that ratification of this Agreement by their respective
Boards will occur to the extent necessary
BERKLEY RISK ADMINISTRATORS
COMPANY,LLC
By By.
Its- Its
President,C.O O.
Date. Date.
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1 Kent City Council Meeting
Date February 19, 2008
1 Category Consent Calendar - 6J
1. SUBJECT: COMPREHENSIVE COMMUNICATIONS TECHNOLOGY
INFRASTRUCTURE MASTER PLAN - AUTHORIZE
' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with
Information Systems Management Solutions, Inc., to support the completion of
the City's Comprehensive Communications Technology Infrastructure Master Plan,
1 for a total amount not to exceed $98,000, subject to approval of final terms and
conditions by the City Attorney and the Information Technology Director.
3. EXHIBITS: IT Director Carrington's 2/5/08 memo to the Operations
Committee
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure Yes Revenue
Currently in the Budget Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
i 11
INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington, Director
Phone: 253-856-4607
KEN T Fax: 253-856-4700
WASHINGTON 220 Fourth Avenue S.
Kent, WA. 98032-5895
1 February 5, 2008
TO: Kent City Council - Operations Committee
MFROM: Mike Carrington, Information Technology Director
SUBJECT: Comprehensive Com unications Technology Infrastructure Master Plan
r (CCTIMP)
MOTION: Move to recommend the Council authorize Mayor Cooke to sign
purchase orders supporting the completion of the City s Comprehensive
Communications Technology Infrastructure Master Plan, for a total amount not
to exceed $98,000.
SUMMARY
As a critical contributor to the 2008 multiyear Technology Plan, the Comprehensive
Communications Technology Infrastructure Master Plan assesses the City's current state
of connectivity, telecommunications capability and associated requirements. From that
assessment a strategic set of telecommunications goals will be established for executive
and Council consideration. Final stage detailed deployment plans will be outlined based
1 on adopted goals and selected priorities.
Assessment, evaluation and planning for multiple related technology considerations
include focus in the following areas:
1. Communications Infrastructure & Engineering Assessment
2. Information System Solutions with technologies like VoIP (Voice over Internet
Protocol) and others
3. Communications Deployment Feasibility
4. Fiber and Wireless Master Planning
5. Fiber and Wireless Building Code Composition
6. Telecommunications Technology Aggregation
' Final deliverable will include, but' not be limited to a Kent specific Comprehensive
Communications Technology Infrastructure Master Plan and Report.
BUDGET IMPACT
Funding for this multi-phase initiative was budgeted as a component of the 2007 Interim
Technology Plan and adopted as pa it of the City of Kent 2007 Final Budget.
Kent City Council - Operations Committee 1 Communication Infrastructure Master Planning
February 5, 2008
1 Kent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 6K
1. SUBJECT: CAPITAL ASSET REPLACEMENT FUND POLICY RESOLUTION -
ADOPT
2. SUMMARY STATEMENT: Adopt Resolution No. which incorporates
existing city financial practice by formally adopting a replacement fund policy that
will establish cash reserves to fund replacement of various capital assets as they
are retired out of use, including addition of a $300,000 annual furnishing and
fixture replacement fund for the Kent Events Center.
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3. EXHIBITS: Memo and Resolution
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure Yes Revenue No
Currently in the Budget Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
KENT
IVAS Ha NG-ON
FINANCE
R. J. Nachlinger, Director
Phone: 253-856-5260
Fax: 253-856-6255
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
February 13, 2008
TO: Kent City Council
Mayor Suzette Cooke
FROM: R. J. Nachlinger, Finance Director
SUBJECT: Capital Asset Replacement Fund Policy Resolution
The City, in its annual budget adoption process, included specific financial policies
as part of its adopted budget.i The City Council's 2008 budget, adopted by
Ordinance 3867, incorporated the 2008 preliminary budget, which set forth the
2008 financial policies. The adopted financial policies are intended to establish
best practices in the areas of public debt, cash management and investments,
budget development and adjustmlient, and revenue collection.
Under its "Financial Stability Policies" section, this budget addresses the city's
"Equipment Rental Replacement (,Fund," and continues the city's policy to maintain
this fund by setting aside monies on a regular schedule to be held in reserve so that
adequate funds exist to replace equipment as it becomes necessary to take the
equipment out of service. Although not specifically addressed in this policy, the city
has applied this same reserve fund practice for its capital assets, including fleet
vehicles, street overlays, city equipment, building maintenance, and a reserve fund
for replacement and refurbishment for the Kent Event Center.
On the recommendation of the city's Finance Director, the city council has
determined that this reserve fu d practice helps keep the city in a sound fiscal
position. Accordingly, the Finance Director recommends that the City Council state
its financial policy by resolution, to clarify that the city's reserve fund protocol
should apply generally to the city's capital assets in 2008 and in the future.
III
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, establishing an expanded
Capital Asset Replacement Fund policy.
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RECITALS
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A. The City, i its annual budget adoption process, includes
rspecific financial policies Ias part of its adopted budget. The City Council's
2008 budget, adopted by Ordinance 3867, incorporated the 2008
preliminary budget, which sets forth the 2008 financial policies on pages
twenty-one through twenty-four.
B. The adopted financial policies are intended to establish "best
practices" in the areas of public debt, cash management and investments,
budget development and adjustment, and revenue collection.
C. Under its "Financial Stability Policies" section, this budget
addresses the city's "Equipment Rental Replacement Fund," and continues
the city's policy to maintain this fund by setting aside monies on a regular
schedule to be held in reserve so that adequate funds exist to replace
equipment as it becomes) necessary to take the equipment out of service.
1 Capital Asset Replacement
Fund Policy
D. Although not specifically addressed in this policy, the city has
applied this same reserve fund practice for its capital assets, including,
without limitation, fleet vehicles, street overlays, equipment, building
maintenance, and a reserve fund for replacement and refurbishment for
the Kent Event Center.
E. On the recommendation of the city's Finance Director, the city
council has determined that this reserve fund practice helps keep the city
in a sound fiscal position. Accordingly, the city council has determined to
restate its financial policy to clarify that the city's reserve fund protocol
should apply generally to the city's capital assets in 2008 and in the future.
RESOLUTION ,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
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SECTION I, - Financial Stability Policies amended. The City of Kent
Financial Stability Policies, as incorporated into the 2008 city budget
through budget adoption Ordinance 3867, enacted on December 11, 2007,
which appear on page 21 of the 2008 Preliminary Budget, and which were
incorporated into the 2008 budget ordinance, shall be revised as follows:
FINANCIAL STABILITY POLICIES
Genera/ Fund Reserves - Per Resolution #1327, beginning with
the 1993 budget, the target for the General Fund Contingency
Account is 10% of the General Fund budgeted expenditures. The
policy is designed to provide a fiscal cushion, meet seasonal cash
flow shortfalls, and meet emergency conditions. The 2008 budget
meets that target. ,
2 Capita/Asset Replacement
Fund Po/icy
II
Equipment Re .00.1 Q.-PPMeef"ent Fund Capital Asset
Replacement Funds - The Gity will f:naintain an Equipment Ren
heavy ,I
The City will adequately maintain funds that
replace, refurbish and restore city facilities, assets and
infrastructure. These funds shall be appropriated in the Annual
Budget process and disbursed to the receiving funds during that
fiscal year. Examples include fleet vehicles, street overlays,
equipment, building maintenance and, beginning with the 2008
budget, at least $3 0,000 per annum for the Kent Event Center.
Self Insurance Program - The City will maintain an actuarially
sound self insurance program for unemployment, worker's
compensation, liability insurance and health insurance. All of the
insurance programs are accounted for as separate cost centers
within one parent I insurance fund. The liability insurance fund is
funded through the Washington City's Insurance Authority for claims
over $100,000. The Health Insurance program is budgeted to
maintain fund balance at 2 times IBNR, using a multiple year
forecast to smooth ,the effects of necessary rate increases.
Pension Funds The City will maintain an actuarially sound
tFiremen's Relief and Pension Fund.
SECTION 2. - Capital Asset Replacement Fund to be Permanent
Policy. The "Capital Asset Replacement Fund" policy established as part of
the city's 2008 budget Fi ancial Policies by this resolution shall become the
permanent policy of the city of Kent, unless amended by future budget
ordinances or separate resolution.
SECTION 3. - Se Iverability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, Much decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 4. - Raltification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
3 Capital Asset Replacement
Fund Policy
SECTION 5. - Effective Date. This resolution shall take effect and '
be in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this day of , 2008.
CONCURRED in by the Mayor of the City of Kent this day of
2008.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the
day of , 2008.
BRENDA JACOBER, CITY CLERK
P:\GviI\Resolution\Replace mentFundPoI icy.doc '
4 Capital Asset Replacement
Fund Policy
Kent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 6L
1. SUBJECT: KENT EVENTS CENTER PUBLIC FACILITIES DISTRICT
CONTINGENT LOAN AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign all documents
necessary to amend the Form of Contingent Loan Agreement between the City
and the Kent Events Center Public Facilities District. After a detailed review of
state and federal taxation and securities laws, bond counsel has recommended
changes to the contingent loan agreement to obtain the best interest rates and
returns.
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3. EXHIBITS: Memo from Finance Director and Contingent loan agreement
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure No Revenue No
Currently in the Budget Yes No
6. CITY COUNCIL ACTION:
1 Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
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FINANCE
R. J. Nachlinger, Director
Phone- 253-856-5260
K E N T Fax 253-856-6255
W A 5 H I N G T O N Address 220 Fourth Avenue S
Kent, WA 98032-5895
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February 5, 2008
TO: Kent City Council Operaations Committee
FROM: R. J. Nachlinger, Finance Director
SUBJECT: Contingent Loan Agreement - Kent Events Center Public Facilities District
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MOTION: Recommend CouncpI authorize the Mayor to sign all documents
necessary to amend the Form of Contingent Loan Agreement between the
city and the Kent Events Center PFD, previously authorized by Ordinance
NO. 3863, and to amend the Ordinance, if necessary, subject to approval of
' final terms and conditions by the Finance Director and the City Attorney.
SUMMARY: Upon the advice of bond counsel, the City has been asked to amend the
existing Contingent Loan Agreement between the city and the Kent Special Events
Center Public Facilities District. I These changes are recommended after more
detailed review of state and federal taxation and securities laws in order to obtain
the best interest rates and retu Ins on the Kent Events Center bond issues. The
Finance Director will be available Ito answer any questions
BUDGET IMPACT: 2008 Budget
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Kent Council Operations Committee 1 2008 Total Tax Levy Established
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FP DRAFT OF 1�'�0701/23/2008
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CONTINGENT LOAN AND SUPPORT AGREEMENT
' REGARDING FINANCING
FOR KENT SPECIAL EVENTS CENTER
BY AND BETWEEN
' THE CITY OF KENT
AND
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THE CITY OF KENT SPECIAL EVENTS
CENTER PUBLIC FACILITIES DISTRICT
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��SORS 13 R74
3E1
CONTINGENT LOAN AND SUPPORT AGREEMENT ,
REGARDING FINANCING
FOR KENT SPECIAL EVENTS CENTER
THIS CONTINGENT LOAN AND SUPPORT AGREEMENT (this "Agreement") is
dated as of the day of , 2007,2008, and is made by and between THE CITY OF
KENT, WASHINGTON (the "City"), and THE CITY OF KENT SPECIAL EVENTS CENTER
PUBLIC FACILITIES DISTRICT (the "District"); '
RECITALS
WHEREAS, Chapter 35.57.020 of the Revised Code of Washington ("RCW") provides '
that a public facilities district may acquire, construct, own, remodel, maintain, equip, repair,
finance, and operate one or more regional centers; and '
WHEREAS, the City has previously determined that the acquisition and operation of
such a regional center is in the interest of the City, and by Ordinance No. 3853 passed on August
7, 2007 (the "District Formation Ordinance"), established the District pursuant to 35.57 RCW;
35.57, to assist in the design, construction, ownership, operation and/or financing of a regional
center as defined in RCW 35.57.020 as a convention, conference or special events center, and
related parking facilities, serving a regional population(the "Special Events Center"); and
WHEREAS, the Washington Interlocal Cooperation Act (RCW 39.34) authorizes a
public facilities district to contract with any other public agency of the State of Washington (the
"State") to perform any governmental service, activity or undertaking which each entity is
authorized to perform; and ,
WHEREAS, the City and the District previously entered into an Interlocal Agreement for
Development of Special Events Center dated September 14, 2007 ("Interlocal Agreement No.
1"), pursuant to the Washington Interlocal Corporation Act in connection with the development
and operation of the Special Events Center; and
WHEREAS, *'may began senstrnotten orthe Speeial EventsCeate r- in Atly, 2007, w t
available ftiads of the , pursuant to stateState law, the District Formation
Ordinance and Interlocal Agreement No. 1,
^t„* development of the Speei ' Events Gente the District is authorized to issue revenue bonds
or general obligation bonds in principal amounts approved by the City consistent with RCW
35.57.030, 35.57.090 and other applicable provisions of state law for the purpose of providing '
for part of the cost of joint development of the Special Events Center; and
WHEREAS, all such bonds of the District will be satisfied exclusively from the assets, '
revenues and credit of the District except and to the extent the City expressly agrees to make a
loan to the District to provide for the payment of such obligations; and
WHEREAS, under Interlocal Agreement No. 1 and Resolution No. 2007-1 of the Board
of Directors of the District adopted on September 14, 2007 (the "PFD Tax Resolution"), the
District imposed the sales and use taxes authorized by RCW 35.57.040(1)(d) and RCW
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82.14.390 at the rate of 0.033% of the selling price (in the case of a sales tax) or the value of the
article used tin the case of a use tax) '(the "Sales Tax") and agreed to set aside the proceeds of
such Sales Taxes-r to be paid to the City for the purpose of providing for part of the cost of
designing, constructing, owning and operating the Special Events Center, and/or to provide part
of the debt service on District bonds or obligations issued to provide for part of such costs; and
WHEREAS, the City commenced construction of the Special Events Center on July 27,
2007, in satisfaction of the requirements of RCW 35.57.040(1)(d) that construction of a regional
center be commenced prior to July 1, 2008; and
WHEREAS, the City has designated and provided approximately 17.5 acres of land
I owned by the City with an estimated value of $30,000,000 as the site on which the Special
Events Center is being constructed, and also is contributing at least $14,400,000 of City funds
and State grant proceeds toward the cost of construction of the Special Events Center in
satisfaction of the requirement of RCW 82.14.390(4) for the provision of land, cash or in-kind
contributions for the regional center from other public or private sources equal to 33% of the
amount of sales and use taxes collected for a regional center; and
WHEREAS. the City has requested that the District issue (1) its Special Events Center
Sales Tax Bonds, 2-0�2008, in an o�iginal principal amount not to exceed [$ ] (the
"Sales Tax Bonds") payable from the Sales Tax Revenue and District Revenue, and (ii) its
Special Events Center Revenue Bonds, z299�SE� ^, and
Special Events Center- Revenue
Bonds, �90 Series > 2008 (Taxable), in an original agg -principal amount not to exceed
[$ ] (the "Revenue Bonds"),I payable from Speet i Events Center- Revenues, to p f r
poii-tio of the capital costs uI the C^����' �� --Itts^ts GenterDistrict Revenues; and
WHEREAS, the District intends to issue its Sales Tax Bonds and Revenue Bonds and to
make proceeds thereof available to pay for a portion of the capital costs of the Special Events
Center; and
WHEREAS, the District has requested that the City provide credit support to the District
to permit the District to obtain financing for the capital costs of the Special Events Center at the
lowest interest rates available; and
WHEREAS, the City r gee-previde credit stippe t€ f the District's cares Tw
Raids and Revenue Rends and towill own and operate or provide for the operation of the Special
Events Center and will pay operation and mamtenance expenses of the Special Events Center
and collect Special Events Center Revenues, all as provided in this Agreement, and
WHEREAS, in consideration for the District's issuance of the Bonds for the construction
of the Special Events Center. the City Iis willing to provide credit support for the District's Sales
Tax Bonds and Revenue Bonds, and the City Council of the City by Ordinance No.
has authorized the City to enter into thi's contingent loan and support agreement;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the
parties hereto covenant and agree as follows.
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Section 1. Definitions and Interpretation.
1.1 Definitions. As used or referred to in this Agreement, unless the context
otherwise requires, the following terms shall have the meanings given to them in the Recitals of
this Agreement:
Agreement Reyep,,o R RCW
City $alesRevenue Bonds
District Sales Tax Bonds ,
District Formation Ordinance Speeial Events GenterSales Tax Bonds
Interlocal Agreement No. 1 StateSpecial Events Center
PFD Tax Resolution State '
RGA
In addition, unless the context requires otherwise, the terms defined in this section shall, for all
purposes of this Agreement, have the meanings specified herein, to be equally applicable to both
the singular and plural forms of any of the terms defined herein.
"Boads" means (t) the Revei}„e Bonds atid the Sales Twi Bonds and(ii) any now-bed
is not later- thaft the latest fnawr-ity date of the S-1--s Tax Boads; the latest matufAy date of any
after- the issue date of the Revenue Bonds; and the aggfegate pr-ineipal amount of Boff&
„tst.,,,.7in at any time does ,,,,- o oa [$62 inn nnn]
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"Additional Revenue Bonds" means bonds that the District may hereafter issue pursuant ,
to Section 18 of Resolution f2008- 1 of the District adopted February 2008 (the "Revenue
Bond Resolution") that are secured by a lien upon the District Revenue that is equal to lien upon
the District Revenue in favor of the Revenue Bonds and Sales Tax Bonds.
"Additional Sales Tax Bonds" means bonds that the District may hereafter issue
pursuant to Section 19 of Resolution f2008- 1 of the District adopted February . 2008 (the
"Sales Tax Bond Resolution") that are secured by a lien upon the Sales Tax Revenue that is
equal to the lien upon the Sales Tax Revenue in favor of the Sales Tax Bonds.
"Bonds" means Revenue Bonds. the Sales Tax Bonds. any Additional Revenue Bonds
and any Additional Sales Tax Bonds.
"Business Day" means any day, other than a Saturday or a Sunday, on which banking '
institutions are open in the State and in the states in which the principal corporate trust office of
the Trustee and any of the offices of the Bond Registrar designated from time to time by the
Bond Registrar for the transfer or exchange of Bonds are located.
"City Contingent Loan Payments" means any loan payments made by the City to the '
District for Required Debt Service pursuant to the Contingent Loan and Support Agreement that
are derived from City funds other than Special Events Center Revenues.
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5085318?4
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"City Special Events Center Payments" means all payments required to be made by the
City to the District for Required Debtl Service pursuant to this Agreement that are derived from
and represent Special Events Center Revenues.
"Debt Service Payment Date'i means any date on which principal of and/or interests on
any Bond is due and payable as provided in the applicable authorizing resolution.
"District Revenue" means all revenue, earnings and money received by the District from
and on account of the City Special Events Center Payments and City Contingent Loan Payments.
"Fiscal Agent" means the fiscal agent of the State, initially The Bank of New York.
"Operation and Maintenance Expenses" means all reasonable expenses incurred in
causing the Special Events Center to be operated and maintained in good repair, working order
and condition, including without limitation: management fees or other payments to third parties
payable inrespect of the operation of the Special Events Center; personnel costs; the cost of
ordinary maintenance and repair; utilities; supplies; food and beverage service and supply costs;
equipment purchase and lease pay ents; administrative expenses, including administrative
expenses of the District, the costs of7advertising, marketing and business promotion; deposits,
premiums, assessments or other payments for insurance; and taxes and assessments; all as
determined in accordance with generally accepted accounting principles applicable to the City
and its operations. The term "Operation and Maintenance Expenses" does not include any
depreciation of or capital expenditure for the Special Events Center.
"Project" means the design and construction of the Special Events Center.
"Required Debt Service" means, for any calendar year, with respect to the Bonds, the
amount required to make scheduled payment of principal of (including mandatory redemption
payments with respect to Term Bonds) and interest on the Bonds in that calendar year.
"Sales Tax Revenue" means 41 the money received by the District from the Washington
State Department of Revenue on account of the Sales Tax imposed by and collected for the
District.
"Special Events Center Revenues" means all revenue, earnings and money received by
the City from or on account of the operation and/or ownership of the Special Events Center,
including but not limited to license's fees received by the City from Thunderbird Hockey
Enterprises, LLC (the "Team"); pursuant to the License Agreement dated August 7, 2007 (the
"License Agreement'), by and betYveen the City and the Team, facility fees, concession
revenues, advertising revenues, suite l�cense revenues, club seat revenues, parking revenues and
naming rights revenues.
' "Tax-Exempt Bonds" means the Sales Tax Bonds and any Additional Sales Tax Bonds
and Additional Revenue Bonds the interest on which is excludable from the gross income of the
holders thereof for federal income tax purposes.
"Term Bonds" means all Bonds designated as such in the applicable authorizing
resolution.
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1.2 Interpretation. Unless otherwise clear from the context of the terms, ,
words or phrases, the following principles govern the interpretation of terms, words and phrases
used in this Agreement: '
(a) Sections, paragraphs and clauses mentioned by number only
without reference to another document are those so numbered that are contained in this
Agreement.
(b) Captions, titles or headings preceding any article, section or '
subsection herein, and any table of contents or index attached hereto, are solely for convenience
of reference and are not part of this Agreement and shall not affect its meaning, construction or
effect.
(c) Terms such as "herein," "hereunder," "hereby," "hereto" and
"hereof' refer to this Agreement as a whole and not to any particular section hereof unless so
indicated; "heretofore" and"hereafter"mean before and after the date of this Agreement.
(d) Words importing any gender include masculine, feminine and
neuter genders, where applicable.
(e) Words importing the singular number include the plural number,
and vice versa, where applicable.
Section 2. Reaffirmation of Past Commitme Effect on Interlocal Agreement
No. 1. This Agreement shall and supplement and supersede the provisions of Interlocal
Agreement No. 1 to the extent of any inconsistency. Except to the extent supplemented or
expressly ,fevidea i superseded by this Agreement, all obligations of the City and the District ,
set forth in Interlocal Agreement No. 1 shall remain in full force and effect.
Section 3. C—ify-Contingent Loan Commitment for BondsAgreement.
3.1 City Contingent Loan Commitment for Bonds. In the event that the
District is unable to timely provide for the payment of principal of or interest on any Bonds, the
City shall loan to the District the amount necessary to make such timely payment. The District
agrees to borrow the amounts described above from the City pursuant to this Agreement and to
apply those amounts immediately for the purpose of meeting its obligations underwith res ep ct to
the Bonds. The District shall transfer the proceeds of each City loan directly to the Fiscal Agent
to be applied to the payment of debt service on the Bonds. The City on behalf of the District
may transfer those loan amounts directly to the Fiscal Agent. In the overt that the District has '
viot timely tfansf4r-ecl to the Fiseal Agent stiffieiefit amoiiats to make a debt sevviee payment ent-
Distr-iet may not be able to timely and 4illy pr-ovide for- a debt seB,iee payment when due, the
. The
total amount of funds to be loaned by the City pursuant to this Section 343 shall not exceed the
principal amount of the Bonds plus interest due and unpaid thereon. The obligation of the City
to advance funds to the District in the amounts, at the times and in the manner described herein
shall be absolute and unconditional, and shall not be subject to diminution by setoff,
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50853182.4 '
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counterclaim, abatement or otherwise. The full faith, credit and resources of the City are pledged
iirrevocably for the payment to the Fiscal Agent of the amounts described herein.
12 ontingent Loan Procedures: Time and Amount of Loans,
(a) Notice of Insufficiency. On the [15"='] day of the month preceding
each Debt Service Payment Date (or lif the 15t" is not a Business Day, then the next Business
Day), the District shall review the amount on deposit in the District's Revenue Bond Debt
Service Fund and/or the District's (Sales Tax Bond Debt Service Fund, as applicable, to
determine whether there will be sufficient money available in the applicable Debt Service Fund
to make the required payment due onl the upcoming Debt Service payment Date. I£ upon such
review, it appears that the money available in the applicable Debt Service Fund will be
insufficient to make that payment, the]District shall provide the City a notice in substantially the
form attached hereto as Exhibit A (a `iNotice of Insufficiency") within [five days] after the date
on which the review was required. Failure of the District to give a Notice of Insufficiency to the
City shall not relieve the City of its obligation to make loans upon demand by the District.
Cancellation Notices. If, at any time before []0 a.m. (Pacific
Time) on the [24=LI day of the month preceding an upcoming Debt Service Payment Date for
which the District has given a Notice of Insufficiency (or, if the [24`"1 is not a Business Dav, the
1 Business Day preceding the f24`" ), the District determines that there will be sufficient money
available in the applicable Debt Service Fund to make the required payment due on the
upcoming Debt Service Payment Datel, the District shall provide, prior to f5 p.m (Pacific Time)1
on the same day, a notice to the City in substantially the form attached hereto as Exhibit B (a
"Cancellation Notice"). Delivery of a Cancellation Notice by the District to the City shall not
relieve the City of its obligations to make loans upon demand by the District.
(c) Loans. For so long as any Bonds remain outstanding, the City
shall, no later than [10 a.m. (Pacific) Time)] on the Business Day preceding a Debt Service
Payment Date, lend to the District an amount that, when added to the money available in the
applicable Debt Service Fund, is sufficient to make all payments of principal of and interests on
the Bonds due on the upcoming Debt Service Payment Date. The City shall cause the amount of
each loan hereunder to be transferred) to the District in United States Dollars and immediately
available funds.
Method �of Notice. Notices of Insufficiency and Cancellation
Notices shall be sent by the District tol the Finance Director of the City on the day on which it is
to be given by messenger or telecopylor other electronic means capable of producing a written
notice
fe) Assumed Payment of City Special Events Center Payments.
Solely for the purpose of determim'ng whether sufficient money will be available in the
applicable Debt Service Fund on any (Debt Service Payment Date, the parties may assume that
the City will make City Special Events Center Payments to the District at the times,_and the
amounts, required by this Agreementj except to the extent the City has otherwise notified the
District.
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3.3 3I-District Repayment to City for Amounts Loaned pursuant to '
Contingent Loan Commitment. If the City lends money to the District pursuant to this
Section 3, the District shall repay the principal amount or amounts loaned as revenues for that
purpose become available consistent with Section 4, below, and the outstanding principal amount
of any such loan shall bear interest at a rate set by the City's Finance Director on the date a loan
is made, based on the then-current yield of the City's pooled investments. The rate of interest on '
the outstanding principal amount of any loan made by the City pursuant to this Agreement shall
be revised each year during the budget process based on the then-current yield of the City's
pooled investments, and effective on the same date that the City's interfand loan interest rate is
adjusted for all City interfund loans.
3.4 33-District Disclosure Documents. The District may, in disclosure '
documents related to the Bonds, describe or attach a form of this Agreement and the Gi
e-errtingentcommitment tindefSeEtion 3.1T-abow. However, those disclosure documents shall
contain a statement to the effect that the Bonds are payable solely from the specified sources and '
other money of the isstie legally available therefor, and from the transfer of the funds by
the City to the District or the Fiscal Agent, but that the Bonds are not obligations of the City.
The City acknowledges that the District will pledge District Revenues to the payment of the
Bonds. The parties to this Agreement acknowledge that lenders to the District, including Bond
owners, will rely on the terms of this Agreement, including the pledge by the City to make the
advances at the times and in the amounts set forth in Section 3. The City acknowledges that its
commitments under this Agreement constitute valid and binding enforceable contractual
obligations. '
Section 4. Priority of Payments from Sales Tax Revenue, Sperei ' Events enter-
District Revenue ("Flow of Funds").
4.1 Sales Tax Revenue. The Dist iet shall tfafts or of e teFor so long as
the Sales Tax Bonds or any Additional Sales Tax Bonds remain outstanding. all Sales Tax
Revenue shall be transferred to and deposited into the Sales Tax Revenue Fund when and as
received by the District or by the Finance Director of the City, as ex officao Treasurer of the
District, all Sales Ta�i Reventie for- deposit in the Publie Faeilities Distfiet Sales Twi Reven�ae
mod. Sales Tax Reventfe shall be ^"eeated aiid applied-to. Sales Tax Revenue deposited t
therein, together with District Revenue to the extent necessary to provide for the First through
fThirdl purposes below, shall be disbursed for the following purposes in the pfiefity set
below, and the fellowtag "flow of ftitids" for- the Sales T-a* Reventie shall suppleffleat and
supersede the pt:ovisioas of Seetion G.1 of Ifiter-loeal Agr-eeffient No. I to the extent of any
ineoasisten
following order of priority:
First, to make the required deposits to the Sales Tax Bond Debt Service Fund
for the payment of interest due on the Sales Tax Bonds and any Additional '
Sales Tax Bonds;
Second, to make the required deposits to the Sales Tax Bond Debt Service Fund ,
for the payment of principal of the Sales Tax Bonds and any Additional
Sales Tax Bonds due at maturity or upon mandatory sinking fund
redemption prior to scheduled maturity;
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5085
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[Insurer.]
Third, to repay principal of and interest on any loans made by the City to the
District was provided ui Section 3-.23.3 in respect of payments of
principal of or interest on the Sales Tax Bonds, or any Additional Sales
Tax Bonds: and
Fourth, ;f and „ly t the yrte t the speetal Evelits Geliter Reve,„e at ble
s0m the 146''' orrcincrs-zincrcr—veett6" 4.2 afe not stiffieteat to pay siicn
expet}ses' Payment r-o -vperatioll EH}dd TA4Fiiirce 4-4-tlliC efj and' rich
to provide for costs of and reserves for long -term capital repairs
' e€ renewals and replacements teof the Special Events Center, and for
other lawful Distnet pufposes, ineluding, at the optioti of the City,
Payment of p-1:11eipal of and interest atid any red :nitllm oil the
Revenue purposes, in no particular order of preference and all as
determined by the City in consultation with the District.
' The Latta f the pttoi,.,il 04 t ply Sales Tax Revenue t the p „t f debt
sefviee on the Revenue Boads sha.fl"..-tl be deemed a pledge by the Distfiet of the City to apply
those tax-rep=erines in that District and the City shall exercise due regard for the
anticipated financial requirements to be satisfied as priorities First through Third of this Section
4.1 in each calendar year prior to authorizing or making any disbursement of money in the
Special Events Center Sales Tax Revenue Fund for the purposes identified as priority Fourth.
4.2 Special Events Center Revenues. T43eFor so lone as any Bonds remain
outstanding, the City for itself and on behalf of the District shall collect and deposit ^" Special
Events Center Revenues and inters ea-fttiiigs-thereen in the Ptiblie Faetitties-mstr=ietshall
transfer City Special Events Center Payments to the District for deposit into the District Revenue
Fund. City Special Events Center ReveH� shall be '�eate and ^
i "flow
intefloeal gfeemetit No. -1 to the-(extent of anyL ineonststene-yPayments deposited therein.
together with City Contingent Loan Payments as required for the First and [Second] purposes
below, shall be used for the following order of priority:
First, to make the required deposits to the Revenue Bond Debt Service Fund for
the payment of interest due on the Revenue Bonds and any Additional
Revenue Bonds and, after taking into account Sales Tax Revenues
available to the(District for the payment of interest due on the Sales Tax
Bonds and any Additional Sales Tax Bonds, to make required deposits to
the Sales Tax Bond Debt Service Fund for the payment of interest on the
Sales Tax Bonds and any Additional Sales Tax Bonds,
Second, to make the required deposits into the Revenue Bond Debt Service Fund
' for the payment of principal of the Revenue Bonds and any Additional
Revenue Bonds at maturity or upon mandatory sinking fund redemption
prior to scheduled maturity and, after taking into account Sales Tax
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509S't14?4
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Revenues available to the District therefor, to make required deposits to '
the Sales Tax Bonds Debt Service Fund for the payment of principal or
mandatory sinking fund redemption of the Sales Tax Bonds and any
Additional Sales Tax Bonds,
[Insurer`?l
Third, to repay principal of and interest on any loans made by the City to the
District ups provided in Section �3 3 in respect payments of '
principal of or interest on the sue Bonds; and
Fourth, to pay Operation and Maintenunc eases €jl , to provide for '
costs of and reserves for long _term capital repairs--of,-renewals and
feel etne is *^replacement of the Special Events Center, and for other
lawful Dist-iet ses i i a t the eptt i f the Gity, payment
L i.��i ivy YuiYv.�v.�, uiviuuiub, z« ,
peal of and ititefest and any fedemption pfeffiittm ottthe Sales T
Bond spurnoses, in no particular order of preference and all as determined
by the City in consultation with the District. ,
The District and the City shall exercise due regard for the anticipated financial
requirements to be satisfied as priorities First through Fourth of this Section 4.2 in each calendar '
year prior to authorizing or making any disbursement of money in the Special Events Center
Revenue Fund for the purposes identified as priority Fifth. Any amounts received by the City or
the District as governmental grants or private contributions for the Special Events Center shall be '
deposited in a special capital account in the Public Facilities District Special Events Center
Revenue Fund and be used for the construction, renewal and replacement of facilities comprising
the Special Events Center, unless another use is required by the terms of any such governmental '
grant or private contribution.
Section 5. Deposit and Requisition of Bond Proceeds. The proceeds received by
the District from the sale and delivery of the Bonds shall be paid into applicable Account within
the Project Fund and shall be used to pay a portion of the cost of acquiring, constructing and
equipping the Special Events Center, to fund capitalized interest on the Bonds during
construction. to [pay the premium for the Financial Guaranty Insurance Policy], and to pay the
costs of issuance and sale of the Bonds. Proceeds of the Bonds allocated to pay the cost of
acquiring, constructing and equipping the Special Events Center shall be transferred to the City
for that purpose upon receipt of a requisition from the City for the payment of such costs in
substantially_ the form attached hereto as Exhibit C supported by documentation provided to the
City under the City's contracts for the construction of the Special Events Center that the City
determines to be sufficient.
Section 6. Ce�TCity Responsible for Operation and Maintenance of Special ,
Events Center.
61 Operation and Maintenance of Special Events Center. The City '
will proceed with due diligence to complete the construction of the Special Events Center. At all
times from and after the completion of the Special Events Center for so long as any Bonds are
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outstanding, the City, for itself and on behalf of the District shall take all actions necessary to:
(i) operate or cause the Special Events Center to be operated improperly as a "regional center"
as that term is defined in RCW 35.571� and a "tourism-related facility (as that term is defined in
RCW 67.28) in a sound and economical manner consistent with commercially reasonable;
industry practices and standards for facilities similar to the Special Events Center and in
accordance with the License Agreement, (ii) maintain or cause the Special Events Center to be
maintained in compliance with all appvicable legal requirements and promptly remedy (or contest
in good faith) any violations thereof, and (iii) maintain., preserve and keen the Special Events
Center, or cause the Special Events Center to be maintained, preserved and kept, with the
appurtenances and every part and parcel thereof, in lawful order and in good ^pent,., endit e
and repair-, r-easoi:fable wear and tear repair, working order and condition, from time to
time to make or, cause to be made, all necessary and proper repairs, replacements and renewals
so that at all times the operation thereof may be properly and advantageously conducted, and not
commit or suffer any unreasonable waste with respect thereto.
6— Payment of Operation and Maintenance Expenses. The City shall
pay or cause to be paid all Operation and Maintenance Expenses from the following setifees o
=,.,as and i, the f llow aefdefi pecial Events Center Revenues to the extent available
f+OM the fle;A, Of fdfl& alidef S et-- A '-'ales Tax Reventie to the extent available ffem the
flow of f,ras „ndef Seel o '' ' • an (3) aft and other City money legally available therefor.
16.3 District Not Responsible for Operation and Maintenance of the
Special Events Center. It is understood that the District shall have no responsibility for the
operation or maintenance of the Special Events Center or for the acts of the City, its employees,
agent, users of the Special Events Center or its or their officers, directors, managers, members or
shareholders, or any party acting by, through or on behalf of any such parties. Even„t to the
extent pfavided by Section theThe District shall not be responsible for Payment of
payment of
' Operation and Maintenance Expenses.
64 SA-Fees, Rates and Charges for Use of Special Events Center. From
and after the completion of the Special Events Center, subject to the terms of the License
Agreement, the City for itself and on behalf of the District shall cause fees, rates and charges to
be fixed, maintained and collected for the use of the services and facilities and all commodities
sold, furnished or supplied by or through the Special Events Center, which fees, rates and
charges shall be adjusted from time tol time as necessary, so that asuch fees, rates and charges
will be at optimal levels to produce to���al Special Events Center Revenues that will at all times be
at least sufficient for the D *r'^*to enable the City to make City Special Events Center Payments
equal to the Required Debt Service, as and when the same shall become due and payable, and to
make all other payments which the District is required to make pursuant the Revenue Bond
Resolution or Sales Tax Bond Resolution and to make any payments required to be made on
account of its Revetitte Bonds as and when the same shall become due and payable.
5.5 Distriet "�rrdministrat}ixPenses. The GAy shall p of feimbafse the
I
10
SOR541R�4
461
thO BOREIS, _HS NVOI-I _PIS i4_q_ 60flfIe6tiOfI with the Distfiet's collection of Sales T_ax-es afid maintenance
r IP1
65 Insurance. The City shall acquire and maintain insurance in form and
amounts consistent with the coverage of comparable special events center facilities and
undertakings related to said facilities as contemplated by Interlocal Agreement No. 1 and shall
name the District as an additional named insured for at least so long as any Bonds remain
outstanding. Such insurance may, without limitation, including self-insurance and/or pool
insurance.
¢ Sale, Transfer or Disposition of the Special Events Center. Neither ,
the City nor the District will sell, transfer or otherwise dispose of (each such sale, transfer or
other disposition a "transfer") any interest in the real or personal properties, facilities or other
part of the Special Events Center that are owned by it, except for a transfer by the City to the
District. unless the conditions of paragraph (1) are satisfied and the transfer is consistent with
one or more of the subparagraphs of paragraph (2), as follows:
(1) The transfer(other than a transfer to the District)
(A) is carried out in a bona fade, arm's-length transaction, atd--
(B) the City or the District, as applicable, receives from the transferee
consideration -receeived f r the tfunsf r i equal to the fair market value of the portion of '
the Special Events Center transferred, for which purpose "fair market value" means the
most probable price that a property should bring in a competitive and open market under
all conditions requisite to a fair sale, the willing buyer and willing seller each acting
prudently and knowledgeably and
(C) the transfer is approved by ordinance of the City or by resolution of ,
the District, as applicable; and
(2) The tfans€fCity or the District in its discretion may carry out a transfer of
facilities or property owned by it that is consistent with one or more of the following:
(A) the facilities or property to be transferred are not material to the
operation of the Special Events Center, or shall have become unserviceable, inadequate,
obsolete or unfit to be used in the operation of the Special Events Center or are no longer ,
necessary, material or useful to the operation of the Special Events Center; or
(B) the Special Events Center Revenues received from the operation of
those facilities or property to be transferred during the twelve full calendar months before
the transfer was less than 10% of total Special Events Center Revenues received during
that same period; er(E)the Distriet and the City zeeeive—afepaft ffem an ,
11
50853I824 ,
47
i, upon the tr-a+isfer of�1-- .-a of the Speeial Events Center- to be tfansfer+ed-
,_gnty and the District will be iH eomplianee ith the
4cee " F@ effietit appheable—to—its Rev 6}3d ing the five fiseal yeah
following the fiseal yeaf whieh the t,atis f r is t, oeeti
The proceeds of any transfer shall be used (i) to promptly redeem, or irrevocably set aside
for the redemption of, the District's outstanding Reven;ie Bonds, and/or (n) to provide for all or
part of the cost of capital improvements and/or additions to or expansions of the Special Events
Center and/or for other regional center or tourism-related facilities authorized under chapters
35.57 and 67.28 RCW, as directed by the City.
' 6.7 Preservation of Tax Exemption for Interest on the Tax-Exempt
Bonds. The City will take all actions necessary to prevent interest on the Tax-Exempt Bonds
from being included in gross income for federal tax purposes, and it will neither take any action
nor make or permit any use of the Special Events Center at any time while Tax-Exempt Bonds
are outstanding which will cause interest on the Tax-Exempt Bonds to be included in dross
income for federal income tax purposes.
Section 7. Seetien C�Dist jict Covenants.
7,1 64-Reporting Requirements. The District shall provide the City (at the
notice address set forth in Section 94�10.4) with a quarterly report summarizing actual financial
activity and financial expectations for the following four quarters.
Z,2 61-Restriction on Issuance of Additional Parity Bonds. The District
shall not issue the Bonds in aggregate principal amounts in excess of $ payable
from Sales Tax Revenue, or in excess of $ payable from
Center District Revenuesj, except as otherwise approved by the City's Finance Director. The
a>nount, terms and conditions of the Bonds must be as approved by the City's Finance Director.
So long as the City is not in default of its obligations under this Agreement, the District shall not
(1) issue any bonds or other obligationns payable from the sales and „se tw atithefized by nGV11
92.'��-Sales Tax, other than the Sales Tax Bonds, without the City's prior written approval;
or (2)borrow money or incur any obligations, without the City's prior written approval.
Section 8. Se Defaults.
$1 Remedies f City on District Default. Upon the occurrence of a
default by the District in its obligations hereunder (a "District Default"), the City may proceed
to protect and enforce its rights in equity or at law, either in mandamus or for the specific
performance of any covenant or agreement contained herein, or for the enforcement of any other
appropriate legal or equitable remedy, as the City may deem most effectual to protect and
enforce any of its rights or interests hereunder. In the event of a District Default, the City may,
without limiting any of its other remedies hereunder, require the District to redeem or defease the
Bonds. The loans made by the City pursuant to Section 3 are not subject to acceleration. The
City's obligation to make loans pursuant to Section 3 will not be affected by a District Default.
II
12
S�K3�82,4
481
$2 Remedies of District Upon City Default. Upon the occurrence of a ,
default by the City in its obligations to make loans to the District hereunder (a "City Default"),
the District may proceed to protect and enforce its rights in equity or at law, either in mandamus
or for the specific performance of any covenant or agreement contained herein, or for the
enforcement of any other appropriate legal or equitable remedy, as the District may deem most
effectual to protect and enforce any of its rights or interests hereunder.
M 7-.3-No Remedy Exclusive. No remedy conferred upon or reserved to
either party by this Agreement is intended to be exclusive of any other available remedy or '
remedies, but each and every such remedy shall be cumulative and shall be in addition to every
other remedy given under this Agreement or now or hereafter existing at law or in equity or by
statute, and either party hereto shall be free to pursue, at the same time, each and every remedy,
at law or in equity, which it may have under this Agreement, or otherwise.
8.4 7:4-No Implied Waiver. No delay or omission to exercise any right or ,
power accruing upon any default shall impair any such right or power or shall be construed to be
a waiver thereof, but any such right and power may be exercised from time to time and as often
as may be deemed expedient. For the exercise of any remedy, it shall not be necessary to give ,
any notice, other than such notice as may be expressly required herein.
Section 9. C^�n8;--Compliance with Continuing Disclosure Requirements. To '
meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission
("SEC") Rule 15c2-12 (the "Rule"), as applicable to a participating underwriter for the Bonds,
the City undertakes for the benefit of holders of the Bonds to provide to each NRMSIR and the '
SID (as those terms are defined in the Rule), the following annual financial information: (i)
annual financial statements for the City prepared (except as noted in the financial statements) in
accordance with generally accepted accounting principles applicable to gove mme t ' tiatt^the
City, as such principles may be changed from time to time, which statements need not be
audited, except, however, that if and when audited financial statements are otherwise prepared
and available to the City they will be provided; (ii) statements of authorized, issued and ,
outstanding general obligation debt of the City; (iii) statements of assessed valuation of property
within the City subject to ad valorem taxation for the fiscal year; and (tv) the ad va ev i fegu of
prepefty tax levy rate and fegulaf p opefty tax levy fate limitzaf the fiseal yemCivl financial '
information and operating data of the type provided in the City's CAFR and included in
Appendix C to the Official Statement prepared in connection with the Sales Tax Bonds and
Revenue Bonds.
Such annual financial information shall be provided not later than the last day of the ninth
month after the end of each fiscal year of the City (currently, a fiscal year ending December 31),
as such fiscal year may be changed as required or permitted by State law, commencing with the
City's fiscal year ending (December 31, 2-9942007. It may be provided in a single or multiple ,
documents, and may be incorporated by reference to other documents that have been filed with
each NRMSIR and the SID, or, if the document incorporated by reference is a "final official
statement" with respect to obligations of the City, that has been filed with the MSRB. ,
The City's obligations under this undertaking shall terminate upon the legal defeasance of
all of the Bonds. In addition, the City's obligations under this undertaking shall terminate if
13
SORs71 R24
49
those provisions of the Rule which require the City to comply with this undertaking become
p q Y pY g
legally inapplicable in respect of the' Bonds for any reason, as confirmed by an opinion of
nationally recognized bond counsel or other counsel familiar with federal securities laws
delivered to the City and the District, and the District provides timely notice of such termination
to each NRMSIR or the MSRB and the SID. To the extent authorized by the SEC, the City may
satisfy this undertaking by transmitting the required filings using http Hwww.disc losureusa.org
(or such other centralized dissemination agent as may be approved by the SEC).
Section 10. Section-9—. Miscellaneous.
10.1 °—Termination. This Agreement shall terminate only upon the
repayment or defeasance of all of the Bonds and the repayment of any obligations owed by the
District to the City under this Agreement, [or to a credit enhancement provider].
0.2 Governing Law; Venue. This Agreement is governed by and shall be
construed in accordance with the laws of the State and shall be liberally construed to carry out
the purposes hereof. Except as otherwise required by applicable law, any legal action under this
Agreement shall be brought in the Superior Court of the State of Washington in and for King
County.
193 93--Joint Exe rcise of Powers; Administrator. The City's and the
District's actions and obligations under this Agreement are declared to be a joint exercise of
powers, privileges and authority under RCW 39.34.030 and RCW 67.28.120. The Board of
Directors of the District and the Kent City Council shall each designate a person to jointly
administer this Agreement. There shall be no joint board with respect to this Agreement.
IM 94Notices. Except as otherwise provided herein, all notices, consents or
other communications required hereunder shall be in writing, delivered as follows:
To the City: Mayor
y
City of Kent
220 Fou�th Avenue South
Kent, WA 98032
With a copy to:
Finance Director
City of Kent
220 Fou�th Avenue South
Kent, WA 98032
14
508E
5J
To the District: Chair, Board of Directors '
The City of Kent Special Events Center Public Facilities District
[220 Fourth Avenue South]
[Kent, WA 98032]
With a copy to:
Finance Director
City of Kent
Ex Officio Treasurer of the District
220 Fourth Avenue South
Kent, WA 98032
10.5 Binding Effect. This Agreement shall inure to the benefit of and shall '
be binding upon the City and the District and their successors.
14,E 9.6--Severability. In the event any provision of this Agreement shall be '
held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
10.,.7 9-.7 Amendments. This Agreement may not be effectively amended,
changed, modified, altered or terminated except by an instrument in writing duly executed by the
City and the District(or their successors in title).
10.8 9-.8-No Rights Created in Third Parties. The terms of this Agreement '
are not intended to establish or to create any rights in any persons or entities other than the City
and the District and the respective successors and assigns of each.
10.9 Execution in Counterparts. This document may be executed in
counterparts, and all such counterparts so executed constitute one agreement binding on all the
parties notwithstanding that all the parties are not signatories to the same counterpart.
10.10 940-Effective Date. This Agreement shall be come effective upon its full
execution.
15
51
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY,
EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT
OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
IN WITNESS WHEREOF, the City and the District have caused this Agreement to be
executed by their duly authorized officers.
CITY OF KENT THE CITY OF KENT SPECIAL EVENTS
CENTER PUBLIC FACILITIES DISTRICT
By By
Mayor Chair
II
ATTEST: ATTEST:
I
Finance Director Treasurer
LApproved as to Form: Approved as to Form:
�I
_ S-I
SORS'i IS?4
52
Form Notice of Insufficiency
City of Kent VIA [FACSIMILE
220 Fourth Avenue South with telephone
Kent,WA 98032 confirmation]]
Attention: Finance Director
Re- NOTICE OF INSUFFICIENCY
City of Kent Special Events Center Public Facilities District Bonds
[Special Events Center Revenue Bonds, 2008 Taxablel
[Special Events Center Sales Tax Bonds, 20081
The undersigned, a duly authorized officer of the City of Kent Special Events Center Public Facilities
District (the "District"), hereby certifies to the City of Kent. Washington (the "City"1, with reference to
the Contingent Loan and Support Agreement (the "Agreement")-dated February [ 1. 2008—by and
between the City and the District, and the above-captioned bonds (the`Bonds"), that:
1. Next Debt Service Payment Date: 20
2. Debt Service Due. Principal $
Interest $
Total $
3. There will be insufficient money available in the [ ] Debt Service Fund on the date
described in clause (1) to make the debt service payments described in clause (21:
Amount expected to be on deposit in the District's [ 1 Debt
Service Fund $
Plus the City Special Events Center Payment the City is expected to
make on , 20 ,pursuant to the Agreement: $
Total available for debt service $
4. Amount of the loan requested is calculated as follows:
Debt service total listed in clause (21: $
Less the amount available for debt service,as listed in clause (31: $
Loan Amount $
Pursuant to Section 3 of the Agreement, the City is requested to make a loan to the District no later than
20 . in the amount listed in clause (4). The City shall cause such amount to be transferred
to the District's Debt Service Fund. in United States Dollars and immediately available funds.
Any capitalized term used herein and not defined shall have the meaning assigned to such term in the
Agreement or, if not therein defined, as defined in the [Bond Resolution]. The individual signing below
hereby represents that he or she is an officer of the undersigned and is duly authorized to execute and
deliver this document.
Dated: , 20
CITY OF KENT SPECIAL EVENTS CENTER
PUBLIC FACILITIES DISTRICT
[Executive Director or designee]
A-1
SORd71R 4
53
Exhibit B
Form Cancellation Notice
City of Kent VIA [FACSIMILE
220 Fourth Avenue South with telephone
Kent, WA 98032 confirmation)]
Attention: Finance Director
Re: CANCELLATION NOTICE
City of Kent Special Events Center Public Facilities District Bonds
�j [Special Events Center Revenue Bonds, 2008 Taxable]
[Special Events Center Sales Tax(Bonds, 20081
City of Kent Special Events Center Public Facilities District (the "District"), hereby certifies to the City
of Kent, Washington (the "City"), with reference to the Contingent Loan and Support Agreement (the
"A reement") dated February [ �, 2008, by and between the City and the District, and the above-
captioned bonds(the`Bonds"l, that
1 Next Debt Service Payment Dafe: 20
2 Debt service due: Principal $
Interest $
Total $
3 There will be sufficient money available in the [ 1 Debt Service Fund on the date
described in clause (1) to make the debt service payments described in clause (2):
Amount expected to be on deposit in the District's [ 1 Debt
Service Fund. $
Plus the City_ Special Events Center Payment the City is expected to
make on 20 ,pursuant to the Agreement: $
Total available for debt service � $
4. The District's Notice of Insufficiency and loan request delivered on 20 is
hereby cancelled
Pursuant to Section 3 of the Agreement, ithe City is requested NOT to make a loan to the District with
respect to the debt service payments described in clause (2)
Any capitalized term used herein and not defined shall have the meaning assigned to such term in the
Agreement or, if not therein defined, as defined in the Bond Resolution] The individual signing below
hereby represents that he or she is an officer of the undersigned and is duly authorized to execute and
deliver this document.
Dated: , 20
CITY OF KENT SPECIAL EVENTS CENTER
PUBLIC FACILITIES DISTRICT
[Executive Director or designee]
II
B-1
50851 IS?4
5�
Exhibit C
Form of Requisition
The undersigned hereby requisitions the following amounts to be paid to the following
parties from the City of Kent Special Events Center Public Facilities District's Saecial Events
Center Project Fund funded with of the proceeds of the District's Special Events Center Revenue
Bonds, 2008 Taxable and Special Events Center Sales Tax Bonds. 2008, pursuant to the
Contingent Loan and Support Agreement (the "Agreement") dated February f 1. 2008, by and
between the City and the District:
1. Name and Address of person (which may be the City) to whom the payment is to be
made:
2. Amount to be paid:
3. The undersigned hereby certifies that the obligation was properly incurred and is a groper
charge against the Special Events Center Project Fund and that the amount requisitioned is due
and unpaid (or has been paid and reimbursement therefor is reguestedl.
4. The undersigned further hereby certifies that the work, material or other purchased item
to which payment relates has been accomplished, delivered or installed in a manner satisfactory
to the City. and that the City has approved the disbursement requested herein. Invoices and other
materials submitted by the supporting this requisition are included herewith.
Dated
ITY OF KENT WASHINGTON
Bv:
C-1
5nUM;a
Kent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 6M
1. SUBJECT: LEVAN WAREHOUSE BILL OF SALE - ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for Levan Warehouse for
216 linear feet of streets, 204 linear feet of storm sewer, 2 catch basins, and
5700 cubic feet of detention pond storage. This project is located at 8711 S 222nd
Street.
f 3. EXHIBITS: Bill o 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
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
KENT
WASHINGTON
'I MAIL TO:
ENGINEERING DEPARTMENT
ATTN:
220 4T"AVENUE SOUTH
KENT,WASHINGTON 98032
PROJECT: Layoa WPAF-4ousSC
LOCATION:
TAX ACCT NO: l 7 57 000 I50
BILL OF SALE � � A l
� � R �r Zo3 I �}-S`5
CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made thus 1(-04' day of TPoavAg-�( 200e , by
and behieen �TRG PP L- Rf,SR (y ,
hereinafter called "Grantors", and City of Kent,a municipal corporation of King County, State of
Washington,hereinafter 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 N�ith a total of gate valves at S
each, hydrants at$ each and/or any other
appurtenances thereto.
No NiF'
ON FROM TO
(street,esmt, etc)
Including linear feet at S per LF of
(size & type) waterline.
B. SANITARY S .W .RS: Together with a total of manholes at
$ each and /or any other appurtenances thereto.
i
I of 4
Bill of Sale
ON FROM TO
(street,esmt,etc)
Including linear feet at $ per LF of
(size & type) sewer line.
C. STREETS: Together with curbs,gutters,sidewalks, and I or any other appurtenances
thereto.
ON FROM TO
(street, esmt,etc) SR iU-1 Went (� 240 I
!S. 22.?� ST. T`'
Including ZI CO centerline LF at $ 75_ per LF ofCOMPAEPj--AAk—
(type) streets, 32 Feet asphalt roadway. No Sk txa )Aor-
D. STORM SEWERS: Together with a total of manholes at $
each or a total of 2 catch basins at$ fdso each,
LF of biofiltration Swale or drainage ditch with a total cost of$ ,
z5-700 CF of detention pond storage with a total cost of$ LSO,Cx00 ,and/or any
other appurtenances thereto.
ON FROM TO
(street, esmt, etc) r.
S. 2zz� ST. SFZ tlP? (.�9esf 040
Including linear feet at per LF of IZ
(size& type) P"4c- 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 /(vim day of <!A*ccA ,200 _.
2 of 4
Bill of Sale
STATE OF WASHINGTON )
SS
COUNTY OF KING )
On this /(fl day of 4�Gc t ,20�, before me, the
undersigned A Notary Public i� and for the State of ashington, duly commissioned and
sworn, Personally appeared ;j.4 Ca Pi4L s,ucri-� i3,9.js ,z-q- 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 5-�.. 20 69
rr�k_!5y-Cz-c,cx�
Notary Public in and for the
' [► State of Washington, residing at
S/lr
My Commission ExpiresaL
rU30 �►�
The Bill of Sale is given and accepted pursuant to a motion duly made seconded and
b i P P Y
passed by the City Council of the City of Kent, King County, Washington, on the
day of ,20
1
3 of 4
Bill of Sale
1
ADDENDUM TO BILL OF SALE
CITY OF KENT
The figures used on the Bill of Sale for L eA ra ts W 1\Ra"o0 s-r-_
COmme-Ac-iArt- project dated (012410(0 ,were
based on the "As-Built" Engineering Plans dated _llILOd3 , for
the same said Lexip" (.,t9 P�RGHou!�-r— project.
7P,MF_S S 3-6 the
undersigne P.E. or land surveyor is the person responsible for the preparation of the Bill
d ' n C9 P, G I try E-F_R,t" G
of Sale an is a employee of — , the firm
responsible for the preparation of the "As-Built" Engineering Drawings.
1_4�� � aasp�� I
Si ature
4 of 4
Bill of Sale
Kent CityCouncil Meeting
9
Date February 19, 2008
Category Consent Calendar - 6N
1. SUBJECT: WEST VALLEY OFFICE/RETAIL BILL OF SALE - ACCEPT
i
2. SUMMARY STATEMENT: Accept the Bill of Sale for West Valley Office/Retail
I for 1 gate valve and 1 hydrant. This project is located at the northeast corner of
681h Avenue South and South 2041h Street.
i
i
1
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
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
9 y
KENT
W A S H I N G T O N
MAIL TO:
ENGINEERING DEPARTMENT
ATTN: heather Thomas
220 4"'AVENUE SOUTH
KENT,WASHINGTON 98032
PROJECT: West Vallev Office/Retail
Bldg./KIVA No.2061169
LOCATION: NEC of 68`I'Ave. S. &South
2001 Street
TAX ACCT NO: 012204-9053
BILL OF SALE
i
CITY OF KENT
KING �7OUNTY, WASHINGTON
THIS INSTRUMENT made this day of 20 ,by
and betweenfil
hereinafter called"Grantors", and City of Kent, a municipal of King County, State of
Washington,hereinafter called"Grantee
WITNESSETH:
That the said Grantors for a valuable consideration, does hereby grant,bargain,sell to
Grantee the following described impro ements:
A. WATERAIAINS: together with a total of 1 —6-inch gate valves at$500,00
each, 1 hydrants at$2,I, 00.00 each and/or any other appurtenances thereto.
I
ON FROM TO
(street, estnt, etc) West Valley Highway 68`h Ave S) 9-feet east of east driveway for project
Including linear feet at$ per LF of
(size& type) waterline.
13. SANITARY SEWERS:.WERS: Together with a total of manholes at
$ each and/or any othe r� appurtenances thereto.
1 of4
Bill of Sale 11481 010 doc
ON FROM TO
(street, esmt, etc) ,
Including linear feet at$ per LF of
(size&type) sewer line.
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. STORM SEWERS: Together with a total of manholes at$
each or a total of catch basins at$ each, LF of
biofiltration 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, 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`FITNESS WHEREOF,the undersigned has caused this instrument to be executed on
this t�l da Hof TC ��ilf ,20
2 of 4 '
Bill of Sale 11481.010 doc
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this ��� day of- C'�c 1ikji�?L,20 C, ? , before me,the
undersigned A Notary Public in and for the State of Washington, duly commissioned and
sworn,Personally appeared ��� �_,(._ -�t�- 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.
r�F
GIVEN under my hand and official seal this i r; day of ter-17 /1 20 C'l
Notary Public in and for the
State of Washington,residing at
My Commission Expires:
J'f(y*"
The Bill of Sale is given and ac epted 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
3 of 4
Bill of Sale 11481 010.doe
ADDENDUM TO BILL OF SALE
CITY OF KENT
The figures used on the Bill of Sale for West Valle Office/Retail Buildin
b
project dated 11/21/06 , were
based on the "As-Built"Engineering Flans dated 11/26/07 ,for '
the same said West Valley Office/Retail project.
Dan Balmelli the
undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill
of Sale and is an employee of Bargliausen Consulting Engineers, Inc. ,the firm
responsible for the preparation of the"As-Built'Engineering Drawings.
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Signature
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4 of 4
Bill of Sale 1148I.010 doc
Kent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 60
1. SUBJECT: VERDANA PLANNED UNIT DEVELOPMENT ORDINANCE - ADOPT
(QUASI JUDICIAL PROCEEDING)
2. SUMMARY STATEMENT: Adopt Ordinance No. which adopts the
Hearing Examiner's Findings, Conclusions, and Revised Recommendation relating
to the Verdana Planned Unit Development major modification application.
On February 5, 2008, the Council voted to adopt an ordinance affirming the
Hearing Examiner's recommendation to deny without prejudice the proposed
major modification of the Verdana Planned Unit Development. The applicant,
Kent 25, LLC, proposed construction of a Neighborhood Convenience Commercial
development within a Future Development Tract of the approved PUD. The Future
Development Tract is 13.3 acres located at the northwest corner of 1241h Avenue
Southeast and Southeast 3041h Street in Kent. The site is zoned Single Family
Residential, one unit per acre. The Kent Hearing Examiner held a Public Hearing
on November 7, 2007, and on January 17, 2008, issued Findings, Conclusions and
a Revised Recommendation of denial without prejudice. This Ordinance adopts
the Hearing Examiner's Findings, Conclusions, and Revised Recommendation.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure No Revenue No
Currently in the Budget Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
i
II
1
jORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kentl Washington, relating to land use and
zoning, spec'fically denying a major modification of
the Verdana Planned Unit Development located at
12200 SE 3I041h Street, Kent, Washington (PUD-
2004-4(R)).
ERECITALS
A. An application was filed on September 12, 2006, for a major
modification to the Verdana Planned Unit Development (PUD), PUD-2004-
4(R), which was originally approved by the hearing examiner on February
15, 2006. The modification proposed to construct a Neighborhood
Convenience Commercia development within the Future Development
Tract of the existing PUD.
B. The City's SEPA responsible official issued a Revised Mitigated
Determination of Nonsi Ignificance (RMDNS) (#ENV 2006-70) for the
proposed PUD modification on October 16, 2007.
C. An open record hearing on the PUD modification was held
before the hearing examiner on November 7, 2007, and the hearing
1 examiner issued findings, conclusions, and a recommendation revised
January 17, 2008 Revised Recommendation"). The Revised
I
1 Verdana PUD —
Major Modifications
Recommendation, attached as Exhibit A and incorporated herein, analyzed
the criteria for a residential PUD in Kent City Code 15.08.400(G)(2) and
concluded that "[a]lthough the proposed senior care facility may have a
beneficial effect which would not normally be achieved by traditional lot-by-
lot development, the proposed commercial development as a whole would
be detrimental to existing or potential surrounding land uses as defined by
the comprehensive plan." The hearing examiner recommended denial
without prejudice of the PUD modification.
D. On February 5, 2008, the city council voted to adopt the
Revised Recommendation and to deny the proposed Verdana PUD major
modification without prejudice.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Recitals Incorporated as Findings. The foregoing
recitals, which are incorporated by this reference, constitute the council's
findings and conclusions on this matter. ,
SECTION 2. - Denial. The major modification of the Verdana PUD i
filed September 12, 2006 (KIVA #RPP4-2064281) is denied without
prejudice.
SECTION 3. - Severability. If any one or more sections, sub-
sections, or sentences of this ordinance are held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion
of this ordinance and the same shall remain in full force and effect.
2 Verdana PUD -
Major Modifications
SECTION 4, - Effective Date. This ordinance shall take effect and
be in force five (5) days from and after its publication as provided by law.
i
SUZETTE COOKE, MAYOR
1
ATTEST:
1 BRENDA JACOBER, CITY CLERK
iAPPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2008.
APPROVED: day of , 2008.
PUBLISHED: day f , 2008.
I hereby cetify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and
approved by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\Civil\Ordinance\Verdana-PUDMajorModificationDenial doc
3 Verdana PUD -
Major Modifications
Kent City Council Meeting
Date_ February 19, 2008
Category Consent Calendar - 6P
1. SUBJECT: CRISIS INTERVENTION COORDINATOR CONTRACT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services
Agreement with Pat Ellis, Jr., Crisis Intervention Coordinator, as an independent
contractor to provide crisis intervention to individuals affected by public safety
emergencies, at the request of officers in the Kent Police and Fire Departments.
These services are available to City of Kent employees as well as citizens in our
community. As Crisis Intervention Coordinator, Pat Ellis, Jr. responds to calls
received from Police and Fire officers 24 hours a day, 7 days a week.
The contract has been reviewed and approved by the City Attorney's office.
i
3. EXHIBITS: Consultant Services Agreement
1 4. RECOMMENDED BY: Public Safety Committee, 2/5/08 and Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure X Revenue
Currently in the Budget Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
•
KEN T
WAS H I N G T O N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
i
Pat Ellis, Jr.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Pat Ellis, Jr. organized under the laws of the State of Washington, located and
doing business at 24821 234t" Place SE Maple Valley, WA 98038, telephone number 206-534-3918
(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:
Provide crisis intervention to indi�iduals affected by events attendant to public safety
emergencies, at the request of office Irs in the Kent Police and Fire Departments, as further
described in the scope of work attached and incorporated as Exhibit A. These services are
generally intended to comfort, support, and provide emotional relief to victims and to otherwise
aid emergency workers. The Consultant shall be available 24 hours daily, 7 days a week, and
will respond within 12 hours of being called.
Consultant further represents that they 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 wo k described in Section I by December 31, 2008.
111. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $25,000
during the contract term for the services described in this Agreement. This is the maximum
amount to be paid under this Agreement for the work described in Section I above, and shall not
be exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
for a period of one (1) year from the effective date of this Agreement.
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
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion. _
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 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 jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. l
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
IX. EXCHANGE OF INFORMATION. The Citywill provide its best efforts to provide
p
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
' under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records �ubinitted by the City to the Consultant will be safeguarded by the
1 Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
m The city's use or reuse of any of the docuenits, 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 approv �I 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�roduct.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King OCounty'
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 additiOon to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
g g g
addresses listed on the signature page of then 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.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
E. Assignment. An assignment of this Agreement b either art without the written consent of
� Y g g Y party
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement ,
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By: '
(signature) (signature)
Print Name: Print Name: Suzette Cooke ,
Its Its Mayor
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Pat Ellis, Jr. Jim Schneider, Fire Chief i
24821 234t" Place SE City of Kent
Maple Valley, Wa 98038 220 Fourth Avenue South
Kent, WA 98032
206-534-3918 (telephone)
(253) 856-4300 (telephone)
(253) 856-6300 (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.
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;
1 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.
L 3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicatingn commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- I
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any '
given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2 ,
1
CITY OF KENT
EQUAL EMPLOYMENT OPjPORTUNITY 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-ineentioned company was the prime contractor for the Agreement
known as that was entered into on the (date)
1 between the firm I represent and the City of Kent.
I declare that I complied full with all of tl�he requirements and obligations as outlined in the City of Kent
p Y �, q g Y
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
l
Dated this day of 1200 .i
i
By:
For:
Title:
Date.
II
ill
I
i
EEO COMPLIANCE DOCUMENTS-3
i
E1,NIBr
Crisis Intervention Coordinator
As the Crisis Intervention Coordinator, I respond at the request of the Kent Fire
Department and/or the Kent Police Department to work with the emotional needs of
people involved in a traumatic incident. My primary task is to provide assistance to
community members affected by such events as a source of comfort and support by being
a resource providing the necessary information needed at the time of the incident which
often times reduces the severity of the situation.
Since these types of events are never scheduled, I am available on call 24 a day, 7 days a
week to respond in accordance to the response policies and procedures set forth by the
Kent Fire and Police Departments. (A non-emergency response)
My responsibilities include but are not limited to;on-scene grief counseling,performing
death notifications, crisis intervention,providing information to families about death
situations,working as a liaison'between families and fire department personal, law
enforcement personal, Medical Elxarnmer Investigators,and local funeral homes.
I also assist families with the process of dealing with the death of a family member by
helping with funeral home arrangements, saying their last good byes,how to tell family
members such as small children, and information on assistance and what steps have to be
taken next. Many families are simply not prepared for these kinds of events and having
someone there to help them with the process greatly reduces the stress and anxiety that
they are experiencing.
Another task I have as the Crisis Intervention Coordinator is to be a resource for
employees of the City of Kent when a traumatic incident takes place in their family or on
the job. My responsibilities includde but are not limited to regular visits to the fire
stations,police station and the jail facility. This requires involvement in the life of the
departments by attending briefings,functions,ceremonies, training events, and other
activities.
Other responsibilities as the Crisi Intervention Coordinator include working with Kent's
Emergency Management Office in teaching the Disaster Psychology class as part of the
CERT Program(Community Emergency Response Team) and working with the Police
Department's Peer Support Team as a member and a resource. Another responsibility is
to assist the Public Information O icers of both departments as a liaison with the Kent
School District. I also help coordinate Critical Incident Stress Debriefings and Critical
Incident Stress Management with both police and fire personal and community members.
This includes teaching Critical Incident Stress Management to Fire Recruits. I participate
in presentations such as the Gift of Life Program at Local High Schools by playing a part
in the role play of a drunk driving crash scene and then speaking during the following
assembly about the effects on the family as a result of drunk driving. This role also
includes participating and attending various city functions as requested by department
heads and event organizers.
r
rKent City Council Meeting
Date February19, 2008
Category Consent Calendar - 60
1. SUBJECT: WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
1 TRAFFIC SAFETY GRANT, $3,000 - ACCEPT
2. SUMMARY STATEMENT: Accept the Washington Association of Sheriffs and
Police Chiefs Grant for $3,000 to purchase one Stalker LIDAR-C (laser) speed
measurement unit for the Kent Police Department's Traffic Unit.
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3. EXHIBITS: Award letter from WASPC dated 1 25 08
4. RECOMMENDED BY: Public Safety Committee 2/12/08
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure X Revenue X
Currently in the Budget Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
rDISCUSSION:
ACTION:
r
r
WASHINGTON ASSOCIATION OF SHERIFFS
& POLICE CHIEFS FS
3060 Willamette Drive NE Lacey,WA 98516 Phone.(360)486-2380—Fax-(360)486-2381 —Website www waspe.org
Serving the Law Eqforceinent Communuv and the ittzens of Washington
January 25, 2008 a Asa
Chief Steven Strachan
Kent PD
220 4th Ave S
Kent WA 98032
I
Dear Chief Strachan:
raffle Safety Grant. We are pleased to inform you that Thank you for applying for a WASPC T
your agency has been approved to receive the following:
' ✓ $3000 1 LIDAR
The Federal Identification number for'his grant is CFDA#20.600. Invoices must be submitted
t WASPC no later than May 1 2008. An invoices not received b the deadline of be
o W S y y y will n
reimbursed and the award money will be forfeited. Please note: WASPC is responsible for the
amount of your grant award only. Any expense in excess of the grant award must be paid by
your agency.
A report is required for each Equipment,Mini &Multi jurisdictional grant received by your
department. The 2007-2008 Traffic Grant reports are due by October 15, 2008. Failure to
report will result in denial of 2008—2009 grant funds. For your convenience, the report form
is enclosed with this letter. Your agency is responsible for subscribing to the following
commitments:
• Support statewide/national traffic safety initiatives,projects, and programs
• Report grant results to WASPC in a timely manner
• Subscribe and commit to aggressive traffic enforcement
Thank you for your dedication to traffic safety in the State of Washington. If you have any
questions please contact Heidi Hughes at(360) 486-2380. If you would like more information
regarding state or federal traffic safety grant funding,please contact the Washington Traffic
Safety Commission at(360) 753-6197.
Sincerely,
Don Pierce
Executive Director, WASPC
Picsdent $es�cnt Ekct Vtce President Past PreS4.1a �cazura
RICHARD LATIUM COLLEEN WILSON X DtDION RANDALL CARROLL BRUCE BJORK
Shenff—Fn[nldrn County Chief—Pori of Scathe Shenfff—pacific County Chief—Bellingham Chief—W4 Fish&Wildlife
Executive Board
SCOTT SMITH TOM SCHLICKER MIKE KLINE JOHN BATISTE SAMUEL GRANATO
Chief—rulalip Chief—Swinomish Marshal—US ff—hal,,FD-WA Chief—WA Scare Patrol Chief Yabma
MIKE HUMPTIREVS MI"HARUM SUE RAHR LAURA LAUGHLIN DONALD PIERCE
Shen/j—iVrs!ln Wnlln County Sheriff--Chclan County Sher(fj—Kurg Cowuy MC—FBI,Sea[r1e Srecunvc Ovecror
1
rKent City Council Meeting
Date February 19, 2008
Category Consent Calendar - 6R
1. SUBJECT: SEWER MASTER PLAN CONSULTANT AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement with
I URS Corporation for engineering consultant services for the City's Sanitary Sewer
Master Plan in the amount of $136,561.44, upon terms and conditions acceptable
to the Public Works Director and City Attorney.
On January 7, 2008, the Public Works Committee approved a contract with URS
Corporation for consultant work on the Sewer Master Plan. The contract amount
approved by the Committee was $139,117.28. Unfortunately, when the contract
was placed before the full Council at its January 15, 2008 meeting, the cover
sheet contained a typographical error, dropping the number "9" in the bid
r amount, which resulted in Council only approving $13,117.28 for the work as
opposed to $139,117.28.
r This item is being placed before Council again in order to obtain approval of the
full contract amount. In addition, the cost of the work is slightly lower than
originally anticipated. Therefore, staff seeks Council's approval of the contract
with URS Corporation in the amount of $136,561.44.
3. EXHIBITS: Consultant Services Agreement
4. RECOMMENDED BY: Public Works Agreement
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure X Revenue
Currently in the Budget Yes X No
r6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
1
rDISCUSSION:
ACTION:
r
r
i I,I
1 I�
' KENT
W A S H I N G T O N
CONSULTANT SERVICES AGREEMENT
1 between the City of Kent and
URS Corporation
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and URS Corporation organized under the laws of the State of Washington, located and
doing business at 1501 4th Avenue, Suite 1400, Seattle, WA 98101-1616, Phone: (206) 438-2700/Fax: (206)
438-2699, Contact: Kris Turschmid (heremaftler the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The Consultant shall develop and evaluate alternatives for wastewater transfer or treatment for
the City to reduce the flows into tl�e King County Wastewater Collection System. For a
description, 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
' P g
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 July 15, 2008.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Hundred Thirty Six Thousand, Five Hundred Sixty One Dollars and forty four cents
($136,561.44) for the services described in this Agreement. This is the maximum amount to be
' paid under this Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and executed
amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for
its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one
(1) year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
B. The Consultant shall submit monthly payment Y a ment 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 1
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the '
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this '
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is ,
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 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 jurisdiction determine that this Agreement is subject to RCW 4.24.115, '
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The Citywill provide its best efforts to provide
p
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
' drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, (documents, and files available to the City upon the City's request.
The eity's use or reuse of any of the documenits, 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 a%iid recyclable products whenever practicable. A price preference
may be available for any designated recycled 'product.
' B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in additipn 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
V1I of this Agreement.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
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 I
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent. '
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. '
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the ,
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in ,
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below. ,
CONSULTANT: CITY OF KENT:
1
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Tale) (Title)
DATE: DATE:
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Kris Turschmid Larry R. Blanchard
URS Corporation City of Kent
1501 4th Avenue, Suite 1400 220 Fourth Avenue South
Seattle, WA 98101-1616 Kent, WA 98032
(206) 438-2700 (telephone) (253) 856-5500 (telephone)
(206) 438-2699 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
' Kent Law Department
' URS-Wastewater Shady/Vesper
III
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II
i
CONSULTANT SERVICES AGREEMENT-5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of ,
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows: '
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability. '
3. During the time of this Agreement the prime contractor will provide a written statement to all new ,
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of '
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime ,
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200
By:
For:
Title:
Date:
1
EEO COMPLIANCE DOCUMENTS- 1
CITY OF KENT
ADMINISTRATIVE POLICY
' NUMBER: 1.2 EFFECTIVE DATE- January 1, 1998
II
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 Agr ieements with the City amounting to $10,000 or more within any
Mgiven year, must take the following affirmative steps-
1. Provide a written statement to all new lemployees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
I
Any contractor, subcontractor, consultant or s'u pplier 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 appoIIinted 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.
�I
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EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT '
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
1, the undersigned, a duty represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement '
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent. '
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of 1200
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
Kent City Council Meeting
Date February 19, 2008
Category Other Business - 7A
1. SUBJECT: REGIONAL JAIL STUDY COST
2. SUMMARY STATEMENT: The cities of Renton, Auburn, SeaTac, and
Federal Way are studying the feasibility of building and operating a regional jail in
south King County. The need for this study is that King County and Yakima
County will be terminating their contracts for jail beds with these cities in the next
' few years. As a result, there is a need to look at options for jails for these cities.
Kent has been asked to participate in the study. Kent staff have developed plans
to either add to our current jail or build a new Jail in Kent to accommodate future
growth. Staff believes it would be of value to join in this study of a regional
facility to determine the most cost effective option to address future jail needs for
Kent. The Operations Committee reviewed this proposal and is recommending
' that Kent participate in the study and that up to $40,000 be approved for the
study.
3. EXHIBITS: None
4. RECOMMENDED BY: Operations Committee, CAO and Police Chief
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure $40,000 Revenue
Currently in the Budget, Yes No X
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
to authorize the Kent Police Department to participate in a regional jail study, not
to exceed $40,000.
DISCUSSION: 0-V
ACTION:
Kent City Council Meeting
Date February 19, 2008
Category Other Business - 7B
1. SUBJECT: VALLEY CITIES AND FOREVER GREEN MEMORANDUM OF
UNDERSTANDING
2. SUMMARY STATEMENT: The Mayor is requesting authorization to sign the
Memorandum of Understanding between the Valley Cities and Forever Green for a
Regional Trail System. Valley Cities consists of Algona, Auburn, Fife, Kent,
Pacific, Puyallup, Renton, Sumner and Tukwila.
This MOU will allow Forever Green to work toward linking the Interurban Trail
through Algona and Pacific to the foothills trail in Sumner. This linkage will enable
cyclists, walkers and runners to connect from Lake Washington to the foothills of
Mount Rainier.
Signing of this MOU will provide Kent residents with an outstanding pathway from
Lake Washington to Mount Rainier.
' 3. EXHIBITS: Memorandum of Understanding
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 X
6. CITY COUNCIL ACTION:
Councilmember G moves, Councilmember seconds
to authorize the Mayor to sign the Memorandum of Understanding between the
Valley Cities and Forever'Green.
DISCUSSION: "
ACTION: C--
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
Phone 253-856-5700
Fax 253-856-6700
• Address 220 Fourth Avenue S.
K E N T Kent,WA 98032-5895
WASHINGTON
TO: Debbie Raplee, Council President
City Council Members
FROM: Suzette Cooke, Mayor
DATE: February 19, 2008
RE: Memorandum of Understanding
I am requesting your approval of my signing the Memorandum of Understanding
between the Valley Cities and Forever Green for a Regional Trail System.
Valley Cities consists of Algona, Auburn, Fife, Kent, Pacific, Puyallup, Renton,
Sumner and Tukwila.
This MOU will allow Forever Green to work toward linking the Interurban Trail
through Algona and Pacific to the foothills trail in Sumner. This linkage will enable
cyclists, walkers and runners to connect from Lake Washington to the foothills of
Mount Rainier.
I support the signing of this MOU as it will provide Kent residents with an
outstanding pathway from Lake Washington to Mount Rainier.
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES
OF ALGONA, AUBURN, FIFE, KENT, PACIFIC, PUYALLUP,
RENTON, SUMNER, AND TUKWILA each Washington Municipal
Corporations, (hereinafter Valley Cities) AND FOREVER GREEN ,
an charitable non-profit entity under Title 26, U.S.C. § 501(C)(3)
(hereinafter Forever Green)
WITNESSETH:
WHEREAS, the governing bodies of the Valley Cities and Forever Green
are mutually interested in supporting a regional trail system that will assist in
creating a healthy vibrant region; and
WHEREAS, the Valley Cities and Forever Green are authorized, pursuant
to RCW 39.34, to enter into agreements with each other and to do any and all
things necessary to meet the respective obligations of their agencies;
WHEREAS, the Valley Cities and Forever Green recognize the future
health and economic value of completing the interurban trail; and
WHEREAS, the Valley Cities and Forever Green desire to work
cooperatively toward the linkage of the Interurban Trail through Algona, Pacific to
the "foothills"trail'in Sumner; and
WHEREAS, the trial linkage will enable cyclists, walkers and runners to
connect from Lake Washington to the foothills of Mount Rainier; and
WHEREAS, the Valley Cities have recognized over the years that through
cooperation, these lands can be used to meet the broader regional needs related
to transportation and recreation, more than any individual entity could provide
separately.
NOW, THEREFORE, the Valley Cities and Forever Green hereby agree to
cooperate with each other in carrying out the necessary steps to complete the
Memorandum of Understanding
Page 1 of 2
1
Interurban Trail, and to meet as regularly as appropriate and to negotiate the
terms and identify steps necessary to accomplish such project. Each entity to this
Memorandum of Understanding shall identify an individual to represent such
entity and shall be the participating representative of such agency in the
negotiation efforts and in the steps necessary to accomplish the tasks
contemplated and to promulgate and forward for full ratification by the
participating agencies and all contracts, grants, agreements or memorandums of
understanding in support thereof.
CITY OF ALGONA CITY OF AUBURN
Date Date
CITY OF FIFE CITY OF KENT
Date Date
CITY OF PACIFIC CITY OF PUYALLUP
Date Date
CITY OF RENTON CITY OF SUMNER
Date Date
CITY OF TUKWILA FOREVER GREEN
Date Date
Memorandum of Understanding
Page 2 of 2
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE /
F. PUBLIC SAFETY COMMITTEE
TV" Nm
G. PUBLIC WORKS
H. ADMINISTRATION
REPORTS FROM SPECIAL COMMITTEES
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KEN T
W A 5 H I N O T O N
OPERATIONS COMMITTEE MINUTES
JANUARY 15, 2008
Committee Members Present: Debbie Raplee, Les Thomas and Tim Clark
The meeting was called to order by Chair Tim Clark at 4:08 p.m.
1 1. APPROVAL OF MINUTES DATED DECEMBER 4, 2007
Debbie Raplee moved to approve the minutes of the December 4, 2007,
Operation Committee meeting. Les Thomas seconded the motion, which
passed 3-0.
' 2. APPROVAL OF VOUCHERS DATED DECEMBER 15, 2007 AND DECEMBER 31,
2007
Finance Director Bob Nachlinger presented the vouchers for December 15, 2007 and
December 31, 2007, for approval.
Debbie Raplee moved to approve the vouchers dated December 15, 2007 and
December 31, 2007. Les Thomas seconded the motion, which passed 3-0.
3. TOWN SQUARE PLAZA UPDATE
Parks and Community Services Director Jeff Watling presented an update on the Town
Square Plaza. Mr. Watling explained that sewer, water, electricity and storm drainage
utilities had to be modified and changed, and that a sizable portion of soil was unsuitable
and had to be exported or treated. He noted that two challenges are currently
impacting completion: the mechanical chase and restroom building, and interpretation
of the electrical code pertaining to the water fountain. He spoke in detail about these
challenges, and said they are working through them. Watling then reported on the
project budget and schedule, noting that change orders are expected to exceed the
usual 10% contingency but that funds are available in the Parks CIP fund. He said the
opening is scheduled for June in time to host the Farmers Market, Cornucopia Days and
other summertime functions.
21
Operations Committee Minutes
January 15, 2008
Page: 2
4. INTERLOCAL AGREEMENT WITH SEATTLE SOUTHSIDE VISITORS SERVICES
Economic Development Manager Ben Wolters presented the Interlocal Agreement with
Seattle Southside Visitors Services. Wolters requested approval of a new interlocal
agreement with Seattle Southside Visitors Services for promotion of tourism in the area.
He noted that this collaboration has been very position over the years. He pointed out
that this contract would be for one year, but would automatically renew each year unless
either party decides to withdraw. Tim Clark explained the work of Seattle Southside
Visitor Services and their partnership with the City. '
Les Thomas moved to recommend for approval to the City Council the
Interlocal Agreement for Tourism and Marketing Services between Seattle
Southside Visitor Services and the City of Kent and to place it on Other
Business for the January 15, 2008, City ,Council meeting. Debbie Raplee
seconded the motion, which passed 3-0. '
The meeting adjourned at 4:32 p.m.
,y Brenda Jacober, C Clerk
Acting Operations Committee Secretary
i
KENT
--- -- WASHING- -i N_
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
January 8, 2008
COMMITTEE MEMBERS: Bob O'Brien, Les Thomas, and Ron Harmon,Chair
The meeting was called to order by Chair Ron Harmon at 5:03 PM.
• Les Thomas's absence was excused and Tim Clark attended in his place.
1. Approval of Minutes
Bob O'Brien moved to approve the minutes of the November, 2007
meeting.
The motion was seconded by Tim Clark and passed 3-0.
2. DSHS Divison of Alcohol and Substance Abuse, $500 stipend -
ACCEPT
Police Captain Mike Painter explained the proposed use of funds.
Tim Clark moved to authorize the Kent Police Department to accept
the DSHS grant in the amount of $500.
The motion was seconded by Bob O'Brien and passed 3-0.
3. Washington Association of Sheriffs and Police Chiefs, $9,000 grant -
AUTHORIZE
Captain Painter explained the purpose of the grant application.
Bob O'Brien moved to authorize the Kent police Department to apply
for a grant in the amount of $9,000 from Washington Association of
Sheriffs and Police Chiefs.
The motion was seconded by Tim Clark and passed 3-0.
4. King County Public Entity Services Contract 2008 - AUTHORIZE
Captain Painter and Deputy City Attorney Pat Fitzpatrick explained the
contract services and answered questions from the committee members.
Tim Clark 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 15, 2008 Council Meeting, and that the Mayor be authorized
to sign said contract.
The motion was seconded by Bob O'Brien and passed 3-0.
S. Code Enforcement — Changes to Code — INFO ONLY
Deputy City Attorney Pat Fitzpatrick spoke about some upcoming city code
enforcement changes that will affect property owners who don't maintain
their property. A process may be created for violators to either pay their
fines or attend a hearing. Unpaid fines may be sent to a collection agency.
Although the current system for violations works 98% of the time, the
remaining 2% involves a tremendous amount of attention and time. The
police department's Neighborhood Response Team, along with the Code
Enforcement Officers, will work together to build better relationships with
property owners, including apartment complexes.
Pat Fitzpatrick was asked to bring updated information to a future meeting.
The meeting adjourned at 5:29 PM.
Jo Thompson
Public Safety Committee Secretary
Public Safety Committee Minutes 2
January 8, 2008
1
PUBLIC WORKS COMMITTEE MINUTES
DATE FOR JANUARY 22, 2008
Committee Members Present: Committee Chair Deborah Ranniger and Committee
Member Ron Harmon were present. Debbie Raplee was absent. The meeting was called
to order at 5:05 p.m.
Due to Councilmember Raplee's absence the meeting started with Item 10.
ITEM 1 — Approval of Minutes Dated January 7, 2008:
Committee Member Harmon moved to approve the minutes of January 7, 2008.
The motion was seconded by Ranniger and passed 3-0, with councilmember
Raplee's concurrence.
ITEM 2 — Funding Authorization/Willis Street Grade Separation:
Mark Howlett, Design Engineering Manager summarized that the City's Willis Street
Grade Separations Project will grade separate the roadway from the railroad tracks at
both the Burlington Northern Santa Fe (BNSF) and Union Pacific Railroad tracks.
The federal funds that the City was successful in obtaining, each in the amount of
$342,190, authorize for the design phase of the City's Willis Street Grade Separations
Project. In order to be reimbursed for project expenses, the City must accept the grant
and authorize the establishment of the budget.
Harmon moved to recommend that Council accept the Federal Grant for the
Design Phase of the Willis Street Grade Separations Project in the amount of
$684,380 and establish a budget for the funds to be spend within said road
improvement project upon concurrence of the language therein by the City
Attorney and the Public Works Director. The motion was seconded by Ranniger
and passed 3-0, with councilmember Raplee's concurrence.
ITEM 3 — LID 360: SE 227th Place Sanitary Sewer Proiect:
Mark Howlett, Design Engineering Manager summarized that the City of Kent received a
petition for the installation of sanitary sewers on 227th Place SE east of 116th Ave SE in
the residential plat of Sunny Hill (platted in 1962). The septic systems in this plat have
exceeded their life expectancy. The area owners have been contacted and are in
support to proceed with the L.I.D. formation. The project is outside the Kent City limits
but is within Kent's sewer service area and the City's Potential Annexation Area.
The construction has been completed and accepted by City Council on October 10, 2007.
We are now ready to finalize the L.I.D. The final assessment per property is
$25,168.86.
Harmon moved to recommend that the City Council set a public hearing date on
the confirmation of the final roll for Local Improvement District (LID) 360. The
motion was seconded by Ranniger and passed 3-0, with councilmember
Raplee's concurrence.
ITEM 4 — Consultant Contract/Olvmpic Environmental:
Mike Mactutis, Environmental Engineering Manager summarized that the consultant
contract agreement for Olympic Environmental Resources in the amount of $63,400 is
for implementing special programs, education and outreach for the City's waste
reduction and recycling program, benefiting the citizens and businesses of Kent. A brief
discussion ensued with staff answering all questions.
Page 1 of 3
2
PUBLIC WORKS COMMITTEE MINUTES
DATE FOR JANUARY 22, 2008
Harmon moved to recommend authorization of the Mayor to sign the Olympic
Environmental Resources Contract Agreement for Waste Reduction and
recycling Activities and Programs for 2008 in the amount of $63,400, upon
concurrence of the language there in by the City Attorney and Public Works
Director. The motion was seconded by Ranniger and passed 3-0, with
councilmember Raplee's concurrence.
ITEM 5 - Consultant Contract/Geomatrix Feasibility Study:
Mike Mactutis, Environmental Engineering Manager summarized that the consultant
contract agreement for Geomatrix Consultants, Inc., in the amount of $99,940 is for
biologic assessment, geotechnical, hydraulic and soil analysis/studies, as required for
the feasibility grant agreement. This work is being funded mostly through the Salmon
Recovery Funding Board (SRFB).
Harmon moved to recommend authorization of the Mayor to sign the Geomatrix
Consultants, Inc. contract in the amount of $99,940, and establish a budget for
funds to be spent within the Mill Creek/Green River Restoration Project, upon
concurrence of the language there in by the City Attorney and Public Works
Director. The motion was seconded by Ranniger and passed 3-0, with
councilmember Raplee's concurrence.
ITEM 6 - Interlocal Agreement/Waste Reduction & Recvclincl Grant Program
w/King County Solid Waste Division:
Mike Mactutis, Environmental Engineering Manager stated that the King County Waste
Recycle & Reduction (WRR) Grant Contract in the amount of $168,329 is for funding
implementation of the City's 2008/2009 WRR tasks as described in exhibit 1, Scope of
Work, benefiting citizens and businesses of Kent.
Harmon moved to recommend authorization for the Mayor to sign the Waste
Reduction and Recycling (WRR) Grant Contract in the amount of $168,329 for
2008/2009, direct staff to accept the grant and establish a budget for the funds ,
to be spent within said project upon concurrence of the language there in by
the City Attorney and the Public Works Director. The motion was seconded by
Ranniger and passed 3-0, with councilmember Raplee's concurrence.
ITEM 7 - Amendment to Conservations Future Interlocal/Cooperation
Agreement w/King County for Open Spaces Acquisition:
Mike Mactutis, Environmental Engineering Manager stated that the Amendment to the
Conservation Futures Interlocal Cooperation Agreement between King County and the
City of Kent provides Kent with $115,000 to acquire 8.6 acres at the confluence of Mill
Creek Auburn and the Green River, providing an opportunity for creation of a channel
that will enhance salmonid winter flooding refuge for the Green River and Mill Creek as
well as providing summer rearing habitat.
Harmon moved to recommend authorization for the Mayor to sign the
Amendment to the Conservation Future Interlocal Cooperation Agreement
between King County and the City of Kent in the amount of $115,000, direct
staff to accept the agreement and establish a budget for funds to be spent
within the Mill Creek Confluence/Green River restoration Project upon
concurrence of the language therein by the City Attorney and Public Works
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PUBLIC WORKS COMMITTEE MINUTES
DATE FOR JANUARY 22, 2008
Director. The motion was seconded by Ranniger and passed 3-0, with
councilmember Raplee's concurrence.
ITEM 8 — Condemnation Ordinance/East Valley Highway Improvements:
Tim LaPorte, Deputy Public Works Director, introduced Mark Howlett, Design Engineering
Manager, Nick Horn, Project Engineer and Chad Bieren, Engineering Supervisor, Horn
gave a brief informational PowerPoint presentation explaining that in order to construct
the East Valley Highway Improvements Project it will be necessary to acquire private
property from 26 property owners. They went over photo's explaining which properties
have yet to come to an agreement. The city continues to meet with and negotiate with
property owners. This ordinance provides the mechanism to proceed, if necessary, to
condemnation on those properties for which the typical methods of negotiation have
failed.
Harmon moved to recommend authorization for the City Council to adopt this
Condemnation Ordinance for obtaining needed right-of-way for the East Valley
Highway (84th Avenue S.) Improvements. The motion was seconded by
Ranniger and passes 3-0, with councilmember Raplee's concurrence.
ITEM 9 Limited Street License Agreement/Sprint:
Tim LaPorte, Deputy Public Works Director explained that Sprint Communications is a
private company whose service area includes the City of Kent. Sprint has requested the
City of Kent grant them a permit to use City right-of-way to operate its system. This
action is the renewal of the previous license with some amended provisions. There is a
one time fee of $5,000.
Harmon move to authorize the Mayor to sign the Limited Street License
Agreement with Sprint Communications Company. The motion was seconded
by Ranniger and passed 3-0, with councilmember Raplee's concurrence.
ITEM 10 — Update Information Only/Drainage Master Plan:
Alex Murillo, Environmental Engineering Supervisor and Environmental Engineer, Beth
Tan, gave an informational PowerPoint and showed several photos sharing the status on
and progress that has been made to date on the Drainage Master Plan and then next
steps for the project.
Information Only No Motion Required
Adiourned:
The meeting was adjourned at 6:24 p.m.
Next Scheduled Meeting:
Monday, February 4, 2008 at 5:00 p.m.
Cheryl Viseth
Public Works Committee Secretary
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CONTINUED COMMUNICATIONS
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
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